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
11. The old rank of reader, which was formerly one of the minor orders,
was temporarily revived after the Reformation to supplement the lack of
clergy, and seems to have been continued in some remote districts till
the close of the eighteenth century.[159] It has in recent times been
resuscitated as a lay office.[160] Moreover, the practice has of late
years increased of the lessons being read in church by laymen at the
request of the incumbent, without the express sanction of the bishop.
But an incumbent ought not, without that sanction, to permit a layman to
take any other part in any service in a consecrated building. The
officiating of a layman in an unconsecrated building does not stand
quite on the same footing; but, as a matter of Church order and
regularity, the approval of it by the bishop should be procured, through
the layman being expressly authorised as a lay reader, or in some other
manner, especially if the building is licensed for Divine worship. All
such laymen must, of course, act with the consent, and under the
direction, of the incumbent of the parish.
12. Laymen and women engaged in less formal kinds of parochial work
(among which is the visiting of the poor and sick contemplated by Canon
13 as one of their occupations on Sundays and other holy days) are
responsible to the incumbent alone, and should act with his permission
and under his directions. The Sunday schools, with their superintendents
and teachers, are under his sole control. His powers with regard to the
religious instruction given in any Church elementary school in the
parish depend upon the terms of the trust-deed or scheme (if any)
regulating the school, and upon the subsection in the Education Act,
1902, that religious instruction given in a public elementary school not
provided by the local authority shall, as regards its character, be in
accordance with the provisions (if any) of the trust-deed relating
thereto, and shall be under the control of the managers; provided that
nothing in the subsection is to affect any provision in a trust-deed for
reference to the bishop or superior ecclesiastical or other
denominational authority, so far as such provision gives to the bishop
or authority the power of deciding whether the character of the
religious instruction is or is not in accordance with the provisions of
the trust deed.[161]
13. Parochial church councils, where they exist, like ruridecanal and
diocesan conferences, rest at present on a purely voluntary basis.
Whatever, therefore, may be their advantages, and however desirable may
be their incorporation into our regular Church system, the parish clergy
stand as yet in no legal relation to them.
Footnotes
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