pay the Cofts and Expences which the Perfons grieved have been at by the Vexation. 5. If the Churchwardens refuse to prefent, the Minister may prefent feparately, but he fhall not prefent Sins revealed to him in Confeffion, nor make thofe Sins known to any Perfon whatever (except fuch, the Concealment whereof is Capital) under Pain of Irregularity. Can. 113. 6. Churchwardens are not to be cited by the Ecclefiaftical Court to any greater Distance from Home than that they may return the fame Day. 12 Co. 112. 7. Churchwardens are fworn, and the Minifter charged to prefent as well the Crimes and Disorders committed by criminous Perfons, as alfo the common Fame which is fpread abroad of them. Can. 115. 8. The Articles commonly exhibited to Churchwardens to make their Presentments, may be reduced thus, viz. To Things which concern, 1. The Church. 2. The Parfon. 3. The Parishioners. 1. Thofe Things which concern the Church. Alms, whether a Box be kept for that Purpofe; Affeffments, whether made for Repairs; Bells and Bell-ropes, if in good Repair; Bibles, whether in Folio; Canons, whether a Book thereof; Church-yard, if well fenced; Commandments, if put up; Common Prayer-Book, if fair and in Folio; Communion-Table, if decent, with a Carpet; Cheft with three Locks; Church and Chancel in Repair; Creed in fair Letters; Cups and Covers for Bread, &c. Cufhion for Pulpit ; Desk for Reader; Flagon; Font; Graveftones, if well kept; King's Arms, if fet up; Lord's Prayer, if fet up in fair Letters; Marriage, whether a Table of Degrees; Monuments, if fafely kept and undefaced; Regifter Book in Parchment; Surplice, whether any; Table cloth; Tombs, if well kept. 9. 2. Thofe Things which concern the Parfon. 39 Articles, if duly read; Baptizing with Godfathers; Canons, if read once a Year; Catechifing Children; Common Prayer, if duly read, &c. Dead, if he bury them; Doctrine, if he preach good; Gown, if he preach in it: Homilies, if read, or he preach; January 30, if obferved; May 29, if observed; marrying privately, or without Banns or Licence; November 5, if oblerved; Preaching every Sunday; Peace-maker, if he be; Perambulation, if duly performed; Sacrament, if duly celebrated; Sedition, if vented; Sick, if visited; Sober Life; Surplice, if he wear it. 10. 3. Thofe Things which concern the Parishioners. Adulterers, if any; Alms-houses, if abufed; Ale-houses, &c. in Divine Service; Anfwering according to Rubrick; Bowing at the Name of Jefus; Baptifm, if neglected by Parents; Blafphemers, if any; Church, reforting to it; Dead, if brought brought to be buried; Drunkards, if any; Fornicators, if any; Legacies, if any given to pious Ufes; Marrying within prohibited Degrees; Marrying without Banns, Licence, or at unlawful Hours; Sacraments received three times in a Year by all above Sixteen, whereof Eafler to be one; School, if abufed; Seats, if Parishioners are placed in them without Contention; Standing up, and kneeling daly; Sundays, working therein; Swearers, if any; Women, if come to be churched. School without a Licence. 11. And lastly, which I fear is not duly minded, whether Ought to present any diffenting from the Church of England, do within their thofe who teach Parish keep Schools, either publickly or in any private Family, unless he hath subscribed the Articles, and made and subfcribed the Declaration above mentioned, and thereon taken a Licence of the Ordinary to teach, and constantly come to Church; and therefore, if any one, without performing all this, takes upon him in any Parish to teach and instruct Youth in Manner as aforefaid, he is to be prefented for the fame. And it being a Matter of great Moment to fecure Youth from being corrupted with ill Principles in their Education, it becomes Churchwardens, and alfo Church Governors, with their utmost Care to do their Duty herein. For it is held, that Diffenters, by the Act of Toleration 1 W. & M. c. 18. are not exempted either from the Penalties contained in the Statute of Jac. 1. c. 4. or from those contained in the Statute of 14 Car. 2. c. 12. against teaching School without a Licence from the Bishop. Where a Schoolmafter was fued in the Ecclefiaftical Court for keeping a School without a Licence from the Bishop, contrary to the Canon, upon a Motion for a Prohibition it was denied; for though the Act of Uniformity gives a Penalty of five Pounds in fuch Cafe to be recovered by Bill, &c. that doth not take away the Ecclefiaftical Jurifdiction where they proceed on the Canons, which are neither contrary to the Law, nor incroach on the King's Prerogative. 