They do not always appear in
small country parishes, neither are they generally found before the
latter half of Elizabeth's reign. Their Latin appelation was "_fide
digni_" and they were chosen from among the parishioners to the number
of two, four, six or more to present offences along with the
churchwardens, or offences which the wardens would not present
(Gibson, _Codex_, ii, 1000). The sidemen went about the parish during
service time with the wardens and warned persons to come to church
(See p. 23 _infra_). For rector, etc., see p. 30 _infra_.
[18] Toulmin Smith, _The Parish_ (2d ed., 1857), 69 ff., strongly
insists that churchwardens "never were ecclesiastical officers." But
the authorities he cites are post-Elizabethan. The courts in
Elizabeth's time held that the execution of the office "doth belong to
the Spirituall jurisdiction" (See Brown v. Lother, 40 Eliz., in _J.
Gouldsborough's Rep_., ed. 1653, p. 113). Lambard (_The Duties of
Constables_, etc., ed. 1619, p. 70) says that wardens are taken in
favor of the church to be a corporation at common law for some
purposes, viz., to be trustees for the church goods and chattels.
[19] See "The Othe which the Parsons ... shall minister to the Churche
Wardens," of which the text is given in Bishop Barnes' Injunctions and
other Ecclesiastical Proceedings, _Surtees Soc_.
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