Peers, Sheriffs, Clergymen, Members of the House of Commons, Magistrates, Barristers and Solicitors, Physicians and Surgeons, Dissenting Ministers, Officers in the Navy or Army on full pay, men in the Militia or Army Reserve, Registrars of Births, Deaths,
and Marriages, Officials of the Customs, Excise, or Post Office, and those already acting as Churchwardens elsewhere.
With these exceptions the law of the land is that, if a householder dwelling in the parish be legally elected to the office, he must serve as Churchwarden. In old parishes dissenters, if elected, may appoint a deputy to be approved of by the Vestry. [4] But in parishes formed under the Acts 1 and 2, Will. IV, c. 38, sec. 16; 6 and 7 Vict., c. 37, sec. 17; or 19 and 20 Vict., c. 104, which re-enacts 6 and 7 Vict., c. 37, sec. 17, with reference to this point, it is expressly en-acted that Churchwardens must be Churchmen. Churchwardens ought to be elected in new parishes twenty-one days after the consecration of the Church thereof.
Females, although there has been no legal decision authorising their appointment, are occasionally, if otherwise eligible, appointed to serve the office, but it is not likely that the Courts, if called upon, would be so
ungallant as to compel a female householder, if elected, to serve against her will.
In my own Archdeaconry there are several ladies who have been elected Churchwardens, and they do their duty right well.
A Churchwarden must be resident in the parish for which he is elected to serve. The contrary has been held to be the law for some years past, but a decision of the Court of Queen’s Bench, reported in the Times of Nov. 20th, 1889, decides absolutely that both in new and old parishes none but residents are qualified to serve as Churchwardens. [5]
With reference to this point, the following memorandum has been issued for use in the diocese of Rochester by Chancellor Dibden:—
It is desirable, wherever practicable, to be careful that the persons chosen “live” in the parish. It sometimes happens, however, that it is difficult to find suitable persons inside, and the parish wish to appoint an outsider. This should never be done if objection is raised even by a single parishioner, because the appointment is technically faulty, and could be set aside on mandamus on the application of even one individual. If, however, the parish vestry are unanimous, and the appointment is desirable in other respects, no harm will ensue from the fact that the chosen churchwarden is technically ineligible. Unless and until his position is challenged, as by a mandamus, he will have the same powers and rights as any other Churchwarden. For the election of a disqualified person as Churchwarden is not absolutely ineffective, but the person so elected, when once admitted, can do all lawful acts belonging to the office until he has been displaced.
The 90th canon of 1603 (which is the date of the setting forth of the existing code of canons) directs that “the choice of . . . Churchwardens, or Questmen, Sidesmen, or Assistants, shall be yearly made in Easter week.” An election at any other time is valid in law. [6]