A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent.

CHAP. I. The Antiquity of the Churchwardens Office, and how they are to be chosen.

THE Antiquity of the Office of a Church∣warden (when they first received that Title) is very uncertain; but some are of Opinion, that it was about eighty seven Years after Britain had received the Christian Faith, which most Historians do agree, was planted here in the Reign of King Lucius, in the Year of Christ CLXXX, who is hitherto stilled the first Christian King of this Isle; and that Dionysius In the Year CCLXVII did di∣vide (both in Rome and other places) to Bishops their Dioceses; and Parishes, Churches and Churchyards to Priests, Vicars and Curats; whether at that time, or how long after Churchwardens were instituted, is not certain∣ly known.

But all Authors do agree, that they are very ancient Officers, that these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation, 12 H. 7. ult. that 〈◊〉〈◊〉 to say, Churchwardens at the Common Law are persons enabled by that Name to take Moveable Goods or Chattels, and to sue, or be sued at the Law concerning such Goods for the use and profit of their Parish. And they are to take care, see to, and preserve the Goods of the Church, viz. The Church-Books Communion Cups, &c. and other decent Or∣naments and Furniture of the Church, which they do find there at their coming into their Office.

In the Book of Constitutions and canons Ec¦clesiastical, agreed upon in the Synod beg•••• at London Anno Dom. 1603. and in the first Yea•• of King James, it is appointed, that Church∣wardens, Questmen, Sidemen, or Assistants 〈◊〉〈◊〉 every Parish, shall be chosen by the joynt Con∣sent of the Minister and the Parishioners, if i•• may be; but if they cannot agree upon such a choice, then the Minister shall chuse one, and the Parishioners another; and without such a joynt or several Choice, none shall take upon them to be Churchwardens; neither shall they continue any longer than one Year in that Ofi¦fice, except they be chosen again in like man∣ner; and they are to be yearly chosen in East•••• Week; Canon 89, 90.

But notwithstanding this Canon, where there is an ancient Custom in any Parish for the choic•• of Churchwardens contrary to the Canon, in suc•• case the Custom is to be observed before th•• Canon, as shall be instanced in several cases here after mentioned.

If the Parishioners of a Parish have used time out of mind, &c. to chuse one Church∣warden, and the Parson or Vicar another, and afterwards a Canon is made, that the Vicar shall elect two, and he do so accordingly; and the Parishioners elect one, according to their Custom, and the Ordinary disallows him, and confirms the other two chosen by the Vicar, in this case a Prohibition shall be granted, The Parishioners Case of Rovenden in Kent, Rolls Cases, part 2▪ f. 287. Pas. 5 Jac. B. R.

A Prohibition was granted against a Church∣warden chosen by the Parson of St. Magnus by London Bridge by force of a Canon, upon a Sur∣mise, that the Parish had a Custom to chuse two Churchwardens, Trin. 7 Car. 1. B.R. between Shirley and Brown, Rot. 1391. Rolls 2 part, fol. 287.

Warners Case, B. R. Pas. 17 Jac. The like was granted against a Churchwarden chosen by the Parson of St. Alhallows London.

Pas. 5 Jac. Cro. 2 part Rep. The Case of the Parishioners of Walbrook London.

Pas. 15 Car 1. B.R. The like against a Church∣warden chosen by the Parson of St. Thomas in London, Cro. 3 part, Evelyns Case.

Pas. 4 Car. 1. B.R. Rot. 420. Rolls Cases, 2 part fol. 287. The like granted between Draper and Stone for Abchurch in London.

An Attorny cannot be made a Churchwar∣den; but if he be put in, and refuse, and be sued in the Spiritual Court, he may have a Pro∣hibition, Wilsons Case, Pas. 14 Car. 1. B. R. & Bakers Case, Trin. 14. Car. 1. B. R. Rolls Cases, 2 part, f. 272.