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 THE LAWS 
 
 RESPECTING 
 
 PEWS OR SEATS IN CHURCHES. 
 
 COMPILED 
 
 BY H. S. ENGLISH, ATTORNEY. 
 
 LONDON: 
 
 JOHN HATCHARD AND SON, PICCADILLY; 
 J. BUTTERWORTII AND SONS, 
 
 FLEET STREET. 
 1826.
 
 T 
 
 2. 
 
 LONDON: 
 IBOTSON AND PALMER, PRINTERS, SAVOY STREET, STRAND. 
 
 3-30-4?
 
 TO 
 
 MR. CHARLES MARGETTS, 
 
 OF HUNTINGDON, 
 THIS COMPILATION, 
 
 CONNECTED IN SOME DEGREE WITH THE 
 
 REGISTRY OP A SPIRITUAL COURT, 
 
 IS PRESENTED BY 
 
 HIS OBLIGED FRIEND 
 
 AND SERVANT 
 
 H. S. ENGLISH. 
 
 29, Lombard Street, 
 1st June, 1820.
 
 IN the following sheets I propose to bring toge- 
 ther, from the various authorities, the law re- 
 specting pews or seats in churches. 
 
 As there is not at present any separate volume 
 on this subject, and such a work seems within 
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 not altogether fail of producing something useful 
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 I shall be careful above all things to avoid 
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 taking notice of the authorities on both sides. 
 Should another edition be called for, I shall 
 spare no pains to improve it. 
 
 The order I have prescribed to myself is this : 
 First, to notice the Church, with its appendages, 
 including the seats : Secondly, the provisions 
 for its repairs : Thirdly, the titles to seats, by 
 prescription; by faculty ; by general custom; 
 by particular custom : Fourthly, the remedies 
 against intruders for illegal occupation, by the
 
 VI 
 
 ordinary, by the parlies disturbed: Fifthly, 
 the remedies against the ordinary for illegal dis- 
 position : Sixthly, chapels : Seventhly, sec- 
 tions of the new church acts of 58 and 59 Geo. 
 3. and 3 Geo. 4. which extend to old churches. 
 And in an Appendix to abridge those acts and 
 the act 5 Geo. 4. as far as they relate to pews. 
 
 I have used in most cases the words of my 
 authorities ; and where they are not named, 
 they are generally Sir Simon Degge's Parson's 
 Councillor (5th edition), Nelson's Rights of the 
 Clergy (3d edition), and Shaw's Parish Law 
 (4th edition.)
 
 CONTENTS. 
 
 Page 
 CHAP. I. On the Church itself, with its appendages, 
 
 including the Seats 1 
 
 CHAP. II. On the Provisions for Repairs .... 16 
 CHAP. III. On the title to Seats by Prescription ; 
 
 by Faculty ; by General Custom ; by Particular 
 
 Custom ' 61 
 
 CHAP. IV. On the Remedies against Intruders for the 
 
 illegal occupation of Seats 78 
 
 CHAP. V. On the Remedies against the Ordinary for 
 
 the illegal disposition of Seats 84 
 
 CHAP. VI. On Chapels 89 
 
 CHAP. VII. Sections of the New Church Acts which 
 
 extend to Old Churches 100 
 
 APPENDIX .111
 
 CHAP. I. 
 
 ON THE CHURCH ITSELF, WITH ITS APPENDAGES, 
 INpLUDINO THE SEATS. 
 
 And First, of the Church. 
 
 IT was not till long after the first preaching of 
 Christianity in this country that parishes, ac- 
 cording to the present acceptation of the word, 
 were known. The first bishops amongst the 
 Britons presided over large districts, where the 
 villages were few, and the soil little cultivated. 
 Each of these districts was called a parish or 
 diocese, and into the treasury of its church were 
 paid all oblations and other ecclesiastical dues : 
 these were divided by the bishop or his officers 
 into four parts one whereof was applied to the 
 maintenance of the ministry, another to the use 
 of the poor, another to the reparation of the 
 
 B
 
 church, and the fourth 'to the bishop himself. 
 This custom continued in certain places in the 
 north of Germany, and in Holland, down to the 
 Reformation. 
 
 The number of Christians increasing, it be- 
 came necessary to build other churches, and 
 divine service was performed in such churches 
 by Presbyters chosen for the purpose by the 
 bishops ; but though these lesser churches were 
 built as convenience required, in places remote 
 from the mother church, the ministers continued 
 to reside at the head church, to which alone the 
 tithes and other dues were paid as before. 
 
 This seems to have been the order of things 
 amongst us at the coming in of the Pagan 
 Saxons, under whom all traces of Christianity 
 were in a manner lost ; but on the conversion of 
 some of the Saxon princes, the ruined churches 
 of the British Christians were it seems restored, 
 and others built as well by the missionary clergy 
 as by their converts ; and the division of the 
 country into dioceses or bishop's parishes being- 
 revived, the ancient plan for maintaining the 
 church was for a time re-established ; but 
 churches were still so uncommon, that the 
 people worshipped God in the open air in places
 
 I 
 
 marked out for the purpose by the erection of a 
 cross. 
 
 About this time King Ethelbert built two new 
 churches, and incited his nobility by his example 
 to build others; and one Birinus, an Italian, 
 sent hither by Pope Honorius, built a church at 
 Dorchester, in Oxfordshire, which long remained 
 a cathedral church. The state of an ambulatory 
 clergy being found inconvenient, small bodies of 
 priests were settled by the bishops in some of 
 the new churches scattered over their several 
 dioceses, which bodies being afterwards enriched 
 by the beneficence of laymen, rose into conse- 
 quence under the name of conventual and colle- 
 giate churches, abbies, and monasteries. 
 
 And now, though not yet common, began the 
 institution of our parishes, i. e. about 622 years 
 after Christ, or a little later. For to some of 
 the new churches the bishops appropriated a 
 certain part of the tithes, payable in the neigh- 
 bourhood of the new church, for the maintenance 
 of the priest he placed there ; the bishop himself 
 appointing as well the portion of tithes as the 
 limits of the lands to which the church should 
 belong ; and this was done at the dedication of 
 the new church to some saint. 
 
 B 2
 
 But when a church was built by a layman for 
 the convenience of himself and his tenants, and 
 by the bishop's appointment had a minister 
 settled amongst them, such church could not be 
 legally consecrated without the allotment of a 
 manse, or house and glebe, generally made by 
 the lord of the manor, who thereby became 
 patron of the church. Other persons at the 
 time of dedication often contributed small por- 
 tions of ground, sometimes within the manor, 
 and sometimes at a distance. 
 
 The lords of manors, at their first building 
 of churches, often allotted no more than one 
 third of their tithes to the parish priest, and 
 kept the other two parts in their own hands for 
 the use of the church and poor, till by degrees 
 they either paid the other two parts to the 
 priest, or else with the bishop's consent, assigned 
 them to some religious house. The bishop was 
 not obliged to consecrate a new church, and if 
 consecrated, it was in his power to assign to it a 
 right of burial, which settled it as a parish 
 church ; or to withhold it, in which case it Be- 
 came a chapel. A law of King Edgar, made 
 about 670, obliged the lord of a manor who had 
 within his fee a church with a burial place, to
 
 pay to such church one third of his tithe ; but 
 if the church had no privilege of burial, he was 
 to pay his full tithe to the bishop, and maintain 
 the chaplain besides. 
 
 Above !200 years after the conversion of the 
 Saxons, Bede complained to Egbert, Archbishop 
 of York, of the great want of parochial settle- 
 ments, or rural churches. 
 
 Until consecration, the law takes no notice of 
 new churches as churches, nor have they any 
 privileges as such, nor are the sacraments to be 
 administered in them; and before consecration 
 they must be endowed. And not only the 
 bishop, by refusing to consecrate, may hinder 
 the establishment of a new church or chapel in 
 any parish ; but also any other person thinking 
 himself injured thereby, as by encroaching upon 
 his ground, stopping his way, or the like, may 
 apply to the temporal courts, who, as they see 
 cause, will grant him redress. 
 
 The church consists of three principal parts ; 
 the belfry or steeple ; the body of the church, 
 with the aisles and public chapels; and the 
 chancel. 
 
 The freehold of the whole church and church- 
 yard is in the rector where tin? living is not
 
 iinpropriate ; in the vicar where the living is an 
 iinpropriate rectory, Shaw 17, 79; and in the 
 lay-rector or impropriator, as it seems, where 
 it is a donative or perpetual curacy. See the 
 authorities on this subject in Blackst. and Shaw. 
 And these may bring actions for trespass done 
 therein. And as to actions by churchwardens, 
 see Watson, c. 39. 
 
 The body of the church, the belfry, and all 
 public and common chapels within or adjoining 
 to the church, are by the laws and customs of 
 England, to be re-edified, maintained, and re- 
 paired at the charge of the parishioners and 
 landholders within the parish. And herein the 
 common law and custom of England are kinder 
 to the clergy, says Sir Simon Degge, than those 
 of other countries, where the whole charge lies 
 upon the incumbent ; but these repairs, as well 
 as the repairs of the chancel, will be treated of 
 in the next chapter. 
 
 As it is not the compiler's object to enlarge 
 on the subject of the present division, he begs 
 to refer those desirous of information herein to 
 the appropriate titles in Sir Simon Degge, 
 Nelson, and Shaw, and the authorities there 
 cited.
 
 Secondly, of the Pews or Seats. 
 
 As to the structure of the pews or seats 
 within the church ; " They are built for the 
 ease of the parishioners to sit, kneel, and stand 
 in for the hearing the word of God read and 
 preached, and joining in prayers and other reli- 
 gious duties with the other parishioners. 
 
 " They are to be built and repaired, as the 
 church is to be, at the general charge of the 
 parishioners, unless any particular person be 
 chargeable to do the same by prescription. 
 
