The Legal Position of the Clergy
Edition facts
P. V. Smith, Chancellor of the Diocese of Manchester, opens this handbook with a pointed distinction: the book states what the law is, not what it ought to be. Written for parish clergy of the Church of England, it avoids opinion on reform and instead maps the legal boundaries of their office. The preface warns against confusing ideal law with actual law, calling such confusion “anarchical in its tendency.” Smith’s tone is precise and cautionary, repeatedly stressing that the full tether of legal rights should not always be pulled. The work is part of the “Handbooks for the Clergy” series edited by Arthur W. Robinson.
Scope and Intended Audience
Smith explicitly limits his subject to the parochial clergy, excluding the episcopate and non-parochial clergy except where they intersect with the parish system. Ordination itself is not covered; the book assumes the reader has already acquired the status of deacon or priest. The preface notes that local enactments or customs may modify the general law, and that such details “can only be ascertained on the spot.” This narrowing of focus gives the work a practical, rather than theoretical, bent. Smith’s language is consistently careful: he speaks of “endeavour” and “succinct sketch,” acknowledging the impossibility of full detail within a limited compass.
Burial Rights and Restrictions
The excerpts on burial law show Smith’s method: he enumerates rights, then hedges them with exceptions. A parishioner has a right to burial in his own churchyard, but not at a particular hour or spot unless by faculty or prescriptive right. The incumbent may fix the time and, with churchwardens, choose the grave location. Yet no sale of grave-space in perpetuity is valid—except for a donor reserving up to one-sixth of an addition to a churchyard. Non-parishioners may be buried only by permission or faculty. Smith also lists those excluded from Christian burial: the unbaptized, the excommunicate, and suicides found felo-de-se, though the 1882 Act modifies the latter. A clergyman cannot refuse burial to a dissenter’s child or to one who died intoxicated, but refusal is no offence without convenient warning.
Fee Structures and Discretion
Smith is precise about fees: a clergyman cannot make burial conditional on payment, but may recover fees based on immemorial custom or local statute. For non-parishioners, special fees may be stipulated in advance. The incumbent’s discretion over burial within the church itself—chancel versus nave—is described as “practically in abeyance” for sanitary reasons. No burial is allowed beneath a church built under the Church Building Acts or within twenty feet of its walls. These details reveal Smith’s concern with the intersection of ecclesiastical and civil law, and his habit of citing statutes by year and section.
Authorial Voice and Evidentiary Style
Smith’s prose is unadorned but not dry; it carries a quiet authority. He uses first-person plural (“our English Church law”) and occasionally sharp phrases, such as calling the confusion of ideal and actual law “anarchical.” His citations are frequent and precise—bracketed numbers refer to legal authorities. The work is structured as a series of numbered paragraphs, each a discrete point of law. This format, combined with the preface’s disclaimer against offering opinion, gives the book the feel of a legal brief rather than a pastoral guide. Smith’s voice is that of a lawyer explaining the tether, not a theologian loosening it.
Readers should approach this book as a reference tool, not a narrative. Smith’s careful distinctions—between parishioner and non-parishioner, between faculty and custom, between actual and ideal law—reward slow reading. The work is best consulted for specific questions about clerical rights in burial, fees, church property, and discipline. Its value lies in its precision and its refusal to exceed the evidence of statutes and precedents.