I have no intention of entering into many details in this matter, but I cannot be wrong in enforcing this principle. Church work athome and abroad, as distinct from parochial organizations, should be systematically brought before all congregations however small: Church work at home, including home missions; and Church work abroad, including foreign missionary societies.
Let me give very emphatically this caution. If aggrieved parishioners come to a Churchwarden and endeavour to persuade him to join a cave of Adullam, he should be careful not to be rash or hasty in his answer. He must not take all for granted which heated partisans may allege, but remember there are always two sides to every question. We are none of us infallible in our judgment, and many matters after consultation with others assume a very different aspect to that which at first sight they seemed to present. If difficulties arise he must not threaten. It does more harm than good. Let him try what conciliation will do. Let him see whether common ground of action cannot be found. Certainly it is unwise to rush into print; it only tends to inflame the smoulderingembers of a quarrel which, but for the unfortunate publicity given to it, might soon have come to a happy termination.
Churchwardensmustwork 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 serve. They have not been brought by chance into connection with the Incumbent of their parish, for chance is not a word to be found in the Christian’s dictionary.
With regard to all these cases, if difficulties arise in connection with any of them it is seldom, if ever, wise to stand out for strict law. If the matter cannot be settled amicably the interposition of the Rural Dean or Archdeacon, or, as a final resort, the Bishop, will often smooth a wrinkled brow and restore to a parish the inestimable blessing of peace.
It is because I feel the great importance and usefulness of the office of a Churchwarden, that I have ventured, in accordance with the wish so kindly expressed by those to whom the foregoing words were in substanceaddressed, to publish them in this more permanent form; and I have only to express the hope that they may be found useful in pointing out to Churchwardens that their office, far from being a sinecure, may, if faithfully used, tend very directly to the furtherance of our common Master’s cause, and that work done by them in a spirit of faith and love will not lose its reward in the great Hereafter.
GEORGE HENRY GUILDFORD.
The Close,Winchester,August,1897.
This case raised the question whether, in new parishes under the Church Building Acts, it is necessary that Churchwardens shall be residents in the parish or whether it is enough that they are rated occupiers. The question had arisen under these circumstances. There was a new Church built and consecrated in Beckenham, Kent, in 1875, and by an Order in Council in 1878 a district was constituted and annexed to it under the Church Building Act, 59 Geo. III, cap. 134, sec. 16, constituting a “district chapelry.” In 1885, on the death of the Incumbent, all the fees of the district became due and payable to the Minister of the new Church, and then, by the operation of Lord Blandford’s Act (19 and 20 Vict., cap. 104), the district became a separate parish for ecclesiastical purposes; and the question waswhat effect this had as to the election of Churchwardens. Under 8 and 9 Vict., cap. 70, sec. 6, it was provided that “two fit and proper persons should be annually elected Churchwardens, they residing within the district;” and if that statute applied, it was admitted the Churchwardens must be resident. But it was disputed whether it did apply, or whether at common law Churchwardens must be resident. In Lord Blandford’s Act it is provided, in sec. 14, that wherever and as soon as banns of marriage are authorised to be published in a consecrated Church or Chapel to which a district belongs, and the Incumbent is by such authority entitled, for his own benefit, to the fees arising from the performance of such services, then such district shall become and be a separate parish for ecclesiastical purposes, as is contemplated in 6 and 7 Vict., cap. 37, sec. 15, and all the provisions of the same shall apply; and then, under that Act, sec. 15, when any Church or Chapel shall be built, etc., such district shall from and after consecration be deemed to be a new parish for ecclesiastical purposes. This, however, did not in terms, it will be seen, deal with the present question, and appeared to leave it open,and so it will be seen it was discussed in the alternative on the ground that at common law Churchwardens must be resident, and that is not altered by one Act, and is re-enacted in the other. However, in the present case it appeared that it had not been so understood, and on April 25, 1889, when, at Easter, two Churchwardens were chosen for the new district parish of Christ Church, Beckenham, one of them was a gentleman who had been chosen in previous years, and who is not a resident, though he is a rated occupier in the parish. The gentleman in question, a Mr. Matthews, was elected by a majority of three; no objection was taken at the time, but afterwards his opponent, a Mr. Hayland, desired to raise the objection, and on June 24th last obtained a rulenisifor amandamusto the vicar to hold a new election of churchwarden on the ground that the election of Mr. Matthews was invalid, as he was not a resident in the parish, he having premises there, a “store” and some stabling for which he was rated, but not living in the parish. The case now came on to be argued.
