does not exceed the stipend above directed, and in proportion only to the time of the vacancy." But if the profits of the benefice which come into the hands of the sequestrator during the vacancy, are insufficient to pay such stipend or stipends, then so much as shall remain Payment of unpaid shall be paid to the curate or curates by the suc- stipend during ceeding incumbent, out of the profits of the benefice; the vacancy by succeeding inpayment of which the bishop is empowered and required cumbent in certo enforce, if necessary, by monition and sequestration of tain cases. the profits of the benefice.

Having now considered in what manner a stipendiary Review of the curate is to be appointed and licensed,-in what cases he subject. is to be employed,-in what manner, and according to what rate he is to be paid,-how such payment is to be enforced, and the matters relative to his residence on his curacy, it remains only to consider how his office is to determine, and by what causes or in what manner he may be removed from his curacy.

No curate is allowed to quit the curacy to which he has Curate's quitbeen licensed, without three months' notice of his inten- ting his curacy. tion so to do, given to the incumbent and the bishop, unless with consent of the bishop, signified in writing under his hand, upon pain of paying to the incumbent a sum not exceeding the amount of his stipend for six months, at the discretion of the bishop; such sum to be specified in writing under the hand of the bishop, and either to be retained out of the stipend, where a sufficient part thereof remains unpaid, or to be recovered by the person holding the benefice by action of debt. b

from new in

cumbent.

Every curate, upon the vacancy of the benefice to the Curate to quit cure of which he has been licensed, and upon having six cure and parweeks' notice from the new incumbent admitted or insti- sonage house upon having six tuted to the benefice, must quit and give up the curacy; weeks' notice and if he has been residing in the house of residence, he must, upon having such notice, give up possession thereof with the premises, provided that such notice must be given within six months from the time of such admission. But in the case of all district churches and district chapelries, the license of the stipendiary curate, appointed to serve the chapel of such chapelry, shall not be rendered void by the avoidance of the church of the parish or district parish in which such chapel is situate; but such license is to continue in force, unless revoked by the bishop under his hand and seal, notwithstanding such avoidance. And this particular exception from the general rule appears to aid in removing any doubt, if such might otherwise have ex

* Sect. 100.

a Sect. 101.

b Sect. 98.

c Sects. 95, 96.

Curate to de

liver up parsonage house on notice.

Distinction of the cases in

which an appeal is allowed.

The notices.

isted, as to the cases to which the rule applies. It seems, therefore, that the new incumbent, upon his admission to a benefice, where a licensed curate was residing as curate of the same church, might remove that curate upon due notice, although he did not intend himself to reside on such benefice. In every other case except this last, the incumbent of any benefice, whether resident thereon or not, with the bishop's permission in writing, may require any curate who may have been licensed after the passing of the act to quit and give up his curacy upon six months' notice. If the bishop refuse this permission to an incumbent resident or desirous of residing, he may appeal from such refusal to the archbishop; but if a non-resident incumbent is refused this permission by the bishop, that refusal is final,

And where the curate has been residing in the house of residence, the incumbent, with such permission from the bishop, or the bishop himself at any time, may, upon six months' notice in writing, require him to give up the same with the premises, and such portion of the glebe land as shall have been assigned to him; and if the curate should refuse to deliver up the premises, he shall pay to the person holding the benefice forty shillings for every day of wrongful possession, after service of such notice; which penalty or forfeiture, being incurred by a person not holding a benefice, would be to be sued for and recovered in an action of debt.f

It will be observed, that in the case of an incumbent who should have been refused permission to give his curate notice to quit the house, premises or glebe, no such appeal to the archbishop is given as in the case last mentioned, the refusal of the bishop apparently being final. It has been suggested hereupon, that a difficulty might arise, if the bishop, having in both cases refused permission, the archbishop should, upon appeal, reverse his decision in the one case, in which only he has power to reverse it, the curate being thus dismissed from the curacy, but left in possession of the house of residence and glebe.s

With respect to these notices, it may be recapitulated that a new incumbent must give six weeks' notice, and within six months after admission, such notices not being necessarily in writing according to the act; although it would probably in all such cases be better that they should be in writing. The notices in other cases, with permission of the bishop, or by the bishop himself, must be necessarily six months, and must necessarily be in writing. d 14th August, 1838. e Sect. 96. f Sect. 117. Rogers's E. L..

But, in addition to these cases, a more summary power Bishop may reis given to the bishop of removing a curate at any time he voke licenses. may think proper; and all curates are thus made immediately subject to the bishop as well as to the incumbent; for the bishop is empowered, after having given the curate sufficient opportunity of showing reason to the contrary, summarily, and without further process, to revoke any license granted to any curate, and to remove such curate for any cause that he may think good or reasonable; but the curate may, within one month after service upon him of the revocation, appeal against the same to the arch- Appeal by cubishop.h

rate.

cation.

transmitted.

