Benefice - History - Suitability of Parochial Clergy

Suitability of Parochial Clergy

Under the early constitutions of the Church of England a bishop was allowed a space of two months to inquire and inform himself of the sufficiency of every presentee, but by the 95th of the Canons of 1604 that interval was reduced to 28 days, within which the bishop must admit or reject the clerk. If the bishop rejects the clerk within that time he is liable to a duplex querela (Latin; "double complaint": The procedure in ecclesiastical law for challenging a bishop's refusal to admit a presentee to a benefice) in the ecclesiastical courts or to a quare impedit in the common law courts, and the bishop must then certify the reasons of his refusal.

In the rare cases where the patron happens to be a clergyman (a clerk in orders) and wishes to be admitted to the benefice of his own advowson, he must proceed by way of petition instead of by deed of presentation, reciting that the benefice is in his own patronage, and petitioning the bishop to examine him and admit him.

Upon the bishop having satisfied himself of the sufficiency of the clerk, he proceeded to institute him to the spiritual office to which the benefice is annexed, but before such institution could take place, the clerk had to make the declaration of assent, the Thirty-nine Articles of Religion and the Book of Common Prayer, take the oaths of allegiance and canonical obedience and make a declaration against simony. The first was laid down by the Canons of 1603/4 and modified by the Clerical Subscription Act 1865 which also prescribed the form of the declaration against simony; the words of the oath of allegiance accorded to the form in the Promissory Oaths Act 1868. Current practice is to make a declaration of assent to the doctrine and liturgical practice of the Church of England, and take the oaths of allegiance and canonical obedience as defined by Canons of the Church of England.

The bishop, by the act of institution, commits to the presentee the cure of souls attached to the office to which the benefice is annexed. In cases where the bishop himself is patron of the benefice, no presentation or petition is required to be tendered by the clerk, but the bishop having satisfied himself of the sufficiency of the clerk, collates him to the benefice and office. A bishop need not personally institute or collate a clerk; he may issue a fiat to his vicar-general or to a special commissary for that purpose.

After the bishop or his commissary has instituted the presentee, he issues a mandate under seal, addressed to the archdeacon or some other neighbouring clergyman, authorizing him to induct the clerk into his benefice - in other words, to put him into legal possession of the temporalities, which is done by some outward form, and for the most part by delivery of the bell-rope to the presentee, who then tolls the church bell. This form of induction is required to give the clerk a legal title to his beneficium, although his admission to the office by institution is sufficient to vacate any other benefice which he may already possess.

A benefice is avoided or vacated

• (1) by death;
• (2) by resignation, if the bishop is willing to accept the resignation. ;
• (3) by cession, upon the clerk being instituted to another benefice or some other preferment incompatible with it;
• (4) by deprivation and sentence of an ecclesiastical court; under the Clergy Discipline Act 1892, an incumbent who has been convicted of offences against the law of bastardy, or against whom judgment has been given in a divorce or matrimonial cause, is deprived, and on being found guilty in the consistory court of immorality or ecclesiastical offences (not in respect of doctrine or ritual), he may be deprived or suspended or declared incapable of preferment;
• (5) by act of law in consequence of simony;
• (6) by default of the clerk in neglecting to read publicly in the church the Book of Common Prayer, and to declare his assent thereto within two months after his induction, pursuant to an act of 1662;
• (7) more recently, also on reaching statutory retirement age.