Mr. Dibden appeared for the applicant.
Mr. Jeune,q.c.(with Mr. Houghton), appeared on the part of the vicar to show cause.
Lord Coleridge said, in giving judgment, that the party elected was not entitled to hold the office. 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 law. Now, it was necessary under the old law that churchwardens should be living in the parish. This gentleman was not so; and therefore was not under the old law “a fit and proper person” to hold the office of churchwarden. The Churchwarden had to discharge various duties which required knowledge of the parish and parishioners. It was said that there were authorities to the contrary in the Ecclesiastical Courts; but speaking of them with the utmost respect, those were ecclesiastical cases, and this was a common law case—that is, 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 parish, and perhaps living at a distance, was qualified to be elected, and, if elected, bound to serve the office of churchwarden. It appeared to be clear, rating would not be enough. It was admitted that there must be some kind of occupation equivalent to actual residence, and in the present case there was nothing of the kind. No doubt theparishioners were glad to have a respectable gentleman to fill the office. No doubt the word “residence” had received under different statutes different interpretations, the sense being necessarily different. Sometimes it meant where a man could be found during the day; sometimes it meant where he slept or lived; and for some purposes perhaps this gentleman might be deemed a resident, but for this purpose it was necessary that he should live in the parish, be acquainted with the parishioners, and thus be able to exercise the duties of his office, which were to be personally exercised. The rule for amandamusto the vicar, therefore, must be made absolute.
Mr. Justice Mathew concurred.
Rule absolute for amandamus.
From theTimes, Nov. 29th, 1889.
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 Chapel, or by the Rector, Vicar, or Curate of such parish, or by an Overseer of the Poor of such parish; but that every notice so signed shall be affixed on or near to the principal door of such Church or Chapel.
Sec. 2.—For the more orderly conduct of Vestries be it further enacted that in case the Rector, or Vicar, or perpetual Curate, shall not be present the persons so assembled in pursuance of such notice shall forthwith nominate and appoint, by plurality of votes to be ascertained as hereinafter is directed, one of the inhabitants of such parish to be the Chairman of and preside in every such Vestry; and in all cases of equality of votes upon any question arising therein the Chairman shall, in addition to such vote or votes as he may by virtue of this Act be entitled to give in right of his assessment, have the casting vote; and minutes of the proceedings and resolutions of every Vestry shall be fairly and distinctly entered in a book, to be provided for that purpose by the Churchwardens and Overseers of the Poor, and shall be signed by the Chairman and by such other of the inhabitants present as shall think proper to sign the same.
Sec. 3.—And be it further enacted that in all such Vestries every inhabitant present, 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 rent, profit, or value not amounting to fifty pounds, shall have and be entitled to give one vote and no more; and every inhabitant then present, who shall in such last rate have been assessed or charged upon or in respect of any annual rent or rents, profit or value, amounting to fifty pounds or upwards, whether in one or in more than one sum or charge, shall have and be entitled to give one vote for every twenty-five pounds of annual rent, profit, and value upon or in respect of which he shall have been assessed or charged in such last rate, so, nevertheless, that no inhabitant shall be entitled to give more than six votes; and in cases when two or more of the inhabitants present shall be jointly rated, each of them shall be entitled to vote according to the proportion and amount which shall be borne by him of the joint charge; and when one only of the persons jointly rated shall attend, he shall be entitled to vote according to and in respect of the whole joint charge.
