'5 8b C H U 
fettted at tlie nexlvifitation, oi>the new officers may, by 
'procefs, call them to Account before the ordinary, ordue 
them by writ of account at common'law. Sha-iv. P. L. 76. 
Mod. 9. But in laying out their money, they are pu~ 
nilhable for fraud only, not indifcretion. 'Gib/. 196. If 
their receipts fall fliort of their dilburfemeuts, the fuc- 
eeeding church-wardens may pay-them the balance, and 
place it to their account. 1 Rol. Abr. 121. And the court 
of chancery, on application, will make an order for the 
purpofe. 2 Eq. Abr. 203. 
By the Hat. 3 & 4 W. & M. c. 11. in all aftions to be 
brought'in the courts of Weftfninlter, or at the affizes, 
for money miffpent by church-wardens, the evidence of 
the parifliioners, other than fucli as receive alms, fhall 
be taken and admitted. The lpiritual court can only 
order the church-wardens’ accounts to be audited, but 
cannot make a rate to reimburfe them, becaufe they are 
not obliged to lay out money before they receive it. 
Hard-zv. 381. But a cuftom that the church-wardens (hall, 
before the end of their year, give notice to the parifliioners 
to audit~their accounts, and that a general rate (hall be 
made, for the purpofe of re-imburfing them all money ad¬ 
vanced, is good. 2 Andr. 32. If there be a deleft commit¬ 
tee Or veftry elefted by cuftom, and the church-wardens 
exhibit their accounts to fucli committee, who allow the 
lame, this (hall dil'charge them from being proceeded 
againlt in the fpiritual court. 2 Lilt av. 1027. So of allow¬ 
ance at a veftry in general. Raym. 418. And, if the Ipi- 
ritual court take any ftep whatever after the accounts are 
delivered in, it is an excels of jurifdiftion for which a 
prohibition will be granted,, even after fentenee. 3 Term 
Rep. 3. Juftices of peace have nb jurifdiftion over church¬ 
wardens with relpeft to their accounts as churchwardens. 
1 Keb: 574. 
CHURCH-YARD, f. The ground adjoining to the 
church, in which the dead are buried; a cemetery.—In 
f burcb -yards where they bury much, the earth will con- 
fume the corpfe in fat ftiorter time than other earth will. 
Bacon. 
No place fo facred from fuch fops is barr’d ; 
Nor is Paul’s church more fafe than Paul’s church-yard. 
Pope. 
CHURCH'ESSET, or Churchset,/ A Saxon word 
ufed in Domefday, which is interpreted quafi femen ecclejia, 
corn paid to the church. Fleta lays it iignifies a certain 
meafure of wheat, which in times paft every man on St. 
Martin’s day gave to holy church, as well in the times of 
the Britons as of the Englifli; yet many great perfons, 
after coming of the Romans, gave that contribution ac¬ 
cording to the ancient law of Mofes, in the name of firlt 
fruits ; as in the writ of king Canutus fent to the pope is 
particularly contained, in which they .call it chirchfed. 
Selden’s Hift. Tithes, p. 216. 
CHUR'CHILL (fir Winfton), father of the great duke 
of Marlborough, was defcendecLfrom an ancient and ho¬ 
nourable family in Dorfetlhire. He was born at Wotton 
Gian vllle- in that county, in 1610 ; and educated at St. 
John’s college, Oxford. He engaged in the caufe of bis 
unfortunate fovereigrv Charles I. for which he fuffered 
ieverely in his fortune; and having, married, while-young, 
Elizabeth, the daughter of fir John Drake) of Alhe in De- 
vonfiiire, Ihe was forced to leek a refuge in her father’s 
houfe, when Mr. Churchill’s misfortunes left him none that 
he could call his Own ;, and there molt of his children were 
born. After the reftoration, he was elefted a burgefs to 
ferve in parliament for the borough of Weymouth ; and, 
in 1669, his majefty was pleated to confer on him the ho¬ 
nour of knighthood. The next year he was made one of 
the commillioners of claims in Ireland; and, upon his 
return from thence, was conllituted one of the clerks, 
comptrollers of the green-cloth; but writing a kind of 
political efl'ay upon the Hiftory of England, which gave 
offence to the parliament, he was, in 1678, difmiffed from 
his poll. He was, however, ibon reftored to it again by 
1 
C H U 
the king; and he lived to fee his eldeft fu'rvivlng fort 
raifed to the peerage, and the reft of his children in a, 
way to promotion. He died in 1688. 
