,transcribed from the #ahig ,simpkin and
 ,co4 edition by ,david ,price1 email   
ccx#jgdpglaf4org                        
,winchester3                  ,printed  
by ,warren  ,son1 #he1 ,high ,street4   
,churchwardens' ,manual3  ,,their       
,,duties1  ,,powers1 ,,rights1 ,,and    
,,privileges4                           
,,by                                    
,,george ,,henry1 ,d4,d41               
,bishop of ,guildford and ,archdeacon of
 ,winchester4                           
,third ,edition4                        
,,london3                               
,,simpkin ,,and ,,co41 ,,limited4       
,,winchester3            ,,warren ,,and 
,,son1 ,,printers ,,and ,,publishers1   
,,high ,,street4                        
,all rights reserved4          ,,preface
 ,,to ,,the ,,second ,,edition4         
,the fact that a ,second ,edition of    
this ,manual has been called for within 
a few months of its first publication1  
shows1 ,i think1 that it has met a  want
 which was previously felt by ,clergy   

and ,churchwardens4  ,the whole of  the 
,manual has been revised1 and additions 
made with special reference to  the     
,burial ,laws1 the position of ,district
 ,churches as regards the ,mother       
,church1 and the conveyance of land or  
buildings to trustees for mission  or   
other purposes1 which it is hoped will  
add to its value4                       
,g4 ,h4 ,g4    ,,the ,,close1           
,,winchester4    ,october1 #ahij4       
,,preface ,,to ,,the ,,third ,,edition4 
,additions have been made to the present
 ,edition1 especially with  reference to
 the changes which the ,local           
,government ,act1 #ahid1 has made  as to
 the duties of ,churchwardens4  ,it is  
hoped that these additions may  be found
 useful4  ,i once more express the hope 
that this ,manual may be  found         
increasingly helpful in the hands of the
 ,churchwardens in the  carrying out of 
their very responsible duties as        
officers of the ,church4                
,g4 ,h4 ,g4    ,,the ,,close1           

,,winchester1  #ahig4          ,,index4 
,acts quoted3--                         
,,page  #g ,gul4 ,,iv1 and #a ,vict41   
cap4 #de1    #ff  sec4 #c  #eh ,geo4    
,,iii1 cap4 #fi                #fg  #ei 
,geo4 ,,iii1 cap4 #he1 sec4 #a          
#fi  #ad and #ae ,vict41 cap4 #ig1 sec4 
#bc   #ga  #ah and #ai ,vict41 cap4     
#abh1 sec4     #gh  #ah  #ae and #af    
,vict41 cap4 #he1 sec4 #aj   #hj  #bd   
and #be ,vict41 cap4 #abe1 sec4 #b   #hb
  #dc ,geo4 ,,iii1 cap4 #ajh            
#hd  #cf and #cg ,vict41 cap4 #ej       
#hd  #d and #e ,vict41 cap4 #ch2 #g and 
#h     #he  ,vict41 cap4 #cg  ,aggrieved
 ,parishioners1 how to      #eh  deal   
with  ,cemetery1 how to be provided     
#cb  ,churchwarden3--  ,origin of       
,office                    #a  ,who     
qualified to act                #c  ,not
 to act except in concert with   #i  his
 colleague  ,declaration to be made     
#aj  ,legality of ,election1 how        
#ab  ascertained  ,vacancy1 how filled  
#ac  ,canonical ,duties                 

#bj  ,duty in connection with ,new      
#bc  ,incumbent  ,duty in connection    
with ,fabric1     #ba1 etc4             
,churchyard1 ,church ,goods1            
,insurance1 ,church ,seats1 ,faculty    
,pews1 ,sequestration1 ,parish          
,documents  ,churchyard1 enlargement of 
#ca  11 ,closed1 to be kept in order by 
#cj  ,churchwardens at expense of       
,parish ,council  ,corporation4         
,churchwardens not a   #id  corporation 
except under special  circumstances     
,council1 ,parish--,powers of ,vestry   
#ac1 etc4  transferred to with certain  
exceptions  ,custody of ,keys of ,church
           #ec  11 ,church ,bells       
#ed  11 ,tithe ,map                     
#ah  ,district ,churches4  ,banns not to
    #ci1 etc4  be asked or ,marriages to
 be  ,solemnised in the ,mother ,church 
,ratepayers residing in ,district       
#da  have a vote in ,vestry of the      
,mother ,church  ,music of ,church1     
management of      #ec  ,offertories1   
power over             #ed  distribution

 of  ,sidesmen1 why so called           
#g  11 ,how elected                     
#f  ,trust deeds4  ,how land and        
#di  buildings for mission and other    
purposes should be conveyed  ,vestry1   
,notice of1 how to be        #g  signed 
11 ,incumbent ,chairman of            #h
  11 ,how ,votes taken                  
#aj  11 ,select--abolished              
#aj  ,notices of ,first ,edition        
#hg            ,the ,duties of          
,churchwardens4      ,i am so constantly
 asked in the course of my inspection of
 the ,churches  in the ,archdeaconry of 
,winchester what are the duties and     
responsibilities of ,churchwardens1 that
 ,i have thought it might be useful  to 
publish the following remarks1 which    
were in substance delivered in my       
charge to the ,clergy and ,churchwardens
 of the ,archdeaconry of ,winchester  in
 the ,spring of #ahhi4  ,many requests  
were then made to me that ,i would      
publish my charge as a manual for       
,churchwardens1 and it is in consequence

  of those requests that this           
publication has been put forth4    ,let 
me first refer to the origin of the     
office4  ,the name appears in           
connection with the ecclesiastical      
history of the fourth century4  ,st4    
,augustine refers to certain officers in
 the ,church called seniores            
,ecclesiastici4  ,these officers were   
not ordained persons1 but yet had  some 
concern in the care of the ,church4     
,they were entrusted with the  treasure 
and management of the outward affairs of
 the ,church4  ,these  persons may be   
looked upon as the ecclesiastical       
ancestors of our present  race of       
,churchwardens4 #b  ,in ,lyndwood's     
,provinciale there are  allusions in    
some of the ,provincial ,constitutions  
of the fourteenth and  fifteenth        
,centuries which seem to point to       
officers in connection with  the ,church
 corresponding to our present           
,churchwardens4  ,it is not1  however1  
until after the ,reformation that we    

find their duties distinctly  defined in
 successive ,canons1 as in #aega        
7,cardwell's ,synodalia1 ,i1  #abb71 in 
#aeig 7,cardwell's ,synodalia1 ,i1      
#afj71 and in our own ,canons of  #afjc4
    ,it is not desirable on the present 
occasion to trace the variations in  the
 duties of ,churchwardens through       
successive centuries4  ,each age has1   
of course1 its own special features1 and
 may require different treatment  to its
 predecessor1 but there is no doubt     
whatever as to the fact that  ever since
 the ,reformation ,churchwardens have   
been recognised as officers  of the     
,church1 with their position and duties 
distinctly defined both by  canon and   
statute law4  ,before particularising   
their duties ,i must point  out what is 
the law as to their election4    ,who1  
then are qualified to be ,churchwardens8
    ,aliens1 ,roman ,catholics1 ,jews1  
children under ten years of age1 and    
persons who have been convicted of      
felony are absolutely disqualified4     

,the following cannot be compelled to   
serve the office if they personally     
object to do so3    ,peers1 ,sheriffs1  
,clergymen1 ,members of the ,house of   
,commons1 ,magistrates1  ,barristers and
 ,solicitors1 ,physicians and ,surgeons1
 ,dissenting ,ministers1  ,officers in  
the ,navy or ,army on full pay1 men in  
the ,militia or ,army  ,reserve1        
,registrars of ,births1 ,deaths1 and    
,marriages1 ,officials of the  ,customs1
 ,excise1 or ,post ,office1 and those   
already acting as  ,churchwardens       
elsewhere4    ,with these exceptions the
 law of the land is that1 if a          
householder  dwelling in the parish be  
legally elected to the office1 he must  
serve as  ,churchwarden4  ,in old       
parishes dissenters1 if elected1 may    
appoint a  deputy to be approved of by  
the ,vestry4 #d  ,but in parishes formed
 under  the ,acts #a and #b1 ,will4     
,,iv1 c4 #ch1 sec4 #af2 #f and #g       
,vict41 c4 #cg1 sec4  #ag2 or #ai and   
#bj ,vict41 c4 #ajd1 which re-enacts #f 

and #g ,vict41 c4 #cg1  sec4 #ag1 with  
reference to this point1 it is expressly
 en-acted that  ,churchwardens must be  
,churchmen4  ,churchwardens ought to be 
elected in  new parishes twenty-one days
 after the consecration of the ,church  
thereof4    ,females1 although there has
 been no legal decision authorising     
their  appointment1 are occasionally1 if
 otherwise eligible1 appointed to serve 
the office1 but it is not likely that   
the ,courts1 if called upon1 would  be  
so ungallant as to compel a female      
householder1 if elected1 to serve       
against her will4    ,in my own         
,archdeaconry there are several ladies  
who have been elected  ,churchwardens1  
and they do their duty right well4    ,a
 ,churchwarden must be resident in the  
parish for which he is elected to       
serve4  ,the contrary has been held to  
be the law for some years past1 but  a  
decision of the ,court of ,queen's      
,bench1 reported in the ,times of ,nov4 
#bjth1 #ahhi1 decides absolutely that   

both in new and old parishes none but   
residents are qualified to serve as     
,churchwardens4 #e    ,with reference to
 this point1 the following memorandum   
has been issued  for use in the diocese 
of ,rochester by ,chancellor ,dibden3-- 
,it is desirable1 wherever practicable1 
to be careful that the persons          
chosen live in the parish4  ,it         
sometimes happens1 however1 that it     
is difficult to find suitable persons   
inside1 and the parish wish to          
appoint an outsider4  ,this should never
 be done if objection is      raised    
even by a single parishioner1 because   
the appointment is      technically     
faulty1 and could be set aside on       
mandamus on the      application of even
 one individual4  ,if1 however1 the     
parish vestry      are unanimous1 and   
the appointment is desirable in other   
respects1 no      harm will ensue from  
the fact that the chosen churchwarden is
      technically ineligible4  ,unless  
and until his position is challenged1   

as by a mandamus1 he will have the same 
powers and rights as any      other     
,churchwarden4  ,for the election of a  
disqualified person as                  
,churchwarden is not absolutely         
ineffective1 but the person so          
elected1 when once admitted1 can do all 
lawful acts belonging to the      office
 until he has been displaced4    ,the   
#ijth canon of #afjc 7which is the date 
of the setting forth of the  existing   
code of canons7 directs that the choice 
of 4 4 4 ,churchwardens1  or ,questmen1 
,sidesmen1 or ,assistants1 shall be     
yearly made in ,easter  week4  ,an      
election at any other time is valid in  
law4 #f    ,it is supposed that the     
,churchwardens were called ,questmen or 
,searchers  from the fact that they were
 empowered and instructed to search for 
cases  of heresy1 or open sin1 in their 
several parishes1 and report them to    
their ,ecclesiastical ,superiors4       
,two derivations are given of the title 
of ,sidesmen4  ,some suppose that  they 

are so called because they are elected  
as assistants to the  ,churchwardens to 
stand by their side2 other suppose the  
word to be an  abbreviation of          
,synodsmen1 because in ancient times the
 ,bishops summoned  certain persons of  
credit from the various parishes in     
order to testify  as to the morals of   
the clergy and people4  ,these witnesses
 were called  ,testes ,synodales1 and   
hence some suppose the title of         
,sidesmen1 or  ,synodsmen1 to have taken
 its origin4  ,of late years in populous
 towns  ,sidesmen have often been       
elected1 and are found to be of great   
help in  assisting the ,churchwardens in
 the execution of their duties4    ,the 
,vestry at which the ,churchwardens and 
,sidesmen 7if any7 are to be  elected   
must be duly summoned4  ,the notice     
summoning the ,vestry must be  signed   
either by the ,incumbent1 the ,curate1  
one ,churchwarden1 or one  ,overseer of 
the poor4 #g    ,it is obviously        
advisable that the signatures of the    

