THE RIGHT AND LEGAL CHURCHWARDEN. Declaring and expressing their lawful admittance unto the said office by the choice and appointment of the Lord Major and Aldermen of London, the Majors, and Bailiffs of Cities and Corporations and by the Justices of peace in each County through England, so that they may be legally authorized without any future dependence on the Prelates. In a Petition exhibited with all due respect unto the right Honourable the Lord Major and Aldermen of London. By Rich. Dey Minister of the Gospel. LONDON, Printed for Thomas Vnderhill at the Sign of the Bible in Wood-street, 1643. The right and legal CHURCHWARDEN. To the Right Honourable the Lord Major of the City of London, and the right worshipful his Brethren the Aldermen of the same. The Petition of Richard Dey Clerk, etc. WHereas the long abuse of some ecclesiastical laws (the remedy whereof we find to be difficult, especially the same being managed by corrupt persons, whose abusive practices 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 Commonwealth (which 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 evil, 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 endeavour to hinder the growth of so great mischief.) And forasmuch as we find it so exceedingly difficult not only to rectify old bad Laws degenerated into worse customs, but also to obtain any better new, we have the more reason to reflect our thoughts upon the persons who are to have the management thereof, which by custom and constitution of some offices may be more changeable from bad to better persons, who like good Bees may gather the honey from those flowers of Law now in force, where formerly Spiders have gathered poison, that so the venom of every bad custom may be mollified by the dexterity of those that have the guidance. And whereas there is an happy concurrence in the civil government of this City by the blessing of God and special care of good Citizens, in their late more than ordinary regard, according to their right and privilege to choose good and well-affected Aldermen and Common-council men, so not only the said Common-council and other Governors will be much strengthened and well assisted, but also the general unity and unanimous concurrence of this whole body politic will be marvellously augmented, if the like industry and special 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 useful office of Churchwarden; an office which as it is much countenanced both by the common Statute and Ecclesiastical Laws yet in being; so hath it exceeding much influence upon the publick-weal, as relating both to Church and Commonwealth and concerning all men's Religion, persons and estates, whether rich or poor in every Parish. To this end therefore your Petitioner is submissively bold to present unto your grave wisdoms his desire, that the good Statute enacted by Parliament in the 43 year of Q. Eliz●beth of happy memory, 43. Eliz. c. 2. entitled, An Act for the relief of the poor, may be put in due execution, as concerning the nomination of Church wardens and Overseers, 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 be of the Quorum dwelling in or near the same Parish or division where the same Parish doth lie, and under the hands and Seals of the Majors, The subtlety and audacious boldness of Prelates to make a Canon against a Statute contrary to 2●. H. 8 c 1● and to take that opportunity the Kingdom being full of business and the Parliament unwilling to offend and displease the new King o● wrangle with the Clergy, & to make it so plausible that ●e would willingly obey it. Bailiffs or other Head-officers of every Town and place corporate, and City within this Realm, being Justice or Justices of Peace, and likewise under the hand and Seal of every Alderman of the City of London within his ward, as by the said Act more at large may appear (though it have been much neglected, and in that point long disused, by the subtle practices of the Prelates, who within a year or two after the making thereof, viz. in the first year of K. James of famous memory, made and ordained a Canon in their Synod or Convocation at London 1603. That all Churchwardens or Questmen in every Parish 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, than the Minister shall choose one, and the Parishioners another, and without such a joint or several choice none shall take upon them to be Churchwardens, etc. Can. 89. by which crossing Canon the practice and custom of the said Statute is nullified, and therefore the Petitioners desire is, that the said Act may be so put in due execution in point of nomination of the said Churchwardens and Overseers, that whether they be chosen by the major or minor part of Parishioners or other wise by the Minister, yet by the advice and assistance of the Common-council men of the several Parishes they may be approved and nominated as aforesaid by each Alderman in his ward under hand and Seal according to the tenor of the said 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 success, both of this, and other your pious endeavours for the good of Christ's Church and people, etc. 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 apparently the same in substance (only amended, enlarged and explained, but very little changed) with another of the same title and nature, made the 39 year of her reign, and made only to endure till the end of the next Session of Parliament, which was in the 43. year of her reign, at which time instead of reviving it again, 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 year 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 year, so the next was in the seventh year, and in the 21. year it was (with an addition made 10. Jacobi. and another then added further) adjudged ever since the Session of Parliament in the seventh year, to have been of such force and effect as the same was the last day of that Session, and from thence forth until the end of the first Session of the next Parliament, which was in the first year of King Charles, and so after so often continuing it was lastly revived in the third year 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 goodness bless 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 four, three or two householders to be nominated yearly, etc. shall be called Overseers, or that the four, three or two householders only to be nominated, as aforesaid, shall be called Overseers, now if the words should be taken this latter way, the sentence would be nonsense, leaving out the Churchwardens from any construction with any verb, and so the words following, They or the greater part of them would only have