LICENCE FOR PERPETUAL AND CURATES. Removing to another diocese. Examination of the nominee by the archbishop discretionary. Subscription to the thirty-nine articles. constitution of Archbishop Arundel, no curate shall be admitted to officiate in any diocese, wherein he was not born or ordained, unless he bring with him letters commendatory of his diocesan, and also of other bishops in whose dioceses he has continued for any considerable time; which letters shall be cautious, and express with regard to his morals and conversation, and whether he be defamed for any new opinions contrary to the catholic faith or good manners. (1) By canon 48., if curates and ministers remove from one diocese to another, they are not to be admitted to serve, without testimony in writing of the bishop of the diocese, or ordinary of the place having episcopal jurisdiction, from whence they came, of their honesty, ability, and conformity to the ecclesiastical laws of the Church of England. This is agreeable to the rule of the ancient canon law, which requires, that no clergyman shall be received in another diocese, without letters commendatory from the bishop of the diocese from whence he removed. (2) Mr. Hodgson in his Instruction to Stipendiary Curates (3) states, "It is expected that a curate shall remain in the diocese of the bishop by whom he was ordained, for two years at the least: if he should desire to remove into another diocese before the expiration of such term, it is proper that he should apply to the bishop of that diocese, and also to the bishop who ordained him, for their sanction, stating the special circumstances which induce him to apply." In Rex v. Dublin (Archbishop of) (4) the curacy of the parish of St. James having become vacant, the vicar (in whom the right of nomination was vested) nominated a layman, who presented himself to the Archbishop of Dublin, for the purpose of being examined previous to ordination. The archbishop having refused to examine him, it was held, that his refusal was discretionary, and that he was not bound to assign any reason for his refusal, and that the Court would not in such a case grant a mandamus to the archbishop, requiring him to proceed with the examination. Before the licence is granted, the curate is To subscribe the thirty-nine articles (5): and the three articles in the 36th canon concerning the king's supremacy, the Book of Common Prayer articles in the and the thirty-nine articles (6), in the presence of the bishop of the diocese The three 36th canon. of hath been personally known to us for the space of [if the clerk nominated shall have been ordained a less time than three years, the testimonial may be from the time of ordination] three years last past; that we have had opportunities of observing his conduct; that during the whole of that time we verily believe that he lived piously, soberly, and honestly; nor have we at any time heard any thing to the contrary thereof; nor hath he at any time, as far as we know or believe, held, written, or taught any thing contrary to the doctrine or discipline of the united Church of England and Ireland; and moreover, we believe him in our consciences to be, as to his moral conduct, a person worthy to be licensed to the said curacy. In witness whereof we have hereunto wherever he is to preach, read, lecture, catechise, or administer the sacra LICENCE FOR PERPETUAL AND ments; to declare his conformity to the liturgy of the united Church of England and Ireland (1);— and to take the oaths of allegiance and CURATES. supremacy. (2) Conformity to On receipt of the nomination, letters of orders of priest or deacon, and liturgy. letters testimonial (3), the bishop, if he be satisfied with them, will either Oaths of alleappoint the clergyman nominated to attend him to be licensed, or issue a giance and commission to some neighbouring incumbent; after which the licence will be sent by the bishop to the registry office, and from thence it will be forwarded to the churchwardens. A stipendiary curate must, within three months after he is licensed, read in the church the declaration appointed by stat. 13 & 14 Car. 2. c. 4., and also the certificate of his having subscribed it before the bishop. supremacy. Transmission of licence. Stat. 13 & 14 Every parson shall read the Common Prayer, and declare his assent thereto. A perpetual curate must, within two months, in the church or chapel belonging to his promotion, read the morning and evening prayers, and declare his assent thereunto (on pain of deprivation ipso facto). He must also within two months, or at the time when he reads the morning and evening prayers (on pain of deprivation ipso facto), read and assent to the thirty-nine articles, if it be a place with cure: and within three months after being licensed read in the church the declaration appointed by stat. 13 & 14 Car. 2. c. 4., and also the certificate of his having subscribed it before the bishop, except there be some lawful impediment allowed and conformity. approved of by the ordinary. By stat. 1 Geo. 1. st. ii. c. 13. and stat. 9 Geo. 2. c. 