 " The seats ought to be regular, and of a 
 moderate height, that the behaviour of the pa- 
 rishioners may the better be observed; and if 
 any body of their own heads shall presume to 
 build any seat in the church without the license 
 of the ordinary, or the consent of the minister 
 and churchwardens, or in any inconvenient 
 place, or too high, it may be pulled down by 
 order from the bishop or his archdeacon, or by 
 the churchwardens, by the consent of the in- 
 cumbent [parson], for in him are the freehold of 
 the church, and all things annexed to it : and 
 therefore if any one presume to cut or pull 
 down any seat annexed to the church, he may
 
 8 
 
 have an action of trespass against the miscloer 
 (though he formerly set it up) if he do it without 
 his consent, or order from the ordinary ; but if 
 the seat be set loose, he that built it may remove 
 it at his pleasure as I conceive, Contra, stat. 10 
 H. 4. and see Watson, c. 39. 
 
 " But though the freehold of the church be in 
 the incumbent, yet he cannot pull down any of 
 the seats anciently erected or of late erected, 
 but by license from the bishop, or by the con- 
 sent of the churchwardens. 
 
 (< If any seats annexed to the church be pulled 
 down, the property of the materials is in the in- 
 cumbent, and he may make use of them if they 
 were placed in the church by any one of his own 
 head without legal authority ; but for the seats 
 erected by the parishioners by good authority, 
 I take it, the property of the materials upon 
 removal is in the parishioners." Degge, 171, 
 172. 
 
 As to Degge's opinion above stated, that the 
 person placing in the church a seat not annexed 
 to the freehold may remove it at his pleasure, 
 Shaw, (p. 76, 4th edition,) gathers from various 
 authorities that such a moveable seat becpmes 
 part of the goods and utensils of the church.
 
 9 
 
 The seats in the church are commonly divided 
 into three kinds, those in the body of the church, 
 those in the aisles, and those in the chancel ; and 
 where no particular prescriptions, grants, or 
 customs operate to the contrary, the law respect- 
 ing them is this. 
 
 And fir st y as to the Seats in the Body of the 
 Church . 
 
 The freehold of the church and the seats 
 affixed, are, as before stated, in the incumbent 
 for the time being, but not absolutely like other 
 freeholds. The church itself is dedicated to the 
 service of God, and the seats are built that the 
 people may more conveniently attend divine ser- 
 vice ; therefore where any contention is about a 
 seat in the body of the church, upon complaint 
 made to the ordinary, he may decide the contro- 
 versy, by placing that person in it whom he 
 thinks fit; and this power is conferred upon him 
 by law, because he who hath the general cure of 
 souls within his diocese, is presumed to have a 
 due regard to the qualities of the contending 
 parties, and to give precedence to him who ought 
 to have it.
 
 10 
 
 And although the seats are built aud repaired 
 at the charge of the parish, and the church- 
 wardens should prescribe that by reason thereof 
 they have been accustomed to dispose of such 
 seats to such persons as they thought fit ; yet 
 since of common right the ordinary hath the 
 disposal thereof, and by the same right the pa- 
 rishioners ought to repair them, therefore such 
 prescription shall not be allowed against his 
 jurisdiction. 
 
 But this jurisdiction extends only to placing 
 or displacing the inhabitants of the parish, for 
 the ordinary cannot grant a seat to a man and 
 his heirs, because a seat in the church properly 
 belongs to some house in the parish, and not to 
 the person, but as owner of the house ; and if 
 such grant should be good to a man and his 
 heirs, they would have the seat though they lived 
 in another parish, which is very unreasonable, 
 and contrary to the original intention of building 
 seats in churches, which was for the inhabitants 
 of the parish, that they might more conveniently 
 attend the service of the church ; and certainly 
 if the bishop cannot make such a grant, no pri- 
 vate person can, for the reasons before men- 
 tioned.
 
 
 11 
 
 But where there is no contention, and the 
 bishop cloth not interpose because there is no 
 complaint, there the minister and churchwardens 
 have power to place the parishioners in seats ; 
 and in some places the churchwardens alone 
 have that power by custom, as in London. 
 
 If a seat is built in the body of the church 
 without the consent of the bishop, the church- 
 wardens may pull it down, because it was set up 
 by a private person without the license of the 
 ordinary, Shaw 76. 
 
 Mr. Williams, in his Laws of the Clergy, 
 cites Watson, c. 39, and Gibson, 198, as autho- 
 rities that there may be a custom whereby any 
 particular number of the parishioners may have 
 the ordering of the seats without the concurrence 
 of the minister and churchwardens, as in Lon- 
 don, and by the like custom in other places ; and 
 if the ordinary interpose, a prohibition lies ; but 
 this is against principle, and therefore bad. 
 
 And if through the increase of inhabitants 
 more pews or galleries be necessary, it is said 
 the churchwardens cannot erect them of their 
 own head. Some say it cannot be done without 
 the license of the ordinary. And it is clear if 
 there be a dispute whether more pews are ne-
 
 If 
 
 cessary, or where they shall be placed, the ordi- 
 nary is sole judge in that case. But if the in- 
 cumbent, churchwardens, and parishioners do 
 unanimously agree that more pews are neces- 
 sary, and that they shall be fixed in such a place, 
 it does not seem that there is any necessity for 
 the ordinary's interposition : for there can be no 
 need of a judge where there is no controversy. 
 
 And because seats in the body of the church 
 are to be disposed of by the minister and church- 
 wardens, it was formerly held a man could not 
 prescribe for a seat there, and so expressly de- 
 cided, see More's Reports, Pym and Gor win's 
 case ; yet it was held he might prescribe for the 
 upper part of a seat there, (for priority in a seat 
 may be prescribed for as well as a seat,) and it 
 is now settled that a seat in the body of the 
 church may be prescribed for in a que estate on 
 the ground of repairing, vide post, and see the 
 case of Buxton v. Bateinan, T. T. 4 C. 2. B. R. 
 as to right by prescription. 
 
 Secondly, as to Seats in the Aisles of a Church. 
 
 It seems to have been always agreed that a 
 man might prescribe for a seat in the aisles of a 
 church, in consideration of having built and
 
 13 
 
 always repaired the same, even though he lived 
 in another parish. 
 
 The law is, that if a rnan hath a house in a 
 parish and a seat in the aisle of the church which 
 he hath repaired at his own charge, he shall not 
 be dispossessed by the bishop ; if he should, he 
 may have a prohibition, because it shall be in- 
 tended to be built by his ancestors with the con- 
 sent of the parson, patron, and ordinary, and 
 appropriated by them to his and their use ; and 
 if he is disturbed by any other person sitting 
 there, he may have an action on the case against 
 him ; but then he must prove that he repaired 
 it: and so it was adjudged between Hawtree 
 and Dee for seats in a little chapel in the north 
 part of the chancel of Pet worth in Sussex. For 
 though no man can tell the true reason of pre- 
 scriptions, yet some probable reason must be 
 alleged to gain such peculiar right, and none is 
 more probable than repairing it. And this will 
 entitle a man to a seat in an aisle, though he lives 
 in another parish, and therefore where the plain- 
 tiff sets forth that he had an ancient messuage in 
 the parish of H. and that he and all those whose 
 estate he had in the same house had a seat in the 
 aisle of the parish church of B. this is a good
 
 14 
 
 prescription for a seat in the aisle, because he or 
 they might build and repair it, though it is not a 
 good prescription to have a seat in nave ecclesia 
 of another parish. Sid. 361. 
 
 And thirdly, as to Seats in the Chancel. 
 
 The ordinary hath in general no authority to 
 place any one there, for the freehold of the whole 
 church is in the rector ; but between the body of 
 the church and the chancel there is this difference, 
 that the body is repaired by the parishioners, and 
 the chancel, not. And it is because the chancel 
 is repaired by the parson, i. e. the owner of the 
 great tithes, that he hath the chief seat in it ; 
 and repairing of the chancel is a discharge from 
 contributing to the repairs of the church, unless 
 for lands which are not parcel of the parsonage. 
 But if there be room for any other seats, the 
 bishop can grant faculties for the building and 
 disposing of them in the chancel, as well as in 
 the body of the church; and if the bishop do not 
 interpose, then the parson may dispose of the seats 
 in the chancel in the same manner as the minister 
 and churchwardens do of those in the body of 
 the church, because of his repairing it. But if 
 any controversy arise, then there lies an appeal
 
 15 
 
 to the bishop from the one as well as from the 
 other. But as to this matter, the case is very 
 peculiar in the city of London, for there the 
 churchwardens repairing the chancel, as well as 
 the body of the church, do equally dispose of 
 the seats in both ; but it must still be understood 
 with the same subordination to the bishop as in 
 other churches. But yet according to Noy, 133, 
 a man may prescribe to have a seat there, as 
 belonging to an ancient messuage. Noy's au- 
 thority is not to be depended upon when he 
 stands alone ; but the doctrine of the whole of 
 this section seems reconcileable with Gibson, 
 221, 223, 224. 
 
 Though the ordinary may never have inter- 
 fered, the churchwardens cannot prescribe for a 
 right to exclude him ; but query, if the reason 
 given in Rolle's Abridgment is a good one, i. e. 
 that churchwardens cannot inherit. There is a 
 better reason in Shaw, 75, which is, that the 
 churchwardens (and that even in London where 
 they have greater privileges) are but the officers 
 of the bishop in these respects.
 
 n; 
 
 CHAP. II. 
 
 OF THE PROVISIONS FOR REPAIRS. 
 
 IT is a general rule that the parishioners are not 
 bound to repair the chancel, but if the custom 
 has been for the parishioners, or for the estate 
 of a particular person to repair the chancel, that 
 custom shall be good. And this is the common 
 law; but there is a question where the great 
 tithes are disjoined from the spiritual incum- 
 bency, and are in the hands of a lay impro- 
 priator, as between such impropriator and the 
 vicar. This matter rests entirely on the canon 
 law. A constitution of Archbishop Winchelsea 
 ordains that the chancel shall be repaired by the 
 rectors (i. e. impropriators) and vicars, or others 
 to whom such repair belongs ; whereupon Lind- 
 wood observes that where there are both in the 
 same church they shall contribute in proportion 
 to their benefice, where there is not a certain 
 direction, order, or custom to which of them 
 such reparation shall appertain, 253.
 
