Churchwardens" Manual.
by George Henry.
The Duties of Churchwardens.
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 Churchwardens, that I have thought it might be useful to publish the following remarks, which were in substance delivered in my charge to the Clergy and Churchwardens of the Archdeaconry of Winchester in the Spring of 1889. Many requests were then made to me that I would publish my charge as a manual for Churchwardens, and it is in consequence of those requests that this publication has been put forth.
Let me first refer to the origin of the office. The name appears in connection with the ecclesiastical history of the fourth century. St.
Augustine refers to certain officers in the Church called _seniores Ecclesiastici_. These officers were not ordained persons, but yet had some concern in the care of the Church. They were entrusted with the treasure and management of the outward affairs of the Church. These persons may be looked upon as the ecclesiastical ancestors of our present race of Churchwardens. {2} In Lyndwood"s _Provinciale_ there are allusions in some of the Provincial Const.i.tutions of the fourteenth and fifteenth Centuries which seem to point to officers in connection with the Church corresponding to our present Churchwardens. It is not, however, until after the Reformation that we find their duties distinctly defined in successive Canons, as in 1571 (Cardwell"s _Synodalia_, I, 122), in 1597 (Cardwell"s _Synodalia_, I, 160), and in our own Canons of 1603.
It is not desirable on the present occasion to trace the variations in the duties of Churchwardens through successive centuries. Each age has, of course, its own special features, and may require different treatment to its predecessor, but there is no doubt whatever as to the fact that ever since the Reformation Churchwardens have been recognised as officers of the Church, with their position and duties distinctly defined both by canon and statute law. Before particularising their duties I must point out what is the law as to their election.
Who, then are qualified to be Churchwardens?
Aliens, Roman Catholics, Jews, children under ten years of age, and persons who have been convicted of felony are absolutely disqualified.
The following cannot be compelled to serve the office if they personally object to do so:
Peers, Sheriffs, Clergymen, Members of the House of Commons, Magistrates, Barristers and Solicitors, Physicians and Surgeons, Dissenting Ministers, Officers in the Navy or Army on full pay, men in the Militia or Army Reserve, Registrars of Births, Deaths, and Marriages, Officials of the Customs, Excise, or Post Office, and those already acting as Churchwardens elsewhere.
With these exceptions the law of the land is that, if a householder dwelling in the parish be legally elected to the office, he must serve as Churchwarden. In old parishes dissenters, if elected, may appoint a deputy to be approved of by the Vestry. {4} But in parishes formed under the Acts 1 and 2, Will. IV, c. 38, sec. 16; 6 and 7 Vict., c. 37, sec.
17; or 19 and 20 Vict., c. 104, which re-enacts 6 and 7 Vict., c. 37, sec. 17, with reference to this point, it is expressly en-acted that Churchwardens must be Churchmen. Churchwardens ought to be elected in new parishes twenty-one days after the consecration of the Church thereof.
Females, although there has been no legal decision authorising their appointment, are occasionally, if otherwise eligible, appointed to serve the office, but it is not likely that the Courts, if called upon, would be so ungallant as to compel a female householder, if elected, to serve against her will.
In my own Archdeaconry there are several ladies who have been elected Churchwardens, and they do their duty right well.
A Churchwarden must be resident in the parish for which he is elected to serve. The contrary has been held to be the law for some years past, but a decision of the Court of Queen"s Bench, reported in the _Times_ of Nov.
20th, 1889, decides absolutely that both in new and old parishes none but residents are qualified to serve as Churchwardens. {5}
With reference to this point, the following memorandum has been issued for use in the diocese of Rochester by Chancellor Dibden:--
It is desirable, wherever practicable, to be careful that the persons chosen "live" in the parish. It sometimes happens, however, that it is difficult to find suitable persons inside, and the parish wish to appoint an outsider. This should never be done if objection is raised even by a single parishioner, because the appointment is technically faulty, and could be set aside on _mandamus_ on the application of even one individual. If, however, the parish vestry are unanimous, and the appointment is desirable in other respects, no harm will ensue from the fact that the chosen churchwarden is technically ineligible. Unless and until his position is challenged, as by a _mandamus_, he will have the same powers and rights as any other Churchwarden. For the election of a disqualified person as Churchwarden is not absolutely ineffective, but the person so elected, when once admitted, can do all lawful acts belonging to the office until he has been displaced.
