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Consulted by ye Vestry on this occasion: the Attorney
Gen11, the Solr Gen", Mr. Annesley and Mr. Ward.
But if the Vestry shall decline any manner of Referrence and
choose rather to have this matter Judicially determined, the
Bishop hopes and desires that the Cause may be Carryed on
as amicably and with as little delay as possible.
Resolved that it is ye opinion of this Vestry that the right
of choosing Parish Clerk is so well warranted by the
Precedents upon their Books y' they cannot think it
reasonable to give up y' right without a Legall Determination
but y' according to the Lord Bishop of Rochester's
Proposall this Vestry is very desirous that the cause may
be carried on amicably and with as little delay as Possible
and are ready to enter into measures to try it by Consent
of both Parties.
So far the controversy had only extended over a month.
Counsel were now instructed on both sides, and a delay of
three months follows:—
Sunday, December 13, 1713. The Churchwardens presented to
this Vestry a Monition from the Comisary of the Ecclesiastical
Court of the Dean and Chapter of Westmr wcl was
served on them on Thursday the 10th instant, wch Monition
was in the words following, Viz': to Michael Tanner one of
the Churchwdns of the Parish of St. Marg'8 Westmr in the
County of Middx by Virtue of the Monition herewith shown
to you under Seal I monish you to bring into and leave in the
Registry of ye Dean and Chapter Court of Westmr on or
before the 14th day of this Inst Decembr all the Vestry books
belonging to the Parish of St. Marg's Westminster aforesaid
under pain of the Law and your Contempt herein and further
to do and Receive as to Law and Justice shall appurtain and
the like directed in the same words to Francis Mackreth the
other Churchwdn.
Upon reading whereof the Vestry came to the Resolution
following
Resolved that it is the declared opinion of this Vestry that no
Vestry Books be taken or delivered out of this Vestry but by
Order of Vestry.
The record of the dispute extends over more than twenty
pages of the minutes, so that further tracing the matter
here in its various stages is forbidden. Suffice it to say
that the judgment of the Court was for the Vestry.
While the foregoing suit was pending, a futile effort was
made by the Dean and Chapter to appoint a Sexton. The
Vestry sustained their right without litigation:—