,incumbent and of  both ,churchwardens  
should be attached to the notice of the 
,easter ,vestry4  ,this notice          
specifying the particular business to be
 transacted must be  affixed on a       
,sunday1 three clear days before the    
holding of the meetings1  at or near the
 principal door of all the ,churches and
 ,chapels in the  parish4 #h;a  ,the    
,incumbent of the parish is by law the  
ex-officio  ,chairman of the ,vestry4   
#h;b  ,in his absence the ratepayers    
present must  elect a ,chairman for the 
occasion4  ,the ,curate does not        
necessarily take  his place as          
,chairman1 unless elected to do so by   
the ,vestry4  ,the usual  custom in     
parishes is for the ,incumbent to       
nominate one ,churchwarden and  the     
parishioners the other4  ,sometimes the 
parishioners elect both4  ,the  canon   
#h;c indeed seems to point out the      
election of both ,churchwardens  by the 
joint consent of the ,minister and the  
parishioners as the normal  mode of     

action1 and the nomination by the       
,incumbent of one and of the            
parishioners of another as only to be   
resorted to when they cannot arrive  at 
a common agreement4  ,but custom goes   
for a long way in this matter1  and the 
usual course is certainly for the       
,incumbent to nominate one and  the     
parishioners the other4  ,in the absence
 of the ,incumbent the ,curate  has the 
same right to nominate one ,churchwarden
 as the ,incumbent if  present would    
have4 #i;a    ,in whatever manner the   
election may be carried out1 the two    
,churchwardens  subsequently stand on an
 absolute equality4  ,the ,incumbent's  
,churchwarden  is not elected to look   
after the ,incumbent's interests only1  
nor the  parishioners' ,churchwarden to 
look after the parishioners' interests  
only4  ,the interests of both must be   
equally dear to the one and to the      
other4  ,nor can they act except        
jointly4  ,the ,vestry even is powerless
 to  clothe one ,churchwarden with      

authority to act against the will of his
  colleague in office4 #i;b  ,any       
election by the parishioners must take  
place in the usual manner4  ,ratepayers 
present1 whether paying directly  or    
indirectly 7#cb and #cc ,vic41 c4 #da1  
section #ai71 have a right to vote1  and
 if a poll is demanded it cannot be     
refused by the ,chairman4  ,the  votes  
must be taken in accordance with the    
provisions of the ,vestry ,acts1  #eh   
,geo4 ,,iii1 cap4 #fi1 sec4 #b1 #c1 #d1 
and #ei ,geo4 ,,iii1 cap4 #he4  ,if the 
votes are equal the ,chairman has by    
right a casting vote1 in addition to    
whatever number of votes he may have as 
an individual ratepayer4  ,by #eh  ,geo4
 ,,iii1 cap4 #fi1 sec4 #c1 it is ordered
 that minutes of the proceedings  shall 
be written out before the close of the  
,vestry1 and after having  been read be 
signed by the ,chairman and any of the  
members present who  may like to do so4 
#aj;a    ,in some new parishes there are
 select ,vestries1 but by the #ad and   

#ae  ,vict41 cap4 #ig1 sec4 #bc1 in     
parishes formed under any ,church       
,building  ,acts before #ahea they are  
abolished1 and it was enacted that after
 that  date no select ,vestry should be 
formed4 #aj;b    ,the ,churchwardens    
thus duly appointed must make the       
following declaration  before the       
ordinary1 or other person qualified to  
receive it3--        ,we do solemnly and
 sincerely declare that we will         
faithfully and      diligently perform  
the duties of the ,office of            
,churchwardens1 to the      best of our 
skill and understanding1 and that we    
will present such      persons and      
things as to our knowledge are          
presentable by the      ,ecclesiastical 
,laws of this ,realm4    ,this          
declaration ought to be made at the     
visitation of the ,bishop1  ,chancellor1
 or ,archdeacon next ensuing upon the   
election4  ,until this  declaration is  
made the ,churchwarden is not legally   
qualified to act1 and  could not enforce

 his authority as ,churchwarden if      
objected to4  ,in case  of the death of 
the ,incumbent the parish would have no 
legal  representative to act as the     
custodian of the temporalities of the   
,church  in that particular parish4     
,the fee payable by law at visitations  
is  eighteen shillings 7#cj and #ca     
,vict41 cap4 #ace74 #aa    ,if there is 
a dispute as to whether a ,churchwarden 
is legally elected or  not1 it is       
sometimes supposed that it is the       
,archdeacon's business at his           
visitation to decide the question4  ,of 
course ,archdeacons are at all  times   
ready1 willing1 and anxious to advise   
any persons who apply to them  for      
advice to the best of their power4  ,but
 it is no part of their duty1  nor are  
they by law authorised to decide a      
disputed return4  ,their duty  is simply
 that of returning officers to declare  
the election as certified  to them by   
the ,vestry4  ,a copy of the minutes of 
the ,vestry1 in case of a  dispute1     

should be laid before them1 and the     
aggrieved party can1 if he  wishes to do
 so1 apply for a mandamus commanding the
 ,rector and  ,churchwardens to convene 
a ,vestry to make a fresh election4  ,it
 is for  the court to grant or to refuse
 the application4  ,i hope ,i may not be
  understood as recommending this       
course4  ,i am merely stating what the  
law  is4 #ab  ,but all these matters    
should1 if possible1 be settled out of  
court4  ,law-suits are apt to leave an  
unpleasant taste behind4  ,if such a    
case should unhappily arise it might be 
advisable for the ,archdeacon to        
suggest to the parties that they should 
agree to submit to his decision  of the 
disputed question1 and waive their right
 of appeal to a ,court of  ,common ,law4
  ,if this were agreed to the case might
 be amicably settled at  once without   
resource being had to any external      
litigation4    ,if a ,churchwarden duly 
elected ceases in the course of the year
 to reside  in the parish he does not   

ipso facto vacate the office1 though it 
is a  good reason for resignation and   
the appointment of another in his place4
  #ac    ,the ,churchwardens being thus 
duly elected1 and having made the legal 
declaration at the visitation1 continue 
in office until their successors  are   
elected1 and have in their turn made the
 said declaration4    ,what1 then1 are  
their duties8    ,the ,local ,government
 ,act1 #ahid1 has in many ways affected 
them4    ,churchwardens in rural        
parishes are no longer ex-officio       
,overseers of  the ,poor4 #ad  ,an      
additional number of ,overseers may be  
appointed to  replace the               
,churchwardens1 and reference in any    
,act to the ,churchwardens  and         
,overseers1 shall1 as respects any rural
 parish 7except so far as  those        
references relate to the affairs of the 
,church71 be construed as  references to
 the ,overseers1 and the legal interest 
in all property  vested either in the   
,overseer of a rural parish 7other than 

a property  connected with the affairs  
of the ,church1 or held for an          
,ecclesiastical  ,charity71 shall1 if   
there is a ,parish ,council1 vest in    
that ,council4--,v4  #b1 7a71 7b71 7c74 
,the ,poor ,relief ,act1 #ahai1 i4e41   
#ei ,geo4 ,,iii1 cap4 #ab1 enabled      
,churchwardens and ,overseers of a      
parish to acquire lands1 c41 and they   
were made a ,corporation for that       
special purpose alone1 and for the      
specific purposes mentioned in the ,act4
  ,such lands1 as regards rural         
parishes having a ,parish ,council1 now 
come under the management of the        
,parish ,council4    ,the ,churchwardens
 of every rural parish are now only     
concerned as  ,churchwardens with the   
affairs of the ,church4  ,what changes  
then1 it will  be asked1 are made with  
regard to ,vestries8    ,speaking       
generally as to rural parishes1 the     
powers1 duties1 and  liabilities of the 
,vestry except 7i7 so far as relates to 
the affairs of  the ,church or to       

,ecclesiastical ,charities1 or 7ii7 any 
power1 duty1 or  liability1 transferred 
by this ,act from the ,vestry to any    
other authority  are transferred to the 
,parish ,council4--#f1 a1 #a1 #b4       
,one word with regard to the expression1
 ,ecclesiastical ,charities4  ,these    
words include a charity1 the endowment  
whereof is held for some one or  more of
 the following purposes3--    7a47  ,any
 spiritual purpose which is a legal     
purpose1 or1    7b47  ,for the benefit  
of any spiritual person1 or             
ecclesiastical person  as such1 or      
7c47  ,for use1 if a building1 as a     
church1 chapel1 mission room1 ,sunday   
,school1 or otherwise by any particular 
church or denomination1 or    7d47  ,for
 the maintenance1 repair1 or improvement
 of any such building  as aforesaid1 or 
for the maintenance of ,divine service  
therein1 or1    7e47  ,otherwise for the
 benefit of any particular church or    
denomination1 or of any members thereof 
as such 7,sec4 #ge1 i74    ,any         

endowment of a charity other than a     
building held in part only for  some of 
the purposes aforesaid1 will be dealt   
with by the ,charity  ,commissioners on 
the application of any person           
interested4    ,the expression1         
,ecclesiastical ,charity1 includes any  
building which in  the opinion of the   
,charity ,commissioners has been erected
 or provided  within forty years before 
the passing of this ,act1 mainly by or  
at the  cost of members of any          
particular church or denomination4      
,the expression1 affairs of the church1 
includes the distribution of            
offertories or other collections made in
 any church 7sec4 #ge74    ,it may be   
well to add that the expression         
,parochial ,charity1 when used in  the  
,act1 means a charity the benefits of   
which are1 or the separate  distribution
 of the benefits of which is1 confined  
to the inhabitants of  a single parish1 
or of a single ancient ecclesiastical   
parish divided  into two or more        

parishes1 or of not more than five      
neighbouring  parishes4  7,ibid47       
,these also come under the management of
 the ,parish ,council4    ,the provision
 of parish books and of a vestry room or
 parochial office1  parish chest1 and   
the holding or management of parish     
property not being  property relating to
 affairs of the ,church or held for an  
,ecclesiastical  charity1 are also in   
rural parishes transferred to the       
,parish ,council4    ,the custody of the
 registers of baptisms1 marriages1 and  
burials1 and of  all other books and    
documents containing entries wholly or  
partly  relating to the affairs of the  
,church or to ,ecclesiastical charities1
  except documents directed by law to be
 kept with the public books1  writings1 
and papers of the parish1 remains as    
provided by law before the  passing of  
the ,local ,government ,act1 i4e41 in   
the hands of the  incumbent4    ,the    
,parish ,council have a right to        
reasonable access to all such books  and

 documents referred to above1 and the   
incumbent and ,churchwardens have  a    
similar right with respect to books1    
etc41 in the custody of the ,parish     
,council 7xvii1 #h74    ,there is one   
matter connected with the particular    
section of the ,local  ,government ,act1
 #ahid1 now under consideration1 which  
has given rise to  some discussion4  ,in
 whose custody should the ,tithe ,map   
and ,award be  placed8  ,should the     
,incumbent or the ,parish ,council have 
the charge of  them8  ,now1 ,i am no    
lawyer1 and ,i should be very sorry to  
be supposed to  give any opinion on a   
question which admits of so much        
argument on both  sides4  ,but ,i do    
very strongly deprecate any litigation  
on the matter4  ,it is a very doubtful  
point1 and he who takes the question    
into a ,court  of ,law must at any rate 
be prepared to have to back up his      
opinion with a  well-filled purse4  ,the
 final paragraph of ,section #ag1       
,sub-section #h1  almost seems as if the

 draughtsman of the act expected        
questions to arise  under it4  ,it runs 
thus3--,the ,incumbent and              
,churchwardens on the one  part1 and the
 ,parish ,council on the other1 shall   
have reasonable access  to all such     
books documents1 writings1 and papers1  
as are referred to in  this             
,sub-section1 and any differences as to 
custody or access shall be  determined  
by the ,county ,council4  ,is it not    
just a case in which1 if  there is no   
cause for complaint1 and no reasonable  
access refused1 these  documents should 
remain in their existing custody        
7usually that of the  ,incumbent71 and  
that if differences arise1 an amicable  
appeal should be  made to the ,county   
,council1 and the decision of that body 
acquiesced in  by both parties8    ,this
 is evidently the opinion of the        
,president of the ,board of             
,agriculture 7,mr4 ,chaplin71 who on    
,february #hth1 #ahig1 in the ,house of 
,commons1 replied as follows to a       

