rived from the
original duty attached to the office,--that of the custody or
guardianship of the fabric and furniture of the church,--which dates from
the 14th century, when the responsibility of providing for the repairs of
the nave, and of furnishing the utensils for divine service, was settled
on the parishioners. Churchwardens are always lay persons, and as they
may, like "artificial persons," hold goods and chattels and bring actions
for them, they are recognized in law as quasi-corporations. Resident
householders of a parish are those primarily eligible as churchwardens,
but non-resident householders who are habitually occupiers are also
eligible, while there are a few classes of persons who are either
ineligible or exempted. The appointment of churchwardens is regulated by
the 89th canon, which requires that the churchwardens shall be chosen by
the joint consent of the ministers and parishioners, if it may be; but if
they cannot agree upon such a choice, then the minister is to choose one,
and the parishioners another. If, however, there is any special custom of
the place, the custom prevails, and the most common custom is for the
minister to appoint one, and the parishioners another, and this has been
established by English statute, in the case of new parishes, by the
Church Building and New Parishes Acts 1818-1884. There are other special
customs recognized in various localities, e.g. in some of the larger
parishes in the north of England a churchwarden is chosen for each
township of the parish; in the old ecclesiastical parishes of London both
churchwardens are chosen by the parishioners; in some cases they are
appointed by the select vestry, or by the lord of the manor, and in a few
exceptional cases are chosen by the outgoing churchwardens.
In general, churchwardens are appointed in Easter week, usually Easter
Monday or Easter Tuesday, but in new parishes the first appointment must
be within twenty-one days after the consecration of the church, or two
calendar months after the formation of the parish, subsequent
appointments taking place at the usual time for the appointment of
parish officers. Each churchwarden after election subscribes before the
ordinary a declaration that he will execute his office faithfully.
The duties of churchwardens comprise the provision of necessaries for
divine service, so far as the church funds or voluntary subscriptions
permit, the collecting the offertory of the congregatio
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