perior courts at Westminster, by reason of their privilege; apothecaries in London and feven miles round, if free of the com pany; diffenters may appoint a deputy, if approved by the parifhioners; and perfons in holy orders, or pretended holy orders, belonging to any congregation of diffenters, are exempted; perfons who have profecuted a felon to conviction, obtain what is termed a Tyburn ticket, which exempts them or those to whom they affign it; and thofe who live out of the parish, though they occupy lands within it, can in no wife be chofen churchwardens.

The churchwardens are fo far incorporated by law, as to fue for the goods of the church, and to bring an action of trespass for them; and alfo to purchase goods for the ufe of the parish; but they are not a corporation in fuch fort as to purchase lands, or to take by grant, except in London, where they are a corporation for thofe purposes alío. And although the church wardens may have their action for the goods of the church, yet they cannot fell or give them away without the confent of the parish.

The duties of churchwardens, in taking care of the effects belonging to the church, have been fufficiently noticed in a preceding page; and as their duty, as overfeers of the poor, is in no wife diftinct from that of the officers, properly fo called, that fubject is referved till the poor are exprefsly treated on. The duty which the churchwardens have gained by a fort of incroachment from the fidefmen, however highly it may have been confidered in ancient times, is at prefent of little moment; it is that of making prefentments at vifitations of certain offences and irregularities. Thefe vifitations were, in antient times, made by the archbishops and bifhops in perfon, annually or oftener, it being ordained that they fhould go about their diocefes, at fit feafons, correcting and reforming the churches, and confecrating and fowing the word of life, in the Lord's fields. But as the prelates had power, in cafe of fickness or other public concerns, to delegate priefts or deacons to aflift them; they cantoned their great diocefcs into archdeaconries, and gave the archdeacons commiffions to vifit and inquire, and to give them an account of all at the end of their vifitations. Yet the great duty imposed on the bishop is by no means neglected; for while the perfonal attention of the archdeacon infures the performance of offices of form, such as the fwearing of churchwardens, and prevents the general injuries which the church might fuftain by the negli gence or parfimony of parishioners; the bishop, by vifiting frequently, once in three years is the ufual term, prevents every neglect in the archdeacons, fhews a due attention to the interests of his flock, and, by adminiftering the office of confirmation, keeps alive the fpirit of Chriftianity, and augments the number

of

of communicants at the holy facrament. On a vifitation, it is understood that the vifitor has a right to call by mandate on any licensed preacher, to preach a vifitation fermon: the claim has been ineffectually refifted, but in general the mandate is confidered as an honour, and obeyed with cheerfulnefs. Every parfon, vicar, curate, schoolmafter, or other perfon licensed muft, at the bishop's first vifitation, or at the next vifitation after his admiflion, exhibit to him his letters of orders, inftitution, and induction, and all other his difpenfations, licences, or faculties whatsoever, which the bishop may either allow, or, for just caufe, difallow and reject; if approved, they are figned by the register.

The archdeacons, in their vifitation, are to fee that the offices of the church are duly administered, and take an account in writing of all the ornaments and utenfils, vestments, and books. This inventory is prefented to them every year, that they may fee what has been added or loft; they are to have a diligent re gard to the fabric of the church, and especially of the chancel, and if they find any defects, to limit, under a penalty, a certain time, within which they fhall be repaired. The churchwardens, and fome other principal inhabitants, ought, on thefe occafions, at the command of the archbishop or his official, to prefent to them the public exceffes of prelates and other clerks, and they ought alfo to present any other enormous crime, for the purpofe of drawing on the offender ecclefiaftical animadverfion. These prefentments were, in former times, required to be precife and fpecific, and made on oath, and the churchwarden, omitting to make and duly fupport them, was to be refufed the holy communion; but in modern times this practice is much relaxed; the prefentment, if ever made, extending rarely beyond the defects of the church, in order to obtain the authority of the ecclefiaftical court for its reparation.

Thus, in fact, the office and duty of churchwardens are much limited; the money raised for relief of the poor does not pafs through their hands; the church rate is generally small, and ftrictly applicable to the furniture and repairs of the church; the talk of prefentment is reduced almoft to nothing, and the few remaining duties imposed by various acts of parliament, regard them rather as public perfons, than as ecclefiaftical officers. They are obliged to account, at the expiration of their office, for the monies which have come to their hands, and to this account they must fwear; but their difbursements are judged on a more liberal principle than thofe of overfeers, for if they have laid out the parish money imprudently and improvidently, yet if it be truly and honeftly laid out, they must be reimbursed: the parishioners can have no remedy, unlefs fome fraud or de

ceit be proved against them; because the parish have made them their trustees; and, where they have paffed their accounts at a vestry, the spiritual court cannot afterwards proceed against them to account upon oath.

VESTRY. A veftry is either open or felect; the open veftry is the affembly of the whole parish, in fome convenient place, for the dispatch of parochial bufinefs. Thefe meetings, having been commonly held in the room adjoining or belonging to the church, where the priest's veftments are ufually depofited, both the meeting and the room derive their name from that circumftance; veftries are, however, held in various places; in fome parishes in the body of the church; in others, in rooms built for the purpose, and at a confiderable diftance from it. On the Sunday before a veftry is to meet, public notice ought to be given, either in the church, after divine fervice is ended, or elfe at the church-door, as the parishioners come out, of the calling of the meeting, the time and place of affembling; and it would be fairest alfo, to declare the nature of the bufinefs intended to be agitated. It is alfo ufual to toll one of the church-bells, as notice to the parishioners, for half an hour before any matter is proceeded on.

