By the ecclesiastical laws, no clergyman was allowed to relinquish or desert his station without just grounds and leave: yet, in some cases, resignation was allowed of,—such as old age, sickness, or other infirmity. No clergyman was to remove from one diocese to another, without the consent, and letters dimissory, of his own bishop. The laws were no less severe against all wandering clergymen, or such as, having deserted their own church, would fix in no other, but went roving from place to place: these some of the ancients called βακαντιβοι or Vacantivi. By the laws of the Church, the bishops were not to permit such to officiate in their dioceses, nor indeed so much as to communicate in their churches. Other laws there were, which obliged the clergy to residence, or a constant attendance upon their duty. The Council of Sardica has several canons relating to this matter. Others inhibited pluralities, or the officiating in two parochial churches. In pursuance of the same design, of keeping the clergy strict and constant to their duty, laws were also made to prohibit them following any secular employment, which might divert them too much from their proper business and calling. In some times and places, the laws of the Church were so strict about this matter, that they would not suffer a bishop, or presbyter, to be left trustee to any man’s will. By other laws they were prohibited from taking upon them the office of pleading at the bar in any civil contest.
Another sort of laws respected the outward behaviour of the clergy. Such were the laws against corresponding and conversing too freely with Jews, and Gentile philosophers; and the canons which restrained them from eating and drinking in a tavern, or being present at the public theatres. To this sort of laws we may reduce the ancient rules which concern the garb and habit of the clergy; which were to be such as might express the gravity of their minds, without any affectation, or superstitious singularity. As to the kind or fashion of their apparel, it does not appear, for several ages, that there was any other distinction observed therein between them and the laity, than the modesty and gravity of their garb, without being tied to any certain habit, or form of dress.
These were the principal laws and regulations by which the clergy of the primitive Christian Church were governed; and it is remarkable, that the apostate emperor Julian was so convinced of their excellency, that he had a design of reforming the heathen priesthood upon the model of the Christian clergy.
The clergy of the Church of Rome are distinguished into regular and secular. The regular clergy consist of those monks, or religious, who have taken upon them holy orders, and perform the offices of the priesthood in their respective monasteries. The secular clergy are those who are not of any religious order, and have the care and direction of parishes. The canons of such cathedrals as were not monastic foundations were so called; i.e. secular canons. In the Saxon times these might be married. The Protestant clergy are all seculars.
The Romish Church forbids the clergy of her communion to marry, and pretends that a vow of perpetual celibacy, or abstinence from conjugal society, was required of the clergy, as a condition of their ordination, even from the apostolical ages. But the contrary is evident from innumerable examples of bishops and presbyters, who lived, in those early ages, in a state of matrimony.—Bingham. (See Celibacy.)
CLERK. This word is in fact only an abbreviation of the word clericus, or clergyman. It is still used, in a few instances, to designate clergymen: as clerk of the king’s closet, clerks in orders in certain parish churches. In foreign churches, it is usually applied to the ministers in minor orders. But it is now used to designate certain laymen, who are appointed to conduct or lead the responses of the congregation, and otherwise to assist in the services of the church. In most cathedrals and collegiate churches, and in some colleges, there are several of these lay clerks (see Vicar Choral, Secondary, and Stipendiary); in parish churches, generally, there is but one, who is styled the parish clerk. These were, originally, real clerks, i. e. clergymen, generally in minor orders, who assisted the officiating priest. But the minor orders have long ceased to be conferred, except as symbolical steps towards the higher grades of the ministry; so that in countries of the Romish communion, as well as among ourselves, the office which used to be performed by one or more clergymen has devolved upon laymen. There can be little doubt that, in parishes where there are more than one clergyman resident, the duties of the parish clerk should be performed by them, especially in leading the responses, singing, giving notices, &c.; but long custom has so familiarized us to the services of a lay-clerk, that we permit him, as of right, to do even in the presence of the clergy what, strictly speaking, belongs to the clerical office. It is a great fault in a congregation when they permit the lay-clerk to do more than lead them in the responses or their singing. The eighteenth canon directs all persons, man, woman, and child, to say in their due places, audibly with the minister, the Confession, the Lord’s Prayer, and the Creed, and make such other answers to the public prayer as are appointed in the Book of Common Prayer; and the laity forfeit a high privilege when they leave their share of the service to the lay-clerk alone.
Clerks are mentioned in the Prayer Book in the Rubric before the second occurrence of the Lord’s Prayer, in Morning and Evening Prayer: “The minister, clerks, and people shall say the Lord’s Prayer with a loud voice:” in the Marriage Service, “The minister and clerks, going to the Lord’s table, shall say or sing this Psalm following:” in the Burial Service, “The priest and clerks meeting the corpse at the entrance of the churchyard, &c., shall say or sing:” and when they are come to the grave, “The priest shall say, or the priest and clerks shall sing:” and in the Commination Service, “The priest and clerks, kneeling, (in the place where they are accustomed to say the Litany,) shall say this Psalm, Miserere mei, Deus.” The clerk in the singular number is mentioned but once only, which is in the Marriage Service; where the man is directed to lay the ring on the book “with the accustomed duty to the priest and clerk.”—Jebb.
Canon 91. Parish clerks to be chosen by the minister.—No parish clerk upon any vacation shall be chosen, within the city of London, or elsewhere within the province of Canterbury, 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 parishioners the next Sunday following, in the time of Divine service. And the said clerk shall be of twenty years of age at the least, and known to the said parson, vicar, or minister, to be of honest conversation, and sufficient for his reading, writing, and also for his competent skill in singing, if it may be. And the said clerks so chosen shall have and receive their ancient wages without fraud or diminution, either at the hands of the churchwarden, at such times as hath been accustomed, or by their own collection, according to the most ancient custom of every parish.
Since the making of this canon, the right of putting in the parish clerk has often been contested between incumbents and parishioners, and prohibitions prayed, and always obtained, to the spiritual court, for maintaining the authority of the canon in favour of the incumbent, against the plea of custom in behalf of the parishioners.
All incumbents once had the right of nomination of the parish clerks, by the common law and custom of the realm.