reaſons[1] exempted from the ſtatute of Hen. IV) but, inſtead thereof, ſuch perpetual curate is appointed by the appropriator. With regard to the other ſpecies of curates, they are the objects of ſome particular 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[2]: 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 50𝑙. per annum, nor leſs than 20𝑙. and on failure of payment may ſequeſter the profits of the benefice[3].
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[4]. 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;
