and may sue and be sued in respect of them, as a corporation. They are also to provide, at the expence of the parish, all such things as may be necessary for the decent celebration of the various services of the church, and the due administration of the sacraments. In all these matters, they are themselves the sole judges of what is proper; being invested for this purpose with the authority of the ordinary, and the trust of the parishioners, upon their admission to the office but it is very desirable, for the peace of the parish, that they enter upon no expensive repairs without first taking the advice of those who have to pay for them.

WHO MAY BE APPOINTED TO THE OFFICE.

All RESIDENT inhabitants of the parish are liable to serve the office of Churchwarden; except aliens, Romanists, Jews, and persons convicted of felony,-these are disqualified. There are others who, though not actually disqualified, are yet, by law, exempt from serving this office, unless they are content voluntarily to bear it such as peers of the realm, clergymen, members of parliament, counsellors and attorneys, practising physicians, members of the College of surgeons and apothecaries; sergeants,

corporals, drummers and privates, in the militia while enrolled; registrars of births &c; acting justices of the peace; officers of customs and excise; and clerks while employed as such. Officers and servants appointed by the Postmaster General are supposed to be entitled to exemption; sheriffs, aldermen of a city, have likewise been held exempt, and the right of a mayor of a borough and of town councillors to be exempt would seem to follow from the same reason. Also all preachers and teachers of dissenting congregations, if duly qualified according to law, and all other dissenters may claim exemption from serving this office, if their tenets, doctrines, and habits are such that they cannot conscientiously discharge its duties; but the Courts look closely into exemptions claimed on such accounts, and will not readily allow any assumption of a religious scruple as an excuse for discharging a legal obligation. Churchwardens, however, ought invariably to be members of the Established Church: and they are now required by law to be so, in a chapel of ease formed into a distinct parish under the 1st and 2nd W. IV. c. 38 s. 25; and also in all parishes formed under the 6 and 7 Vict. c. 37 s. 17.

The parishioners can excuse the person first chosen and proceed to the election of another in his stead.

And, here, let it be observed how desirable it is that the parishioners should exercise a proper discretion in the choice of churchwardens.* The office is one of great usefulness; and is every day becoming one of more weight and importance it is honourable, too, above many that are merely secular, for no less a charge is entrusted to it than the house of God. Surely, then, there is a dignity and a sacred interest in such an office of which no man, in whatever station, needs to be ashamed.

HOW CHOSEN AND ADMITTED.

The Canon (90) requires that churchwardens be elected yearly in Easter Week: this, however, is only directory; an election at any other

* It is absolutely necessary that Churchwardens should be able to read and write; and yet these low qualifications are not always possessed. I have known instances of proceedings before Magistrates for the recovery of Church-rates fail from the Churchwardens not being able to prove the notice of the vestry meeting from an incapacity to read it.

time is valid in law. The 89th Canon directs that they shall be chosen " by the joint consent of the Minister and Parishioners, if it may be; but if they cannot agree upon such a choice, then the minister shall choose one and the parishioners another "; but the provisions of the canon (though in exact agreement with the common right) may be superseded in the case of a special local usage, supposing it capable of being proved to have existed from time immemorial. Such usage would sanction the election of one churchwarden only, or the election of both by the parishioners, or by a select vestry, or by the old churchwardens, or by the lord of the manor. But, in parishes where no such usage can be shewn, or a custom from any particular difficulty cannot be observed, then the canon, in one part or other of the alternative it presents, is to be adhered to. A custom that there shall be no churchwarden in a parish cannot be maintained.

The curate may represent the incumbent in a nomination.

It is now clearly settled that a mandamus may be taken to compel the persons in whom the right of electing churchwardens vests, to compel them to proceed to an election. After

they are chosen they must be admitted by the ordinary and make the required declaration before they are authorised to act: they then continue in office till the new churchwardens are chosen and admitted.

If a churchwarden leaves the parish his place must be supplied; and, if he misbehave, he may be removed by complaint to the bishop or ordinary.

Sidesmen or assistants are to be chosen by the Minister and Parishioners if they can agree, otherwise to be appointed by the ordinary; and such choice is to be yearly made in Easter week (Canon 90). They are to continue in office until the new churchwardens are admitted by the ordinary, and are themselves to be admitted in like manner as the churchwardens (Can.118).

There are numerous cases in the north of England of large parishes being divided into several districts, townships, or tithings, where by ancient custom many churchwardens or chapelwardens are elected, each of whom, though separately chosen by, and acting specifically for, the respective district, township, or tithing, represents as it seems the whole parish.