Sec. 4.—Provided and be it further enacted that when any person shall have become an inhabitant of any parish, or become liable to be rated therein, since the making of the last rate for the relief of the poor thereof, he shall be entitled to vote for and in respect of the lands, tenements, and property for which he shall have become liable to be rated, and shall consent to be rated, in like manner as if he should have been actually rated for the same.
Sec. 5.—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 him,and(see Sec. 3 of the next Act quoted) shall be entitled to vote or to be present in any Vestry of the parish for which such rate shall have been made, until he shall have paid the same.
. . . From and after the passing of this Act, any person who shall be assessed and rated for the relief of the poor in respect of any annual rent, profit, or value arising from any lands, tenements, or hereditaments, situate in any parish in which any Vestry shall be holden under the said recitedAct (58 Geo. III, c 69), although such person shall not reside in or be an inhabitant of such parish, shall and may lawfully be present at such Vestry . . . and have the same privileges as though he were an inhabitant of the said parish.
Sec. 3 of the same Act states that the word “and,” marked in italics in the above quotation from Geo. III, c. 69, was inserted by mistake.
From and after the passing of this Act no select Vestry shall be formed under the provisions of the Church Building Act, and every such select Vestry already formed under such provisions shall be and is hereby declared to be abolished, and all the powers and provisions therein enacted relative to such select Vestries shall henceforth cease and determine, provided that all matters and things done by any such select Vestry in pursuance of any powers given them by such Acts, or any of them, shall be and remain as valid as if such select Vestry had not been abolished.
It was agreed in 1870 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 shillings, payable annually by each parish and ecclesiastical district by the hands of the Churchwardens. When there is an election of a Proctor to Convocation, an additional shilling is added, making the total due six shillings. 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 district. I am happy to say that the cases are, comparatively speaking, rare in which the Churchwardens decline to pay this charge, reduced by voluntary action as it has been from the legal figure of eighteen shillings to either five shillings or in some years six shillings, the extra shilling being added when an election of a Proctor for the Archdeaconry takes place.
Canons agreed upon by the Convocation for the Province of Canterbury assembled by the king’s licence in their Synod,a.d.1603, published by His Majesty’s authority under the Great Seal of England.
89.The choice of Churchwardens and their Account.
All Churchwardens or Questmen in every parish shall be chosen by the joint consent of the Minister and parishioners, if it may be; but if they cannot agree upon such a choice, then the Minister shall choose one, and the parishioners another: and without such a joint or several choice none shall take upon them to be Churchwardens: neither shall they continue any longer than one year in that office, except perhaps they be chosen again in like manner. And all Churchwardens at the end of their year, or within a month after at the most, shall before the Minister and the parishioners give up a just account of such money as they have received, and also what particularly they have bestowed in reparations and otherwise, for theuse of the Church. And, last of all, going out of their office, they shall truly deliver up to the parishioners whatsoever money or other things of right belonging to the Church or parish, which remaineth in their hands, that it may be delivered over by them to the next Churchwardens by bill indented.
90.The choice of Sidemen,and their joint office with Churchwardens.
The Churchwarden or Questmen of every parish, and two or three or more discreet persons in every parish, to be chosen for Sidemen or Assistants by the Minister and parishioners, if they can agree (otherwise to be appointed by the Ordinary of the diocese), shall diligently see that all the parishioners duly resort to their Church upon all Sundays and Holy-days, and there continue the whole time of Divine Service; and none to walk or to stand idle or talking in the Church, or in the Churchyard, or in the Church-porch, during that time. And all such as shall be found slack or negligent in resorting to the Church (having no great or urgent cause of absence) they shall earnestly call upon them; and after due monition (if they amend not)they shall present them to the Ordinary of the place. The choice of which persons,viz., Churchwardens or Questmen, Sidemen, or Assistants, shall be yearly made in Easter-week.
85.Churches to be kept in sufficient Reparations.