The bishop who grants or revokes any license to any Registry of licurate is to cause a copy of such license or revocation to cense and revobe entered in the registry of the diocese; and an alphabetical list of such licenses and revocations is to be made out by the registrar of the diocese, and entered in a book, and kept for the inspection of all persons upon payment of three shillings; and a copy of every such license and Copies to be revocation is to be transmitted by the registrar to the churchwardens or chapelwardens of the parish or place to which the same relates, within one month after the grant of such license or revocation, to be by them deposited in the parish chest; and for every such copy so transmitted, Fees. the registrar is entitled to demand a fee of three shillings from the incumbent. And in case the archbishop shall on appeal annul the revocation of the license, the bishop by whom the revocation may have been made shall, immediately upon receiving notice of that fact from the archbishop, order in writing that the copies of such revocation shall be forthwith withdrawn from the registry and parish chest; and that such revocation shall be erased from the list of revocations in the registry, which order is binding upon the registrar and churchwardens respectively to whom it is addressed. i

CHAPTER VIII.

ECCLESIASTICAL OFFICERS, SERVANTS, &c.

Chancellor,

fication.

SECTION 1.

Chancellors and other Officers of Ecclesiastical Courts. A VERY extensive subject might be opened under the present head, but it would necessarily be connected with a variety of subjects, which are quite foreign to the purposes of the present work. It will be sufficient, therefore, to give the different titles, and to point out very briefly the office of these parties respectively.

The chancellor must be at least a master of arts or age and quali- bachelor of civil law, so created in some university, of the age of six-and-twenty, and he is to hold the bishop's courts for him, and assist him in other matters of ecclesiastical law. Whatever causes therefore are triable in the Bishop's Consistorial Court are triable by him as judge; a but if one who is a divine, and not brought up to the study of the civil law, should nevertheless be appointed chancellor, this will not be a reason why the common law courts would grant prohibition in any cause tried before him, since it belongs to the spiritual court to examine the abilities of spiritual officers.b

The office of chancellor is said to include in itself two others, those of official principal and vicar-general.

The office of official principal of the Archbishop of Canterbury has, for a long time, been united with that of dean of the arches; and that large jurisdiction in ecclesiastical matters, which is now exercised by the dean of the arches, is exercised by him as official principal; for the jurisdiction of the dean of the arches is limited to the peculiars of the archbishop.

The original jurisdiction of the official principal of the archbishop is that which he has as judge of the peculiars of the archbishop, and that which he has by virtue of letters of request in such causes as are called arduous causes; of which matrimonial causes were always termed

CHANCELLORS AND OFFICERS OF ECCLESIASTICAL COURTS.

the chief. His appellate jurisdiction is very extensive, including all manner of appeals from the chancellors, commissioners, officials, &c. of the bishops, deans and chapters, and archdeacons, in the whole province of Canterbury, for he is to the judges of those courts, what the archbishop is to the bishops, &c. whose courts they are: and as the only appeal from the archbishop is to the Queen, so from the decision of his official principal, the only appeal is to the judicial committee of the privy coun

cil.

general.

The vicar-general appears to have only what is called Of the vicarvoluntary jurisdiction, that is, in matters which require no judicial proceeding, as in granting probate of wills, letters of administration, sequestration of vacant benefices, institution, &c.; but where different offices have been usually held by the same party, it is difficult to define precisely in which right the jurisdiction may have been exercised; and this is the case with the vicar-general, for it seems to be doubtful whether he has any power as such to inquire into crimes and punish them.

179

The limits of a chancellor's jurisdiction will necessarily Limits of jurisbe those of the diocese of the bishop, whose chancellor he diction. is; and whatever causes are triable in the consistorial

court of that bishop, the chancellor is to try them.

Where an archdeacon has ecclesiastical jurisdiction, the Officials and judge of his court is usually called the official. And where commissaries. any bishop or other corporation, &c. has ecclesiastical jurisdiction in a peculiar, the judge of such a court is usually called the commissary; but the office and duties of these officers, whatever may be their name, is the same as that of the chancellor; and from all of them there lies an appeal to the official principal of the archbishop.

A surrogate is a deputy of an ecclesiastical judge for a Surrogates. special purpose, namely, that of granting licenses of marriage; and before granting any such license, he must take an oath before the ecclesiastical judge for the faithful performance of his office to the best of his knowledge, and must give a bond for 1001. for the due execution of his office. By the canon law he is to be some clergyman; and some other qualifications are declared necessary, such as-skill in the civil and ecclesiastical law, &c., which, however, since they do not appear to be practically necessary in any way, are not now usually regarded.

Our notice of the offices of chancellors and other ecclesiastical judges is the more limited since the alteration in

See 2 Lee, 316; 1 Hagg. 535, 537; 23 Hen. 8, ch. 9.

e See Thorpe v. Mansell, 1 Hagg. Com. 4.