A church dictionary

by Walter Farquhar Hook

Where the penalty is not limited, the same is arbitrary (saith Lyndwood): but this cannot intend here (he says) the penalty of excommunication; inasmuch as it concerneth the parishioners ut universos, as a body or whole society, who are bound to the fabric of the body of the church: for the pain of excommunication is not inflicted upon a whole body together, although it may be inflicted upon every person severally who shall be culpable in this behalf. And the same may be observed as to the penalty of suspension which cannot fall upon the parishioners as a community or collective body. Yet the archdeacon in this case, if the defect be enormous, may enjoin a penalty, that, after the limited time shall be expired, Divine service shall not be performed in the church, until competent reparation shall be made; so that the parishioners may be punished by suspension or interdict of the place. But if there are any particular persons who are bound to contribute towards the repair, and although they be able, are not willing, or do neglect the same, such persons may be compelled by a monition to such contribution, under pain of excommunication, that so the church may not continue for a long time unrepaired, through their default.—Lyndw.

But this was before the time that churchwardens had the special charge of the repairs of the church; and it seemeth now that the process shall issue against the churchwardens, and that they may be excommunicated for disobedience.

Stratford. Forasmuch as archdeacons and other ordinaries in their visitations, finding defects as well in the churches as in the ornaments thereof, and the fences of the churchyard, and in the houses of the incumbents, do command them to be repaired under pecuniary penalties; and from those that do not obey do exact the same penalties by censures, wherewith the said defects ought to be repaired, and thereby enrich their own purses to the damage of the poor people; therefore that there be no occasion of complaint against the archdeacons and other ordinaries and their ministers by reason of such penal exactions, and that it becometh not ecclesiastical persons to gape after or enrich themselves with dishonest and penal acquisitions; we ordain, that such penalties, so often as they shall be exacted, shall be converted to the use of such repairs, under pain of suspension ab officio which they shall ipso facto incur, until they shall effectually assign what was so received to the reparation of the said defects.—Lyndw.

By Canon 86. “Every dean, dean and chapter, archdeacon, and others which have authority to hold ecclesiastical visitations by composition, law, or prescription, shall survey the churches of his or their jurisdiction once in every three years, in his own person, or cause the same to be done.”

And by the said canon they were required, from time to time, to certify the high commissioners for causes ecclesiastical, every year, of such defects in any of the said churches as he or they should find to remain unrepaired, and the names and surnames of the parties faulty therein. Upon which certificate the high commissioners were desired by the said canon, ex officio mero, to send for such parties, and compel them to obey the just and lawful decrees of the ecclesiastical ordinaries making such certificates. But by the 16 Car. I. c. 11, the High Commission Court was abolished; so that the cognizance thereof now resteth solely upon the ecclesiastical judge.

By the statute of Circumspecte agatis, (13 Edward I. st. iv.,) “If prelates do punish for that the church is uncovered, or not conveniently decked, the spiritual judge shall have power to take knowledge, notwithstanding the king’s prohibition.”

“The Church.” This is intended not only of the body of the church, which is parochial, but also of any public chapel annexed to it; but it extendeth not to the private chapel of any, though it be fixed to the church, for that must be repaired by him that hath the proper use of it, for he that hath the profit ought to bear the burden.

Canon 85. “The churchwardens or questmen shall take care and provide, that the churches be well and sufficiently repaired, and so from time to time kept and maintained, that the windows be well glazed, and that the floors be kept paved, plain, and even.”

If the churchwardens erect or add anything new in the church, as a new gallery where there was none before, they must have the consent of the major part of the parishioners, and also a licence of the ordinary.

But as to the common reparations of the fabric or ornaments of the church, where nothing new is added or done, it doth not appear that any consent of the major part of the parishioners is necessary; for to this the churchwardens are bound by their office, and they are punishable if they do it not. (See however Rate.)