The Churchwarden or Questmen shall take care and provide that the Churches be well and sufficiently repaired, and so from time to time kept and maintained, that the windows be well glazed, and that the floors be kept paved, plain and even, and all things there in such an orderly and decent sort, without dust, or anything that may be either noisome or unseemly, as best becometh the House of God, and is prescribed in an Homily to that effect. The like care they shall take that the Churchyards be well and sufficiently repaired, fenced and maintained with walls, rails, or pales, as have been in each place accustomed, at their charges unto whom by law the same appertaineth: but especially they shall see that in every meeting of the congregation peace be well kept: and that all persons excommunicated, and so denounced, be kept out of the Church.
88.Churches not to be profaned.
The Churchwardens, or Questmen, and their Assistants, shall suffer no plays, feasts, banquets, suppers, church-ales, drinkings, temporal courts, or leets, lay juries, musters, or any other profane usage, to be kept in the Church, Chapel, or Churchyard, neither the bells to be rung superstitiously upon holy days, or eves abrogated by the Book of Common Prayer, nor at any other times without good cause to be allowed by the Minister of the place, and by themselves.
52.The names of strange Preachers to be noted in a book.
That the Bishop may understand (if occasion so require) what sermons are made in every Church of his diocese and who presume to preach without licence, the Churchwardens and Sidemen shall see that the names of all Preachers, which come to their Church from any other place, be noted in a book which they shall have ready for that purpose; wherein every Preacher shall subscribe his name, the day when he preached, and the name of the Bishop of whom he had license to preach.
111.Disturbers of Divine Service to be presented.
In all visitations of Bishops and Archdeacons the Churchwardens, or Questmen, and Sidemen shall truly and personally present the names of all those which behave themselves rudely and disorderly in the Church, or which by untimely ringing of bells, by walking, talking, or other noise, shall hinder the Minister or Preacher.
118.The old Churchwardens to make their presentments before the new be sworn.
The office of all Churchwardens and Sidemen shall be reputed ever hereafter to continue until the new Churchwardens that shall succeed them be sworn, which shall be the first week after Easter or some week following, according to the direction of the Ordinary, which time so appointed shall always be one of the two times in every year, when the Minister, and Churchwardens, 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 presentments. And this duty they shall perform before the newly-chosen Churchwardens and Sidemen be sworn, and shall not be suffered to passover the said presentments to those that are newly come into office and are by intendment ignorant of such crimes, under pain of those censures which are appointed for the reformation of such dalliers and dispensers with their own consciences and oaths.
Burial Board to keep in order closed burial grounds,etc.
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 ground, the Burial Board, or Churchwardens, as the case may be, shall maintain such churchyard or burial ground of any parish in decent order, and also do the necessary repair of the walls and other fences thereof, and the costs and expensesshall be repaid by the Overseers upon the certificate of the Burial Board, or Churchwardens,as the case may be, out of the rate made for the relief of the poor of the parish or place in which such churchyard or burial ground is situate, unless there shall be some other fund legally chargeable with such costs and expenses.
The words in italics have given rise to some dispute as to their interpretation. Some Burial Boards have claimed the right to maintain closed churchyards. The question was brought into the Court of Queen’s Bench in 1879, and it was decided that a Burial Board was required to maintain a closed cemetery, and that Churchwardens were the proper persons to maintain a closed churchyard.[79]
Churchwardens after order or at any time upon requisition of ten ratepayers to convene Vestry Meeting to determine whether a burial ground shall be provided.
Upon the requisition in writing of ten or more ratepayers[80a]of any parish in the metropolis[80b]in which the place or places of burial shall appear to such ratepayers insufficient or dangerous to health (and whether any Order in Council in relation to any burial ground in such parish has or has not been made), 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 parish; and public notice of suchVestry Meeting, and the place and hour of holding the same, and the special purpose thereof, shall be given in the usual manner in which notices of the meetings of the Vestry are given, at least seven days before holding such Vestry Meeting: and if it be resolved by the Vestry that a burial ground shall be provided under this Act for the parish, a copy of such resolution extracted from the minutes of the Vestry, and signed by the Chairman, shall be sent to one of Her Majesty’s principal Secretaries of State.