question on this subject3--        ,i am
 aware that questions have arisen with  
regard to the custody of      documents 
under ,sub-section #h of ,section #ag of
 the ,local ,government      ,act1      
#ahid4  ,the ,act contemplated that this
 would be the case1 and has             
provided that any questions as to such  
custody shall be determined by      the 
,county ,council4  ,the ,local          
,government ,board have no jurisdiction 
to determine questions as regards the   
,tithe ,map1 and it has been      their 
practice to inform ,parish ,councils to 
this effect4  ,i am      advised that   
,tithe ,maps are under the ,tithe       
,commutation ,act1 #ahhf1 to      be    
kept with the public books1 writings1   
and papers of the parish1      and the  
,sub-section to which ,i have referred  
requires therefore that      they shall 
either remain in their existing custody 
or be deposited in      such custody as 
the ,parish ,council may direct4    ,it 
may be well to mention here that when   

there is in a rural parish an  existing 
,vestry ,clerk appointed under the      
,trustees ,act1 #ahej1 he shall  become 
the ,clerk of the ,parish ,council1     
holding office by the same tenure  as   
before1 and while performing the duties 
shall not receive less salary  or       
remuneration than before 7sec4 #ha1 #b1 
#d74    ,in our canons1 which date from 
#afjc1 no fewer than eighteen refer to  
the  duties of ,churchwardens4  ,one    
canon enjoins them to present to the    
ordinary those guilty of notorious      
crimes and scandals1 hinderers of the   
,word of ,god1 disturbers of ,divine    
,service1 and non-communicants at       
,easter4  ,other ,canons refer to their 
duties in not allowing loiterers  near  
the ,church in time of ,divine ,service1
 in providing bread and wine  for the   
,holy ,communion1 and marking those who 
present themselves at the  ,lord's      
,table4  ,others enjoin them to take    
care that no stranger be  admitted to   
preach in ,church without showing his   

licence2 to provide a  sure coffer for  
the safe keeping of the registers1 and  
to see that the  proper entries are     
therein made2 to provide for the ,church
 service books1  font1 ,communion table1
 and pulpit1 and a chest for alms2 and  
further1 to  see that the ,church is    
kept in sufficient reparation1 that     
neither the  ,church or ,churchyard be  
in any way profaned2 that the bells be  
not rung  at any time without good cause
 to be allowed by the minister of the   
place  and by themselves2 to see that   
the parishioners duly resort to their   
,church upon ,sundays and holy days2    
that none stand idle in the             
,churchyard1 or make any disturbance in 
the ,church or ,churchyard during  the  
time of ,divine ,service2 and further1  
call upon and exhort such as are        
negligent in resorting to the ,church   
that they fail not to amend their  ways2
 to keep the accounts connected with    
these matters2 and1 last of  all1 going 
out of their office they shall truly    

deliver up to the  parishioners whatever
 money or other things of right         
belonging to the  parish which remaineth
 in their hands1 that they may be       
delivered over by  them to the next     
,churchwardens by bill indented4 #bb    
,in the fulfilment of these duties it   
is1 in my opinion1 difficult to         
exaggerate the influence for good which 
a ,churchwarden may exercise in  the    
parish in which his lot is cast4  ,of   
course it is possible to perform  the   
duties perfunctorily1 or to let them    
slide altogether2 but if his  heart is  
really in his work1 if he is anxious to 
do all in his power that  the           
ecclesiastical machinery in the parish  
should work smoothly1 ,i will  undertake
 to say that he will find plenty of     
scope for his energies4  ,if  lethargic 
or antagonistic he may greatly hinder   
the ,church's work2 but if  in a        
friendly spirit and with words of wisdom
 he is always ready to meet  the ,rector
 and consult as to the advisability of  

this or that particular  course of      
action1 the office becomes neither a    
surplusage nor a sinecure4  ,there is   
nothing worse in a parish than either   
clerical or lay clan-ship4  ,isolation  
is good neither for the one nor the     
other4  ,the interests of  both are the 
same1 and surely their hands should be  
joined together for  common action in   
the common ,master's cause4    ,and as  
it seems to me this side of his office  
comes into prominence in  connection    
with the induction of a new ,incumbent4 
,for the entering upon  a new cure is of
 undoubtedly great and solemn importance
 to the ,parson  himself1 but it is     
hardly less so to the parish4  ,how much
 depends1 as  regards the future peace1 
happiness1 and prosperity of the parish1
 upon  the relations existing between   
,pastor and flock4  ,no doubt the       
character1  zeal1 energy1 devotion1 and 
even the idiosyncrasies1 manner1 and    
general  bearing of the ,incumbent are  
of vital importance4  ,courtesy begets  

courtesy4  ,consideration for the       
feelings of others is met in the same   
spirit4  ,but sometimes1 ,i fear the    
,laity suppose that the peace of a      
parish depends almost entirely upon the 
,clergyman4  ,he is but a unit in  the  
parochial system4  ,if one thing is more
 absolutely necessary than  another for 
the harmonious working of ,clergy and   
,laity in a parish1 or  the welfare of  
the whole1 it is that there should be no
 suspicions the  one of the other4      
,perfect confidence and a generous trust
 should be the  rule of all dealings    
between ,incumbents and ,churchwardens4 
,it cannot but be expected that an      
,incumbent on first coming into a parish
  should find some things which he would
 prefer otherwise4  ,the special        
hobbies1 so to speak1 of his predecessor
 may not be his4  ,his energies  may not
 be put forth on exactly the same lines 
as those of the ,incumbent  whom he     
succeeds4  ,and then sometimes the      
staunch friends of the former  ministry 

may look coldly and askant upon the new 
,rector's labours and  think that his   
very efforts in fresh and hitherto      
untried fields are  reflections upon the
 past4  ,it should not be so4  ,all men 
are not cast in  the same mould4  ,one  
branch of ministerial work may be more  
congenial to  one parish priest than    
another1 and it is only natural that he 
should be  more devoted to that         
particular portion of work in which he  
seems to be  most successful4  ,but     
changes are not synonymous with         
reflections upon a  former regime4  ,a  
man should not be made an offender for a
 word4  ,a  ,churchwarden should be     
prepared in all good faith to transfer  
his  allegiance1 if called upon so to   
do1 from one ,incumbent to another4  ,it
  is no disloyalty to do so4  ,the ,king
 is dead2 long live the ,king is        
loyalty alike to the past and to the    
newly reigning ,sovereign4  ,if old     
customs are changed1 old practices      
discontinued1 the ,churchwarden should  

find out by private inquiry from his    
,rector the why and the wherefore1  and 
if the change is for the better he      
should not let love of existing         
practice be stereotyped into a desire of
 a never changing system1 which  may    
perchance easily slide into lethargy and
 somnolent repose4  ,in these  days it  
does not do merely        ,stare super  
antiquas vias4    ,some persons ,i know 
are so constituted that they suspect the
 existence of  a snake under every blade
 of grass4  ,it is not a happy          
disposition either  for the person who  
is possessed with this idiosyncrasy1 or 
in its reflex  action upon others4      
,true charity thinketh no evil4  ,it is 
far better to  be over sanguine in our  
charitable estimate of other men's      
motives1 even  if we do sometimes       
ultimately find that our estimate was   
wrong1 than to  be constantly living in 
an atmosphere of suspicion4  ,suspicion 
and  consequent mistrust often produce  
the very effects which otherwise would  

never have had any existence at all4    
,i have ventured to say these few words 
because ,i feel very strongly how  much 
the ecclesiastical peace of a parish    
depends upon the harmonious  action of  
the ,incumbent and ,churchwardens4  ,it 
is not often that the case  is          
otherwise4  ,generally speaking they    
work zealously and actively  together1  
ready as occasion may arise to adopt1 if
 necessary1 new methods  of warfare in  
the conflict against sin and evil as    
fellow-workers with  the ,clergy in the 
great work of the ,church on earth4     
,let me then state1 as briefly as ,i    
can1 some of a ,churchwarden's duties4  
,i suppose him to be duly elected1 and  
to have taken the declaration at  the   
visitation either of the ,bishop1 the   
,chancellor1 or the ,archdeacon4  ,it   
would be well that the first step should
 be to look to the fences of  the       
,churchyard and the general state of the
 fabric of the ,church--the  roof1 the  
tiles1 the tower or spire1 and the      

general fittings of the  ,church4  ,if  
any of these are found to be seriously  
out of order1 counsel  should be at once
 taken with the ,incumbent as to the    
proper course to be  adopted4  ,in these
 matters a stitch in time often saves   
nine1 and though  we have now no        
compulsory ,church-rate to fall back    
upon for ,church  expenses1 yet in an   
harmoniously worked parish there really 
ought to be  no insurmountable          
difficulty in raising the sum necessary 
for the due  repairs of the ,church and 
for the services of the ,sanctuary4     
,offertories  and subscriptions can be  
made to supplement one another1 and if  
what is  necessary in the way of repair 
is really honestly done year by year1 it
  will be much easier to raise the funds
 wanted than if by neglect and          
postponement a large outlay is suddenly 
found to be absolutely necessary  in    
order to avoid some dreadful            
catastrophe4    ,in this general        
preliminary survey the state of the     

,churchyard will  naturally come under  
his notice4  ,the ,churchyard is the    
freehold of the  ,incumbent1 which he   
holds in trust for the service which it 
is intended  to subserve4  ,sometimes an
 arrangement is made by him with the    
,churchwardens as to the keeping the    
,churchyard tidy4  ,no doubt the        
,churchwardens are bound to see that the
 proper measures for this purpose  are  
taken by themselves or the ,incumbent4  
,but although our ,churches1  speaking  
generally1 are in good repair1 yet it   
seems to me that in many  cases         
sufficient attention is not paid to the 
keeping of the ,churchyard  in proper   
order4  ,the days are gone by when      
horned cattle were allowed to  find     
sweet pasture in the resting-place of   
the dead1 but sheep still  linger in    
some country districts4  ,and there is  
often a temptation not  always          
successfully resisted--when the         
,churchyard is large--that the crop  of 
grass during the summer months should be

 allowed to grow without  interference  
by scythe or machine1 until fit to be   
cut for hay4  ,but ,i do  feel strongly 
that the temptation should be resisted4 
,nothing so  quickly awakens doubtful   
feelings in the breast of a passer-by as
 to the  zeal1 energy and devotion of   
the ,incumbent1 as a ,churchyard untidy 
and  unkempt1 paths full of weeds1      
hedges untrimmed1 grass long and        
straggling4  ,nothing1 on the other     
hand1 is so grateful to all the         
parishioners of a particular parish as  
the ,churchyard well kept and  looked   
after1 the graves neat and trimmed1 the 
whole place by its very  appearance     
asserting its right to the title of     
,god's ,acre4  ,i do not like  to see   
the ,parsonage garden filled with lovely
 flowers1 and in beautiful  order1 while
 the adjoining ,churchyard is starved4  
,let each receive the  attention which  
is its proper due4    ,with regard to   
closed ,churchyards the obligations of  
the ,churchwardens in  rural parishes   

with respect to maintaining and         
repairing closed  ,churchyards1 wherever
 the expenses of such maintenance and   
repair are  repayable out of the ,poor  
,rate under the ,burial ,act1 #ahee1    
#cj;a are  transferred to the ,parish   
,council4  ,provided that such          
obligations shall  not in the case of   
any particular parish be deemed to      
attach1 unless or  until the            
,churchwardens subsequent to the passing
 of this ,act shall give  a certificate 
as in the ,burial ,act1 #ahee1 provided1
 in order to obtain  the repayment of   
such expenses out of the ,poor ,rate    
7sec4 #f1 ,,ii1 b74    ,it has been     
decided that #cj;b if a ,churchyard is  
closed by order in  ,council it must be 
kept in order by the ,churchwardens1 and
 if it be a  ,cemetery formed by a      
,burial ,board1 then by the ,burial     
,board4  ,in the  former case the       
expenses would1 under the ,local        
,government ,act1 be repaid  to the     
,churchwardens in rural parishes by the 