. CHUR'CHILL (John), duke of Marlborough, an^i 
prince of the holy Roman empire, Was eldeft (on of fir 
Winfton Churchill, and born at Afire in Devonfliire, on 
Midiurnmer-day, 1650. A clergyman in the neighbour¬ 
hood inftrufted him in the firft principles of literature; 
but his father, having other views than what a learned 
education afforded, carried him early to court, where he 
was particularly favoured by James duke of York, when ' 
he was no more than twelve years of age. He had a pair 
of colours given him in the guards, during the firlt Dutch 
war, about 1666; and afterwards obtained leave to go 
over to Tangier, then in our hands, and befieged by the 
Moors, where he refided for fome time, and cultivated atten¬ 
tively the fcience of military taftics. Upon his retdrn to 
England, he attended conftantly at court, and was greatly 
refpefted by both the king and the duke: In 1 3 jz, the 
duke of Monmouth commandinga body of Englifli aux¬ 
iliaries in the fervice of France, ‘Churchill attended him, 
and was foon made a captain of grenadiers in his grace’s 
own regiment. He had a (hare in all the aftions of that 
famous campaign againft the Dutch ; and at the liege of 
Nimeguen, diftinguifiied himlelf fo much, that he was 
particularly noticed by the celebrated marlhal Turenne, 
who bellowed on him the name of the handfome Englilh- 
mati. He (hone out alfo with lb much eclat at the reduc¬ 
tion of Maeftricht, that the French king thanked him for 
his behaviour at the head of the line, and affured him 
that he would acquaint his fovereign with it, which he 
did ; and the duke of Monmouth, on his return to Eng¬ 
land, told the king his father how much he had been inc 
debted to the bravery of captain Churchill. 
The laurels he brought from France were fure to gain 
him preferment at home .- accordirgly the king made him 
a lieutenant-colonel, and the duke made him gentleman 
of his bed-chamber, and mailer of the robes. The fecond 
Dutch war being over, colonel Churchill was again obli¬ 
ged to pafs his days at court, where he behaved with great 
prudence and circumfpeftion in the troublel’ome times 
that enlued. In 1679, when the duke of York was con- 
llrained to retire from England into the Low-countries, 
colonel Churchill attended him ; as he did through all 
his peregrinations, till he was fuffered to refide again in 
London. While he waited upon the ,duke in Scotland, 
lie had a regiment of dragoons given him ;.,and thinking 
it aow- time to take a confort, he made his addrefles to 
Sarah Jennings, who waited on the princefs Anne, after¬ 
wards queen of Great Britain. This young lady, then 
about twenty-one years of age, and univerfally admired 
both for her perfon and wit, he married in 1681, and 
thereby llrengthened the intereft he had already at court. 
In 1682 the duke of York returned to London ; and, hav¬ 
ing obtained leave to quit Scotland, relolved to fetch his 
family from thence by lea. For this purpofe he embarked in 
May, but unluckily ran upon the Lemon Oar, a dangerous 
fand, that lies about.lixteen leagues from the mouth of the 
Humber, where his Ihip was loft, with feme men of quality, 
and upwards of one hundred and twenty perfons on-board 
her. He was particularly carefui of colonel Churchill’s 
fafety, and took him into the boat in which he himfelr 
efcaped; The firft ufe made by his royal highnels of his 
intereft, after he returned to court, was to obtain a title 
for his favourite ; who, by letters patent, bearing date 
December 1, 1682, was created baton of Eymouth in Scot¬ 
land, and alfo appointed colonel of the third troop of 
guards. He was continued in all his polls upon the com¬ 
ing of James II. to the crown, who lent him'as his ara- 
baliador to France to notify his acceflion. On his return, 
he afiifted at the coronation in April 1685 ; and May fol¬ 
lowing was created a peer of England, by the title of 
baron Churchill of Sandridge in the county of Hertford. 
In June, being then lieutenant-general of his majefly’s 
forces, he was ordered into the well to fupprels Mon¬ 
mouth’s 
