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A81407 The right and legall church-warden. Declaring and expressing their lawfull admittance unto the said office by the choice and appointment of the lord major and aldermen of London, the majors, and bailiffs of cities and corporations and by the justices of peace in each county through England, so that they may be legally authorized without any future dependance on the prelates. In a petition exhibited with all due respect unto the right honourable the lord major and aldermen of London. / By Rich. Dey minister of the Gospell. Dey, Richard. 1643 (1643) Wing D1286; Thomason E95_5; ESTC R13771 6,233 8

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THE RIGHT AND LEGALL CHVRCH-WARDEN Declaring and expressing their lawfull admittance unto the said office by the choice and appointment of the Lord Major and Aldermen of London the Majors and Bailiffs of Cities and Corporations and by the Justices of peace in each County through England so that they may be legally authorized without any future dependance on the Prelates In a Petition exhibited with all due respect unto the right Honourable the Lord Major and Aldermen of London By Rich. Dey Minister of the Gospell LONDON Printed for Thomas Vnderhill at the Signe of the Bible in Wood-street 1643. The right and legall CHURCHWARDEN To the Right Honourable the Lord Major of the City of London and the right worshipfull his Brethren the Aldermen of the same The Petition of Richard Dey Clerke c. WHereas the long abuse of some ecclesiasticall laws the remedy whereof we find to be difficult especially the same being mannaged by corrupt persons whose abusive practises are so much the worse by how much the more power authority such persons have to disburden their Malignant disposition either in Church or Common-wealth by the discords and distractions of the Church have produced many distempers and disturbances in the Common-wealth which tend to destructive effects if not warily and timely prevented so that the abuse of such Laws by such abusive persons having already effected so much evill is very likely to produce much more which thoughts are sufficient instigations to stir-up every good Subject in his place to use his utmost indeavour to hinder the growth of so great mischiefe And forasmuch as we find it so exceedingly difficult not only to rectifie old bad Laws degenerated into worse customes but also to obtaine any better new we have the more reason to reflect our thoughts upon the persons who are to have the management therof which by custom and constitution of some offices may be more changeable from bad to better persons who like good Bees may gather the hony from those flowers of Law now in force where formerly Spiders have gathered poyson that so the venome of every bad custome may be mollified by the dexterity of those that have the guidance And whereas there is an happy concurrence in the civill government of this City by the blessing of God and speciall care of good Citizens in their late more then ordinary regard according to their right and priviledge to choose good and well-affected Aldermen and Common-councell men so not only the said Common-councell and other Governours will be much strengthned and well assisted but also the generall unity and unanimous concurrence of this whole body politicke will be marvellously augmented if the like industry and speciall care be had that none but such as are very well known to be solidly discreet and well affected m●n be chosen and nominated to that ancient commendable and very usefull office of Church-warden an office which as it is much countenanced both by the common Statute and Ecclesiasticall Laws yet in being so hath it exceeding much influence upon the publick-weal as relating both to Church and Common-wealth and concerning all mens Religion persons and estates whether rich or poore in every Parish To this end therfore your Petitioner is submissively bold to present unto your grave wisdoms his desire that the good Statute enacted by Parli●ment in the 43 year of Q. Eliz●beth of happy memory 43. Eliz. c. 2. intituled An Act for the relief of the poore may be put in due execution as concerning the nomination of Church warden● and Over-seers who are to be nominated yearly in Easter-week or within one mon● after Easter under the hand and Seal of two or more Justices of Peace in the same County whereof one to bee of the Quorum dwelling in or neere the same Parish or division where the same Parish doth lye and under the hands and Seales of the Majors The subtilty and audacious boldnes of Prelats to make a Canon against a Sta●ute cōtrary to 2● H. 8 c 1● and to take that opportunity the Kingdom being full of busines and the Parliament unwilling to offend and dis●lease the new King o● wrangle with the Clergy to make it so plausible that ●e would willingly obey it Bailiffes or other Head-officers of every Town and place corporate and City within this Realme being Justice or Justices of Peace and likewise under the hand and Seale of every Alderman of the City of London within his ward as by the said Act more at large may appeare though it have bin much neglected and in that point long disused by the subtill practises of the Prelates who within a yeare or two after the making therof viz. in the first yeare of K. James of famous memory made and ordained a Canon in their Synod or Convocation at London 1603. That all Church-wardens or Questmen in every Parish shall be chosen by the joynt consent of the Minister and Parishioners if it may be but if they cannot agree upon such a choice then the Minister shall choose one and the Parishioners another and without such a joynt or severall choice none shall take upon them to be Church-wardens c. Can. 89. by which crossing Canon the practise and custom of the said Statute is nullified and therfore the Petitioners desire is that the said Act may be so put in due execution in point of nomination of the said Church-wardens and Overseers that whether they be chosen by the major or minor part of Parishion●rs or other wise by the Minister yet by the advice and assistance of the Common-councell men of the severall Parishes they may be approved and nominated as afore-said by each Alderman in his ward under hand and Seale according to the tenour of the said Statute and that none may be so nominated who are not known to be of sound discretion and well-affected And your Petitioner shall be the more engaged to pray for a blessed successe both of this and other your pious endeavours for the good of Christs Church and people c. Now concerning the ground of this Petition two things are very considerable 1. Whether this Statute be in force 2. Whether this be the true sense and meaning of it 1. This Statute being apparantly the same in substance only amended enlarged and explained but very little changed with another of the same title and nature made the 39 yeare of her raigne and made only to endure till the end of the next Session of Parliament which was in the 43. yeare of her raigne at which time instead of reviving it againe this was made out of the other and made likewise to endure no longer then to the end of the next Session of Parliament which was in the first yeare of King James of happy memory at which time the Prelates made the 89 Canon and the Parliament cap. 25. continued this Statute with an addition to the end of the first Session of the next Parliament and the