 17 
 
 When lands are given to the repair of the 
 church in general, it seems reasonable that this 
 should be _ construed to extend to the repair of 
 the chancel, as well as of the rest of the church; 
 for the word church doth equally include the 
 chancel, as well as the nave or body of the 
 church ; unless the donation be to the body of the 
 church only, in which case the chancel ought 
 to be excluded. 
 
 And although churchwardens are not charged 
 with the repairs of the chancel, yet they are 
 charged with the supervisal thereof, to see that 
 it be not permitted to dilapidate and fall into 
 decay ; and when any such dilapidation shall 
 happen, if no care be taken to repair the same, 
 they are to make presentment thereof at the next 
 visitation. Williams' Laws of the Clergy, 135. 
 The churchwardens are a corporation only for 
 goods to the use of the church, and not lands ; 
 but the city of London is in this to be excepted, 
 for there, by special custom, the churchwardens, 
 with the minister, make a corporation for lands, 
 as well as for goods, and may, as such, hold, 
 purchase, and take lands for the use of the 
 church, and sue, and be sued on the account 
 thereof, as well as for goods and chattels ; and
 
 IS 
 
 this is alleged as a reason for the other custom, 
 which hath also obtained in London, for the pa- 
 rishioners there to choose both churchwardens, 
 exclusive of the minister, who is also there, ex- 
 cused from repairing the chancel; besides, if 
 the minister there should choose one of the 
 churchwardens according to the canon, he, with 
 the said churchwarden, as the major part of the 
 corporation, may dispose of their lands to the 
 damage of the parishioners, and therefore it is 
 not safe there to lodge so great a trust in him. 
 2 Cro. 325; 3 Cro. 551, 552; Co. 1. Inst. fol. 
 3; Lane 22; 1 Rolle's Abr. 339. 
 
 In the city of London, as has been already 
 mentioned, the parishioners by immemorial cus- 
 tom repair the chancel as well as the body of 
 the church ; and this custom is also in the city of 
 Norwich, and some other cities and large towns 
 in England, where there are no tithes to be 
 charged with this repair, or to be sequestered if 
 neglected. Also in some churches the vicar is 
 by special composition bound to this repair, and 
 then the vicar hath the freehold of the chancel 
 as well as of the body of the church and church- 
 yard ; the former by virtue of this Composition, 
 the latter by virtue of his induction. For every
 
 19 
 
 vicar when he is inducted into the church takes 
 possession of the body of the church and of the 
 churchyard as of his freehold, and is then as it 
 were by livery and seizin admitted thereto, as 
 the rector is by like induction to the whole 
 church. Watson, 304. 
 
 And as to the repairs of the chancel ; where 
 there are more impropriators than one, (as is 
 very frequently the case,) the prosecution is to 
 be carried on by the churchwardens to compel 
 them to repair ; and it seems advisable for the 
 churchwardens first to call a vestry, and there, 
 after having made a rate for the repair of the 
 church and other expeness necessary in the exe- 
 cution of their office, that the vestry do make an 
 order for the churchwardens to prosecute the 
 impropriators at the parish expence. In which 
 prosecution the court will not settle the propor- 
 tion amongst the impropriators, but admonish 
 all who are made parties to the suit to repair the 
 chancel under pain of excommunication. Nor 
 will it be necessary to make every impropriator 
 a party, but only to prove that the parties pro- 
 secuted have received tithes or other profits be- 
 longing to the rectory sufficient to repair it ; and 
 they must settle the proportion amongst them- 
 
 c2
 
 selves. For it is not a suit against them for a 
 sum of money, but for a neglect of the duty 
 which is incumbent on all of them. Though it 
 it may be advisable to make as many of them 
 parties as may be come at with certainty. Wil- 
 liams, 130. 
 
 If any man have a private chapel in, or 
 affixed to, any church, it must be repaired by 
 him that has the proper use of it, for he that has 
 the profit ought to bear the burden. 2 Inst. 489. 
 
 We come now more particularly to treat of 
 the rate ; in doing which are to be considered 
 
 The object of a rate ; 
 
 The manner and order of making it ; 
 
 The persons rateable and in respect of what 
 property ; 
 
 As to resisting an illegal rate ; 
 
 Means of collecting a rate. 
 
 
 
 And first, of the object of a Rate. 
 
 Although the churchwardens need not, per- 
 haps, the advice, consent, or authority either of 
 the minister, parish, or ordinary as to the amend- 
 ing or repairing any thing which belongs either
 
 to the fabric, churchyard, or utensils of the 
 church, but are themselves sole judges of what 
 is needful to be done herein, as being invested 
 with the authority of the ordinary and the whole 
 trust of the parish for this purpose on their first 
 entering into their office : yet it is very proper 
 and advisable, for the greater content and satis- 
 faction of the parishioners,, that they do not enter 
 on any great and chargeable repairs without first 
 taking the advice of their neighbours, who are 
 to bear the charge of them. But if they will 
 act without any such advice by virtue of their 
 office, they have power to do so ; and though the 
 money be imprudently and improvidently, yet if 
 it be truly and honestly laid out, they must be 
 reimbursed again, and the parishioners can have 
 no remedy herein unless some fraud or deceit be 
 proved against them, which must and will be at 
 all times redressed. And this is spoken by way 
 of caution (says Shaw) that parishioners may be 
 warned how they trust such men in this office as 
 are not fit for it ; or if they do, not fruitlessly to 
 commence suits against them afterwards for what 
 they can have no redress. Though if, through 
 improvidence, indiscretion, or negligence, they 
 waste the church goods in their custody, or
 
 otherwise much damnify the parish, they may, on 
 proof thereof, by the authority of the ordinary 
 at any time be removed, and others chosen in 
 their stead. 
 
 Although the parish be in different counties, 
 yet the authority of the churchwardens is the 
 same in every part of it, as if it had been in the 
 same county ; though it is otherwise as to con- 
 stables, overseers of the poor, and other parish- 
 officers; for where there are different tithings, 
 different hundreds, and different counties, there 
 must be different constables, and different over- 
 seers of the poor, although in the same parish ; 
 and they must account for their offices before 
 different justices, and at different sessions, and 
 different assizes; but the churchwardens, being 
 officers in ecclesiastical affairs, must follow the 
 division of ecclesiastical jurisdiction, which is 
 into dioceses, archdeaconries, deaneries, and pa- 
 rishes; and therefore where there is the same 
 parish, the same deanery, the same archdeaconry, 
 and the same diocese, the same churchwardens 
 must serve for the whole parish ; and they have 
 the same power of executing their office in every 
 part of it, in how many different counties or 
 different hundreds soever it be ; and must at the
 
 same visitation, whether of the bishop, or arch- 
 deacon, or other ordinary, account for the dis- 
 charge of it : and because the church is that, 
 wherein all the members of it are united, of that 
 deanery, and of that archdeaconry, and of that 
 diocese, must the whole parish be reputed to be, 
 in which the parish church stands. 
 
 The churchwardens are to raise money for 
 the repair of the church, and under this term 
 are included the churchyard walls, the walls of 
 the church and steeple, the floor, the pulpit, 
 and the pews; the windows, iron bars, and 
 glass, the roof, timber with lathes, nails, &c. 
 the covering of lead, tiles, &c. the doors with 
 locks and keys, stairs, floors, bells, wheels, and 
 ropes in the steeple. The ornaments, &c. for 
 which parishioners are chargeable, are the com- 
 munion table and coverings of the communion 
 cups, the bread and wine, candles, the Bible and 
 other books appointed to be read in churches, 
 the surplice, pulpit cloth and cushion, the clerk 
 and sexton's wages, &c. washing the church 
 linen, and monies disbursed by the churchwar- 
 dens about the parish business; these are to be 
 raised by a rate or tax on the parishioners regu- 
 larly, and not on lands. 2 Rolle, 291. But
 
 24 
 
 though lands ought not generally to be taxed 
 for church ornaments, yet by custom both lands 
 and houses may be liable to be so taxed. And 
 it seems now settled (v. Shaw, 92) that persons 
 not residing in the parish are rateable in respect 
 of their lands equally for repairs and ornaments, 
 notwithstanding several old decisions to the 
 contrary. 
 
 But if the churchwardens add any thing new, 
 either to the fabric, churchyard or utensils, which 
 was not before, they must have the consent of 
 the major part of the parishioners, or the pa- 
 rishioners may refuse those disbursements in 
 their accounts ; for to such expences they cannot 
 be charged without their consent : nor will the 
 law in this case allow any rate to be good that 
 shall be made in order to it. In proof Shaw 
 cites Jeffrey's case, 5 Co. which does not seem 
 to apply. 
 
 And if the newly added particulars be in the 
 church, as a gallery, the license of the ordinary 
 is also necessary, as well as the consent of the 
 parish, before they can be legally and justifiably 
 added ; and therefore though the major part of 
 the parish be consenting to the new addition, 
 and thereby the churchwardens may be empower-
 
 25 
 
 ed, as far as in the parishioners lieth, to make 
 and levy a rate for the reimbursing themselves 
 of the charges ; yet if any one person in the 
 parish dissent from it and refuse payment, they 
 can have no remedy against him, because the 
 thing being done without that authority which 
 the law requires to warrant it, no rate will 
 be judged legal which shall be made for it. 
 
 V * 
 
 But if the thing which is added be not in the 
 church, nor is added to the fabric or its appur- 
 tenances for any religious use, but only for the 
 benefit, convenience, or curiosity of the parish- 
 ioners, as a clock, a dial, chimes, a super- 
 numerary bell, &c. in such case the license of 
 the ordinary is not requisite ; but it will be suf- 
 ficient if the major part of the parish be con- 
 senting thereto. 
 