,parish ,council1 on  presentation of   
the proper certificate as mentioned in  
the previous  paragraph4    ,if the     
,churchyard requires enlargement1 and an
 adjoining piece of ground  can be      
obtained1 it is well to remember that a 
special ,act has been  passed 7#cj and  
#ca ,vict41 c4 #acc7 for diminishing the
 expense connected  with the            
consecration of ground so added to an   
old ,churchyard4  ,the form  of         
conveyance is given in the ,act2 the    
powers given in the ,school ,sites'     
,act to persons being seised in fee     
simple1 fee tail1 or for life of and  in
 any manor or lands of freehold1        
copyhold or customary tenure1 and       
having the beneficial interest therein1 
to grant1 convey1 or enfranchise  by way
 of gift1 sale or exchange in fee       
simple1 or for term of years1 any       
quantity not exceeding one acre of such 
land as a site for a school are  deemed 
to apply to all persons desirous of     
granting land for the purpose  of such  

enlargement 7of an existing ,churchyard7
 in the same way as if  the said land   
had been granted as a site for a school4
    ,in cases in which it is wished to  
provide a burial ground under a burial  
board1 the first step to be taken is for
 a vestry to be summoned seven  days    
before the holding of such meeting1 to  
take the subject into  consideration1   
and if it is agreed to proceed in the   
matter1 a  requisition to that effect   
must be sent to the ,home ,secretary1   
and the  officials of the ,home ,office 
will send down full directions as to the
  mode of procedure4 #cb    ,the        
following general information on this   
subject may be found of use3--    ,the  
enlargement of a ,churchyard sometimes  
makes it necessary that graves  should  
be built over1 or the bodies therein    
contained removed to another  part of   
the ,churchyard1 and it occasionally    
happens that the parties  interested    
object to the former but are prepared to
 agree to the latter4  ,it is well1     

therefore1 to know that this removal can
 take place by  faculty granted by the  
ordinary for that purpose without       
application to  the ,home ,secretary    
7#bj and #ba ,vict41 cap4 #ha1 s4 #be74 
,when a ,churchyard  is closed and a    
cemetery has been provided under a      
burial board to be  used for interments1
 the custody of the old registers       
belongs to the  ,incumbent1 and he is   
entitled to the fees for certificates of
 burial  previous to the closing of the 
,churchyard1 but the custody of the     
registers of interments in the cemetery 
belongs to the chaplain or  officer of  
the burial board4  ,the ,act #eb ,geo4  
,,iii41 cap4 #adf1 s4 #d1  requiring    
certificates of burials in any other    
place than the ,churchyard  of the      
,parish ,church to be sent to the       
,incumbent1 has been repealed as  far as
 burials are concerned in grounds       
provided by the ,burial ,acts 7#bj  and 
#ba ,vict41 cap4 #ha1 s4 #ae74    ,then 
,i wish that it were universally        

acknowledged that the next step  should 
be for a new ,churchwarden to inspect   
the ,church goods which are  placed     
under his charge2 to see that they tally
 accurately with the list  which ought  
to be kept in the iron chest of all     
movable articles  belonging to the      
,church in that parish4 #cd;a  ,if this 
were universally  done we should not    
hear1 as we do now unfortunately hear   
from time to  time1 of ,church goods    
having disappeared during a vacancy1 or 
of  registers being missing which may be
 absolutely invaluable4  ,legally       
speaking1 the safe custody of the       
furniture of the ,church rests upon the 
,churchwardens4 #cd;b  ,this list should
 be signed by the ,incumbent and        
,churchwardens1 and kept in the parish  
chest1 and include all movable  articles
 of ,church furniture and belongings4   
,there should also be a report on the   
fabric of the ,church1 mentioning the   
character1 date1 and cost of alterations
 made1 the date of consecration2  if a  

modern ,church the ,act under which     
built4  ,any specially  characteristic  
features of the ,church should be       
mentioned4    ,the inventory of ,church 
furniture should include ,church plate1 
with  copies of inscriptions and dates1 
,church linen1 ,service books of all    
kinds1 furniture of the vestry1         
ornaments for the ,holy ,table1 special 
gifts1 brasses1 lectern1 everything in  
short that is moveable1 the bells1  with
 inscriptions1 if any1 and the rules for
 ringers1 the parish register  books1   
with dates carefully made of the first  
entry in each book4  ,if  there are any 
gaps in the registers it is well to     
mention them4  ,benefactions should be  
noted2 also the nature of the tenure of 
the parish  school1 with an intimation  
as to where the trust deed is kept4  ,a 
terrier  of glebe lands1 with any       
exchange noted1 should be made4  ,there 
should be  a table of the customary fees
 charged1 #ce and of any payments due to
  the ,ecclesiastical ,commission or to 

,queen ,anne's ,bounty1 with the amount 
of any receipts due from any public     
body4  ,it is clear that the more       
complete such a list can be made the    
more valuable will it be for future     
generations4    ,it would also be very  
useful to keep in connection with this  
inventory a  complete list of the       
various services held1 with the amount  
of the  offertories and the purposes to 
which they are devoted4    ,then with   
regard to insurance of the fabric4  ,it 
is most important that  this should be  
looked into4  ,there is no excuse for   
any ,church to remain  uninsured4  ,the 
premium for insurance is now fixed at   
such a low rate  that the expense is    
really very small1 and the              
,churchwardens should do  all in their  
power to persuade the ,vestry1 if       
persuasion is necessary1 to  sanction   
the insurance of the ,church for a      
proper sum4  ,i have sometimes  found1  
after making enquiries on the subject   
and having ascertained  either that the 

,church was not insured1 or1 if insured1
 only for a very  small sum1 that the   
churchwardens always supposed it was all
 right4  ,very seldom have any held back
 from doing their duty when it has been 
quietly pointed out to them4  ,an       
,ecclesiastical ,buildings ,fire ,office
 has  been established on a sound basis1
 the offices of which are in ,norfolk   
,street1 ,strand1 ,london4  ,it is doing
 a very large business1 and whatever    
surplus profits accrue are appropriated 
to the support of ,church work in  the  
various ,dioceses in proportion to the  
amount of insurances in each1  and to   
such special objects as are recommended 
by the ,bishop and  ,archdeacons4  ,i   
may also mention ,mutual ,fire          
,insurance ,offices1 such as  the       
,hand-in-,hand 7,new ,bridge ,street1   
,london1 ,e4,c47 and the ,county ,fire  
7,regent ,street71 which are            
old-established offices1 and which      
periodically return to insurers a       
certain amount of the premiums paid on  

their policies in cases in which no fire
 has taken place during the  preceding  
few years4  ,of this ,i am quite        
certain1 that if an uninsured  ,church  
were unfortunately burned down1 those in
 the parish interested in  the erection 
of a new ,church would have the greatest
 possible difficulty  in raising the    
necessary funds1 in the face of such a  
manifest want of  due caution and       
forethought on the part of the proper   
authorities in past  years4    ,it is1  
perhaps1 hardly necessary for me to say 
that a strictly accurate  record of     
every sixpence that is spent upon these 
and such like matters  must be kept by  
the ,churchwardens1 so that at the close
 of their year1  when they pass on the  
parish books to their successors1 they  
may be  enabled to lay before them a    
clear and detailed account of all the   
receipts and expenses of the preceding  
year1 with vouchers for all  payments1  
and to hand over the actual balance     
remaining after all  liabilities have   

been met4    ,it is often supposed that 
,church ,rates are abolished4  ,but such
 is not  the case4  ,compulsory ,church 
,rates are done away with by #ca and #cb
  ,vict41 cap4 #aji1 except in cases    
where the rates have been legally       
mortgaged1 or are subject to private    
,acts of ,parliament4  ,section #f1     
however1 of the above ,act states       
distinctly that this ,act shall not     
affect vestries1 or the making1         
assessing1 receiving1 or otherwise      
dealing with any ,church ,rate1 save in 
so far as relates to the recovery       
thereof2 and ,section #i authorises the 
appointment of trustees1 the            
,incumbent1 and two householders or     
owners or occupiers of land in the      
parish1 to be nominated1 one by the     
patron1 the other by the ,bishop of  the
 ,diocese in which the parish is        
situate4  ,these trustees form a body   
corporate1 and may1 as circumstances    
require1 pay to the ,churchwardens  any 
funds in their hands for the building1  

rebuilding1 enlargement1 and  repair of 
any ,church or ,chapel1 and any purpose 
to which1 as before  defined in the     
,act1 ,church ,rates may be applied4    
,questions are so often put to me as to 
the relation existing between  district 
parishes and the mother ,church1 that it
 may be useful if a few  points are     
mentioned with respect to which         
difficulties occasionally  arise4  ,the 
preliminaries of marriage and the       
solemnization of the rite  itself are a 
fruitful source of difficulty4  ,they   
have however1 as a  matter of fact1 been
 set at rest by a decision in the ,court
 of ,queen's  ,bench1 in the case of    
,fuller v4 ,alford1 before ,mr4 ,justice
 ,cave and ,mr4  ,justice ,day1 which   
affects all new parishes hitherto       
created1 or that may  hereafter be      
created1 under the ,peel and ,blandford 
,acts4  ,the question at  issue was as  
to the right of the inhabitants of a    
district parish to have  their banns    
published and to be married in the      

,church of the mother  parish1 and as to
 the right of the ,incumbent of the     
mother parish to  publish the banns1    
solemnise the marriage1 and receive the 
fees for the  same in the case of       
residents in the district parish4  ,the 
case is fully  reported in the ,times of
 ,march #ith1 #ahhc4  ,mr4 ,justice     
,cave1 in giving  judgment for the      
,plaintiff1 said that the ,act of #ahdc 
as well as that of  #ahef 7the words of 
the latter being clearer than those of  
the former7  made the district a new    
parish for all ecclesiastical purposes1 
and banns  of marriage might be         
published and marriages solemnized1 and 
all the laws  and customs then relating 
to them would apply to the new parish1  
the  effect of which was that the banns 
must be published in the ,church of the 
new parish4  ,though recent legislation 
had brought into prominence the  civil  
character of the marriage contract1 and 
had enabled it to be  entered into      
before a ,registrar1 still he had no    

doubt that the  solemnization of        
matrimony in a ,church was within the   
words  ecclesiastical purposes4  ,the   
inhabitants therefore of a district     
parish have no more right to have their 
banns asked or their marriage           
solemnised in the mother ,church than   
they have in any other ,church in       
,england1 so long as they reside in that
 district4    ,district parishes1 it    
will be observed1 are separate parishes 
for  ,ecclesiastical purposes4  ,these  
words affect the question as to the     
right of the ratepaying parishioners of 
a new district voting for the           
,churchwardens of the old parish4  ,this
 they have a right to do on the         
following ground3--,the ,churchwardens  
of an old parish have functions to      
perform which are rather secular than   
ecclesiastical4  ,they are in some      
cases ex-officio ,overseers1 and in many
 cases officially concerned in  the     
management of endowed charities4  ,the  
creation therefore of a  district for   

ecclesiastical purposes does not deprive
 the inhabitants of  the new district of
 the right which they had before of     
voting for  ,churchwardens in the old   
civil parish of which they continue to  
be  ratepayers4  ,the ratepayers of the 
whole of the old parish have            
consequently a right to vote in vestry  
at the election of the  ,churchwardens  
in the old parish4  ,the privilege1     
however1 is not  reciprocal1 for the    
ratepayers in the old parish have no    
similar right of  attending at the      
vestry and voting for ,churchwardens in 
the new district1  because they are     
elected for ecclesiastical purposes     
only4    ,it would be impossible to     
speak of the duties of ,churchwardens   
without  touching upon the vexed        
questions of pews4  ,i suppose that if  
we could  turn the hands of the clock   
back for some centuries1 and were then  
legislating for the future of the       
,church with our experience of the pew  
system by a prophetic anachronism       