2 Lev. 222. Spiritual Court has Jurifdiction over them. CHA P. XXII. What Actions Churchwardens may bring, and for I. what. Hurchwardens may maintain an Action for defacing a Monuments. an Heir by Descent have an Action against any one who beats G 2 down down or defaces Coats of Arms, &c. of his Ancestor in the Church or Church-yard. 3 Cro. 367. 2. In an Action of Account brought by Churchwardens. against their Predeceffors, they muft declare, quod reddant eis computum de Bonis Parochianorum, and not de Bonis Ecclefiæ. 1 Vent. 89. 3. It is generally held, that Churchwardens have no Power. to do any Thing to the Disadvantage of the Church, and therefore if they recover in an Action, one of them cannot release the Cofts. So if they libel in the Bishop's Court against a Parishioner for not paying a Tax affeffed on him towards the Repair of the Church, and there is a Sentence against him, and upon an Appeal to the Metropolitan, one of the Churchwardens releases, this doth not discharge the Appeal; because the Spiritual Court having the original Jurifdiction of Taxes for Repairs, fhall likewife have Jurifdi&ion of all Matters that depend thereon, and that Court fhall determine whether this Release fhall bar both the Churchwardens; adjudged upon a Demurrer to a Prohibition. 4. They may maintain an Action of Trefpafs for any Thing taken out of the Church which belonged to the Parifhioners; and this the new Churchwardens may do, though the Trefpafs was done in the Time of their Predeceffors. Cro. Eliz. 145, 179. 1 Leon. 177. And a Release by one is no Bar to the Action of the other, because they have no proper Intereft in the Things themfelves for which they fue, but are only a fpecial Corporation for the Benefit of the Church, for which Reason they are always to conclude their Declaration ad damnum Parochianorum, and not to their proper Damage. 1 Roll. Rep. 426. 2 Roll. Abr. 306. 2 Cro. 234. 5. But the Suits which they bring in the Spiritual Court muft not relate to any Thing concerning the Inheritance, 2 Roll. Abr. 287. therefore, if they libel for a Way to the Church, or to repair the Fences of the Churchyard by Reason of Lands adjoining, or that the Defendant, and all those whose Estate he hath in fuch a Houfe, have used to find Bread and Beer for the Parishioners in their Perambulation; thefe are all Temporal Matters, and the Allowance of fuch a Refreshment is in Nature of a Corody, for which an Affize will lie. Mich. 13 Fac. 1. B. R. The Churchwardens of Offington's Cafe, Hill. 15 Car. 1. B. R. 2 Roll. 287. Moor, Reynold's Cafe. 6. They cannot prefcribe to have Lands, because they are not a Corporation for that Purpose, viz. to have Lands to them and their Succeffors, but only for the Goods of the Church. March 66. But in London, by the Cuftom 'tis otherwife, for there they may take and hold Lands, 2 Cro. 532. neither can they have any Action of Trefpafs at Common Law to to recover Goods of which they were never poffeffed; but by a Bill in Equity they may have a Decree for fuch Goods, and they may have an Appeal of Robbery if stolen. 7. If they are cited in the Ecclefiaftical Court after they have given up their Accounts, and be excommunicated, they may have an Action on the Cafe against the Profecutor. Raym. 418. Mandamus. If Freehold in 8. They may join in an Action upon the Cafe for a falfe Cafe for false Return upon a Mandamus, for fuch a Writ may be brought to Return of compel the Spiritual Court to fwear a Churchwarden who was lawfully chofen by the Parishioners, according to Cuftom, though not according to the Canon. 3 Lev. 362. Lut. 1010. 