 But if the new erection be in the chancel, the 
 leave of the parson is also necessary; because 
 in the chancel he hath a property, and it is a part 
 of his glebe ; and therefore if the churchwardens 
 set up any new seat in the chancel, or place rails 
 there at the altar, they must have not only the 
 consent of the parish, but also the leave of the 
 parson, as well as the license of the bishop, 
 before it can be legally done. And therefore if
 
 26 
 
 the parson witli the bishop's license, or any other 
 person with the consent of the parson and such 
 license, have a desire to set up rails at the altar 
 at their own proper costs and charges without 
 the parish giving any thing towards it, the 
 parish is in no way concerned either to give or 
 deny its consent thereto. 
 
 It is not clear in the books that in a vicarage 
 the consent of the impropriator and vicar, both, 
 is necessary in the case last mentioned, but from 
 principle it seems to be so. And whether an 
 individual authorized as aforesaid, rail in the altar, 
 or build himself a seat in the chancel, the law 
 seems the same. 
 
 If a church be so much out of repair that it 
 is necessary to pull it down ; or so small that it 
 needs to be enlarged : the major part of the pa- 
 rishioners, having first obtained the consent of 
 the ordinary to do what is needful, and meeting 
 upon due notice, may make a rate for new 
 building, or enlarging, as there shall be occa- 
 sion. This was declared in 29 Car. 2. by all the 
 three courts successively; notwithstanding the 
 cause was much laboured by a great number of 
 Quakers who opposed the rate. 2 Mod. 222, 
 Gibson, 197. And the proper method of pro-
 
 27 
 
 ceeding in such case seems to be this : that the 
 churchwardens first take care that public notice 
 be given for a general vestry of the whole parish 
 for that purpose conformably to the act of 58 
 Geo. 3. after mentioned : which notice ought 
 to be attested and carefully preserved, as being 
 the foundation of all the subsequent proceedings. 
 At the time and place of meeting, the minister 
 and churchwardens ought to attend, and when 
 the parishioners are assembled, the rector, vicar, 
 or perpetual curate, if present, is to preside; 
 but if the minister is not present, then the chair- 
 man is to be chosen by plurality of votes of the 
 persons assembled, to be ascertained as directed 
 by the said act of 58 Geo. 3. cap. 69 and act 
 of 59 Geo. 3. cap. 85. which acts however do 
 not extend to the city of London and borough of 
 Southwark. And the chairman, or one of the 
 churchwardens, or such person as shall be ap- 
 pointed for the purpose, ought to enter the 
 orders of the vestry, and then have them read 
 and signed. And agreeably thereunto, a peti- 
 tion to the ordinary for a faculty (setting forth the 
 particulars) should be drawn up and signed by 
 the chairman, churchwardens, and parishioners 
 present, and approving thereof. Whereupon
 
 the ordinary will issue a monition to cite all per- 
 sons concerned to shew cause why a faculty 
 should not be granted. Upon the return of 
 which citation, if no cause or not sufficient cause 
 be shewn, the ordinary will proceed to grant the 
 faculty. 
 
 If a church fall down, the parishioners are not 
 bound to rebuild it. 1 Ventris,, 367. 
 
 Subject to the general rule that the chancel is 
 to be repaired by the impropriator and vicar, or 
 where there is no impropriator, by the rector, (in 
 legal terms, by the parson,) and subject to any 
 special custom of repairing particular parts of 
 the church, the churchwardens are to provide for 
 all repairs by a rate to be made, according to 
 Degge, in this manner. 
 
 Of the manner and order of making a Rate. 
 
 The Sunday before the churchwardens design 
 to make a levy, they are to give public notice in 
 the parish church immediately after Common 
 Prayer, of the time and place designed for mak- 
 ing the intended levy ; and then at the place and 
 time appointed, the churchwardens and the pa- 
 rishioners there met are to consider what sum of 
 money will be necessary to be raised for such
 
 29 
 
 repairs as shall be then needful ; and after they 
 or the major part of the parishioners there met 
 have agreed what sum is fit to be raised, then 
 they or the major part there present are to pro- 
 ceed, and make an equal levy upon all the pa- 
 rishioners and landholders within the parish; 
 and if any of the parishioners refuse to pay their 
 rates, being demanded by the churchwardens, 
 they are to be sued for and to be recovered in 
 the ecclesiastical court, and not elsewhere. 
 But see post. 
 
 And if the parishioners, when they come toge- 
 ther at such meeting, refuse or neglect to join 
 in making such assessment, or refuse to meet, 
 Degge conceived the churchwardens having just 
 cause for such assessment might proceed alone ; 
 for if the churchwardens should neglect to make 
 the repairs when duly admonished by those who 
 have the power to visit, within a certain time 
 the ordinary or other visitors should limit, they 
 might proceed against the churchwardens by 
 ecclesiastical censures to compel them to do it : 
 and the law (continues he) never compels any- 
 body to a thing they have not means to effect. 
 And it should seem in this case that the parish-
 
 30 
 
 ioners are likewise punishable by the ecclesias- 
 tical judge for their neglect in this kind. But 
 some are of opinion that the churchwardens 
 cannot proceed alone, but must compel the pa- 
 rishioners to do it by ecclesiastical censures. 
 Upon this last position Degge queries, and Shaw 
 is express to the contrary, and cites Comber. 
 344 ; but it is countenanced by Watson, 389, 
 where it is said churchwardens have no power 
 to make a rate themselves, exclusive of the pa- 
 rishioners, their duty being only to summon the 
 parishioners who are to meet in vestry. Mr. 
 Williams' late work favours Shaw's opinion, 
 V. pp. 133, 147. See post. 
 
 By statute 58 Geo. 3. cap. 69 (before referred 
 to) intituled " An Act for the Regulation of 
 Parish Vestries." It is enacted that no vestry 
 or meeting of the inhabitants in vestry of or for 
 any parish shall be holden until public notice 
 shall have been given of such vestry, and of 
 the place and hour of holding the same, and 
 the special purpose thereof, three days at the 
 least before the day to be appointed for holding 
 such vestry, by the publication of such notice in 
 the parish church or chapel on some Sunday
 
 during or immediately after divine service, and 
 by affixing the same fairly written or printed on 
 the principal door of such church or chapel. 
 
 And as to the manner of ascertaining the ma- 
 jority of votes in vestry, the said act of 58 Geo. 
 3. cap. 69. sect. 2. directs that in all cases of 
 equality of votes upon any question arising 
 therein, the chairman shall, in addition to such 
 vote or votes as he may by virtue of this act be 
 entitled to give in right of his assessment, have 
 the casting vote ; and minutes of the proceedings 
 and resolutions of every vestry shall be fairly 
 and distinctly entered in a book to be provided 
 for that purpose by the churchwardens and over- 
 seers of the poor, and shall be signed by the 
 chairman, and by such other of the inhabitants 
 present as shall think proper to sign the same. 
 
 Sect. 3. In all such vestries every inhabitant 
 present who shall, by the last rate which shall 
 have been made for the relief of the poor, have 
 been assessed and charged upon or in respect of 
 any annual rent, profit, or value not amounting 
 to 50., shall have and be entitled to give one 
 vote and no more ; and every inhabitant there 
 present, who shall in such last rate have been 
 assessed or charged upon or in respect of any
 
 32 
 
 annual rent or rents, profit, or value amounting 
 to 50. or upwards, whether in one or in more 
 than one sum or charge, shall have and be en- 
 titled to give one vote for every 25. of annual 
 rent, profit, and value upon or in respect of 
 which he shall have been assessed or charged in 
 such last rate; so nevertheless that no inha- 
 bitant shall be entitled to give more than six 
 votes : and in cases where two or more of the 
 inhabitants present shall be jointly rated, each 
 of them shall be entitled to vote according to the 
 proportion and amount which shall be borne by 
 him of the joint charge ; and where one only of 
 the persons jointly rated shall attend, he shall be 
 entitled to vote according to and in respect of the 
 whole of the joint charge. 
 
 Sect. 4. When any person shall have become 
 an inhabitant of any parish, or become liable to 
 be rated therein since the making of the last rate 
 for the relief of the poor thereof, he shall be 
 entitled to vote for and in respect of the lands, 
 tenements, and property for which he shall have 
 become liable to be rated, and shall consent to 
 be rated, in like manner as if he should have 
 been actually rated for the same. 
 
 And by act of 59 Geo. 3. cap. 85, after re-
 
 33 
 
 citing the last act, it is enacted, sect. 1. That 
 any person who shall be assessed and rated for 
 the relief of the poor in respect of any annual 
 rent, profit, or value arising from any lands, 
 tenements, or hereditaments situate in any parish 
 in which any vestry shall be holden under the 
 said recited act, although such person shall not 
 reside in or be an inhabitant of such parish, shall 
 and may lawfully be present at such vestry ; and 
 such person shall have, and be entitled to give, 
 such and so many vote or votes at such vestry 
 in respect of the amount of such rent, profit, or 
 value as by the said act any inhabitant of such 
 parish present at such vestry might or ought to 
 have, and be entitled to give in respect of such 
 amount, and to all intents and purposes as if 
 such person were an inhabitant of such parish ; 
 any thing in the said recited act to the contrary 
 in anywise notwithstanding. 
 
 Sect 2. Enacts that in all cases where any 
 corporation, or body politic, or corporate, or 
 company, shall be charged to the rate for the 
 relief of the poor of such parish, either in the 
 name of such corporation, or of any officer of 
 the said corporation, it shall and may be lawful 
 for the clerk, secretary, steward, or other agent, 
 
 i)
 
 34 
 
 duly authorized for that purpose, of such corpo- 
 ration, or body politic, or corporate, or company, 
 to be present at any vestry to be holden in the 
 said parish under the said recited act ; and such 
 clerk, secretary, steward, or agent, shall be en- 
 titled to give such and so many vote or votes at 
 such vestry, in respect of the amount of the rent, 
 profit, or value of such lands, tenements, or 
 hereditaments, as by the said act any inhabitant 
 assessed to such rate, present at such vestry, 
 might or ought to have, and be entitled to in 
 respect of such amount. 
 
