Part 23 (1/2)

The method of his appointment has caused much disputing. With whom does the appointment rest? In former times the parish clerk was always nominated by the inc.u.mbent both by common law and the custom of the realm. This is borne out by the const.i.tution of Archbishop Boniface and the 91st Canon, which states that ”No parish clerk upon any vacation shall be chosen within the city of London or elsewhere, but by the parson or vicar: or where there is no parson or vicar, by the minister of that place for the time being; which choice shall be signified by the said minister, vicar or parson, to the paris.h.i.+oners the next Sunday following, in the time of Divine Service.”

But this arrangement has often been the subject of dispute between the parson and his flock as to the right of the former to appoint the clerk.

In pre-Reformation times there was a diversity of practice, some paris.h.i.+oners claiming the right to elect the clerk, as they provided the offerings by which he lived. A terrible scene occurred in the fourteenth century at one church. The paris.h.i.+oners appointed a clerk, and the rector selected another. The rector was celebrating Ma.s.s, a.s.sisted by his clerk, when the people's candidate approached the altar and nearly murdered his rival, so that blood was shed in the sanctuary.

Custom in many churches sanctioned the right of the paris.h.i.+oners, who sometimes neglected to exercise it, and the choice of clerk 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 s.e.xton, 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 inc.u.mbent 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 of the clerk at Rempstone in the year 1629[88]:

[Footnote 88: _The Clerks' Book_, Dr. Wickham Legg, lv.]

”22nd November, 1629.

”The wages of the Clarke of the Parish Church of Rempstone.

At Easter yearely he is to have of every Husbandman one pennie for every yard land he hath in occupation. And of every Cottager two pence.

”Furthermore he is to have for every yard land one peche of Barley of the Husbandman yearely.

”Egges at Easter by Courtesie.

”For every marriage two pence. And at the churching of a woman his dinner.

”The said Barley is to be payed between Christma.s.se and the Feast of the Annunciation of the Blessed Virgin Mary.”

Clerk's Ales have vanished, too, together with the cakes and eggs, but his fees remain, and marriage bells and funeral knells, christenings and churchings bring to him the accustomed dues and offerings. Tables of Fees hang in most churches. It is important to have them in order that no dispute may arise. The following table appears in the parish books of Salehurst, Suss.e.x, and is curious and interesting:

”April 18, 1597.

”Memorandum that the duties for Churchinge of women in the parishe of Salehurst is unto the minister ix d. b. and unto the Clarke ij d.

”Item the due unto the minister for a marriadge is xxj d.

And unto the Clarke ij d. the Banes, and iiij d. the marriadge.

”Item due for burialls as followeth To the Minister in the Chancell . . xiii s. iiij d.

To the Clarke in the Chancell . . vi s. viiij d.

To the Parish in the Church . . . vi s. viii d.

To the Clarke in the Church . . . v s. o d.

To the Clarke in the churchyard for great coffins . . . . . . . ii s. vi d.