Custom in many churches sanctioned the right of the parishioners, 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 sexton, 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 incumbent 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.