 Sect. 3. Enacts that no person who shall have 
 refused or neglected to pay any rate for the 
 relief of the poor which shall be due from and 
 shall have been demanded of him, shall be en- 
 titled to vote or to be present in any vestry of 
 the parish for which such rate shall have been 
 made until he shall have paid the same; nor 
 shall any such clerk, secretary, steward, or 
 agent, be entitled to be present, or to vote, nor 
 shall be present or vote, at any vestry in such 
 parish unless all rates for the relief of the poor 
 which shall have been assessed and charged upon 
 or in repect of the annual rent, profit, or value, 
 in right of which any such clerk, secretary,
 
 35 
 
 steward, or agent, shall claim to be present and 
 vote, which shall be due, and which shall have 
 been demanded at any time before the meeting 
 of such vestry shall have been paid and satisfied. 
 In Shaw's work is inserted the form of a 
 church rate, as follows : We, the churchwar- 
 dens, overseers of the poor, and parishioners of 
 the parish of F. in the county of M. whose 
 names are subscribed, do hereby this day of 
 in the year at our vestry 
 
 meeting now assembled, rate and tax all and 
 every the inhabitants of the parish, &c. here- 
 under mentioned, for and towards the repairs of 
 the church of the said parish, in the several sums 
 following, viz. 
 
 . s. d. 
 
 A. B. for one tenement, &c. ..086 
 C. D. for his lands called, &c. . . 7 
 E. F. for one messuage .... 5 
 G. H. for one tenement called, &c. 046 
 
 J. K. 7 
 
 , i Churchwardens. 
 L. M. 3 
 
 N. O.i 
 
 ; Overseers of the Poor. 
 
 R. S. 7 
 
 / Parishioners.
 
 36 
 
 Rates for reparation of the church are to be 
 made by the church wardens, together with the 
 parishioners assembled upon public notice given 
 in the church. And the major part of them that 
 appear shall bind the parish : or if none appear 
 the churchwardens alone may make the rate, be- 
 cause they and not the parishioners are to be 
 cited and punished in defect of repairs. But 
 the bishop cannot direct a commission to rate the 
 parishioners, and appoint what each one shall 
 pay : this must be done by the churchwardens 
 and parishioners; and the spiritual court may 
 inflict spiritual censures till they do. Gibson, 
 196 ; 1 Bac. Abridgment, 373. 
 
 But if the rate be illegally imposed by such 
 commission from the bishop, or otherwise, with- 
 out the parishioner's consent ; yet if it after be 
 assented to, and confirmed by the major part of 
 the parishioners, that will make it good. Wat- 
 son, c. 39. 
 
 The rate must be made upon the whole parish, 
 and not upon a particular person, and made to 
 raise money to repair the church, though that 
 word may comprehend the chancel ; yet if the 
 money is laid out to repair the chancel, the pa- 
 rishioners are not to allow it in the chtirchwar-
 
 37 
 
 dens' accounts. And if it is expressly made for 
 the repair of both, it is illegal, and the temporal 
 court will prohibit any proceedings to recover it. 
 1 Mod. 236. But if a rate is made on lands to 
 repair the church, and for dividing the church 
 house and relieving the poor, &c. it is too late to 
 move for a prohibition after sentence in the spi- 
 ritual court, and to suggest that several of these 
 matters are not cognizable in that court. Shaw, 
 82. 
 
 If two churches be united, the repairs of the 
 several churches shall be made as they were 
 before the union. 
 
 When a church rate is to be made, it ought 
 to be laid on all by an equal pound rate accord- 
 ing to the yearly value of the lands or houses, 
 without grieving or overcharging any one, or 
 sparing and easing another, or leaving any out 
 of the rate who ought to be charged to it. For 
 if any be overcharged or others undercharged, 
 the ordinary will condemn the wrong done when- 
 ever it comes before him ; but if any one be left 
 out who ought to be charged to it, it is an injury 
 to the whole parish ; and this is a sufficient 
 reason for the ordinary (on complaint made to 
 him) to quash the whole rate, and send the
 
 . 38 
 
 church wardens to make a new one. And in all 
 these rates it will be fairest for the churchwar- 
 dens not to assess themselves, but to leave this 
 to be done by the parishioners who concur with 
 them in making the said rate. A justice of 
 peace cannot impose a tax for the repairs of a 
 church. Degge thinks a prohibition lies to a 
 suit for an unequal rate, 168; but quotes autho- 
 rities on both sides. 
 
 If the churchwardens defer the making or ga- 
 thering their rate till they are out of their office 
 (as is through mistake or negligence too often 
 done) they are then deprived of all legal autho- 
 rity of doing either ; [Vide decision 12 East, 
 556 ; Rex v. Haworth ;] and therefore they ought 
 to take care, after they have well surveyed and 
 computed the repairs, to make and gather the 
 rate as soon as they conveniently can, and within 
 the time of their office prosecute all such as 
 refuse to pay what they are rated to it, or at 
 least present them in their last presentment at 
 the Easter visitation, when they go out of their 
 office. But if it happen that there be no such 
 prosecution begun, or presentment made before 
 they were out of their office, then they may, on 
 their giving up their accounts, pass ovef their
 
 39 
 
 arrears, with the rate on which they are due, to 
 their successors, who have full authority to sue 
 for and recover the same ; all such arrears being 
 a debt due to the parish, which they are by 
 their office to take care to recover for the pa- 
 rishioners. 
 
 Two justices (Quorum unus] may make their 
 warrant both to the present and subsequent 
 churchwardens, to levy all sums and arrear of 
 every one who shall refuse to contribute accord- 
 ing to the assessment, and in default of distress, 
 commit them to gaol till payment be made. 
 Dalton, 155. [This is delivered for law by Mr. 
 Dalton, but I do not remember any other autho- 
 rity for it. Shaw, 92. The other books are 
 silent upon this power. Compiler.] 
 
 If more be raised than is necessary, the church- 
 wardens are accountable for the overplus, they 
 not being able to compute to a shilling. 
 
 When these rates are made, it is the proper 
 business of the churchwardens to collect the 
 money, but by custom the constable may be 
 bound to do it; and therefore if a libel is brought 
 against him for refusing to collect it, a prohibi- 
 tion shall not go, because the spiritual courts 
 may try this custom. Hardres, 510.
 
 40 
 
 Of the persons rateable, and in respect of what 
 Property. 
 
 An order and direction set down by Dr. King, 
 Dr. Lewin, Dr. Lynsey, Dr. Hoane, Dr. Sweite, 
 Dr. Steward, and other Doctors of the Civil 
 Law, to the number of thirteen in all, assembled 
 together in the common dining hall of Doctor's 
 Commons in London, touching a course to be 
 observed by the assessors in their taxations of 
 the church and walls of the churchyard of 
 Wrotham in Kent ; and to be applied generally 
 upon occasion of like reparations to all places in 
 England whatsoever. Every inhabitant dwelling 
 within the parish is to be charged according to 
 to his ability whether in land or living within the 
 same parish, or for his goods there, that is to 
 say, for the best of them, but not for both. 
 Every farmer, dwelling out of the parish, and 
 having lands and living within the said parish, 
 in his own occupation, is to be charged to the 
 value of the said lands or living, or else to the 
 value of the stock thereupon, even for the best, 
 but not for both. Every farmer, dwelling out of 
 the parish, and having lands and living within 
 the parish in the occupation of any farmer or
 
 41 
 
 farmers is not to be charged, but the farmer or 
 farmers thereof are to be charged in particularity 
 every one according to the value of the - land 
 which he occupies, or according to the stock 
 thereupon, even for the best, but not for both. 
 Every inhabitant and farmer occupying arable 
 land within the parish, and feeding his cattle out 
 of the parish, is to be charged for the arable 
 lands within the parish, although his cattle be 
 fed out of the parish. Every farmer of any mill 
 within the parish is to be charged for that mill ; 
 and the owner thereof, if he be an inhabitant, is 
 to be charged for his liability in the same parish 
 besides the mill. Every owner of lands, tene- 
 ments, copyholds, or other hereditaments, inha- 
 biting within the parish, is to be taxed according 
 to his wealth in regard of a parishioner, although 
 he occupy none of them himself, and his farmer 
 or farmers also are to be taxed for occupying 
 only. The assessors are not to tax themselves, 
 but to leave the taxation to the residue of the 
 parish. Godolphin, Appendix, 10, 11. 
 
 Houses as well as lauds are chargeable to 
 these repairs, and in some places houses only, 
 as in cities and large towns, where there are 
 houses only and no lands to be charged. Hetley,
 
 42 
 
 130. All the hereditaments and property in the 
 parish is to be rated. Ib. and Latch. 203. 
 
 By the 17 Geo. 2d. c. 37. It is enacted that 
 where there shall be any dispute in what parish 
 or place improved wastes, and drained and im- 
 proved marsh lands lie, and ought to be rated, 
 the occupiers of such land or houses built 
 thereon, tithes arising therefrom, mines therein, 
 and saleable underwoods, shall be rated to this 
 and all other parish rates within such parish and 
 place as lies nearest to such lands ; and if on 
 application to tlie officers of such parish or place 
 to have them rated as aforesaid, any dispute 
 shall arise, the justices of the peace at the next 
 sessions after such application made, and after 
 notice given to the officers of the several pa- 
 rishes and places adjoining to such lands and to 
 all others interested therein, may hear and de- 
 termine the same on the appeal of any inter- 
 ested, and may cause the same to be equally 
 assessed, whose determination therein shall be 
 final ; but this shall not determine the boundaries 
 of any parish or place, other than for the pur- 
 pose of rating such lands to the parochial rates 
 as aforesaid. 
 
