CHURCH-WARDENS. 
agree upon fuch a choice, then the minifter (hall choofe 
one, and the parilhioners another; and without fuch a 
joint or foveral choice, none dial 1 take upon them to be 
church-wardens. Gibf. Cod. 241, 2, If the parfon or. vicar, 
who has, by cuftom, a right to choofe one church-warden, 
be under fentence of deprivation, the right of choofing 
both refults to the parilhioners. Garth. 118. The parfon 
cannot intermeddle in the choice of that church-warden 
which it is the right of the parilhioners by cuftom to eledt. 
Under the word parfon the curate is included. 2 Stra. 
1246. In molt of the parilhes in London, the parilhioners 
choofe both church-wardens by cuftom; but in all pa¬ 
rilhes eredled under 9 An. c. 22. the canon (hall take place 
(unlefs the a£I, in virtue of which any church was eredled, 
fliall have fpecially provided that the parilhioners {hall 
choofe both); inafmuch as no cuftom can be pleaded in 
fuch new parilhes. Gibf. 215. Co. Lit. 113. 
In the election of church-wardens by the parilhioners, 
the majority of thole who meet at the veftry, upon a writ¬ 
ten notice given for that purpofe, lhall bind the reft of the 
parilh. Lane 21. By cuftom; alfo, the choice of church¬ 
wardens may be in a leledt veftry, or a particular number 
of the parilhioners, and not in the body of the parilliioners 
at large. See the article Vestry. 
In fome cafes the lord of the manor prefcribeth for the 
appointment of church-wardens; and this lhall not be 
tried in the eccleliaftical court, although it be a prefcrip- 
tion of what appertains to a fpiritual thing. 2 Injl. 653. 
The ‘validity of the cuftom of choofing church-wardens is 
to lie decided, like all other cuftoms of the realm, by the 
courts of common law, and not by the fpiritual court. 
Ld. Raym. 1008. Bac. Abr. 371. So alfo the legality of the 
votes given on the eledlion is to be determined by the 
common law. Burr. 1420. But the fpiritual court may 
become the means of trying the validity of the eledlion by 
a return of * not eledted,’ e not duly eledled,’ or any other 
return that anfwers the writ, and affords an opportunity 
of trying the right in an adtion for a falfe return. Ld. 
Raym. 138. Salk. 433. The parilliioners are alfo foie judges 
of what defcription of perfons they think proper to choofe 
as church-wardens; the fpiritual court therefore cannot 
in any cafe controul or examine into the propriety of the 
eledlion. 1 Salk. 166. And the parilliioners may, for mif- 
behaviour, remove them. 13 Co. 701. An indidlment alfo 
lies again!! them for corruption and extortion in their of¬ 
fice. 1 Sid. 307. 
The court of King’s-Bench will not grant a mandamus 
to the church-wardens, to call a veftry to eledt their fuc- 
ceflb'rs. Stra. 686. Nor will the court grant a quo war¬ 
ranto to try the validity of an eledlion to the office. 4 Term 
Rep. 382. They are fworn into their offices by the arch¬ 
deacon or ordinary of the diocefe; and, if he refufe, a 
mandamus lhall ilfue to compel him; and without fee. 
1 Salk. 330. But the oath mult be general, ‘to execute 
their duty truly and faithfully;’ ltats. 4 Jac. I. c. 5. 
1 Jac. I. c. 9. and 21 Jac. I. c. 7. and to execute the laws 
againft drunkennefs. If a church-warden, properly ap¬ 
pointed, refufe to take the oath, he may be excommuni¬ 
cated ; Gibf. Cod. 961. and he mull not execute the office 
till he is fworn. Shaw. P. L. 70. 
Ail peers of the realm, by reafon of their dignity, are 
exempted from ferving this office. Gibf. 215. So are all 
clergymen, by reafon of their order. Raym. 265. Members 
of parliament, by reafon of their privilege. Gibf. Cod. 205. 
