Churchwardens Manual | Page 2

of our present race of Churchwardens. {2} In Lyndwood's Provinciale there are allusions in some of the Provincial Constitutions 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 Assistants, 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 title of Sidesmen. Some suppose that they are so called because they are elected as assistants to the Churchwardens