A church dictionary

by Walter Farquhar Hook

In the year 1818 was passed the 58 Geo. III. c. 69, making general regulations for the holding of vestries, and this act was amended next year by the 59 Geo. III. c. 85. In the same year was passed the 59 Geo. III. c. 12, commonly called Sturges Bourne’s Act, authorizing the formation of select vestries for the management of the relief of paupers; but that is superseded by the Poor Law Amendment Act of 1834.

The 1 & 2 Wm. IV. c. 20 is an important act relating to vestries, commonly called Hobhouse’s Act. It authorizes, upon the petition of a certain number of parishioners paying rates, the formation of a representative select vestry. To 1000 ratepayers 12 representatives are allowed; above 1000, 24; above 2000, 36; and so on, allowing 12 additional representatives for every additional 1000 ratepayers, until the number of the select vestry reaches 120, which is the limit of elected members. There are others ex officio, including the clergy of the district. Section 40 of this act saves all ecclesiastical jurisdiction, and provides that the act shall not invalidate or avoid any ecclesiastical law or constitution of the Church of England, save as concerns the appointment of vestries.

A series of church-building acts, eighteen in number, were passed between 1818 and 1848, beginning with the 58 Geo. III., and ending with the 11 & 12 Vict. They contained clauses which provided for the formation of select vestries in the new ecclesiastical districts constituted by those acts. In 1851 came the 14 & 15 Vict. c. 97, which enumerates all these acts, and by section 20 not only forbids the formation of select vestries in new districts to be formed, but abolishes all those which had been formed under the acts enumerated.

By the Metropolitan Burials Acts of 1852, (15 & 16 Vict. c. 85, amended and extended by 16 & 17 Vict. c. 134,) new and important duties were thrown upon vestries. It is therein provided, that, upon the requisition in writing of ten or more ratepayers of any parish in the metropolis in which the place or places of burial shall appear to such ratepayers insufficient or dangerous to health, (and whether any order in council in relation to any burial ground in such parish has or has not been made,) the churchwardens or other persons to whom it belongs to convene meetings of the vestry of such parish, shall convene a meeting of the vestry, for the special purpose of determining whether a burial ground shall be provided under this act for the parish; and public notice of such vestry meeting, and the place and hour of holding the same, and the special purpose thereof, shall be given in the usual manner in which notices of the meetings of the vestry are given, at least seven days before holding such vestry meeting; and if it be resolved by the vestry that a burial ground shall be provided under this act for the parish, a copy of such resolution, extracted from the minutes of the vestry, and signed by the chairman, shall be sent to one of her Majesty’s principal secretaries of state.

In case of such resolution as aforesaid, the vestry shall appoint not less than three, nor more than nine persons, being ratepayers of the parish, to be the burial board of such parish, of whom one third, or as nearly as may be one third, (to be determined among themselves,) shall go out of office yearly, at such time as shall be from time to time fixed by the vestry, but shall be eligible for immediate re-appointment: provided always, that the incumbent of the parish shall be eligible to be appointed and re-appointed from time to time as one of the members of the said board, although not a ratepayer of the parish; provided also, that any member of the board may at any time resign his office, on giving notice in writing to the churchwardens or persons to whom it belongs to convene meetings of the vestry.

Any vacancies in the board may be filled up by the vestry when and as the vestry shall think fit.

The board shall meet at least once in every month at their office, or some other convenient place, previously publicly notified, and the said board may meet at such other time as at any previous meeting shall be determined upon; and it shall be at all times competent for any two members of the board, by writing under their hands, to summon, with at least forty-eight hours’ notice, the board for any special purpose mentioned in such writing, and to meet at such times as shall be appointed therein.

At all meetings of the board, any number not less than three members of such board shall be a sufficient number for transacting business, and for exercising all the powers of the board.

The board shall appoint, and may remove at pleasure, a clerk, and such other officers and servants as shall be necessary for the business of the board, and for the purposes of their burial ground; and, with the approval of the vestry, may appoint reasonable salaries, wages, and allowances for such clerk, officers, and servants, and, when necessary, may hire and rent a sufficient office for holding their meetings and transacting their business.

Entries of all proceedings of the board, with the names of the members who attend each meeting, shall be made in books to be provided and kept for that purpose, under the direction of the board, and shall be signed by the members present, or any two of them; and all entries purporting to be so signed shall be received as evidence, without proof of any meeting of the board having been duly convened or held, or of the presence at any such meeting of the persons named in any such entry as being present thereat, or of such persons being members of the board, or of the signature of any person by whom any such entry purports to be signed, all which matters shall be presumed until the contrary be proved; and the board shall provide and keep books in which shall be entered true and regular accounts of all sums of money received and paid, for or on account of the purposes of this act in the parish, and of all liabilities incurred by them for such purposes, and of the several purposes for which such sums of money are paid and such liabilities incurred.