For by Canon 41, “No curate or minister shall be permitted to serve in any place without examination and admission of the bishop of the diocese, or ordinary of the place having episcopal jurisdiction, under his hand and seal, having respect to the greatness of the cure, and meetness of the party.”
And by the same canon, “If the curates remove from one diocese to another, they shall not be by any means admitted to serve without testimony in writing of the bishop of the diocese, or ordinary of the place having episcopal jurisdiction, from whence they came, of their honesty, ability, and conformity to the ecclesiastical laws of the Church of England.”
By Canon 36, “No person shall be suffered to preach, to catechize, or to be a lecturer, in any parish church, chapel, or other place, except he be licensed either by the archbishop or by the bishop of the diocese, and except he shall first subscribe to the three articles specified in the said canon, concerning the king’s supremacy, the Book of Common Prayer, and the Thirty-nine Articles of religion.”
And by Canon 37, “None who hath been licensed to preach, read, lecture, or catechize, and shall afterwards come to reside in another diocese, shall be permitted there to preach, read, lecture, catechize, or administer the sacraments, or to execute any other ecclesiastical function, by what authority soever he be thereunto admitted, unless he first consent and subscribe to the three articles before mentioned, in the presence of the bishop of the diocese wherein he is to preach, read, lecture, catechize, or administer the sacraments as aforesaid.”
He must also, within two months, or at the time when he reads the morning and evening prayers as aforesaid, (on the like pain of deprivation ipso facto,) read and assent to the Thirty-nine Articles, if it be a place with cure. (13 Eliz. c. 12. 23 Geo. II. c. 28.)
A curate not licensed may be removed at pleasure; but, if licensed, he can be removed only by the consent of the bishop, or where the rector or vicar does the duty himself.
By the 76th section of 1 & 2 Vict. c. 106, it is enacted as follows: “And be it enacted, that in every case where a curate is appointed to serve in any benefice upon which the incumbent either does not reside, or has not satisfied the bishop of his full purpose to reside during four months of the year, such curate shall be required by the bishop to reside within the parish or place in which such benefice is situate, or if no convenient residence can be procured within such parish or place, then within three statute miles of the church or chapel of the benefice in which he shall be licensed to serve, except in cases of necessity, to be approved of by the bishop, and specified in the licence, and such place of residence shall also be specified in the licence.”
By the 81st section of the same act it is enacted as follows: “And be it enacted, that every bishop to whom any application shall be made for any licence for a curate to serve for any person not duly residing upon his benefice, shall, before he shall grant such licence, require a statement of all the particulars by this act required to be stated by any person applying for a licence for non-residence; and in every case in which application shall be made to any bishop for a licence for any stipendiary curate to serve in any benefice, whether the incumbent be resident or non-resident, such bishop shall also require a declaration in writing, to be made and subscribed by the incumbent and the curate, to the purport and effect that the one bonâ fide intends to pay, and the other bonâ fide intends to receive, the whole actual stipend mentioned in such statement, without any abatement in respect of rent or consideration for the use of the glebe house, and without any other deduction or reservation whatever.”
By the 83rd section of the same act it is enacted as follows: “And be it enacted, that it shall be lawful for the bishop of the diocese, and he is hereby required, subject to the several provisions and restrictions in this act contained, to appoint to every curate of a non-resident incumbent such stipend as is specified in this act; and every licence to be granted to a stipendiary curate, whether the incumbent of the benefice be resident or non-resident thereon, shall specify the amount of the stipend to be paid to the curate; and in case any difference shall arise between the incumbent of any benefice and his curate touching such stipend, or the payment thereof, or of the arrears thereof, the bishop, on complaint to him made, may and shall summarily hear and determine the same, without appeal; and in case of wilful neglect or refusal to pay such stipend, or the arrears thereof, he is hereby empowered to enforce payment of such stipend, or the arrears thereof, by monition, and by sequestration of the profits of such benefice.”
The following papers are to be sent to the bishop by a curate applying to be licensed:—