clearly present in our minds1 we should 
hardly suggest for legislation such laws
 as would bring about the  existing     
state of things4  ,with the ,epistle of 
,st4 ,james in our thoughts  there are  
some points in our present legal system 
which most persons find  it difficult to
 justify4  ,but it is a thorny subject1 
and ,i do not want  to dogmatise4  ,it  
is1 perhaps1 just the one very point    
with respect to  which great caution is 
needed1 much charity1 much forbearance4 
,you  cannot ride rough-shod over old   
prejudices1 or if you do you are sure   
sooner or later to suffer for it4  ,no  
doubt in theory 7to use the words  of   
the ,bishop of ,carlisle7 the           
,churchwardens1 as the officers of the  
ordinary1 have1 subject to him1 the sole
 appointment and arrangement of  the    
seats4  ,they are to act to the best of 
their judgment1 and without  favour1 to 
the best advantage of all4 #dc  ,and for
 the most part1 in new  ,churches1 this 
arrangement works well4  ,either by     

agreement of the heads  of the parish   
the ,church is declared to be in the    
popular sense of the  term free and     
open1 which is perhaps on the whole the 
best of all or  else by mutual          
forbearance and general co-operation an 
arrangement is  arrived at by which the 
worshippers in ,church have from time to
 time  seats allotted to them4    ,it is
 not1 however1 in the case of new       
,churches that difficulties arise1      
except when these new ,churches take the
 place of old ones4  ,then it may  be   
that the old abuses of faculty pews and 
of supposed exclusive rights  in certain
 holdings have to be contended with4    
,cases have occurred where  supposed    
usurpers have been kept out of faculty  
pews when there is plenty  of room1 or  
of locking up the pew when the so-called
 owner is absent4  ,faculty pews are an 
anomaly1 and ,i wish there were none1   
but if the title  to them can be proved 
they are legal and must be dealt with   
accordingly4  ,i do not imagine that any

 new faculties are now issued by the    
,courts1 but  in the rebuilding of old  
,churches the dealing with existing     
faculties  requires very tender         
handling4  ,it were heartily to be      
wished that all  legal holders of       
faculty pews would consent to waive     
their rights for the  future1 for the   
sake of peace and the avoidance of      
jealousies4  ,of course  in such a case 
the ,churchwardens would feel it an     
obligation which it  would be their     
pleasure to fulfil1 to provide those who
 give up their  rights with such        
accommodation as their families may     
require4  ,but if1 as  is sometimes the 
case1 they stand exclusively upon their 
rights1  ,churchwardens have no power to
 abrogate the law1 and can only look    
forward to the future with hope1 either 
that a short ,act of ,parliament  may be
 passed enacting that at the death of   
the present owner of a  faculty pew that
 particular faculty should cease1 and   
determine1 only  excepting 7unless with 

the consent of the owner7 cases in which
 under the  ,church ,building ,acts the 
faculty was issued in consequence of    
money paid  down for the building of the
 ,church with the understanding that the
  faculty would be granted in           
consequence3 or if this be not done that
 in  the lapse of time some holder of   
the faculty may regard the matter from  
an unselfish standpoint and voluntarily 
resign his rights4    ,meanwhile it is  
well to remember with regard to existing
 faculty pews  that3--    #a4  ,the form
 of appropriation in old faculties      
varies considerably4  ,in  order to     
ascertain the wording of a particular   
faculty application should  be made to  
the ,diocesan ,registrar4    #b4  ,with 
regard to pews annexed by prescription  
to certain messuages the  right to the  
pew passes with the messuage1 the tenant
 of which for the  time being has also  
de jure for the time being the          
prescriptive right  to the pew4 #df;a   
#c4  ,no faculty can be legally granted 

entitling a non-parishioner to a  seat  
in the body of the ,church4 #df;b  ,any 
faculty so worded as to allow  this is  
void as far as that particular point is 
concerned4    #d4  ,no faculty gives    
power either to the owners and occupiers
 of the  house in respect of which the  
faculty has been issued to let such     
seats  apart from the houses1 or to     
appropriate them to other persons4      
,no ,churchwarden should ever allow a   
parishioner to repair the pew which  he 
may temporarily occupy4  ,such an act1  
if done with the sanction of the        
,churchwardens1 may in after years seem 
to give a claim to proprietorship  in   
that particular pew4  ,too great care   
cannot be taken to avoid any  future    
misunderstanding4    ,the matter is too 
often looked upon as a party question4  
,the great ,duke  of ,wellington was no 
party man1 and ,i cannot forbear from   
quoting in  connection with this subject
 an extract from a letter written to my 
father1 the ,bishop of ,winchester1 in  

#ahcf1 in response to an application  to
 him to support a ,diocesan ,church     
,building ,society1 which was then in   
course of formation4  ,the ,duke writes 
concerning providing accommodation  in  
country ,churches as follows3--         
,it has frequently occurred to me that  
when ,church room is required      the  
first thing to do is to prevail upon    
individuals to give up the      pews    
which they cannot use 4 4 4 ,if more    
space was required ,i should            
propose that all pews should be given   
up1 that the whole space of the         
,church should be laid open for the     
accommodation of all the                
parishioners indiscriminately1 separate 
chairs of a cheap description      being
 provided for their accommodation4      
,this being done1 and space      being  
still required for the accommodation of 
the parishioners in      their          
attendance upon ,divine ,service1 ,i    
would propose to consider the      mode 
of enlarging the ,church1 or if that    

could not be effected1 of      building 
another ,church or ,chapel4  ,it must   
never be forgotten that      another    
,church or ,chapel would require the    
attendance of another      ,clergyman1  
who must live and must be remunerated4  
,he can be      remunerated only by the 
sale or hire of the pews and places in  
the      new place of ,divine worship2  
and here again would commence the evil  
which has in my opinion been the most   
efficient cause of the                  
non-attendance at ,divine worship of the
 lower classes of the people      of    
this country4 #dh    ,surely these      
words1 which 7bearing in mind who was   
the writer of them7  cannot be supposed 
to have been the offspring of heated    
ecclesiastical  partisanship1 are well  
worthy of consideration1 even after the 
lapse of  more than half a century4  ,it
 does1 indeed1 seem sad that parochial  
difficulties should so often arise in   
respect of ,church sittings4  ,there  is
 no part of the parochial machinery     

which more requires the free            
application of the oil of common        
sense--,christian charity and a true    
spirit of forbearing courtesy in order  
to avoid friction4  ,blessed are  the   
peacemakers4    ,difficulties not       
unfrequently arise in connection with   
the conveyance of  buildings or of land 
to be used not only for public worship1 
but also for  meetings1 classes1 etc4   
,the subject was under the consideration
 of the  ,committee of the ,incorporated
 ,church ,building ,society in #ahhi1   
and with  the co-operation of their     
legal advisers a statement was issued   
clearly  pointing out the advantages and
 the disadvantages of the several modes 
of  procedure possible4  ,with the      
permission of the ,church ,building     
,society's  ,committee1 ,i add in       
,appendix ,x a summary of the           
conveniences and  inconveniences of the 
several ,acts4  ,the ,minister and      
,churchwardens are  not a corporation   
with perpetual succession under the     

common law1 though  often supposed so to
 be because they are specially so made  
for the  purpose of carrying out the    
,schools ,sites' ,acts4  ,the advisers  
of the  ,church ,building ,society on   
the whole recommend that a conveyance   
should  be made to individual ,trustees1
 which will be good according to the    
ordinary law of mortmain as a charitable
 conveyance1 the only real  objection to
 this being that if the conveyance be a 
gift1 without price  paid1 it will fail 
if the grantor dies within twelve       
months4  ,a form of  such conveyance has
 been settled for the parish of         
,staines4  ,this form  has been printed 
by the ,church ,building ,society1 but  
they recommend that  it should be       
amended by adding a power1 to be used if
 a consecrated  ,church is eventually   
built on the land1 to revoke the trusts 
and convey  the land and building for   
the purpose of a ,church to any person  
or body  lawfully authorised to accept  
such conveyance4  ,if the ,staines form 

is  not adopted1 it is on the whole     
recommended that action should be taken 
under #dc ,geo4 ,,iii1 cap4 #ajh4 #ej   
,i pass on to another point4  ,on a     
vacancy occurring in an incumbency      
either through the resignation or death 
of the ,incumbent1 certain duties  of   
considerable importance devolve upon the
 ,churchwardens4  ,during the  vacancy  
they are in charge of the temporalities 
of the incumbency1 and  therefore it is 
necessary that a sequestration of the   
living should be  issued1 empowering    
them to do such things as are necessary 
in connection  therewith4  ,application 
should at once be made with reference to
 this to  the ,bishop's ,registrar4  ,it
 is then their duty to see that ,church 
property1 whether in connection with the
 fabric1 endowment1 or glebe1  suffers  
no loss during the vacancy4  ,they have 
also to provide for the  services in    
,church and any occasional duty which   
may arise4  ,a  newly-appointed         
,incumbent does not become legally      

responsible for this  until he has been 
instituted1 or collated1 as the case may
 be4  ,but it  would be well always if  
the ,churchwardens1 immediately on an   
appointment  being notified to them1    
should communicate with the             
,incumbent-elect and  consult with him  
as to the best mode of providing for the
 duty4  ,it is  well that ,churchwardens
 should know that the license of a      
,curate does not  lapse in consequence  
of the death of the ,incumbent4  ,six   
weeks' notice  within six months after  
institution is legally necessary if a   
change is  to be made4 #eb;a  ,the widow
 of a deceased ,incumbent has a right to
  remain in the parsonage house for two 
calendar months subsequent to the  death
 of her husband4 #eb;b  ,all these      
points should1 if possible1 be  made a  
matter of friendly arrangement1 but the 
actual law of the case is  as ,i have   
stated it4    ,there is one question    
sometimes asked by ,churchwardens to    
which it may be  well to refer4  ,have  

they the custody of the keys of the     
,church1 the  appointment of the        
organist1 control over the ,church      
music1 and over the  ringing of the     
,church bells8    ,with regard to the   
keys of the ,church4  ,it is the        
undoubted fact that the  church is the  
freehold of the ,incumbent1 subject1 of 
course1 to the right  of the            
parishioners to be present in it at all 
legal ,services of a  religious         
character4  ,it may be often convenient 
that the ,churchwardens  should have a  
duplicate key of the ,church1 in order  
that they may be able  to fulfil their  
duties in connection with the survey of 
the fabric1 or  for other causes1 but   
this must be clearly understood to be   
subject to  the will of the ,incumbent4 
,the same with regard to the musical    
portion of the ,service or appointment  
of the organist4  ,lord ,stowell's words
 are3--        ,the ,minister has the   
right of directing the ,service1 e4g41  
when      the organ shall and shall not 

play1 and when children shall chaunt    
and shall not chaunt1 though the        
organist is paid and the children       
managed by the ,churchwardens4 #ec      
,nothing can be clearer or stronger than
 this4    ,so too with regard to the    
,church bells4  ,the ,churchwardens have
 the  custody of the bells1 and the bell
 ropes are in most cases ,church        
property placed under their charge1 but 
the law with reference to the  ringing  
of the bells is undoubted2 that for any 
occasion except that of  ,divine        
,service the permission of the          
,incumbent is absolutely necessary  for 
the ringing of the bells4  ,without that
 permission they cannot be  rung4 #ed   
,there is one further point on which a  
question sometimes arises in  connection
 with offertories and collections in    
church4  ,with reference to  offertories
 gathered at the time of the celebration
 of ,holy ,communion at  an ordinary    
,service the ,churchwardens and         
,incumbent are expressly  directed by   

the rubric to dispose of them to such   
pious and charitable  uses as they shall
 think fit1 wherein if they disagree it 
shall be  disposed of as the ,ordinary  
shall appoint4  ,the ,incumbent has the 
responsibility of arranging with        
reference to collections made not in    
connection with the celebration of the  
,holy ,communion4  ,incumbents are      
thankful when the ,churchwardens help   
them with their advice as to what       
objects shall be brought before the     
congregation4  ,in the case of all      
collections1 for whatsoever purpose they
 be made1 it is most desirable  for the 
avoiding of any possible difficulty that
 a written statement  should be put upon
 the ,church door on the ,sunday after1 
stating the  amount of the collections  
made on the previous ,sunday4  ,if the  
collection  be made for any charitable  
or missionary society the official      
receipt for  the money collected and    
sent should also be affixed to the      
church door4    ,this leads me to       