The 90th canon of 1603 (which is the date of the setting forth of the existing code of canons) directs that "the choice of . . . Churchwardens, or Questmen, Sidesmen, or a.s.sistants, shall be yearly made in Easter week." An election at any other time is valid in law. {6}
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 heresy, or open sin, in their several parishes, and report them to their Ecclesiastical Superiors.
Two derivations are given of the t.i.tle of Sidesmen. Some suppose that they are so called because they are elected as a.s.sistants to the Churchwardens to stand by their side; other suppose the word to be an abbreviation of Synodsmen, 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 people. These witnesses were called Testes Synodales, and hence some suppose the t.i.tle of Sidesmen, or Synodsmen, to have taken its origin. Of late years in populous towns Sidesmen have often been elected, and are found to be of great help in a.s.sisting the Churchwardens in the execution of their duties.
The Vestry at which the Churchwardens and Sidesmen (if any) are to be elected must be duly summoned. The notice summoning the Vestry must be signed either by the Inc.u.mbent, the Curate, one Churchwarden, or one Overseer of the poor. {7}
It is obviously advisable that the signatures of the Inc.u.mbent and of both Churchwardens should be attached to the notice of the Easter Vestry.
This notice specifying the particular business to be transacted must be affixed on a Sunday, three clear days before the holding of the meetings, at or near the princ.i.p.al door of all the Churches and Chapels in the parish. {8a} The Inc.u.mbent of the parish is by law the ex-officio Chairman of the Vestry. {8b} In his absence the ratepayers present must elect a Chairman for the occasion. The Curate does not necessarily take his place as Chairman, unless elected to do so by the Vestry. The usual custom in parishes is for the Inc.u.mbent to nominate one Churchwarden and the parishioners the other. Sometimes the parishioners elect both. The canon {8c} 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 action, and the nomination by the Inc.u.mbent of one and of the parishioners of another as only to be resorted to when they cannot arrive at a common agreement. But custom goes for a long way in this matter, and the usual course is certainly for the Inc.u.mbent to nominate one and the parishioners the other. In the absence of the Inc.u.mbent the Curate has the same right to nominate one Churchwarden as the Inc.u.mbent if present would have. {9a}
In whatever manner the election may be carried out, the two Churchwardens subsequently stand on an absolute equality. The Inc.u.mbent"s Churchwarden is not elected to look after the Inc.u.mbent"s interests only, nor the parishioners" Churchwarden to look after the parishioners" interests only. The interests of both must be equally dear to the one and to the other. Nor can they act except jointly. The Vestry even is powerless to clothe one Churchwarden with authority to act against the will of his colleague in office. {9b} Any election by the parishioners must take place in the usual manner. Ratepayers present, whether paying directly or indirectly (32 and 33 Vic., c. 41, section 19), have a right to vote, and if a poll is demanded it cannot be refused by the Chairman. The votes must be taken in accordance with the provisions of the Vestry Acts, 58 Geo. III, cap. 69, sec. 2, 3, 4, and 59 Geo. III, cap. 85. If the votes are equal the Chairman has by right a casting vote, in addition to whatever number of votes he may have as an individual ratepayer. By 58 Geo. III, cap. 69, sec. 3, it is ordered that minutes of the proceedings shall be written out before the close of the Vestry, and after having been read be signed by the Chairman and any of the members present who may like to do so. {10a}
In some new parishes there are select Vestries, but by the 14 and 15 Vict., cap. 97, sec. 23, in parishes formed under any Church Building Acts before 1851 they are abolished, and it was enacted that after that date no select Vestry should be formed. {10b}
The Churchwardens thus duly appointed must make the following declaration before the "ordinary, or other person" qualified to receive it:--
"We do solemnly and sincerely declare that we will faithfully and diligently perform the duties of the Office of Churchwardens, to the best of our skill and understanding, and that we will present such persons and things as to our knowledge are presentable by the Ecclesiastical Laws of this Realm."
