cular statutes, which
ordain, that such as serve a church during it's vacancy shall be paid
such stipend as the ordinary thinks reasonable, out of the profits of
the vacancy; or, if that be not sufficient, by the successor within
fourteen days after he takes possession[a]: and that, if any rector or
vicar nominates a curate to the ordinary to be licenced, the ordinary
shall settle his stipend under his hand and seal, not exceeding 50_l._
_per annum_, nor less than 20_l._ and on failure of payment may
sequester the profits of the benefice[b].

[Footnote z: 1 Burn. eccl. law. 427.]

[Footnote a: Stat. 28 Hen. VIII. c. 11.]

[Footnote b: Stat. 12 Ann. st. 2. c. 12.]

THUS much of the clergy, properly so called. There are also certain
inferior ecclesiastical officers of whom the common law takes notice;
and that, principally, to assist the ecclesiastical jurisdiction,
where it is deficient in powers. On which officers I shall make a few
cursory remarks.

VII. CHURCHWARDENS are the guardians or keepers of the church, and
representatives of the body of the parish[c]. They are sometimes
appointed by the minister, sometimes by the parish, sometimes by both
together, as custom directs. They are taken, in favour of the church,
to be for some purposes a kind of corporation at the common law; that
is, they are enabled by that name to have a property in goods and
chattels, and to bring actions for them, for the use and profit of the
parish. Yet they may not waste the church goods, but may be removed by
the parish, and then called to account by action at the common law:
but there is no method of calling them to account, but by first
removing them; for none can legally do it, but those who are put in
their place. As to lands, or other real property, as the church,
church-yard, &c, they have no sort of interest therein; but if any
damage is done thereto, the parson only or vicar shall have the
action. Their office also is to repair the church, and make rates and
levies for that purpose: but these are recoverable only in the
ecclesiastical court. They are also joined with the overseers in the
care and maintenance of the poor. They are to levy[d] a shilling
forfeiture on all such as do not repair to church on sundays and
holidays, and are empowered to keep all persons orderly while there;
to which end it has been held that a churchwarden may justify the
pulling off a man's hat, without being guilty of either an assault or
trespass