26. he must, within six months after his admission, take the oaths of allegiance, supremacy, and abjuration in one of the courts at Westminster, or at the general or quarter sessions, on pain of being incapacitated to hold the same, &c. It seems that a curate must take the oath of canonical obedience (4), if required, either upon receiving his licence, or immediately afterwards. By a constitution of Archbishop Winchelsey it was ordained, that if "curates be received to officiate in any church, it ought to be enjoined in virtue of their obedience, that they duly attend on Sundays and holydays, and other days, when divine service is to be performed; and thereupon we do enjoin, that oath (5) shall be administered (6) and made (7) at their admission; and we do enjoin, that they shall also make oath that they will not injure the rectors, or vicars, and governors of the churches (8) or chapels, wherein they shall officiate; but that they will humbly obey them, and give them due reverence." (9) Subscription to the thirty nine articles. Declaration of Oaths of allegiance, supremacy, and abjuration. REQUISITES OBTAINED. (1) Stat. 13 & 14 Car. 2. c. 4.; stat. 15 Car. 2. c. 6.; stat. 1 Gul. 3. sess. 1. c. 8. (2) Stat. 1 Eliz. c. 1.; stat. 1 Gul. 3. c. 8.; stat. 1 Geo. 1. st. ii. c. 13.; stat. 9 Geo. 2. c. 26. (3) Ante, 399. (4) The following is the form of oath of canonical obedience: - I A. B. do swear that I will pay true and canonical obedience to the Lord Bishop of, in all things lawful and honest. So help me God. (5) And thereupon we do enjoin that oath shall be administered:- But this, not of ne cessity, but only if the rector or vicar shall (6) Shall be administered:- By such rec- (7) And made: - By the curate at his entrance or admission. Ibid. (8) Governors of the churches:- That is, such as are neither rectors nor vicars; as deans, provosts, masters, wardens, and such like. Ibid. * Ꭰ Ꭰ (9) And give them due reverence :-In LICENCE FOR PERPETUAL AND And by another constitution of the same archbishop: Stipendiary priests (1), who shall celebrate the divine offices, shall not receive any oblations, portions, obventions, perquisites (2), trentals, or any part thereof, especially oblations for the bodies of the dead when brought to the church to be buried, without licence of the rectors or vicars of the churches where they shall officiate; nor in any manner carry them away to the prejudice of the rectors or vicars of the churches aforesaid, or of their substitutes, lest they incur the sentence of the greater excommunication in that behalf ordained. And the said priests, on the Sunday or holyday after their admission (3), shall swear before the rectors, vicars, or their deputies (4), during the solemnity of the public worship (or otherwise before the ordinaries of the respective places), looking upon the holy books there lying open, that they will in no wise do any damage or prejudice to the churches or chapels parochial wherein they perform divine service, or to the rectors or vicars thereof, or to those who represent them, or who have interest therein (5), as to the oblations, portions, obventions, perquisites, trentals, or other rights whatsoever, or howsoever called; but that as much as in them lieth, they will secure and preserve them from damage in all and singular the premises. And the said priests shall also specially swear, that they will by no means raise, sustain, or foment hatred, scandal, quarrels, and contentions, between the rector and parishioners; but that, as much as in them lieth, they will promote and preserve concord between them. And the said priests shall not presume to celebrate divine service in such churches or chapels until they shall have taken the oath in form aforesaid; provided that the rectors, or vicars, or others aforesaid, shall require them so to be sworn and if they shall presume to celebrate divine service in the place so forbidden to them, contrary to this prohibition, they shall thereby incur irregularity, besides the other penalties which the canons inflict upon the breakers of holy constitutions. And if the aforesaid curates, being so sworn as aforesaid before a competent judge, shall be convicted by lawful proof of having broken their oath, they shall be entirely removed, and as perjured persons shall be interdicted from the celebration of divine offices, until they shall be canonically dispensed withal. And the said rectors, or vicars, or their deputies ought affably to receive the oaths aforesaid; and keep in their churches a written copy of the premises and other things ordained in that behalf. (6) theco mmon instances of subordination and (1) Stipendiary priests :- This constitu- (2) Perquisites: - Denarios pro requestis: or, as it is afterwards expressed in this constitution, denarios perquisitos · that is, pence given for prayers for departed souls in the offices of the church. (3) On the Sunday or holyday after their admission: - By the rector, or vicar, or their deputies. Lyndwood, Prov. Const. Ang. 110. (4) Shall swear before the rectors, vicars, or their deputies: - By