The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
[2] _i.e._ "The Book of Common Prayer and Administration of the
Sacraments and other Rites and Ceremonies of the Church, according to
the use of the Church of England, together with the Psalter or Psalms of
David, pointed as they are to be sung or said in Churches, and the Form
or Manner of making, ordaining, and consecrating of Bishops, Priests,
and Deacons," which is annexed to the Act of Uniformity of 1662 (14 Cha.
2, c. 4). Similarly the Thirty-Nine Articles of Religion are enjoined on
the clergy by (1571) 13 Eliz. c. 12, the Clerical Subscription Act, 1865
(28 & 29 Vict. c. 122), and the Canon made in 1865 and ratified by the
Crown in 1866.
[3] Middleton _v._ Crofts (1736) 2 Str. 1056; 2 Atk. 650; Bp. of Exeter
_v._ Marshall (1868) L. R. 3 H. L. 17.
[4] Gibs. Cod. 956. The Act of 1661 (13 Cha. 2, st. 1, c. 12), which
restored the ecclesiastical jurisdiction of archbishops, bishops, and
other spiritual judges and officers, contained a proviso that nothing
therein contained should extend to confirm "the canons made in the year
1640, nor any of them, nor any other ecclesiastical laws or canons not
formerly confirmed, allowed, or enacted by Parliament or by the
established laws of the land as they stood in the year of our Lord
1639."
[5] So called "because by his person the church, which is an invisible
body, is represented: and he is in himself a body corporate in order to
protect and defend the rights of the church (which he personates) by a
perpetual succession." 1 Bl. Comm. 384. The term _parson_ is often
popularly, but incorrectly, applied to vicars and other clergymen.
[6] The owner of this right was called the _patronus_ or _advocatus_ on
account of his duty to patronise, advocate, or defend the privileges of
the church and benefice. Hence his right to nominate the rector was
styled _advocatio_ or advowson.
[7] (1818) 58 Geo. 3, c. 45, ss. 16-19.
[8] (1822) 3 Geo. 4, c. 72, ss. 13, 14.
Public-domain text, read in full here on John Shaqi.
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