Churchwardens' Manual: their duties, powers, rights, and privilagesSumner, George Henry
Religion
Churchwardens' Manual: their duties, powers, rights, and privilages
Sumner, George Henry
Church maintenance and repair; Church of England
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.
Public-domain text, read in full here on John Shaqi.
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