The right and legall CHURCHWARDEN.
To the Right Honourable the Lord Major of the City of London, and the right worshipfull his Brethren the Aldermen of the same. The Petition of Richard Dey Clerke, &c.
WHereas the long abuse of some ecclesiasticall laws (the remedy whereof we find to be difficult, especially the same being mannaged by corrupt persons, whose abusive practises are so much the worse by how much the more power & authority such persons have to disburden their Malignant disposition either in Church or Commonwealth) by the discords and distractions of the Church have produced many distempers and disturbances in the Common-wealth (wch tend to destructive effects, if not warily and timely prevented;) so that the abuse of such Laws by such abusive persons, having already effected so much evill, is very likely to produce much more (which thoughts are sufficient instigations to stir-up every good Subject in his place to use his utmost indeavour to hinder the growth of so great mischiefe.) And forasmuch as we find it so exceedingly difficult not only to rectifie old bad Laws degenerated into worse customes, but also to obtaine any better new, we have the more reason to reflect our thoughts upon the persons who are to have the management therof, which by custom and constitution of some offices may be more changeable from bad to better persons, who like good Bees may gather the hony from those flowers of Law now in force, where formerly Spiders have gathered poyson, that so the venome of every bad custome may be mollified by the dexterity of those that have the guidance. And whereas there is an happy concurrence in the civill government of this City by the blessing of God and speciall care of good Citizens, in their late more then ordinary regard, according [Page 2] to their right and priviledge to choose good and well-affected Aldermen and Common-councell men, so not only the said Common-councell and other Governours will be much strengthned and well assisted, but also the generall unity and unanimous concurrence of this whole body politicke will be marvellously augmented, if the like industry and speciall care be had, that none but such as are very well known to be solidly discreet and well affected m [...]n be chosen and nominated to that ancient, commendable and very usefull office of Church-warden; an office which as it is much countenanced both by the common Statute and Ecclesiasticall Laws yet in being; so hath it exceeding much influence upon the publick-weal, as relating both to Church and Common-wealth and concerning all mens Religion, persons and estates, whether rich or poore in every Parish.
To this end therfore your Petitioner is submissively bold to present unto your grave wisdoms his desire, that the good Statute enacted by Parli [...]ment in the 43 year of Q. Eliz [...]beth of happy memory,43. Eliz. c. 2. intituled, An Act for the relief of the poore, may be put in due execution, as concerning the nomination of Church warden [...] and Over-seers, who are to be nominated yearly in Easter-week or within one mon [...] after Easter, under the hand and Seal of two or more Justices of Peace in the same County, whereof one to bee of the Quorum dwelling in or neere the same Parish or division where the same Parish doth lye, and under the hands and Seales of the Majors, The subtilty and audacious boldnes of Prelats to make a Canon against a Sta [...]ute cō trary to 2 [...]. H. 8 c 1 [...] and to take that opportunity the Kingdom being full of busines and the Parliament unwilling to offend and dis [...]lease the new King o [...] wrangle with the Clergy, & to make it so plausible that [...]e would willingly obey it. Bailiffes or other Head-officers of every Town and place corporate, and City within this Realme, being Justice or Justices of Peace, and likewise under the hand and Seale of every Alderman of the City of London within his ward, as by the said Act more at large may appeare (though it have bin much neglected, and in that point long disused, by the subtill practises of the Prelates, who within a yeare or two after the making therof, viz. in the first yeare of K. James of famous memory, made and ordained a Canon in their Synod or Convocation at London 1603. That all Church-wardens or Questmen in every Parish shall be chosen by the joynt 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, and without such a joynt or severall choice none shall take upon them to be Church-wardens, &c. Can. 89. by which crossing Canon the practise and custom of the said Statute is nullified, and therfore the Petitioners desire is, that the said Act may be so put in due execution in point of nomination of the said Church-wardens and Overseers, that whether they be chosen by the major or minor part of Parishion [...]rs or other wise by the Minister, yet by the advice and assistance of the Common-councell men of the severall Parishes they may be approved and nominated as afore-said by each Alderman in his ward under hand and Seale according to the tenour of the said [Page 3] Statute, and that none may be so nominated, who are not known to be of sound discretion and well-affected.
And your Petitioner shall be the more engaged to pray for a blessed successe, both of this, and other your pious endeavours for the good of Christs Church and people, &c.
Now concerning the ground of this Petition two things are very considerable,
- 1. Whether this Statute be in force.
- 2. Whether this be the true sense and meaning of it.