This declaration ought to be made at the visitation of the Bishop, Chancellor, or Archdeacon next ensuing upon the election. Until this declaration is made the Churchwarden is not legally qualified to act, and could not enforce his authority as Churchwarden if objected to. In case of the death of the Inc.u.mbent the parish would have no legal representative to act as the custodian of the temporalities of the Church in that particular parish. The fee payable by law at visitations is eighteen shillings (30 and 31 Vict., cap. 135). {11}
If there is a dispute as to whether a Churchwarden is legally elected or not, it is sometimes supposed that it is the Archdeacon"s business at his visitation to decide the question. Of course Archdeacons are at all times ready, willing, and anxious to advise any persons who apply to them for advice to the best of their power. But it is no part of their duty, nor are they by law authorised to decide a disputed return. Their duty is simply that of returning officers to declare the election as certified to them by the Vestry. A copy of the minutes of the Vestry, in case of a dispute, should be laid before them, and the aggrieved party can, if he wishes to do so, apply for a mandamus commanding the Rector and Churchwardens to convene a Vestry to make a fresh election. It is for the court to grant or to refuse the application. I hope I may not be understood as recommending this course. I am merely stating what the law is. {12} But all these matters should, if possible, be settled out of court. Law-suits are apt to leave an unpleasant taste behind. 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 question, and waive their right of appeal to a Court of Common Law. If this were agreed to the case might be amicably settled at once without resource being had to any external litigation.
If a Churchwarden duly elected ceases in the course of the year to reside in the parish he does not _ipso facto_ vacate the office, though it is a good reason for resignation and the appointment of another in his place.
{13}
The Churchwardens being thus duly elected, and having made the legal declaration at the visitation, continue in office until their successors are elected, and have in their turn made the said declaration.
What, then, are their duties?
The Local Government Act, 1894, has in many ways affected them.
Churchwardens in rural parishes are no longer _ex-officio_ Overseers of the Poor. {14} An additional number of Overseers may be appointed to replace the Churchwardens, and reference in any Act to the Churchwardens and Overseers, shall, as respects any rural parish (except so far as those references relate to the affairs of the Church), be construed as references to the Overseers, and the legal interest in all property vested either in the Overseer of a rural parish (other than a property connected with the affairs of the Church, or held for an Ecclesiastical Charity), shall, if there is a Parish Council, vest in that Council.--V.
2, (_a_), (_b_), (_c_).
The Poor Relief Act, 1819, _i.e._, 59 Geo. III, cap. 12, enabled Churchwardens and Overseers of a parish to acquire lands, &c., and they were made a Corporation for that special purpose alone, and for the specific purposes mentioned in the Act. Such lands, as regards rural parishes having a Parish Council, now come under the management of the Parish Council.
The Churchwardens of every rural parish are now only concerned as Churchwardens with the affairs of the Church. What changes then, it will be asked, are made with regard to Vestries?
Speaking generally as to rural parishes, the powers, duties, and liabilities of the Vestry except (i) so far as relates to the affairs of the Church or to Ecclesiastical Charities, or (ii) any power, duty, or liability, transferred by this Act from the Vestry to any other authority are transferred to the Parish Council.--6, a, 1, 2.
One word with regard to the expression, Ecclesiastical Charities. These words include a charity, the endowment whereof is held for some one or more of the following purposes:--
(_a_.) Any spiritual purpose which is a legal purpose, or,
(_b_.) For the benefit of any spiritual person, or ecclesiastical person as such, or
(_c_.) For use, if a building, as a church, chapel, mission room, Sunday School, or otherwise by any particular church or denomination, or
(_d_.) For the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of Divine service therein, or,
(_e_.) Otherwise for the benefit of any particular church or denomination, or of any members thereof as such (Sec. 75, i).
Any endowment of a charity other than a building held in part only for some of the purposes aforesaid, will be dealt with by the Charity Commissioners on the application of any person interested.
The expression, Ecclesiastical Charity, includes any building which in the opinion of the Charity Commissioners has been erected or provided within forty years before the pa.s.sing of this Act, mainly by or at the cost of members of any particular church or denomination.
The expression, affairs of the church, includes the distribution of offertories or other collections made in any church (sec. 75).
It may be well to add that the expression Parochial Charity, when used in the Act, means a charity the benefits of which are, or the separate distribution of the benefits of which is, confined to the inhabitants of a single parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes. (_Ibid._)
These also come under the management of the Parish Council.