 A man had a lease of a stall in a market town,
 
 43 
 
 where he sold goods once a week, but lived in 
 another parish, he shall not be charged to the 
 repairs of the church in the market town. 2 
 Roll. 228. 
 
 It was formerly received as law that lands 
 ought not to be taxed for church ornaments 
 where the occupier lived out of the parish. 
 " For if the libel is for ornaments, it is a good 
 plea to say he was not a parishioner there at the 
 time the rate was made." Nelson, 175. But in 
 Jeffrey's case, Mich. 31, 32 Eliz. in B. R. it was 
 decided to the contrary, on the ground that 
 landholders that live in a foreign parish are in 
 judgment of law inhabitants and parishioners as 
 well in the parish where they hold lands as where 
 they reside ; and may come to the parish meet- 
 ings and have votes there as well as others. 
 And Bulstrode reports a case where Fleming, 
 C. J. and Mr. Justice Williams were of the 
 same opinion, and gave this reason, that the 
 foreigner might come to church if he pleased. 
 And Holt, in Woodward v. Makepeace, 1 Salk. 
 164. " If a man be an inhabitant as to the 
 church, which is confessed, how can he not be 
 an inhabitant as to the ornaments?" All the 
 churchwardens expences are now paid out of thr
 
 44 
 
 same rates. And Burn observes, " the prac- 
 tice for the ease and convenience thereof seemeth 
 now generally to go with this latter opinion." 
 Concerning the whole matter, see also 5 Co. 67 ; 
 2 Brownlow, 10; 1 Bulstrode, 20; 2 Roll's 
 Abridg. 291 ; Degge, part 1 . cap. 12 ; Godol- 
 phin's Repert. Canon, c. 12. ss. 23, 26, 29, 34, 
 41 ; Comb. 132. 
 
 No impropriator, rector, or vicar can be 
 charged to the repair of the church in any parish 
 on account of their tithes and glebes therein, or 
 allotments under modern inclosure acts in lieu 
 thereof, because out of them they are bound to 
 repair the chancel, but if they have any other 
 estate in the parish, they are chargeable for that 
 as well as other parishioners ; and although one 
 of them only repairs the chancel, and the other 
 be exempt, yet if either of them do it, both are 
 discharged from all rates to the church ; but if 
 no composition appears for laying it on the vicar, 
 of common right it belongs to the impropriator 
 to do it. [Shaw, 91.] 
 
 And if the glebes be out of the parish, as 
 sometimes they are, their being glebes in this 
 case cannot exempt from being charged to the 
 repair of the church of that parish where they
 
 45 
 
 lie ; for no glebes are to be excused church re- 
 pairs but such as belong to the church which 
 is to be repaired, not those which belong to an- 
 other church out of the parish in which the land 
 lies ; for in that parish no repairs of the chancel 
 lie upon them, and therefore they are on the 
 same footing with the other lands of the parish, 
 and consequently must be charged equally with 
 them to all the burdens of it. 
 
 All those who are so poor as to be excused 
 from paying to the poor's rate, by reason of their 
 poverty, ought also to be excused from paying 
 to the church rate for the same reason; and 
 those who pay nothing to the church, ought not 
 to have any vote in any affairs relating to it. 
 But this must not be understood of the minister 
 who hath a special duty incumbent on him in 
 this matter, and must be responsible to the bishop 
 for his care herein ; and therefore in every 
 parish meeting he presides for the regulating and 
 directing this affair ; and this equally holds whe- 
 ther he be rector or vicar. 
 
 Hilary 3 C. 1st. K. B. per Henden. The 
 founder of the church may prescribe, that in 
 respect of the foundation, he and his tenants
 
 46 
 
 have been freed from the charge of repairing 
 the church. Degge, 168. 
 
 Dr. Godolphin says it is contrary to com- 
 mon right that they who have a chapel of ease 
 in a village should be discharged of repairing 
 the mother church ; for it may be that the church 
 being built with stone may not need any repara- 
 tion within the memory of man; and yet that 
 doth not discharge them without some special 
 cause of discharge shewn, 153. See also Gibson, 
 197. 
 
 And (according to Nelson, 167) though the 
 inhabitants of some chapelries have the rite of 
 baptism and the sacraments administered in their 
 chapels, and have chapelwardens, they must 
 still contribute to the repairs of the mother 
 church, especially if they bury there ; for though 
 some part of the parish have always repaired the 
 chapel, yet it is still the same parish, and they 
 are part of it, and therefore of common right 
 ought to contribute to the repairs of the church; 
 the chapel was built for their ease, and they are 
 obliged to go to the mother church, but not to 
 the chapel ; yet they may be discharged of this 
 duty by prescription, though it is against common
 
 47 
 
 right; but then they must shew some special 
 cause upon the endowment itself: for it is not 
 sufficient to allege that time out of mind they 
 have repaired their own chapel, and by reason 
 thereof have been discharged of the repairs of 
 the church, because it is no direct prescription; 
 but if they prescribe generally to be discharged 
 without shewing for what cause (2 Roll's Ab. 
 290); or if they allege that time out of mind 
 they have repaired part of the wall of the church- 
 yard and their own likewise; or shew any modus 
 (as in Goosey and Stanford) to pay a certain 
 sum yearly towards the repairs of the mother 
 church, such a prescription is good. 
 
 It hath been resolved that the inhabitants of a 
 chapelry may prescribe, that in consideration that 
 they have time out of mind paid three shillings 
 and fourpence to the repair of the mother church, 
 or at their own charge repaired a certain part of 
 the mother church, they have been freed from 
 all other charges about the repair thereof. 
 Degge, 169. 
 
 2 Levintz, 102. A case of a parochial cha- 
 pelry within the parish of Aston, where on a 
 prohibition and a trial of the custom the inha-
 
 48 
 
 bitants of the chapelry were fixed with a pro- 
 portion of the repairs of the mother church be- 
 cause they buried their dead there, and on that 
 ground only. For (says Nelson, 167) if burials 
 were at the mother church that would be a reser- 
 vation of the ancient right by which those of the 
 chapelry were bound to contribute to the repairs 
 of the mother church. 
 
 If there be a chapel of ease within a parish, 
 and some part of the parish have used time out 
 of mind alone, without others of the parishioners, 
 to repair the chapel of ease and therein to hear 
 service, and to marry, and all other things, but 
 only they bury at the mother church ; yet they 
 shall not be discharged of the reparation of the 
 mother church, but ought to contribute thereto : 
 for the chapel was ordained only for their ease. 
 2 Roll's Abridgment, 289. (And see Hob. 66.) 
 And if but one parochial rite (as burial) be 
 omitted, they shall contribute to the mother 
 church. Comber. 132. 
 
 Where a chapel had parochial rites, but had 
 been forty years out of repair, and no divine 
 service in it for all that time, the court refused 
 to prohibit a spiritual suit to compel contribution
 
 49 
 
 to the repairs of the mother church, though 
 chapelwardens had been yearly chosen. Comber. 
 148. 
 
 But if the inhabitants of a chapelry prescribe 
 to be discharged time out of mind of the repara- 
 tion of the mother church, and they are sued for 
 the reparation of the mother church ; a prohibi- 
 tion lies upon this surmise, 2 Roll's Abr. 290. 
 But according to Hobart (67) without payment 
 alleged the prescription will not be good. 
 
 Trinity 1st W. Ball and Cross. The inha- 
 bitants of a chapelry within a parish were pro- 
 secuted in the ecclesiastical court for not paying 
 towards the repairs of the parish church ; and 
 the case was those of the chapelry never had con- 
 tributed, but always buried in the mother church 
 till about Henry the Eighth's time, when the 
 bishop was prevailed upon to consecrate for 
 them a burial place, in consideration of which 
 they agreed to pay towards the repair of the 
 mother church. All which appeared upon the 
 libel. And it was held by Holt, Chief Justice, 
 that those of a chapelry may prescribe to be 
 exempt from repairing the mother phurch, as 
 where it buries and christens within itself, and 
 has never contributed to the mother church ; for 
 
 E
 
 50 
 
 in that case it shall be intended coeval and not a 
 later erection in ease of those of the chapelry ; 
 but here it appears that the chapel could be only 
 an erection in ease and favour of them of the 
 chapelry ; for they of the chapelry buried at the 
 mother church till Henry the Eighth's time, and 
 then undertook to contribute to the repairs of 
 the mother church. 1 Salk, 164, 165. Shaw, 4. 
 But in the case of Adderbury and Bodecut, 
 (four years after the case of Aston,) it was de- 
 cided that the inhabitants of the chapelry of 
 Bodecut, in the parish of Adderbury, though 
 they buried their dead in the mother church of 
 Adderbury, were by custom discharged of the 
 repairs of such church. 
 
 ^4,9 to resisting an illegal Rate. 
 
 In case the bounds of the parish are in dis- 
 pute in the ecclesiastical court, that is, if the 
 party assessed aver that the land for which he is 
 assessed lies in another parish, and not in the 
 parish where it is assessed, if the party be con- 
 tentious he may have a prohibition and try it at 
 common law. Degge, 164. 
 
 And if any person find himself aggrieved at
 
 51 
 
 the inequality of any such assessment, his appeal 
 is to the ecclesiastical judge who is to see rift-lit 
 done. Ib. 165. 
 
 If a rate is expressly made for the repair of 
 both the church and the chancel it is illegal, and 
 the temporal court will prohibit any proceedings 
 to recover it. Nelson, 173. But by the custom 
 of London it may be so made. 
 
 And when the libel is for not repairing, &c. 
 it is not sufficient for the defendant to suggest 
 that other people have lands in the same parish 
 which are not charged ; for if it is true, it is a 
 good allegation against the libel in that court ; 
 because the rate ought to be made upon the 
 whole parish, and it is a just cause to appeal 
 from a sentence there, but not for a prohibition. 
 Roll's Abr. 290; 2 Roll's Rep. 262, 206. 
 