The Overseers of any parish may, with the consent of the Vestry, provide proper depositories of all the documents, books, and papers belonging to such parish, for which no provision is otherwise made by law, and charge the cost thereof on the poor rate.
And be it further enacted that the . . . register books . . . shall be kept by and remain in the power and custody of the Rector, Curate, or other officiating Minister of each respective parish or chapelry as aforesaid, and shall be by him safely and securely kept in a dry, well painted iron chest, to be provided and repaired, as occasion may require, at the expense of the parish or chapelry, and which said chest, containing the said books, shall be constantly kept locked in some dry, safe, and secure place within the usual place of residence of such Rector, Vicar, Curate, or other officiating minister, if resident within the parish or chapelry, or in theparish church or chapel; and the said books shall not, nor shall any of them, be taken or removed from or out of the said chest, at any time or for any cause whatever, except for the purpose of making such entries therein as aforesaid, or for the inspection of persons desirous to make search therein, or to obtain copies from or out of the same, or to be produced as evidence in some court of law or equity, or to be inspected as to the state and condition thereof, or for some other purposes of this Act; and that immediately after making such inspection, entries, or producing the said books respectively for the purposes aforesaid, the said books shall forthwith again be safely and securely deposited in the said chest.
Conveniences.—Permits conveyance of site to any Body Political or Corporate.
—Contains no clause avoiding the conveyance if Service is discontinued for a time.
Inconveniences.—Requires the concurrence of Ordinary.
—Will be avoided (unless made for valuable consideration) if grantor dies within three months.
—Must be strictly for a Church or Chapel.
—Must be enrolled within six months.
—No provision for grant by a person under disability,e.g., tenant for life.
Conveniences.—Enables tenant for life to convey.
—Does not require consent of Ordinary.
—Deed will not be avoided by death of grantor within twelve months after execution of it.
Inconveniences.—Contains no power of conveyance to a Body Corporate except permission given to make Ecclesiastical Commissioners trustees of the site.
—Contains clauses involving the loss of the property, (a) if the land be used for any other purpose than that of a site for a place of worship; (b) if Service be discontinued in the place of worship for one year.
—May give difficulty as to consecration, if the Mission Room becomes a Church, owing to possible reversion to profane uses on the temporary discontinuance of Services.
Conveniences.—Enable tenants for life to convey.
—Permit conveyance to Bodies Corporate making Minister and Churchwardens a corporation with perpetual succession for the purposes of these Acts.
Inconveniences.—Contain clauses involving the loss of the property if used for other purposes than those of education.
—Require enrolment of deeds.
“Churchwardens will find in theChurchwardens’ Manualsome useful brief notes put together by the Bishop of Guildford relative to their duties, powers, rights and privileges.”—Guardian, April 9th.
“The Bishop of Guildford has just published a very useful little handbook for the use and guidance of Church wardens . . . The book is a most helpful one with regard to Church matters.”—Hampshire Chronicle.
“The Bishop of Guildford’sChurchwardens’ Manualmeets a real want, in that it provides in small compass . . . a handy pocket book containing the many matters legal and ecclesiastical, which concern the Churchwarden’s office . . . No one ought to assume it without being armed with such a work as this, and an Incumbent cannot do better than present his Churchwardens with this little Manual.”—Church Times.
“It is a Manual which ought to be in the possession of every holder of the important office of Churchwarden, and which other Churchmen also would do well to familiarise themselves with, as a better understanding of the subject would be greatly to the advantage of many parishes; clear, precise, handy and cheap, it is precisely the handbook that was wanted.”—Winchester Observer.
“A thoroughly useful and practical work, and just the one which ought to be in the hands both of Incumbents and Churchwardens.”—Ecclesiastical Chronicle.
[2]Smith’s Christian Antiquities, i, 391;Bingham’s Antiquities of the Christian Church, B. ii, c. 19, sec. 19.
[4]1 Will. and M., ch. 18, sec. 5; 31 Geo. III, ch. 32, sec. 7.
[5]See Appendix No. I.
