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
[110] 37 & 38 Vict. c. 85, s. 13.
[111] 61 & 62 Vict. c. 48 (Benefices Act, 1898), s. 10.
[112] (1870) 33 & 34 Vict. c. 23, s. 2; (1892) 55 & 56 Vict. c. 32
(Clergy Discipline), s. 1.
[113] 3 & 4 Vict. c. 86; 55 & 56 Vict. c. 32.
CHAPTER III
UNBENEFICED CLERGY
1. The unbeneficed clergy engaged in parochial work may be divided into
(i.) curates or ministers in charge; (ii.) assistant licensed curates;
(iii.) unlicensed assistants; and (iv.) lecturers or preachers. An
unbeneficed clergyman has no recognised legal status unless he obtains a
licence from the bishop of the diocese, for which the fee is 10s.[114]
At the time of being licensed (unless, having been ordained the same
day, he has already done so) he must make and subscribe the Declaration
of Assent prescribed by the Clerical Subscription Act, 1865; and on the
first Lord's Day on which he officiates in the parish to which he is
licensed he must publicly repeat the same declaration in the presence of
the congregation during Divine service.[115] Canon 48 requires that
before a curate or minister is permitted to serve in any place he must
be examined and admitted by the bishop, having respect to the greatness
of the cure and the meetness of the party. Nor, if he removes from one
diocese to another, is he to be admitted to serve without the testimony
of the bishop of that from which he came, as to his honesty, ability,
and conformity to the ecclesiastical laws of the Church of England. But
this Canon gave no absolute right to stipendiary curates to be admitted
to serve after examination and upon good episcopal testimony. They
might, notwithstanding, "be placed and displaced at the bishop's
discretion without any process at law." He is under no obligation to
grant a licence to a curate, and cannot be compelled to do so.[116] It
is now, however, enacted, with respect to the removal of curates, that
the bishop, after giving him sufficient opportunity of showing reason to
the contrary, may summarily revoke the licence granted to any curate and
remove him for any cause which appears good and reasonable to the
bishop. But the curate may within one month after service upon him of
the revocation appeal to the archbishop of the province, who may confirm
or annul the revocation as he thinks proper.[117]
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