 So if a suit is instituted in the ecclesiastical 
 court for a church rate, and a custom pleaded of 
 a certain sum paid, or of something done in lieu 
 of the rate, and that plea is admitted, they may 
 proceed to try that custom in the same manner 
 as a modus ; but if the custom is denied, it will 
 be a proper ground for a prohibition (by the 
 Lord Chancellor Hardwicke) for defect of trial 
 in the ecclesiastical court ; for the trying of the 
 
 E 2
 
 custom is the province of the common law. 1 
 Atkins, 289. 
 
 In the case of the King v. the Chapelwardens 
 of the township of Haworth, 12 East, 556. On 
 a motion before Lord Ellenborough for a man- 
 damus to compel them to make a rate to reim- 
 burse the churchwardens of Bradford (the mo- 
 ther church) for money expended, as well as for 
 what they might expend, the rule was discharged ; 
 for (by the court) the form of the demand was 
 bad, and the churchwardens had no right to lay 
 out money till they had collected it. 
 
 When a rate was made on lands to repair the 
 church ; to make a new clock and chimes ; for 
 bread and wine at the sacrament; for clerk's 
 fees ; for dividing the church house into several 
 rooms for the use of the poor ; for the relief of 
 poor prisoners in the Marshalsea, and for ex- 
 pences at several visitations ; the court would 
 not grant prohibition, though it was objected 
 that this rate was made for several matters 
 of which the spiritual court hath not any juris- 
 diction, as to repair the church house, and for 
 relief of poor prisoners; and likewise for chimes 
 which are ornaments, and for which lands ought 
 not to be rated. [As to the last, see ante.]
 
 53 
 
 It is true it was after sentence, and an appeal to 
 the Arches ; and in such cases a prohibition is 
 always denied, if nothing appears in the libel 
 itself to oust the spiritual court of jurisdiction. 
 2 Lutw. 1019. 
 
 Until the act 53 Geo. 3d. cap. 127, and still, 
 where the rates in litigation do not exceed 10., 
 the remedy was only, as before mentioned, in 
 the spiritual court, and the churchwardens in 
 default of payment, proceeded by citation, and 
 on the appearance of the party cited, by filing 
 their libel according to the practice of the court; 
 upon which the libellate alleged in due form the 
 cause for which he refused payment, in case his 
 objection went only to the inequality of the rate. 
 [Nelson, 174.] But if he claimed to be altoge- 
 ther exempted, as having no lands or other 
 rateable property in the parish ; or if the rate 
 in which he was charged was expressly made for 
 an irregular and illegal purpose, these were suffi- 
 cient grounds for a prohibition ; as was also the 
 suggestion of a prescription triable only by the 
 temporal courts. And Degge cites a case of a 
 prohibition for inequality, but doubts, 168. 
 
 But now, by the statute above mentioned, the 
 recovery of church rates is in a great measure
 
 54 
 
 taken from the spiritual courts ; and disputes in 
 all cases where the claim for rates does not ex- 
 ceed W. are brought within the determination 
 of two magistrates in a summary way, who have 
 power to levy the quantum awarded with costs. 
 An innovation on the old method to the great 
 furtherance of justice, and general satisfaction 
 of the public. See post. 
 
 Since the passing the act last referred to, the 
 doctrine of prohibitions seems too remote from 
 the subject of this work to need particular notice, 
 and it is only in cases of great importance that it 
 will be necessary to recur to such a remedy ; 
 though indeed the ecclesiastical courts are still 
 open to the churchwardens for rates of any 
 amount if they choose to sue there. 
 
 On the means of collecting a Rate. 
 
 Something has been already said on the means 
 of collecting a rate under the head of resisting 
 an illegal rate; and in various passages in the 
 former sheets, it has been observed that the 
 ordinary remedy is by suit in the ecclesiastical 
 court; and although justice was, no doubt, ob- 
 tained in that court when the churchwardens de- 
 cided to sue there ; and after sentence of excom-
 
 55 
 
 munication pronounced, and the bishop's signili- 
 cavit issued, the churchwardens found ample 
 redress, yet the forms of it were ordinarily so 
 tedious and expensive, that where the parties 
 rated were of little substance and refused to pay, 
 they commonly escaped. And amongst other 
 objections to the ecclesiastical remedy, not the 
 least perhaps was the opportunity it afforded for 
 perjury; for 
 
 As the spiritual court hath original jurisdic- 
 tion of repairs of churches ; and rates, for that 
 purpose, being an incident to repairs, they have 
 the jurisdiction of those rates ; and when a suit 
 is brought in that court against the defendant 
 for a proportionable part of such a rate, he may 
 be compelled to put in his answer upon oath 
 whether he hath paid or not ; for the usage being 
 for them to require oaths about payment of rates, 
 hath likewise made it the law of the court. 
 Shaw, 83. 
 
 These evils and inconveniences were long felt 
 without any remedy provided ; and nothing can 
 be a greater proof of the general respect of tne 
 nation for ancient institutions. And when at 
 length a few years after the revolution a step 
 was taken, interfering with the jurisdiction of
 
 56 
 
 the spiritual court in this point, the rights of the 
 church were invaded in favour only of the 
 Quakers, whose resistance of tithes and church- 
 rates on a sense of duty and principle, without 
 a hope of evading payment, was rather cruelly 
 punished with costs. 
 
 And now by statute 53 Geo. 3d. c. 127. for 
 the more easily and speedily recovering of church 
 rates or chapel rates of limited amount, sect. 6, 
 reciting that whereas by 7 and 8 Will. 3d. it is 
 enacted, where any Quaker shall refuse to pay 
 for or compound for his great or small tithes, or 
 to pay any church rates, two or more of his 
 Majesty's justices of the peace are authorized 
 to hear and determine the same not exceeding 
 the value of 10. ; and that whereas by 1 Geo. 
 1st. the said act is extended to other objects, and 
 that it is become expedient to enlarge the said 
 sum. It is enacted that all the provisions of the 
 said acts shall be deemed to extend to any value 
 not exceeding 50., provided always that one 
 justice shall be competent to receive the original 
 complaint, and to summon the parties to appear 
 before two or more justices of the peace as in 
 the said act is set forth. 
 
 But the last mentioned statute does not stop
 
 57 
 
 here, for with a view to the ease of the church- 
 wardens in the general collection of such rates, 
 By sect. 7, it is enacted " that if any one duly 
 rated to a church rate or chapel rate the validity 
 whereof has not been questioned in any eccle- 
 siastical court shall refuse or neglect to pay the 
 same sum at which he is so rated, it shall and 
 may be lawful for any one justice of the peace 
 of the same county, riding, city, liberty, or town 
 corporate where the church or chapel is situated 
 in respect whereof such rate shall have been 
 made, upon the complaint of any churchwarden 
 or churchwardens, chapelwarden or chapelwar- 
 dens, who.ought to receive and collect the same, 
 by warrant under the hand and seal of such 
 justice to convene before any two or more such 
 justices of the peace any person so refusing or 
 neglecting to pay such rate, and to examine upon 
 oath (which oath the said justices are hereby 
 empowered to administer) into the merits of the 
 said complaint, and by order under their hands 
 and seals to direct the payment of what is due 
 and payable in respect of such rate, so as the 
 sum ordered and directed to be paid as aforesaid 
 do not exceed W. over and above the reason- 
 able costs and charges to be ascertained by such
 
 58 
 
 justices, and upon refusal or neglect of such 
 party to pay according to such order, it shall 
 and may be lawful for any one of such justices 
 by warrant under his hand and seal to levy the 
 money thereby ordered to be paid, together with 
 the amount of such costs and charges by dis- 
 tress and sale of the goods of such offenders, 
 his executors or administrators rendering only 
 the overplus to him or her, the necessary charges 
 of distraining being first deducted and allowed 
 by the said justices : and any person finding him- 
 self aggrieved by any judgment given by two 
 or more such justices, may appeal to the next 
 general quarter sessions to be held for the 
 county, city, &c. wherein the church or chapel 
 is situated in respect whereof such rate shall 
 have been made; and the justices of the peace 
 there present shall proceed finally to hear and 
 determine the matter, and to reverse the said 
 judgment if they shall see cause ; and if the 
 judgment given by the first two or more justices 
 be affirmed, the same shall be decreed by order 
 of sessions with costs against the appellant to 
 be levied by distress and sale of the goods and 
 chattels of the said party appellant. Provided 
 always that in case of any such appeal, no war-
 
 59 
 
 rant of distress shall be granted until after such 
 appeal be determined. Provided also that no- 
 thing herein contained shall extend to alter or 
 interfere with the jurisdiction of the ecclesias- 
 tical courts to hear and determine causes touch- 
 ing the validity of any church rate or chapel 
 rate, or from proceeding to enforce the payment 
 of any such rate if the same shall exceed the 
 sum of 10. from the party proceeded against : 
 provided likewise that if the validity of such 
 rate, or the liability of the person from whom it 
 is demanded to pay the same be disputed, and 
 the party disputing the same give notice thereof 
 to the justices, the justices shall forbear giving 
 judgment thereupon, and the person or persons 
 demanding the same may then proceed to the 
 recovery of their demand according to due course 
 of law as heretofore used and accustomed. 
 Provided likewise that nothing herein contained 
 shall affect any regulations that may have been 
 made by authority of parliament respecting the 
 church rates or chapel rates of any particular 
 parishes or districts." 
 
 But still the ancient remedy rests with the 
 churchwardens as well with regard to Quakers 
 as to other parishioners ; though, according to
 
 60 
 
 the present feelings of men, the use of it, ex- 
 cept iu very extraordinary cases, would be 
 thought reprehensible. And though church- 
 wardens ought not to disregard the spirit of the 
 proviso, which limits the enactment to rates not 
 exceeding 10., it is an act made professedly in 
 their favour, and there seems no danger of pu- 
 nishment for contempt under it, in case they are 
 led by circumstances to prefer their old remedy. 
 The public however are concerned, and see 
 Blacks tone, 1, 87.
 