Pradrifing barrilters, attornies, clerks in court, phyficians, 
furgeons, apothecaries, aldermen, diffenters, diffenting 
teachers, profecutors of felons, militia-men, &c. No per- 
fon living out of the parilh, although he occupies lands 
within the parilh, may be cholen church-warden; becaufe 
he,cannot take notice of abfences from church, nor dis¬ 
orders in it, for the due prefenting of them. Gibf. 215, 
Church-wardens are a corporation by cuftom, to fue 
and be fued for the goods of the church ; and they may 
purchafe goods, but not lands, except-it be in London, 
hy cuftom. 4 Fin. 525. Co, Lit. 3. In the city of London, 
by fpecial cuftom, the church-wardens, with the mini Her, 
make a corporation for lands as well as goods.; and may, 
-as fuch, hold, purchafe, and take, lands for the ufe of the 
church, See. And there is alfo a cuftom in London, that 
the minifter is there excufed from repairing the chancel 
of the church. 2 Cro. 325. 1 Rol. Abr. 330. Church-war¬ 
dens may have appeal of robbery for fteaiing the goods of 
tire church. And they may alfo purchafe goods for the 
ufe of the parilh. 3 Bulfl. 264. Yelv. 173. They may alfo 
take money or things (by legacy, gift, &c.) for the bene¬ 
fit of the church. And they may difpofe of the goods of 
the church, with the confent of the parilhioners. 4 Vin, 
526. _ But the church-wardens (except in London) have 
no right to, or intereft in, the freehold and inheritance 
of the church, which alone belongs to the parfon or in¬ 
cumbent. Comp. Incumb. 381. 1 Bac. Abr. 372. If they 
wafte the goods of the church, the new church-wardens 
may have aftion again!! them, or call them to account; 
though the parilhioners cannot have an a6!ion againft 
them for wafting the church goods, for they muft make 
new church-wardens, who muft profecute the former, &c„ 
1 Danv. Abr. 788. 2 Cro. 145. They have a certain fpe¬ 
cial property in the organ, bells, parifli-books, bible, cha¬ 
lice, furplice, &c. belonging to the church ; of which they 
have the culiody on behalf of the parilh, whole property 
they really are ; for the taking away, or for any damage 
done any of thefe, the church-wardens may bring an ac¬ 
tion at law', and therefore the parfon cannot fue for them 
in the fpiritual court. 1 Bac.'Abr. 372. Cro.Eliz. 179. Bur 
they have not, 1nrtiite officii , the cuftody of the title deeds 
of the advowfon, though they are kept in a cheft in the 
church. 4 Term Rep. 351. 
Church-wardens have pow'er and authority throughout 
the parilh, though it extends into different hundreds and 
counties; being, though temporal officers, employed in 
eccleliaftical affairs, and muft therefore follow the eccle- 
fiaftical divifion of the kingdom. Shaw, P. L. 86. They 
have, with the confent of the minifter, the placing the pa- 
rifhioners in the feats of the body of the church, appoint¬ 
ing gallery-keepers, &c. referving to the ordinary-a power 
to corredt the fame; and in London, the church-wardens 
have this authority in themfelves. Particular perfons 
may preferibe to have a feat, as belonging to them by 
reafon’of their effates, as being an ancient mefluage, &c. 
and the feats having been conftantly repaired by them 3 
alfo one may prelcribe to any aifle in the church, to fit, 
and to bury there, always repairing the fame. 3 Injl. 202. 
If the ordinary difplaces a perfon claiming a feat in a 
church by prefcription, a prohibition Ihal) be granted. 
12 Rep. 106. The parfon impropriate has a right to the 
chief feat in the chancel; but, by prefcription, another 
parilhioner may have it. Noy's Rep. 
Befides their ordinary power, the ehurch-wardens have 
the care of the benefice during its vacancy; and, as foon 
as there is any avoidance, they are to apply to the chan¬ 
cellor of the diocefe for a. lequeftration; which being 
granted, they are to manage all the profits and expences 
of the benefice for him that fucceeds, pltmgh and fow his 
glebes, gather in tithes, thralh out and foil corn, repair 
houfes, See. and they muft fee that the church be duly 
ferved by a curate approved by the bifliop, whom they are 
to pay out of the profits of the benefice. Stat. 13 & 14 
Car. II. c. 12. 
The church-wardens have not originally power to make 
any rate themfelves, excluiive of the parilhioners, their 
duty being only to fummon the parilhioners, to a veftry, 
who are to meet for that purpofe; and, w'hen they are 
afiembled, a rate made by the majority prefont lhall bind 
the w'hole parifti, although the church-wardens voted 
againft it. 1 Bac. Abn. 373. 3 Term Rep. 592. But if the 
church-wardens, give the parilhioners due notice, that 
they intend to meet for the purpofe of making a rate to 
repair the church, and the parilhioners refufe to come, 
or, being afiembled, refufe to make any rate, they may 
make one without their concurrence; for they are liable 
to 