9. If any Thing belonging to the Freehold is broken or cut down, or the Walls, Windows, Doors, or Trees in the Church yard, &c. the Parfon or Vicar, and not the Church- the Action, wardens, fhall have an Action, because the Freehold belongs to the Parfon. fon muft bring jured, the Par CHA P. XXIII. When and to whom they are to account. "T HEY are accountable to the Rector, Vicar, new Churchwardens and Parishioners, for what Goods and Money, &c. they have received for the Ufe of the Church; and this must be done at the End of the Year; and what remains in their Hands, they are to deliver to the new Churchwardens, or to the Parishioners by a Writing indented; and if they refuse to give up their Accounts within a Month after, upon Notice the new ones are chofen, they may be compelled by the Ecclefiaftical Courts at the Inftance of the new Churchwardens, or any of the Parish that have Intereft, and who may likewife make Exceptions against it; or they may be prefented at the next Vifitation, or the new Churchwardens may have an Action against them at Law: But by a particular Custom they may give up their Accounts to Twenty-four of the chief Men, or to a felect Veftry of a Parish; and this was the Cafe of the Churchwardens of the Parish of Massam in Yorkshire, Batts & al. v. Watkinson, Lutwyche's Rep. Vol. 2. 1027. ante Chap. 17. Sec. 5. To whom Churchwardens are to account. 2. At the Meeting for this Purpose, the Churchwardens How to accoune having first produced the Rates which they have made, must give an Account how they have expended the Sums levied by them; and when this Account is allowed by the Parishioners G 3 then Exceptions to then present, it is to be entered in the Church Book of Accounts, which every Parish is to have for this Purpose, and those who allow the Accounts are there to fet their Hands to it; and if there be any Money remaining over, they are to deliver it with the faid Book of Accounts to the fucceeding Churchwardens, to be put by them to the Account of the next Year. 3. The Exceptions against a Churchwarden's Account may their Accounts. be firft as to the Particulars on which the Difbursements are made, and fecondly, as to the Juftnefs and Truth of the Dif bursements themselves. For if a Churchwarden hath of his own Head laid out the Parish Money, where he hath no Authority by his Office fo to do, that is on new Erections, or other fuch Particulars, where the Confent of the Parish, or Licence of the Ordinary, or both, ought firft to be had, the Parish may refufe to allow it him in his Accounts; and he may be further punished by the Ordinary for the Contempt put upon his Authority herein, if it be in a Particular where his Licence was requifite for the doing of it. And although his Disbursements be within the Limits and Power of his Office, yet if not fairly ftated, there lies a juft Exception against the Account; and if it appears that he hath not dealt justly and fairly with the Parish herein, but hath either charged to them more than he hath fairly laid out, or falfly and fraudulently expended more than he need, for By-Ends of his own; all thofe Particulars fhall not only be defalked from his Account where the Fraud appears, but he may also be further punished by the Ordinary, as one that has notoriously broken his Truft, and violated the Oath of his Office by his Knavery and Falfhood; and whenever any Churchwarden hath his Accounts condemned for any fuch Fraud, he must be condemned too in the Charges of the Suit. Advice as to their laying out the publick Money. Account how and when fuf 4. As for avoiding all Sufpicion of Guilt, it would be well if Churchwardens would not accept of any Entertainment from the Workmen they employ, or the Perfons of whom they buy the Materials; and not to make Ufe of any Materials of their own, unless they call fome principal Inhabitants of the Parifh, and fairly agree with them the Price, before they convert them to the Ufe intended; or use any other Practice wherein they may have a By-End and Self-Intereft of their own; for in Affairs of this Nature, a Man ought to act with the fame Care and good Husbandry that he doth in his own, or rather with much more. 5. But when the old Churchwardens have thus fairly accounted before the Minifter, the fucceeding Churchwardens heiently allowed. and the major Par of the Parish, and their Account is allowed by them if they fhall be called before the Ordinary for this Purpose, on their alledging and making Proof that they have already |