relation to the four, three or two Householders, whereas they must needs relate unto the Churchwardens and Householders both, and therefore it must needs mean that the Churchwardens and Householders, etc. to be nominated, etc. by two Justices, etc. shall be called Overseers, etc. And they or the greater part of them shall take order, etc. and so it follows accordingly, by the said Churchwardens and Overseers, or the greater part of them; but a little further in the Statute it makes all clear and undeniable, that the nomination is meant of Churchwardens, as well as Over seers particularly so called, i● these words, which said Churchwardens and Overseers so to be nominated, or such of them as shall not be l●● by sickness, etc. shall meet together at least once every month in the Church, etc. And again a little further it follows as plainly; Shall pay and deliver over to the said Churchwardens and Overseers newly nominated and appointed, as aforesaid; and yet further in the said Statute, it follows more plainly and expressly thus; And every of them respectively within their several limits, wards and jurisdictions to execute the ordinances before mentioned concerning the nomination of Overseers, the consent to binding Prentices, the giving warrant to levy taxations unpaid, the taking account of Church wardens and Overseers, etc. So that this being so plain and manifest, that no man can deny it who hath out 5. whole senses I shall not need to add a word more for this, but only that which follows in the Statute (which I hope will be a motive to the granting of this Petition) That if in any place within this Realm there happen to be hereafter no such nomination of Overseers, as is before appointed, that then every Justice of Peace, etc. and every Major, Alderman and Head Officer, etc. where such default shall happen shall lose and forfeit for every such default five ●u●i●● to be employed to the relief of the poor of the said Parish, etc. A short touch of the nature and office of Churchwardens. IF w● would truly understand what a Churchwarden 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-good, 〈◊〉 aedituus qui saor● adibu● praeest, one that hath the rule, oversight and care of the public place a pointed for God's worship, and such things as pertain ther●●, and although the Arch-Prelat●●●. York B● Williams would persuade us, that he is only the Bishop's proper Officer, Holy Table, pag 78. (as indeed, they have lately under the tyranny of the Prelates been shamefully abused rather, as if they were their swornely ●●ff●s than any authorized Church-governors'▪) and that as the is the Bishop's eye (no marvel then if the Bishops be blinkand●● so the Churchwarden is only the hand of the Bishop to put all his mandays in execution, Holy Table, pag. 80. yet it should seem that his office is of fare more excellency, as entrusted by the people with all the Church and Church-●oods, and the Ministry thereof, and to stand for them and their right in the ministry and ordinances of Christ against the Pope, the Prelates, 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 appears in the Canon Law) sometimes would not build Churches, except they and their successors (whom in charity they hoped would prove as godly and religious as themselves to withstand the encroaching Prelates who foisted in so many lewd Priests) might have the nomination and putting in of one Minister or Rector so called, and the very Pope's 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'ss deers. par. 3. a● confecr. didst. 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 thereby they may keep under in bondage and drudgery their five-pound journeymen) even i● (which they say is established by Parliament) allows in all Churches in England (for the book is generally imposed) Pastors and Curates, R●●n. to Priu. Bapt. and the Curate of every Parish (besides whom the Patron will f●●d a Rector) shall diligently upon Sundays instruct and examine so many children of this Parish, Pubr. of Confirm. and yet be cannot be the Parson, (who in all law and in common speech is another title, and another power and privilege) So I by these Guardians or Wardens, who are in every Parish at least two, with consort of the people should nominate the other upon every lawful vacation, which is only 1. by ●●ath. 2. By legal deprivation. Or 3. By voluntary resignation or departure to another living, although indeed the Bishops from the people's commendation had the legal approbation and admittance, as to whom it belonged to see that no ignorant, unable, unworthy, or unfit person should through the people's ignorance be brought-in by friendship, Churchwardens may keep out any Parson's journy-man, for not the Parson, but the Bish. hath power to put in or put out a Minister, eve the ●urat should n●● come in by the Parson. flattery or any sinister meres: 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 Archbishop 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 Churchwardens shall receive no man, neither Parson nor Vicar to the ministry 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 Curate, except he be commended to that Church by name under the hand and Seal of the bishop, nay even the Prelates own chief Canons at their Synod at London, 1603. (For I hope I may be allowed to cut-off Goliahs' head with his own Sword) do not only give leave, but express command, That neither * Every beneficed reacher being enjoined by the 45 Canon to preach one Sermon every Sund. and more they will not do 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, Churchwardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chapels, but such as shall appear unto them to be sufficiently authorized thereunto. Canon 50. These grounds considered and compared, seem 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 Synagogue; 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 aught appears contrary, but Act. 13.15. it is manifest that in one Synagogue there were 3, 4. or more, for the word is not the dual, but the plural number 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The Rulers of the Synagogue sent unto them to preach, whence it is evident they were many, and jointly 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 seems 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 seems to admit thereof, but of these, as also of our Parsons, Vicars, Curates and Lecturers their right and standing divine or humane with the intolerable * As 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 God's assistance, and in the mean time, I shall bid the Christian Reader hearty to farewell. London April 3. 1643. FINIS.