In open veftries, every parishioner who has paid to the churchrates, or fcot and lot, and no other perfon, has a right to attend; the minifter, in this, as in every other parish-meeting, prefides for regulating and directing of affairs whether he be rector or vicar. Out-dwellers, occupying land in the parish, have a vote, as well as the inhabitants; and the major part prefent will bind the whole parish; the right of adjourning the veftry is not in the minifter, or any other perfon, as chairman, nor in the churchwardens, but in the whole affembly, where all are on an equal footing; and it must be decided, like all other matters there, by a majority of votes.

Most of these rules, except as to the compofition of the affembly, apply to felect veflries. Thefe have been established in various ways; fome, by an ancient cuftom, acknowleged by law to be valid, of chufing managers for the parish, who were empowered to nominate others to fill up vacancies in their body; fome, by fpecial acts of parliament, obtained at different times, and fifty were formed at once by the ftatute 10 Anne, c. 11. whereby the commiffioners, for building the new churches, were directed to appoint a convenient number of fufficient inhabitants to be veftrymen; and from time to time, upon the death, removal, or other avoidance, of any fuch veftryman, the residue to elect a fucceffor.

VESTRY-CLERK. This officer is chofen by the vestry; and he acts as its regifter or fecretary, but has no vote: his bufinefs

is, to attend at all parish-meetings, to draw up and copy all orders, and other acts of the veftry, and to give out copies when neceffary; and he has the cuftody of all the parish books and

papers.

BEADLE. The beadle is alfo chofen by the parish; and his bufinefs is to attend the vestry, and execute the orders there made, or those of the churchwardens and overfeers, as the meffenger or fervant of the parifh.

UNION OF CHURCHES. It fometimes happens, that in two adjacent parishes, the want of wealth, or decrease of population, renders it improper to maintain feparate churches, and, in that cafe, the law allows of a confolidation or union, which may be made by the ordinaries, patrons, and incumbents, or in towns corporate, with the affent of the mayor, fheriff, and commonalty, without any licence from the crown. These unions must be made fubject to fuch provifoes, as by writing under the feal of fuch ordinaries, incumbents, and patrons, fhall be declared and fet forth. But, notwithstanding fuch union, the parifhes continue diftinct as to all rates, taxes, parochial rights, charges, duties, and privileges; and churchwardens are elected and appointed for each as before. The repair of the united church refts on both parifhes; and that which is deserted may be demolished, or fall to decay. The turns of prefentation muft be arranged between the contracting parties; but neither of the patrons changes the nature or terms of his refpective advowfon. If both churches are full at the time of the union, it cannot take effect till one becomes void, when the furviving minifter officiates in the united church, and the next prefentations follow, according to the compact.

DUTIES OF THE CLERGY. The confideration of these will branch into many divifions, both as they relate to the clerical body, and to thofe to whom they render the fervices of their function.

RESIDENCE. In what degree refidence is enjoined to the dignitaries of the church, has already been mentioned; with refpect to vicars, it has alfo been obferved, that they take an oath of perpetuab refidence; for as they were first appointed in confequence of the non-refidence of the appropriators, their duty cannot be delegated; vicarius non habet vicarium. Refidence is understood to imply, bona fide, habitation, in the parfonage, or vicarage houfe, belonging to the living, or if that be decayed or destroyed, in fome other houfe in the parish, convenient for attendance on divine fervice, and performance of parochial duties. The bishops have authority, in their refpective diocefes, to inforce the refidence of the clergy; but the ftatute law extends the power. By 21 Hen. VIII. c. 13. com

Cc4

monly

monly called the ftatute of non-refidence, every spiritual person, promoted to any archdeaconry, deanery, or dignity, in any cathedral church, or other church, conventual, or collegiate, or beneficed with any parfonage, or vicarage, fhall be perfonally refident, and abiding in, at, and upon, his faid dignity, prebend, or benefice, or at any one of them, at the leaft; and in cafe he shall not keep refidence at one of them as aforefaid, but abfent himself wilfully, by the space of one month together, or by the space of two months, to be at several times in any one year, and make his refidence and abiding in any other place by fuch time, he shall forfeit for every such default, 10%. half to the king, and half to him who will fue for it, in any of the king's courts.

There are numerous exceptions from the penalty of this statute; and, first, it should be obferved, that archdeacon and dean being the highest dignity specified, the penalty cannot, by the general term ufed afterward, be conftrued to extend to the fuperior clafs of bishops and archbishops. The exemptions from its operations are, 1ft. Spiritual perfons employed in the king's fervice beyond fea: 2d. Scholars being converfant and abiding for ftudy, without fraud or covin, at any university within this realm, or without. But it being foon difcovered that this exception furnished a pretext for refiding in one of the univerfitics, in idleness and diffipation, a fubfequent ftatute provided, that its benefits should only extend to perfons under forty years of age, refident and abiding within the university, attending the lectures, keeping fophifms, problems, difputations, and other exercifes, in regular form, and not to any perfons above that age, unless they were chancellor, vice-chancellor, commiffary of the univerfity, wardens, deans, provosts, prefidents, rectors, mafters, principals, or other head rulers of colleges, halls, or other houfes or places corporate within the faid universities, doctors of the chair, readers of divinity in the common schools of divinity, or readers of any public or common lecture in divinity, law civil, phyfic, philofophy, humanity, or any of the liberal fciences, or public or common interpreter or teacher of the Hebrew tongue, Chaldee, or Greek; and to perfons above the age of forty years, reforting to any of the faid univerfities, to proceed doctors in divinity, law civil, or phyfic, for the time of their faid proceedings, and executing of fuch fermons, difputations, or lectures, which they be bound, by the ftatutes of the univerfities, there to do for the faid degrees. 3d. Chaplains of the king and queen, their children, brothers, or filters, attending daily in their household; but the king's difpenfation was extended to justify the non-refidence of his chaplains, even when not attending his perfon. 4th. Chap