erk was left to
the vicar. The visitations in the time of Elizabeth show that the people
were expected to appoint to the office, but the episcopal inquiries also
demonstrate that the parson or vicar could exercise a veto, and that no
one could be chosen without his goodwill and consent.
The canon of 1603 was an attempt to change this variety of usage, but
such is the force of custom that many decisions of the spiritual courts
have been against the canon and in favour of accustomed usage when such
could be proved. It was so in the case of _Cundict_ v. _Plomer_ (8 Jac.
I)[86], and in _Jermyn's Case_ (21 Jac. I).
[Footnote 86: _Ecclesiastical Law_, Sir R. Phillimore, p. 1901.]
At the present time such disputes with regard to the appointment of
clerks are unlikely to arise. They are usually elected to their office
by the vestry, and the person recommended by the vicar is generally
appointed. Indeed, by the Act 7 & 8 Victoria, c. 49, "for better
regulating the office of Lecturers and Parish Clerks," it is provided
that when the appointment is by others than the parson, it is to be
subject to the approval of the parson. Owing to the difficulty of
dismissing a clerk, to which I shall presently refer, it is not unusual
to appoint a gentleman or farmer to the office, and to nominate a deputy
to discharge the actual duties. If we may look forward to a revival of
the office and to a restoration of its ancient dignity and importance,
it might be possible for the more highly educated man to perform the
chief functions, the reading the lessons and epistle, serving at the
altar, and other like duties, while his deputy could perform the more
menial functions, opening the church, ringing the bell, digging graves,
if there be no sexton, and the like.
It is not absolutely necessary that the clerk, after having been chosen
and appointed, should be licensed by the ordinary, but this is not
unusual; and when licensed he is sworn to obey the incumbent of the
parish[87].
[Footnote 87: _Ibid._, 1902.]
We have recorded some of the perquisites, fees and wages, which the
clerk of ancient times was accustomed to receive when he had been duly
appointed. No longer does he receive accustomed alms by reason of his
office of _aquaebajalus_. No longer does he derive profit from bearing
the holy loaf; and the cakes and eggs at Easter, and certain sheaves at
harvest-tide, are perquisites of the past.
The following were the accustomed wages o
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