mention another point of considerable   
importance4  ,in  these days of monetary
 difficulties and agricultural          
depression the  frequency of offertories
 is often a question difficult of       
solution4  ,it  is perhaps still more   
difficult wisely to decide the objects  
for which  the offertory shall be made4 
,with regard to local objects there can 
of  course be no question4  ,we         
recognise in these days the power of the
  pence1 and no one grumbles at the     
collection of money for purely          
parochial purposes4  ,but it is when our
 people are asked for money for  objects
 outside the parish that the difficulty 
really arises4  ,but it  ought to be    
remembered that we do not lead          
individual isolated lives  apart from   
our fellows4  ,the parish is not the    
centre of the universe4  ,the tendency  
of the uneducated mind is to isolate    
itself from the  interests of others1   
and to look at all matters from a purely
 selfish  point of view4  ,the parish is

 an accidental collection of individual 
souls in a particular diocese4  ,the    
diocese is an aggregation of separate   
parishes scattered through an assigned  
area4  ,the members of the ,church  in a
 particular parish and diocese are      
members of the ,holy ,catholic  ,church1
 which by its very nomenclature         
abrogates individual isolation4  ,it    
follows1 therefore1 that parochial      
interests must not absorb attention  to 
the exclusion of larger and less        
personal objects4  ,the ,body is one1   
and the members of the ,body should work
 together for the good of the  whole4   
,corporate as well as individual life is
 a reality1 and this fact  must not be  
lost sight of in connection with our    
offertories4  ,i venture  to say that a 
parish which confines its offertories to
 local and  parochial purposes will lose
 by the very contraction of its         
sympathies4  ,the duty that lies upon us
 as trustees of ,god's gifts to utilize 
them for  ,his honour and glory1 should 

be pointed out4  ,the privilege of being
  allowed to help with our substance1   
those who stand in need of our          
assistance1 should be duly urged2 and   
the warmth which is thus kindled in  the
 heart towards others will react in     
infusing fresh life into the  support of
 parochial institutions4  ,the habit of 
giving grows by use4  ,the blood must   
not stagnate round the heart1 or the    
extremities will soon  suffer4  ,your   
fingers die because the action of the   
heart is weak4  ,the  promise is that   
,he that watereth others shall be       
watered also himself4    ,i have no     
intention of entering into many details 
in this matter1 but ,i  cannot be wrong 
in enforcing this principle4  ,church   
work at home and  abroad1 as distinct   
from parochial organizations1 should be 
systematically brought before all       
congregations however small3 ,church    
work at home1 including home missions2  
and ,church work abroad1 including      
foreign missionary societies4    ,let me

 give very emphatically this caution4   
,if aggrieved parishioners  come to a   
,churchwarden and endeavour to persuade 
him to join a cave of  ,adullam1 he     
should be careful not to be rash or     
hasty in his answer4  ,he  must not take
 all for granted which heated partisans 
may allege1 but  remember there are     
always two sides to every question4  ,we
 are none of us  infallible in our      
judgment1 and many matters after        
consultation with  others assume a very 
different aspect to that which at first 
sight they  seemed to present4  ,if     
difficulties arise he must not threaten4
  ,it does  more harm than good4  ,let  
him try what conciliation will do4  ,let
 him see  whether common ground of      
action cannot be found4  ,certainly it  
is unwise  to rush into print2 it only  
tends to inflame the smouldering embers 
of a  quarrel which1 but for the        
unfortunate publicity given to it1 might
 soon  have come to a happy termination4
    ,churchwardens must work with the   

,clergy and the ,clergy with the        
,churchwardens if they are to be a      
blessing in the parish in which they    
are elected to serve4  ,they have not   
been brought by chance into  connection 
with the ,incumbent of their parish1 for
 chance is not a word  to be found in   
the ,christian's dictionary4    ,with   
regard to all these cases1 if           
difficulties arise in connection with   
any of them it is seldom1 if ever1 wise 
to stand out for strict law4  ,if  the  
matter cannot be settled amicably the   
interposition of the ,rural ,dean  or   
,archdeacon1 or1 as a final resort1 the 
,bishop1 will often smooth a  wrinkled  
brow and restore to a parish the        
inestimable blessing of peace4    ,it is
 because ,i feel the great importance   
and usefulness of the office of  a      
,churchwarden1 that ,i have ventured1 in
 accordance with the wish so  kindly    
expressed by those to whom the foregoing
 words were in substance  addressed1 to 
publish them in this more permanent     

form2 and ,i have only  to express the  
hope that they may be found useful in   
pointing out to  ,churchwardens that    
their office1 far from being a sinecure1
 may1 if  faithfully used1 tend very    
directly to the furtherance of our      
common  ,master's cause1 and that work  
done by them in a spirit of faith and   
love  will not lose its reward in the   
great ,hereafter4                       
,,george ,,henry ,,guildford4    ,,the  
,,close1 ,,winchester1  ,august1 #ahig4 
,,appendix ,i4      ,,queen',s ,,bench  
,,division4  7,before ,,lord ,,coleridge
 and ,,mr4 ,,justice ,,mathew47  ,,the  
,,queen ,v4 ,,harding1 ,,vicar ,,of     
,,beckenham4      ,this case raised the 
question whether1 in new parishes under 
the ,church  ,building ,acts1 it is     
necessary that ,churchwardens shall be  
residents in  the parish or whether it  
is enough that they are rated occupiers4
  ,the  question had arisen under these 
circumstances4  ,there was a new ,church
  built and consecrated in ,beckenham1  

,kent1 in #ahge1 and by an ,order in    
,council in #ahgh a district was        
constituted and annexed to it under the 
,church ,building ,act1 #ei ,geo4 ,,iii1
 cap4 #acd1 sec4 #af1 constituting a    
district chapelry4  ,in #ahhe1 on the   
death of the ,incumbent1 all the  fees  
of the district became due and payable  
to the ,minister of the new  ,church1   
and then1 by the operation of ,lord     
,blandford's ,act 7#ai and #bj  ,vict41 
cap4 #ajd71 the district became a       
separate parish for  ecclesiastical     
purposes2 and the question was what     
effect this had as to  the election of  
,churchwardens4  ,under #h and #i       
,vict41 cap4 #gj1 sec4 #f1 it  was      
provided that two fit and proper persons
 should be annually elected             
,churchwardens1 they residing within the
 district2 and if that statute  applied1
 it was admitted the ,churchwardens must
 be resident4  ,but it was  disputed    
whether it did apply1 or whether at     
common law ,churchwardens  must be      

resident4  ,in ,lord ,blandford's ,act  
it is provided1 in sec4 #ad1  that      
wherever and as soon as banns of        
marriage are authorised to be  published
 in a consecrated ,church or ,chapel to 
which a district belongs1  and the      
,incumbent is by such authority         
entitled1 for his own benefit1 to  the  
fees arising from the performance of    
such services1 then such  district shall
 become and be a separate parish for    
ecclesiastical  purposes1 as is         
contemplated in #f and #g ,vict41 cap4  
#cg1 sec4 #ae1 and all  the provisions  
of the same shall apply2 and then1 under
 that ,act1 sec4  #ae1 when any ,church 
or ,chapel shall be built1 etc41 such   
district shall  from and after          
consecration be deemed to be a new      
parish for  ecclesiastical purposes4    
,this1 however1 did not in terms1 it    
will be  seen1 deal with the present    
question1 and appeared to leave it open1
 and  so it will be seen it was         
discussed in the alternative on the     

ground that  at common law              
,churchwardens must be resident1 and    
that is not altered by  one ,act1 and is
 re-enacted in the other4  ,however1 in 
the present case it  appeared that it   
had not been so understood1 and on      
,april #be1 #ahhi1 when1  at ,easter1   
two ,churchwardens were chosen for the  
new district parish of  ,christ ,church1
 ,beckenham1 one of them was a gentleman
 who had been chosen  in previous years1
 and who is not a resident1 though he is
 a rated  occupier in the parish4  ,the 
gentleman in question1 a ,mr4 ,matthews1
 was  elected by a majority of three2 no
 objection was taken at the time1 but   
afterwards his opponent1 a ,mr4         
,hayland1 desired to raise the          
objection1  and on ,june #bdth last     
obtained a rule nisi for a mandamus to  
the  vicar to hold a new election of    
churchwarden on the ground that the     
election of ,mr4 ,matthews was invalid1 
as he was not a resident in the  parish1
 he having premises there1 a store and  

some stabling for which  he was rated1  
but not living in the parish4  ,the case
 now came on to be  argued4    ,mr4     
,dibden appeared for the applicant4     
,mr4 ,jeune1 ,q4,c4 7with ,mr4          
,houghton71 appeared on the part of the 
vicar to  show cause4    ,lord          
,coleridge said1 in giving judgment1    
that the party elected was not  entitled
 to hold the office4  ,the effect of the
 statute was that the new  parish was to
 be treated for all purposes as the old 
one--that it was to  be subject to the  
same law4  ,now1 it was necessary under 
the old law that  churchwardens should  
be living in the parish4  ,this         
gentleman was not so2  and therefore was
 not under the old law a fit and proper 
person to hold  the office of           
churchwarden4  ,the ,churchwarden had to
 discharge various  duties which        
required knowledge of the parish and    
parishioners4  ,it was  said that there 
were authorities to the contrary in the 
,ecclesiastical  ,courts2 but speaking  

of them with the utmost respect1 those  
were  ecclesiastical cases1 and this was
 a common law case--that is1 a case to  
be decided by the common law--and he did
 not think that by the common law  a    
party not living in the parish1 and     
perhaps living at a distance1 was       
qualified to be elected1 and1 if        
elected1 bound to serve the office of   
churchwarden4  ,it appeared to be clear1
 rating would not be enough4  ,it  was  
admitted that there must be some kind of
 occupation equivalent to  actual       
residence1 and in the present case there
 was nothing of the kind4  ,no doubt the
 parishioners were glad to have a       
respectable gentleman to  fill the      
office4  ,no doubt the word residence   
had received under  different statutes  
different interpretations1 the sense    
being necessarily  different4           
,sometimes it meant where a man could be
 found during the day2  sometimes it    
meant where he slept or lived2 and for  
some purposes perhaps  this gentleman   

might be deemed a resident1 but for this
 purpose it was  necessary that he      
should live in the parish1 be acquainted
 with the  parishioners1 and thus be    
able to exercise the duties of his      
office1  which were to be personally    
exercised4  ,the rule for a mandamus to 
the  vicar1 therefore1 must be made     
absolute4    ,mr4 ,justice ,mathew      
concurred4    ,rule absolute for a      
mandamus4                               
,from the ,times1 ,nov4 #bith1 #ahhi4   
,,appendix ,,ii4      #g ,gul4 ,,iv1 and
 #a ,vict41 cap4 #de1 sec4 #c4      ,be 
it further enacted that no such notice  
of holding a ,vestry shall be  affixed  
on the principal door of such ,church or
 ,chapel unless the same  shall         
previously have been signed by a        
,churchwarden of the ,church or         
,chapel1 or by the ,rector1 ,vicar1 or  
,curate of such parish1 or by an        
,overseer of the ,poor of such parish2  
but that every notice so signed  shall  
be affixed on or near to the principal  

door of such ,church or  ,chapel4       
,,appendix ,,iii4      #eh ,geo4 ,,iii1 
cap4 #fi1 #crd ,june1 #ahah4  ,an ,act  
for the ,regulation of ,parish          
,vestries4      ,sec4 #b4--;,for the    
more orderly conduct of ,vestries be it 
further enacted  that in case the       
,rector1 or ,vicar1 or perpetual        
,curate1 shall not be  present the      
persons so assembled in pursuance of    
such notice shall  forthwith nominate   
and appoint1 by plurality of votes to be
 ascertained  as hereinafter is         
directed1 one of the inhabitants of such
 parish to be  the ,chairman of and     
preside in every such ,vestry2 and in   
all cases of  equality of votes upon any
 question arising therein the ,chairman 
shall1  in addition to such vote or     
votes as he may by virtue of this ,act  
be  entitled to give in right of his    
assessment1 have the casting vote2 and  
minutes of the proceedings and          
resolutions of every ,vestry shall be   
fairly and distinctly entered in a book1

