Ecclesiastical Law in UK Law

The critical point in this case is that an assistant curate is an ordained priest. The legal effect of the ordination of a person admitted to the order of priesthood is that he is called to an office, recognised by law and charged with functions designated by law in the Ordinal, as set out in the Book of Common Prayer. The Ordinal governs the form and manner for ordaining priests according to the Order of the Church of England.

The legal implications of the appointment of an assistant curate must be considered in the context of that historic and special pre-existing legal framework of a church, and an ecclesiastical hierarchy established by law, of spiritual duties defined by public law rather than by private contract, and of ecclesiastical courts with jurisdiction over the discipline of clergy.

Neither of them appointed him, removed him, controlled the performance of his functions, or had any contract with him. It was not contended that either of the vicars had a contract with Dr Coker. But that relationship, cemented by the Oath of Canonical Obedience, is governed by the law of the established church, which is part of the public law of England, and not by a negotiated, contractual arrangement.

In a situation where the shadows of history and tradition are as long as they are here, the court has to be sure that the form does not obscure the present day substance. The office of rector is governed by a regime which is a part of ecclesiastical law.

The primary considerations are the manner in which the minister was engaged, and the character of the rules or terms governing his or her service. But, as with all exercises in contractual construction, these documents and any other admissible evidence on the parties' intentions fall to be construed against their factual background. Part of that background is the fundamentally spiritual purpose of the functions of a minister of religion.

He said that special features surrounding the appointment and removal of a Church of England priest as an assistant curate, and surrounding the source and scope of his duties, preclude the creation of a contract 'unless a clear intention to the contrary is expressed': page 147. He then considered and rejected one by one the possible candidates for the role of employer in that case.

The distinction in law between an employee, who enters into a contract with an employer, and an office-holder, who has no employer but holds his position subject to rules dealing with such matters as his duties, the term of his office, the circumstances in which he may be removed and his entitlement to remuneration, is well established and understood. One of the oldest offices known to the law is that of constable.