[6]Prideaux’s Churchwardens’ Guide, p. 17.
[7]7 Gul. IV, and 1 Vict. cap. 45, sec 3. See Appendix No. II
[8a]7 Gul. IV and 1 Vict., cap. 45, sec. 1, 2.
[8b]Note 58 Geo. III, c. 69, sec. 2.
[8c]See Appendix No. VI.
[9a]Phillimore II, 1470.
[9b]Dewdneyv.Good referred to inAddresses delivered to the Churchwardens and Sidesmen of the Diocese of Liverpool, by Thomas E. Espin,d.d., Chancellor of the Diocese. Liverpool: Holden, Church Street. p. 29.
[10a]See Appendix No. III.
[10b]See Appendix No. IV.
[11]As far, however, as the diocese of Winchester is concerned, see Appendix No. V.
[12]Cripps’ Practical Treatise on the Law relating to the Church and Clergy, 6th Ed., pp. 178, 182.
[13]Cripps’ Practical Treatise on the Law relating to the Church and Clergy, 6th Ed., p. 174. It may be a question whether Lord Coleridge’s judgment as to the residence of Churchwardens may not affect this. See Appends No. I.
[14]Churchwardens areex officioOverseers under the Poor Relief Act, 1601 (43 Eliz., c. 2, s. 1), only in the case of an ancient ecclesiastical parish, for which overseers are appointed under that Act.—Jenkin’s Local Government Act, p. 25.
[22]See Appendix No VI.
[30a]18 and 19 Vict., cap. 128, sec xviii. See Appendix No. VII.
[30b]The Queenv.the Burial Board of Bishop Wearmouth.—Law Reports,Queen’s Bench Division, vol. v, p. 67. See Appendix VII.
[32]See Appendix No. VIII.
[34a]See Appendix No. IX.
SeeAn Address to Churchwardens, by the Bishop of Carlisle, published by the S.P.C.K., p. 13.
[35]By 59 Geo. III, c. 134, s. 11.—The Ecclesiastical Commissioners are empowered to make a table of fees for any parish with the consent of the Vestry, and with the consent of the Bishop of the Diocese.
[43]Bishop of Carlisle’sAddress to Churchwardens, S.P.C.K., p. 17.
[46a]SeeFuller v. Lane. 2Adams, 419. Prideaux’sChurchwarden’s Guide, appendix, XLVI. Phillimores’Ecclesiastical Law, II, 1801-4.
[46b]Fuller v. Lane. Prideaux’sGuide, XLV.
[48]Life of Charles Richard Sumner,D.D.,Bishop of Winchester(Murray), by the Author of this manual, p. 250.
[50]In many Dioceses now a body of trustees has been appointed for the special purpose of holding Church properties. It is hoped that ere long every Diocese in the country will have its own special body for the purpose, with a carefully considered Trust Deed. I believe that the scheme in the Arch Diocese of Canterbury is found to work very satisfactorily.
[52a]1 and 2 Vict., cap. 106, sec. 95.
[52b]Ditto, sec. 36.
[53]Addresses delivered to the Churchwardens and Sidesmen of the Diocese of Liverpool, by Thomas E. Espin, D.D., Chancellor of the Diocese; p. 29. Liverpool: Holden, Church Street.
[54]Cripps’ Practical Treatise on the Law relating to the Church and Clergy, p. 190. See also Canon 88 in Appendix vi.
[79]In the Court of Appeal, 1879, The Queenv.The Burial Board of Bishop Wearmouth.—Law Reports, Queen’s Bench Division, Vol. V, p. 67.
[80a]Sections 10 to 42 of this Act, inclusive, as well as secs. 44, 50, 51, and 52, are extended to the whole Country by 16 and 17 Vict., cap. 134, sec. 7.
[80b]The provision in this section as to the requisition of ten or more ratepayers is done away with by 18 and 19 Vict., cap. 128, sec. 3, by which it is enacted that a Vestry can be convened for the purpose without any previous requisition of the Churchwardens.