 to be provided for that purpose  by the
 ,churchwardens and ,overseers of the   
,poor1 and shall be signed by  the      
,chairman and by such other of the      
inhabitants present as shall think      
proper to sign the same4    ,sec4       
#c4--;,and be it further enacted that in
 all such ,vestries every  inhabitant   
present1 who shall by the last rate     
which shall have been made  for the     
relief of the poor have been assessed   
and charged upon or in  respect of any  
annual rent1 profit1 or value not       
amounting to fifty  pounds1 shall have  
and be entitled to give one vote and no 
more2 and  every inhabitant then        
present1 who shall in such last rate    
have been  assessed or charged upon or  
in respect of any annual rent or rents1 
profit or value1 amounting to fifty     
pounds or upwards1 whether in one or  in
 more than one sum or charge1 shall have
 and be entitled to give one  vote for  
every twenty-five pounds of annual rent1
 profit1 and value upon  or in respect  

of which he shall have been assessed or 
charged in such  last rate1 so1         
nevertheless1 that no inhabitant shall  
be entitled to give  more than six      
votes2 and in cases when two or more of 
the inhabitants  present shall be       
jointly rated1 each of them shall be    
entitled to vote  according to the      
proportion and amount which shall be    
borne by him of the  joint charge2 and  
when one only of the persons jointly    
rated shall  attend1 he shall be        
entitled to vote according to and in    
respect of the  whole joint charge4     
,sec4 #d4--,provided and be it further  
enacted that when any person shall  have
 become an inhabitant of any parish1 or 
become liable to be rated  therein1     
since the making of the last rate for   
the relief of the poor  thereof1 he     
shall be entitled to vote for and in    
respect of the lands1  tenements1 and   
property for which he shall have become 
liable to be  rated1 and shall consent  
to be rated1 in like manner as if he    

should have  been actually rated for the
 same4    ,sec4 #e4--,provided also and 
it is hereby further enacted that no    
person  who shall have refused or       
neglected to pay any rate for the relief
 of the  poor which shall be due from   
him and shall have been demanded of him1
  and 7see ,sec4 #c of the next ,act    
quoted7 shall be entitled to vote or to 
be present in any ,vestry of the parish 
for which such rate shall have  been    
made1 until he shall have paid the same4
        #ei ,geo4 ,,iii1 c4 #he1 sec4   
#a4      4 4 4 ,from and after the      
passing of this ,act1 any person who    
shall be  assessed and rated for the    
relief of the poor in respect of any    
annual  rent1 profit1 or value arising  
from any lands1 tenements1 or           
hereditaments1 situate in any parish in 
which any ,vestry shall be holden  under
 the said recited ,act 7#eh ,geo4 ,,iii1
 c #fi71 although such person  shall not
 reside in or be an inhabitant of such  
parish1 shall and may  lawfully be      

present at such ,vestry 4 4 4 and have  
the same privileges as  though he were  
an inhabitant of the said parish4       
,sec4 #c of the same ,act states that   
the word and1 marked in italics in  the 
above quotation from ,geo4 ,,iii1 c4    
#fi1 was inserted by mistake4           
,,appendix ,,iv4      #ad and #ae       
,vict41 c4 #ig1 sec4 #bc4      ,from and
 after the passing of this ,act no      
select ,vestry shall be formed  under   
the provisions of the ,church ,building 
,act1 and every such select  ,vestry    
already formed under such provisions    
shall be and is hereby  declared to be  
abolished1 and all the powers and       
provisions therein  enacted relative to 
such select ,vestries shall henceforth  
cease and  determine1 provided that all 
matters and things done by any such     
select  ,vestry in pursuance of any     
powers given them by such ,acts1 or any 
of  them1 shall be and remain as valid  
as if such select ,vestry had not been  
abolished4          ,,appendix ,v4      

,it was agreed in #ahgj between some of 
the leading ,laity of the ,counties  of 
,hants and ,surrey and the then ,bishop 
of the ,diocese that the sum asked      
should only be five shillings1 payable  
annually by each parish and             
ecclesiastical district by the hands of 
the ,churchwardens4  ,when there is  an 
election of a ,proctor to ,convocation1 
an additional shilling is added1  making
 the total due six shillings4  ,it was  
also decided at the meeting  before     
referred to that this charge might be   
defrayed out of the  offertory or other 
voluntary collections for ,church       
purposes in any  parish or              
ecclesiastical district4  ,i am happy to
 say that the cases are1  comparatively 
speaking1 rare in which the             
,churchwardens decline to pay  this     
charge1 reduced by voluntary action as  
it has been from the legal  figure of   
eighteen shillings to either five       
shillings or in some years  six         
shillings1 the extra shilling being     

added when an election of a  ,proctor   
for the ,archdeaconry takes place4      
,,appendix ,,vi4      ,canons agreed    
upon by the ,convocation for the        
,province of ,canterbury  assembled by  
the king's licence in their ,synod1     
,a4,d4 #afjc1 published by  ,his        
,majesty's authority under the ,great   
,seal of ,england4    #hi4  ,the choice 
of ,churchwardens and their ,account4   
,all ,churchwardens or ,questmen in     
every parish shall be chosen by the     
joint consent of the ,minister and      
parishioners1 if it may be2 but if they 
cannot agree upon such a choice1 then   
the ,minister shall choose one1 and  the
 parishioners another3 and without such 
a joint or several choice none  shall   
take upon them to be ,churchwardens3    
neither shall they continue any  longer 
than one year in that office1 except    
perhaps they be chosen again  in like   
manner4  ,and all ,churchwardens at the 
end of their year1 or  within a month   
after at the most1 shall before the     

,minister and the  parishioners give up 
a just account of such money as they    
have received1  and also what           
particularly they have bestowed in      
reparations and  otherwise1 for the use 
of the ,church4  ,and1 last of all1     
going out of  their office1 they shall  
truly deliver up to the parishioners    
whatsoever  money or other things of    
right belonging to the ,church or       
parish1 which  remaineth in their hands1
 that it may be delivered over by them  
to the  next ,churchwardens by bill     
indented4    #ij4  ,the choice of       
,sidemen1 and their joint office with   
,churchwardens4    ,the ,churchwarden or
 ,questmen of every parish1 and two or  
three or more  discreet persons in every
 parish1 to be chosen for ,sidemen or   
,assistants  by the ,minister and       
parishioners1 if they can agree         
7otherwise to be  appointed by the      
,ordinary of the diocese71 shall        
diligently see that all  the            
parishioners duly resort to their       

,church upon all ,sundays and           
,holy-days1 and there continue the whole
 time of ,divine ,service2 and none  to 
walk or to stand idle or talking in the 
,church1 or in the ,churchyard1  or in  
the ,church-porch1 during that time4    
,and all such as shall be found  slack  
or negligent in resorting to the ,church
 7having no great or urgent  cause of   
absence7 they shall earnestly call upon 
them2 and after due  monition 7if they  
amend not7 they shall present them to   
the ,ordinary of  the place4  ,the      
choice of which persons1 viz41          
,churchwardens or  ,questmen1 ,sidemen1 
or ,assistants1 shall be yearly made in 
,easter-week4    #he4  ,churches to be  
kept in sufficient ,reparations4    ,the
 ,churchwarden or ,questmen shall take  
care and provide that the  ,churches be 
well and sufficiently repaired1 and so  
from time to time kept  and maintained1 
that the windows be well glazed1 and    
that the floors be  kept paved1 plain   
and even1 and all things there in such  

an orderly and  decent sort1 without    
dust1 or anything that may be either    
noisome or  unseemly1 as best becometh  
the ,house of ,god1 and is prescribed in
 an  ,homily to that effect4  ,the like 
care they shall take that the           
,churchyards be well and sufficiently   
repaired1 fenced and maintained with    
walls1 rails1 or pales1 as have been in 
each place accustomed1 at their  charges
 unto whom by law the same appertaineth3
 but especially they shall  see that in 
every meeting of the congregation peace 
be well kept3 and  that all persons     
excommunicated1 and so denounced1 be    
kept out of the  ,church4    #hh4       
,churches not to be profaned4    ,the   
,churchwardens1 or ,questmen1 and their 
,assistants1 shall suffer no  plays1    
feasts1 banquets1 suppers1 church-ales1 
drinkings1 temporal  courts1 or leets1  
lay juries1 musters1 or any other       
profane usage1 to be  kept in the       
,church1 ,chapel1 or ,churchyard1       
neither the bells to be rung            

superstitiously upon holy days1 or eves 
abrogated by the ,book of ,common       
,prayer1 nor at any other times without 
good cause to be allowed by the         
,minister of the place1 and by          
themselves4    #eb4  ,the names of      
strange ,preachers to be noted in a     
book4    ,that the ,bishop may          
understand 7if occasion so require7 what
 sermons are  made in every ,church of  
his diocese and who presume to preach   
without  licence1 the ,churchwardens and
 ,sidemen shall see that the names of   
all  ,preachers1 which come to their    
,church from any other place1 be noted  
in a  book which they shall have ready  
for that purpose2 wherein every         
,preacher  shall subscribe his name1 the
 day when he preached1 and the name of  
the  ,bishop of whom he had license to  
preach4    #aaa4  ,disturbers of ,divine
 ,service to be presented4    ,in all   
visitations of ,bishops and ,archdeacons
 the ,churchwardens1 or  ,questmen1 and 
,sidemen shall truly and personally     

present the names of all  those which   
behave themselves rudely and disorderly 
in the ,church1 or  which by untimely   
ringing of bells1 by walking1 talking1  
or other noise1  shall hinder the       
,minister or ,preacher4    #aah4  ,the  
old ,churchwardens to make their        
presentments before the new be  sworn4  
,the office of all ,churchwardens and   
,sidemen shall be reputed ever          
hereafter to continue until the new     
,churchwardens that shall succeed them  
be sworn1 which shall be the first week 
after ,easter or some week  following1  
according to the direction of the       
,ordinary1 which time so  appointed     
shall always be one of the two times in 
every year1 when the  ,minister1 and    
,churchwardens1 and ,sidemen of every   
parish shall exhibit to  their several  
,ordinaries the presentments of such    
enormities as have  happened in their   
parishes since their last presentments4 
,and this duty  they shall perform      
before the newly-chosen ,churchwardens  

and ,sidemen be  sworn1 and shall not be
 suffered to pass over the said         
presentments to  those that are newly   
come into office and are by intendment  
ignorant of  such crimes1 under pain of 
those censures which are appointed for  
the  reformation of such dalliers and   
dispensers with their own consciences   
and oaths4          ,,appendix ,,vii4   
#ah and #ai ,vict41 cap4 #abh1 sec4 #ah4
      ,burial ,board to keep in order   
closed burial grounds1 etc4    ,in every
 case in which any order in ,council has
 been or shall hereafter  be issued for 
the discontinuance of burials in any    
churchyard or burial  ground1 the       
,burial ,board1 or ,churchwardens1 as   
the case may be1 shall  maintain such   
churchyard or burial ground of any      
parish in decent order1  and also do the
 necessary repair of the walls and other
 fences thereof1  and the costs and     
expenses shall be repaid by the         
,overseers upon the  certificate of the 
,burial ,board1 or ,churchwardens1 as   

the case may be1  out of the rate made  
for the relief of the poor of the parish
 or place in  which such churchyard or  
burial ground is situate1 unless there  
shall be  some other fund legally       
chargeable with such costs and expenses4
    ,the words in italics have given    
rise to some dispute as to their        
interpretation4  ,some ,burial ,boards  
have claimed the right to maintain      
closed churchyards4  ,the question was  
brought into the ,court of ,queen's     
,bench in #ahgi1 and it was decided that
 a ,burial ,board was required to       
maintain a closed cemetery1 and that    
,churchwardens were the proper  persons 
to maintain a closed churchyard4 #gi    
,,appendix ,,viii4      #ae and #af     
,vict41 cap4 #he1 sec4 #aj4             
,churchwardens after order or at any    
time upon requisition of ten  ratepayers
 to convene ,vestry ,meeting to         
determine whether a burial ground  shall
 be provided4    ,upon the requisition  
in writing of ten or more ratepayers    

