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. Curates or ministers in charge are appointed in a variety of cases.
(_a_) If a benefice is vacant, the sequestration of it is granted by the
bishop to the churchwardens or some one or more other persons; and
subject to the direction of the bishop, if he gives any, the
sequestrators are charged with the selection of the person or persons to
serve the cure during the vacancy, and the bishop may assign to him or
them a stipend not greater in the case of each than at the rate of £200
per annum, and so that the aggregate amount assigned do not exceed the
net annual income of the benefice. The sequestrators pay the costs of
serving the cure out of the revenue of the benefice, and account for the
balance to the succeeding incumbent, upon whom on the other hand any
deficiency falls if these costs exceed the net revenue received by the
sequestrators.[118] (_b_) Where under the bankruptcy of the incumbent,
or under a judgment recovered against him, a benefice remains under
sequestration for six months, the bishop from the expiration of the six
months till the close of the sequestration is to take order for the
services in the church of the benefice, and may appoint and license for
the purpose one or more curates or additional curates to reside in and
serve the parish, subject to revocation at any time, and with such
stipends out of the revenue of the benefice as he thinks fit within
certain prescribed limits according to the population of the parish, and
not exceeding in the whole two-thirds of the annual value of the
benefice.[119] (_c_) Where an incumbent is absent from his benefice for
a period or periods exceeding altogether three months in any one
calendar year, he must leave a curate or curates licensed or approved by
the bishop to perform the ecclesiastical duties of the benefice. If he
fails to do so, or if after the death, resignation, or removal of any
such curate he does not within one month notify the fact to the bishop,
or does not within four months nominate another proper curate to the
bishop, the bishop may appoint and license a proper curate, with
directions as to residence and with a stipend according to a prescribed
scale, varying with the value of the benefice and the population of the
parish and the grounds of the non-residence of the incumbent. A curate
who is appointed to serve in a benefice on which the incumbent does not
reside during four months in the year is to be required by the bishop to
reside within the parish, or within three miles of the church of the
benefice, if no convenient residence can be procured within the parish,
except in cases of necessity approved by the bishop. If the population
of the benefice exceeds 2000, the bishop may require the incumbent to
nominate two or more curates, and, if this is not done, may himself
appoint them. A scale of curates' stipends where the incumbent is
non-resident is provided by law, varying according to the annual value
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