The King against Churchwardens of Kingscleere
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 432
COURT OF KING'S BENCH
[18] term. sanct. mich. anno 23 car. II. in banco regis. the king against churchwardens of kingscleere. A mandamus for a sexton, steward of a court-baron, &c. 1 Vent. 143, 153. 1 Keb. 286. 2 Keb. 802. A mandamus was moved for, the last day of the term by George Stroud, to restore the sexton of the parish, and day was given till the first day of this term to shew cause to the contrary. And now 'twas moved by Levinz, that this office did not concern the public, and this Court therefore cannot take notice of it, as they might of a constabk, who is an officer concerned in the peace, or of a church-warden, who has the ordering of the goods of the church, or of the parish clerks, who are to keep the ornaments of the church, and to register the baptisms and funerals: but the sexton is only to ring the bells and dig the graves, and is only an officer at will, as the cowherd or swineherd of a village; arid Trin. 1655, 'twas doubted if it lay for a schoolmaster, because private, and not concerning the public; for then 'twas held, that a mandamus lay only for officers which concern the public, as for a steward of a leet, not for the steward of a court-baron. But Hale Chief Justice said, that it 2LEV.19. MICH. 23 CAR. II. IN B. R. 433 lay for the steward of a court-baron, if he be not at will only, because he is an officer of justice; and now a certificate being brought from the minister of the parish, and divers of the parishioners, that...
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