1. This Statute being apparantly the same in substance (only amended, enlarged and explained, but very little changed) with another of the same title and nature, made the 39 yeare of her raigne, and made only to endure till the end of the next Session of Parliament, which was in the 43. yeare of her raigne, at which time instead of reviving it againe, this was made out of the other, and made likewise to endure no longer then to the end of the next Session of Parliament, which was in the first yeare of King James of happy memory, at which time the Prelates made the 89 Canon, and the Parliament, cap. 25. continued this Statute with an addition to the end of the first Session of the next Parliament, and the third of King James, being but the second Session of the same Parliament in the first yeare, so the next was in the seventh yeare, and in the 21. yeare it was (with an addition made 10. Jacobi. and another then added further) adjudged ever since the Session of Parliament in the seventh yeare, to have bin of such force and effect as the same was the last day of that Session, and from thence forth untill the end of the first Session of the next Parliament, which was in the first yeare of King Charles, and so after so often continuing it was lastly revived in the third yeare of his Majesty King Charles that now is, and whom God long preserve and so remaineth in force (or also a great number of other Statutes are out of force, which together with this were revived, 3. Caroli cap. 4.) to the end of this Parliament, which God of his goodnesse blesse and prosper to the stablishing of many more good Laws.
2. Now as touching the sense, the only doubt that is or can be taken concerning nomination is whether the meaning of the first full period be that the Church wardens, and foure, three or two housholders to be nominated yearely, &c. shall be called Overseers, or that the foure, three or two housholders only to be nominated, as afore-said, shall be called Over-seers, now if the words should be taken this latter way, the sentence would be non-sence, leaving out the Church-wardens from any construction with any verbe, and so the words following, They or the greater part of them would only have relation to the foure, three or two [Page 4] Housholders, wheras they must needs relate unto the Church-wardens and Housholders both, and therefore it must needs meane that the Church-wardens and Housholders, &c. to be nominated, &c. by two Justices, &c. shall be called Over-seers, &c. And they or the greater part of them shal take order, &c. and so it followes accordingly, by the said Church-wardens and Over-seers, or the greater part of them; but a little further in the Statute it makes all cleare and undeniable, that the nomination is meant of Church-wardens, as well as Over seers particularly so called, i [...] these words, which said Church-wardens and Over-seers so to be nominated, or such of them as shall not be l [...] by sicknesse, &c. shall meet together at least once every month in the Church, &c. And againe a li [...]tle further it followes as plainly; Shall pay and deliver over to the said Church-wardens and Over-seers newly nominated and appointed, as aforesaid; and yet further in the said Statute, it follows more plainly and express [...]ly thus; And every of them respectively within their severall limits, wards and jurisdictions to execute the ordinances before mentioned concerning the nomination of Over-seers, the consent to binding Prentises, the giving warrant to levy taxations unpaid, the taking account of Church wardens and Over-seers, &c. So that this being so plaine and manifest, that no man can deny it who hath out 5. whole senses I shall not need to adde a word more for this, but only that which followes in the Statute (which I hope will be a motive to the granting of this Petition) That if in any place within this Realme there happen to be hereafter no such nomination of Over-seers, as is before appointed, that then every Justice of Peace, &c. and every Major, Alderman and Head Officer, &c. where such default shall happen shall loose and forfeit for every such default five [...]u [...]i [...] to be imployed to the reliefe of the poore of the said Parish, &c.
A short touch of the nature and office of Church-wardens.
