Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/411

 Ch. 11. but if any damage is done thereto, the paron only or vicar hall have the action. Their office alo is to repair the church, and make rates and levies for that purpoe: but thee are recoverable only in the eccleiatical court. They are alo joined with the overeers in the care and maintenance of the poor. They are to levy a hilling forfeiture on all uch as do not repair to church on undays and holidays, and are empowered to keep all perons orderly while there; to which end it has been held that a churchwarden may jutify the pulling off a man's hat, without being guilty of either an aault or trepas. There are alo a multitude of other petty parochial powers committed to their charge by divers acts of parliament.

VIII. clerks and extons are alo regarded by the common law, as perons who have freeholds in their offices; and therefore though they may be punihed, yet they cannot be deprived, by eccleiatical cenures. The parih clerk was formerly very frequently in holy orders; and ome are o to this day. He is generally appointed by the incumbent, but by cutom may be choen by the inhabitants; and if uch cutom appears, the court of king's bench will grant a mandamus to the arch-deacon to wear him in, for the etablihment of the cutom turns it into a temporal or civil right. Rh