which deputies are meant parish priests, or others whom, in their absence, they have deputed to be their agents or proctors. Ibid. 11. (5) Or who have interest therein: - As their farmers, or persons who have a right to a certain portion of the obventions. Ibid. (6) Lyndwood, Prov. Const. Ang 110. DEANS AND CHAPTERS. (1) 1. DEANS GENERALLY, pp. 404–408. Different kinds of deans — The title of dean, is a title of dignity- Original institution of Suppression of non-resiQualifications of deans and canons under stat. 3 & 4 Vict. c. 119. - Deans need not hold prebends — APPOINTMENT OF DEANS UNDER THE OLD AND NEW FOUNDATIONS Patronage in whom vested under stat. 3 & 4 Vict. c. 113. - Annual income of deans. Profits of a deanery during the vacation. - Canons 42 & 43.- Residence of the dean - Deans to preach during their residence the chapter. 2. CHAPTERS, pp. 408-419. -Deans to visit Defined Chapter without a dean. Prebend defined — By stat. 3 & 4 Vict. c. 113. s. 1. canons. 3. OF DEAN AND CHAPTER AS ONE BODY AGGREGATE AND CORPORATE, pp. 420–424. Dean and chapter defined-How incorporated - Their dependence on the bishop — Enact- 4. LIST OF SUSPENDED CANONRIES TO THE PROCEEDS OF WHICH, the ECCLESIASTICAL COMMISSIONERS HAVE BECOME ENTITLED, up to June 10. 1847, p. 424. 5. STATEMENT OF THE DEANERIES AND CANONRIES THE SEPARATE ESTATES OF WHICH, AND NON-RESIDENTIARY PREBENDS, DIGnities, AND OFFICES, THE WHOLE ENDOWMENTS OF WHICH HAVE, UPON THEIR RESPECTIVE VACANCIES, BECOME VESTED IN THE ECCLESIASTICAL COMMISSIONERS, UP to June 10. 1847, pp. 424-426. 6. List of supPRESSED SINECURE RECTORIES, THE ESTATES OF WHICH HAVE BECOME VESTED IN THE ECCLESIASTICAL COMMISSIONERS, UP TO JUNE 10. 1847, p. 426. (1) Vide tit. VISITATION. DEANS Different kinds of deans. A deanery is a spiritual promotion. 1. DEANS GENERALLY. Dr. Burn (1) states, that there are four sorts of deans and deaneries, recognised by our law. The first is a dean who has a chapter, consisting of prebendaries or canons, as a council assistant to the bishop in matters spiritual, relating to religion, and in matters temporal, relating to the temporalities of his bishopric: for seeing that it was impossible but that sects, schisms, and heresies should arise in the church, it was in Christian policy thought fit and necessary, that the burden of the whole church, and the government thereof, should not lie upon the person of the bishop only; and therefore it was thought necessary that every bishop, within his diocese, should be assisted with a council, to consult with him in matters of difficulty concerning religion, and deciding of the controversies thereof; and also for the better ordering and disposing of the things of the church, and to give their assent to such estates as the bishop should make of the temporalities of his bishopric; for it was not convenient that the whole power and charge thereof should remain in any one sole person. The second is a dean who has no chapter, and yet he is presentative, and has cure of souls; he has a peculiar, and a court wherein he holds ecclesiastical jurisdiction; but he is not subject to the visitation of the bishop or ordinary; such is the dean of Battle, in Sussex, which deanery was founded by William the Conqueror in memory of his conquest; and the dean there has cure of souls, and has spiritual jurisdiction within the liberty of Battle. The third dean is ecclesiastical also, but the deanery is not presentative but donative, nor has any cure of souls; but he is only by covenant or condition; and he also has a court and a peculiar, in which he holds plea and jurisdiction of all such matters and things as are ecclesiastical, and which arise within his peculiar, which oftentimes extends over many parishes: such a dean, constituted by commission from the metropolitan of the province, is the dean of the Arches, and the dean of Bocking, in Essex; and of such deaneries there are many more. The fourth sort of dean is he who is usually called the rural dean, having no absolute judicial power in himself, but he is to order the ecclesiastical affairs within his deanery and precinct, by the direction of the bishop or of the archdeacon, and is a substitute of the bishop in many cases. A deanery is a promotion merely spiritual, and might never be possessed, regularly, by any person but who was of the order of priesthood. This is plain from the ancient name, archipresbyter, or the head presbyter, of the college of presbyters (who being ten in number gave occasion from thence to the name, decanus), and from the several rules of the canon law, expressly requiring that none be constituted archipresbyteri, or decani, but presbyters only: Nullus episcopus in ecclesià suà — archipresbyterum aut decanum, nisi presbyteri sint, ordinare præsumat. Nullus in archipresbyterum, nullus in decanum, nisi presbyter, ordinetur (2): and although the Gloss. (3) qualifies this, saying, sufficit, si talis sit, quòd in brevi possit promoveri ad istum ordinem, as being already of inferior orders; yet it was (1) E. L. 79. (2) Dist. 60. e. 1, 2, 3. (S) Ibid. v. nullus. |