#hj;a of any  parish in the metropolis  
#hj;b in which the place or places of   
burial  shall appear to such ratepayers 
insufficient or dangerous to health 7and
  whether any ,order in ,council in     
relation to any burial ground in such   
parish has or has not been made71 the   
,churchwardens and other persons to     
whom it belongs to convene meetings of  
the ,vestry of such parish shall        
convene a meeting of the ,vestry for the
 special purpose of determining  whether
 a burial ground shall be provided under
 this ,act for the parish2  and public  
notice of such ,vestry ,meeting1 and the
 place and hour of  holding the same1   
and the special purpose thereof1 shall  
be given in the  usual manner in which  
notices of the meetings of the ,vestry  
are given1 at  least seven days before  
holding such ,vestry ,meeting3 and if it
 be  resolved by the ,vestry that a     
burial ground shall be provided under   
this  ,act for the parish1 a copy of    
such resolution extracted from the      

minutes  of the ,vestry1 and signed by  
the ,chairman1 shall be sent to one of  
,her  ,majesty's principal ,secretaries 
of ,state4          ,,appendix ,,ix4    
#bd and #be ,vict41 cap4 #abe1 sec4 #b4 
,the ,overseers of any parish may1 with 
the consent of the ,vestry1 provide     
proper depositories of all the          
documents1 books1 and papers belonging  
to  such parish1 for which no provision 
is otherwise made by law1 and charge    
the cost thereof on the poor rate4      
#eb ,geo4 ,,iii1 cap4 #adf1 sec4 #e4    
,and be it further enacted that the 4 4 
4 register books 4 4 4 shall be  kept by
 and remain in the power and custody of 
the ,rector1 ,curate1 or  other         
officiating ,minister of each respective
 parish or chapelry as  aforesaid1 and  
shall be by him safely and securely kept
 in a dry1 well  painted iron chest1 to 
be provided and repaired1 as occasion   
may require1  at the expense of the     
parish or chapelry1 and which said      
chest1  containing the said books1 shall

 be constantly kept locked in some dry1 
safe1 and secure place within the usual 
place of residence of such  ,rector1    
,vicar1 ,curate1 or other officiating   
minister1 if resident within  the parish
 or chapelry1 or in the parish church or
 chapel2 and the said  books shall not1 
nor shall any of them1 be taken or      
removed from or out  of the said chest1 
at any time or for any cause whatever1  
except for the  purpose of making such  
entries therein as aforesaid1 or for the
  inspection of persons desirous to make
 search therein1 or to obtain  copies   
from or out of the same1 or to be       
produced as evidence in some  court of  
law or equity1 or to be inspected as to 
the state and condition  thereof1 or for
 some other purposes of this ,act2 and  
that immediately  after making such     
inspection1 entries1 or producing the   
said books  respectively for the        
purposes aforesaid1 the said books shall
 forthwith  again be safely and securely
 deposited in the said chest4           

,,appendix ,x4      #dc ,geo4 ,,iii1    
cap4 #ajh4                              
,,conveniences4--,permits conveyance of 
site to any ,body ,political or         
,corporate4    --,contains no clause    
avoiding the conveyance if ,service is  
discontinued  for a time4               
,,inconveniences4--,requires the        
concurrence of ,ordinary4    --,will be 
avoided 7unless made for valuable       
consideration7 if grantor  dies within  
three months4    --,must be strictly for
 a ,church or ,chapel4    --,must be    
enrolled within six months4    --,no    
provision for grant by a person under   
disability1 e4g41 tenant for  life4     
,place of ,worship ,sites' ,act4  #cf   
#cg ,vict41 cap4 #ej4                   
,,conveniences4--,enables tenant for    
life to convey4    --,does not require  
consent of ,ordinary4    --,deed will   
not be avoided by death of grantor      
within twelve months after  execution of
 it4    ,,inconveniences4--,contains no 
power of conveyance to a ,body          

,corporate  except permission given to  
make ,ecclesiastical ,commissioners     
trustees of  the site4    --,contains   
clauses involving the loss of the       
property1 7a7 if the land  be used for  
any other purpose than that of a site   
for a place of worship2  7b7 if ,service
 be discontinued in the place of worship
 for one year4    --,may give difficulty
 as to consecration1 if the ,mission    
,room becomes a  ,church1 owing to      
possible reversion to profane uses on   
the temporary  discontinuance of        
,services4        ,school ,sites' ,act4 
#d  #e ,vict41 cap #ch2 #g  #h ,vict41  
cap4 #cg4      ,,conveniences4--,enable 
tenants for life to convey4    --,permit
 conveyance to ,bodies ,corporate making
 ,minister and ,churchwardens  a        
corporation with perpetual succession   
for the purposes of these ,acts4        
,,inconveniences4--,contain clauses     
involving the loss of the property if   
used for other purposes than those of   
education4    --,require enrolment of   

deeds4          ,churchwardens' ,manual 
,,notices ,,of ,,the ,,first ,,edition4 
,churchwardens will find in the         
,churchwardens' ,manual some useful     
brief  notes put together by the ,bishop
 of ,guildford relative to their duties1
  powers1 rights and                    
privileges4--,guardian1 ,april #ith4    
,the ,bishop of ,guildford has just     
published a very useful little handbook 
for the use and guidance of ,church     
wardens 4 4 4 ,the book is a most       
helpful one with regard to ,church      
matters4--,hampshire ,chronicle4    ,the
 ,bishop of ,guildford's ,churchwardens'
 ,manual meets a real want1 in  that it 
provides in small compass 4 4 4 a handy 
pocket book containing  the many matters
 legal and ecclesiastical1 which concern
 the  ,churchwarden's office 4 4 4 ,no  
one ought to assume it without being    
armed  with such a work as this1 and an 
,incumbent cannot do better than present
  his ,churchwardens with this little   
,manual4--,church ,times4    ,it is a   

,manual which ought to be in the        
possession of every holder of  the      
important office of ,churchwarden1 and  
which other ,churchmen also  would do   
well to familiarise themselves with1 as 
a better understanding  of the subject  
would be greatly to the advantage of    
many parishes2 clear1  precise1 handy   
and cheap1 it is precisely the handbook 
that was  wanted4--,winchester          
,observer4    ,a thoroughly useful and  
practical work1 and just the one which  
ought to  be in the hands both of       
,incumbents and                         
,churchwardens4--,ecclesiastical        
,chronicle4          ,footnotes3      #b
  ,smith's ,christian ,antiquities1 i1  
#cia2 ,bingham's ,antiquities of  the   
,christian ,church1 ,b4 ii1 c4 #ai1 sec4
 #ai4    #d  #a ,will4 and ,m41 ch4 #ah1
 sec4 #e2 #ca ,geo4 ,,iii1 ch4 #cb1 sec4
 #g4    #e  ,see ,appendix ,no4 ,i4     
#f  ,prideaux's ,churchwardens' ,guide1 
p4 #ag4    #g  #g ,gul4 ,,iv1 and #a    
,vict4 cap4 #de1 sec #c4  ,see ,appendix

 ,no4 ,,ii    #h;a  #g ,gul4 ,,iv and #a
 ,vict41 cap4 #de1 sec4 #a1 #b4    #h;b 
,note #eh ,geo4 ,,iii1 c4 #fi1 sec4 #b4 
#h;c  ,see ,appendix ,no4 ,,vi4    #i;a 
,phillimore ,,ii1 #adgj4    #i;b        
,dewdney v4 ,good referred to in        
,addresses delivered to the             
,churchwardens and ,sidesmen of the     
,diocese of ,liverpool1 by ,thomas ,e4  
,espin1 ,d4,d41 ,chancellor of the      
,diocese4  ,liverpool3 ,holden1 ,church 
,street4  p4 #bi4    #aj;a  ,see        
,appendix ,no4 ,,iii4    #aj;b  ,see    
,appendix ,no4 ,,iv4    #aa  ,as far1   
however1 as the diocese of ,winchester  
is concerned1 see  ,appendix ,no4 ,v4   
#ab  ,cripps' ,practical ,treatise on   
the ,law relating to the ,church and    
,clergy1 #fth ,ed41 pp4 #agh1 #ahb4     
#ac  ,cripps' ,practical ,treatise on   
the ,law relating to the ,church and    
,clergy1 #fth ,ed41 p4 #agd4  ,it may be
 a question whether ,lord ,coleridge's  
judgment as to the residence of         
,churchwardens may not affect this4     

,see  ,appends ,no4 ,i4    #ad          
,churchwardens are ex officio ,overseers
 under the ,poor ,relief ,act1  #afja   
7#dc ,eliz41 c4 #b1 s4 #a71 only in the 
case of an ancient  ecclesiastical      
parish1 for which overseers are         
appointed under that  ,act4--,jenkin's  
,local ,government ,act1 p4 #be4    #bb 
,see ,appendix ,no ,,vi4    #cj;a  #ah  
and #ai ,vict41 cap4 #abh1 sec xviii4   
,see ,appendix ,no4 ,,vii4    #cj;b     
,the ,queen v4 the ,burial ,board of    
,bishop ,wearmouth4--,law  ,reports1    
,queen's ,bench ,division1 vol4 v1 p4   
#fg4  ,see ,appendix ,,vii4    #cb  ,see
 ,appendix ,no4 ,,viii4    #cd;a  ,see  
,appendix ,no4 ,,ix4    #cd;a  ,see ,an 
,address to ,churchwardens1 by the      
,bishop of ,carlisle1  published by the 
,s4,p4,c4,k41 p4 #ac4    #ce  ,by #ei   
,geo4 ,,iii1 c4 #acd1 s4 #aa4--,the     
,ecclesiastical ,commissioners  are     
empowered to make a table of fees for   
any parish with the consent of  the     
,vestry1 and with the consent of the    

,bishop of the ,diocese4    #dc  ,bishop
 of ,carlisle's ,address to             
,churchwardens1 ,s4,p4,c4,k41 p4 #ag4   
#df;a  ,see ,fuller v4 ,lane4  #b       
,adams1 #dai4  ,prideaux's              
,churchwarden's  ,guide1 appendix1      
,,xlvi4  ,phillimores' ,ecclesiastical  
,law1 ,,ii1 #ahja-d4    #df;b  ,fuller  
v4 ,lane4  ,prideaux's ,guide1 ,,xlv4   
#dh  ,life of ,charles ,richard ,sumner1
 ,d4,d41 ,bishop of ,winchester         
7,murray71 by the ,author of this       
manual1 p4 #bej4    #ej  ,in many       
,dioceses now a body of trustees has    
been appointed for the  special purpose 
of holding ,church properties4  ,it is  
hoped that ere long  every ,diocese in  
the country will have its own special   
body for the  purpose1 with a carefully 
considered ,trust ,deed4  ,i believe    
that the  scheme in the ,arch ,diocese  
of ,canterbury is found to work very    
satisfactorily4    #eb;a  #a and #b     
,vict41 cap4 #ajf1 sec4 #ie4    #eb;b   
,ditto1 sec4 #cf4    #ec  ,addresses    

delivered to the ,churchwardens and     
,sidesmen of the  ,diocese of           
,liverpool1 by ,thomas ,e4 ,espin1      
,d4,d41 ,chancellor of the  ,diocese2 p4
 #bi4  ,liverpool3 ,holden1 ,church     
,street4    #ed  ,cripps' ,practical    
,treatise on the ,law relating to the   
,church and  ,clergy1 p4 #aij4  ,see    
also ,canon #hh in ,appendix vi4    #gi 
,in the ,court of ,appeal1 #ahgi1 ,the  
,queen v4 ,the ,burial ,board of        
,bishop ,wearmouth4--,law ,reports1     
,queen's ,bench ,division1 ,vol4 ,v1 p4 
#fg4    #hj;a  ,sections #aj to #db of  
this ,act1 inclusive1 as well as secs4  
#dd1 #ej1  #ea1 and #eb1 are extended to
 the whole ,country by #af and #ag      
,vict41 cap4  #acd1 sec4 #g4    #hj;b   
,the provision in this section as to the
 requisition of ten or more  ratepayers 
is done away with by #ah and #ai ,vict41
 cap4 #abh1 sec4 #c1 by  which it is    
enacted that a ,vestry can be convened  
for the purpose without  any previous   
requisition of the ,churchwardens4