IF w [...] would truly understand what a Church-warden should and ought to do, are must consider them [...]uch and [...]ture of his office, he is now called guardianus [...]cclesi [...], [...]den, neither and defender of the Church and Church-goods, [...] aedituus qui saor [...] adibu [...] praeest, one that hath the rule, over-sight and care of the publike place a pointed for Gods worship, and such things as pertain ther [...], and although the Arch-Prelat [...]. Yorke B [...] Williams would perswade us, that he is only the Bishops proper Officer, Holy Table, pag 78. (as indeed, they have lately under the tyra [...]ny of the Prelats been shamefully abused rather, as if they were their swornely [...]ff [...]s then any authorized Church-governours▪) and that as the Arch-deacon is the Bishops eye (no marvell then if the Bishops bee blinkand [...] so the Church-warden is only the hand of the Bishop to put all his mandaies in execution, Holy Table, pag. 80. yet it should seeme that his office is of farre [Page 5] more excellency, as intrusted by the people with all the Church and Church- [...]oods, and the Ministry thereof, and to stand for them and their right in the ministery and ordinances of Christ against the Pope, the Prelats, the false Patrons, and the lewd Priests, and that even by paction or covenant and agreement with the very first founders of Churches, who (as appeares in the Canon Law) sometimes would not build Churches, except they and their successours (whom in charity they hoped would prove as godly and religious as themselvs to withstand the incroaching Prelates who fois [...]ed in so many leud Priests) might have the nomination and putting in of one Minister or Rector so called, and the very Popes Canons allowing in every Church small or great Rector & religiosi, a Parson and other Clergy men, & elerici duo ad minus in Ecclesia esse delent, that at least two Clergy men ought to be in every Church, Gratian [...] deeres. par. 3. a [...] confecr. dist. 1. fol. 424. ad marg. And likewise our own Service book (which I know our la [...]so [...] love so well, that for it they would hazard all their benefices in England, not out of truth and devotion, but that therby they may keepe under in bondage and drudgery their five-pound journy-men) even i [...] (which they say is stablished by Parliament) allowes in all Churches in England (for the booke is generally imposed) Pastors and Curates, R [...]n. to Priv. Bapt. and the Curat of every Parish (besides whom the Patron will f [...]d a Rector) shall diligently upon Sundayes instruct and examine so many children of this Parish, Pubr. of Confirm. and yet be cannot be the Parson, (who in all lawe and in common speech is another title, and another power and priviledge) So I by these Gardians or Wardens, who are in every Parish at least two, with consort of the people should nominate the other upon every lawfull vacation, which is only 1. by [...]ath. 2. By legall deprivation. Or 3. By voluntary resignation or departure to another living, although indeed the Bishops from the peoples commendation had the legall approbation and admittance, as to whom it belonged to see that no ignorant, unable, unworthy, or unfit person should through the peoples ignorance be brought-in by friendship,Church-wardens may keepe out any Parsons journy-man, for not the Parson, but the Bish. hath power to put in or put out a Minister, eve the [...]urat sh [...]uld n [...] come in by the Parson. flattery or any sinister me [...]res: and therefore the nature of this office being such, as likewise to be a Warden in t [...]me of the vacancy of a Rector: I find it committed to the care of these Wardens by Arch-bishop Parker, and the Synod at London, 1571 Aeditui nulit n [...] nec Rectorem, nec Vicarium reciptent ad ministerium Ecclesiae suae nisi quem Episcopus institutione sua approbaverit & in possessionem illius Ecclesiae mandato suo miserit, nec Parochum recipient nisi literis & sigillo Episcopi nominatim i [...]i Ecclesiae commendatum. pag. 18. That the Church-wardens shall receive no man, neither Parson nor Ʋicar to the ministery of their Church, but whom the Bishop by his institution shall approve, and by his mandate put into possession of that Church, neither shall they receive any Curat, [Page 6] except he be commended to that Church by name under the hand and Seale of the bishop, nay even the Prelates owne chiefe Canons at their Synod at London, 1603. (For I hope I may be allowed to cut-off Goliahs head with his owne Sword) doe not only give leave, but expresse command, That neither Every beneficed reacher being injoyned by the 45 Canō to preach one Sermon every Sund. and more they will not doe except they be paid the rest of the day the Churchwardens have power to admit another even by this Canon, for if they may reject they may admit. the Minister, Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels, but such as shall appeare unto them to be sufficiently authorized thereunto. Canon 50. These grounds considered and compared, seeme to agree much with that name and office mentioned in the new Testament [...], Princeps Sinagogae, the Arch-sinagoguist or chiefe-Congregationer or Ruler of the Sinagogue; the word is mentioned at least 7. or 8. times in the new Testament, viz. Mark. 5.22, 35, 38. Luk 8.41, 49. & Luk. 13.14. Act. 13.15. & 18.8, 17. where two are mentioned Crispus and Sosthenes in one Congregation for ought appeares contrary, but Act. 13.15. it is manifest that in one Sinagogue there were 3, 4. or more, for the word is not the duall, but the plurall number [...], The Rulers of the Sinagogue sent unto them to preach, whence it is evident they were many, and joyntly had power to admit a Preacher after their ordinary duties ended, in that Congregation where the Apostles themselves were both heater [...] and Preachers, so that here seemes as good ground for this office rightly rectified, as for [...], Elders of the lay-people, mentioned, Mat. 21.23, and other places, where the consequence seemes to admit therof, but of these, as also of our Parsons, Ʋicars, Curates and Lecturers their right and standing divine or humane with the intolerableAs now at this present Mr. V. doth most shamefully tyrannize over [...]e, who have ever respected [...]im in all things. tyranny of some over others, I shall have occasion to speak more at large hereafter with Gods assistance, and in the mean time, I shall bid the Christian Reader heartily to farwell. London Aprill 3. 1643.