 01 
 
 CHAP. III. 
 
 [THE distinctions the law makes between seats 
 in the body of the church, seats in the aisles, 
 and seats in the chancel, are already noticed in 
 the first chapter; where, on account of such 
 threefold distinction, and to avoid too many 
 divisions, something is necessarily said on rights 
 to seats.] 
 
 ON THE TITLE TO SEATS BY PRESCRIPTION ; BY 
 FACULTY ; BY GENERAL CUSTOM ; BY PARTI- 
 CULAR CUSTOM. 
 
 Ami first) on the title to Seats by Prescription. 
 
 IT is clear that a parishioner may prescribe for a 
 seat in the aisle of his parish church which has 
 been always used and repaired by the occupier 
 of the house in which he resides. Degge, 173. 
 
 As to seats in the body of the church, see 
 Pym and Gorwin's case, More's Reports, '278. 
 
 It was resolved by the justices in this case, 
 that one cannot prescribe for a seat in the body
 
 62 
 
 of the church, for that the seats there are dis- 
 posable by the parson and churchwardens ; but 
 for a seat in an aisle of the church, a man may 
 prescribe, because it may be presumed that he 
 or his ancestors who had house and land within 
 the parish, had edified and built the said aisle ; 
 and (so it was said) it was adjudged in the Lady 
 Gray's case. 
 
 A man may precribe, though not for a seat in 
 
 the body of the church ; yet for the upper part 
 
 of a seat there [a sitting;] Shaw, 565, who 
 
 quotes Noy, 78; Latch, 116; Palm. 424. 
 
 ^ /i And (according to Degge) prescription went 
 
 "></*- afterwards for a seat in the body of the church 
 
 was repaired by him that prescribed to 
 have it, 173. 
 
 And this prescription must set forth that he is 
 seized of an ancient house, &c. as well as re- 
 paired ; Shaw, 77. 
 
 K. B. Trinity 7. James; Holt and Ellis. It 
 was resolved that the chief seat in the chancel is 
 the right of the parson or rector impropriate ; 
 but it was at the same time declared that by 
 prescription another parishioner may have it. 
 Williams, 138; Noy, 133; Johnson, 264; 
 Degge, 173.
 
 . 63 
 
 In all which diversities, it was still necessary 
 a man should be a parishioner ; and, as it seems, 
 should repair. 
 
 But in both these respects there is a further 
 diversity to be found in the books ; for, in the case 
 of a foreigner, repairs will entitle a man to a 
 seat in an aisle, though he lives in another parish ; 
 and therefore where the plaintiff' sets forth that he 
 had an ancient messuage in the parish of H. and 
 that he and all those whose estate he had in the 
 same house, had a seat in the aisle of the parish 
 church of B. this is a good prescription for a 
 seat in an aisle, because he or they might build 
 and repair it ; though it is not a good prescrip- 
 tion to have a seat in the nave of another parish 
 church. Sid. 361. And to this place may be 
 referred what is said by Degge, 173, [who 
 cites Parson's law, 113; Hobart, 69.] The 
 bishop has no power to dispose of the seats in 
 any private chapel next to the church that is not 
 maintained and repaired at the parish charge. 
 
 And, with respect to repairs. In some places 
 where the parson repairs the chancel, the vicar 
 by prescription claims a right of a seat for his 
 family, and of giving leave to bury there, and
 
 64 
 
 a fee upon the burial of any corpse. Johnson, 
 242,243. 
 
 A man may prescribe to have a seat in the 
 chancel as belonging to an ancient messuage. 
 Noy, 133. And see Johnson, 264. 
 
 But the following from Degge, 174, seems to 
 be at variance with all principle on this head. 
 
 " The law is now settled in this case, that a 
 man that is owner of an ancient messuage may 
 prescribe for a seat in any part of the parish 
 church, within which parish such messuage stands, 
 although he have not used to repair it. 
 
 " And this was resolved by all the Judges of 
 the King's Bench, in an action on the case 
 brought by Buxton against one Bateman, for 
 disturbing him in a quire in the body of Yol- 
 greave church in Derbyshire, which Buxton 
 claimed by prescription to his house. Buxton v. 
 Bateman, T. 4. C. 2. K. B. Rot. 463. And 
 after affirmed in a writ of error in the Exchequer 
 Chamber. Vide Syderfin, 88, 89, 209, mak- 
 ment report. So that this point is- now settled 
 by all the Judges of England !" 
 
 But Espinasse seems better to understand the 
 report, when he says, N. P. 643. " It seemed
 
 65 
 
 in this case that the declaration ought to state 
 repairs ; but that the want of it would be cured 
 by a verdict." 
 
 No one can claim a seat in a church by pre- 
 scription as appendant or belonging to land ; 
 but it must be laid as belonging to a house in 
 respect to the inhabitancy thereof. 1 Wood's 
 Inst. b. 1. c. 7. Nor can he claim such a seat 
 by length of possession only, without claiming 
 it as appurtenant to a messuage. 1 Term Rep. 
 428. 
 
 Secondly, on the titles to Seats by Faculty. 
 
 Exception being made of such pews, or sit- 
 tings in pews, to which any parishioner, or per- 
 haps any stranger, is entitled by prescription ; 
 which is, in general, evidence of an ancient 
 grant or faculty, of the chief pew in the chancel, 
 to which the rector, impropriate or spiritual, is 
 entitled by general custom ; and of such pews 
 or sittings as are not appropriated by any 
 faculty in existence, it may be laid down that 
 the rest of the pews, in the body and aisles 
 of the church, at least, are in the gift of the 
 bishop. 
 
 But there are limitations of the bishop's au- 
 
 F
 
 m 
 
 t\\ority in this respect, as after mentioned : and 
 on the other hand, some hold, as Dr. Gibson, 
 that the bishop's authority extends to the seats 
 in the chancel as well as in the body of the 
 church ; and this though formerly denied, seems 
 now a point fully established. See the case of 
 Jarratt and Steele in the Appendix. 
 
 Where any contention is about a seat in the 
 body of the church, upon complaint made to the 
 ordinary he may decide the controversy, by 
 placing that person in it whom he thinks fit ; and 
 this power is conferred upon him by law, be- 
 cause he who hath the general cure of souls 
 within his diocese, is presumed to have a due 
 regard to the qualities of the contending parties, 
 and to give precedence to him who ought to 
 have it. And though the seats are built and re- 
 paired at the charge of the parish, and the church- 
 wardens should prescribe that by reason thereof 
 they have used to dispose of them to such per- 
 sons as they thought fit : yet of common right 
 the ordinary hath the disposal thereof, and of 
 common right the parishioners ought to repair 
 them : and such prescription shall not be allowed 
 against his jurisdiction. 2Levintz, 241. Ray- 
 mond, 246.
 
 67 
 
 And upon the same reason should now any 
 gentleman having a house in the parish, by the 
 consent of the minister, patron, and ordinary, 
 build a new aisle, and have a faculty from the 
 bishop to hold the same, to the use of him and 
 his family, to bury their dead in the said aisle, 
 and also to sit there for the hearing of divine 
 service, on condition constantly to repair it, this 
 faculty would give him a good title to the said 
 aisle. But no such title can be good either upon 
 prescription, or any new grant by a faculty as 
 aforesaid to a man and his heirs ; but the said 
 aisle must always be supposed to be held in re- 
 spect of the house, and will always go with the 
 house to him that inhabits it. Shaw, 74. 
 
 A seat may not be granted by the ordinary to 
 a man and his heirs absolutely. For the seat 
 does not belong to the person, but to the inha- 
 bitant ; otherwise, if he and his heirs go away 
 and dwell in another parish, they shall yet retain 
 the seat, which is unreasonable, Gibson, 127 ; 
 but such a grant would, it seems, be good for 
 the life of the grantee if he continued an inha- 
 bitant. 
 
 A seat held under a faculty is usually, in 
 terms, annexed to a house ; and it is of the
 
 08 
 
 essence of the title of a seat held by prescription 
 that it should be so. Yet the owners of rights 
 to pews sometimes sell them, or attempt to 
 sell, though it sufficiently appears that no title 
 can be made against the ordinary, or against the 
 minister and churchwardens, and it seems as be- 
 tween the grantee of the faculty and the pur- 
 chaser, the former might still occupy the seat, 
 notwithstanding such sale. Vide Stevens and 
 Woodhouse in the Appendix. 
 
 Resiants only are capable of a right in pews ; 
 therefore, if one purchase a pew, and after, 
 leave the parish, his interest in the pew is gone : 
 but if he ceases to be a housekeeper, and con- 
 tinues in the parish as a lodger, and goes to 
 church, his interest continues. Shaw, 75. 
 
 And as the bishop by his faculty may grant to 
 any parishioner any common seat in the body of 
 the church, or (according to Gibson and the mo- 
 dern authorities) in the chancel, or (Shaw 72) 
 the site of a pew in an aisle, so he may grant 
 the site of a pew in any convenient place in the 
 body of the church. Degge, 171. 
 
 " And note that all that has been said before 
 of seats must be intended of such seats as no 
 particular parishioner has a right to by prescrip-
 
 69 
 
 tion ; for wheresoever any parishioner is owner 
 of an ancient messuage, with which any seat has 
 been used by prescription time out of mind ; 
 there the ordinary, parson, or churchwardens 
 have nothing to do in the disposing of such 
 seat." Degge, 173. 
 
 If a seat is built in the body of the church 
 without the consent of the bishop, [Noy, 108,] 
 or of the minister and churchwardens, [Degge, 
 172,] the churchwardens [by consent of the 
 parson, Degge] may pull it down. And see the 
 case of Parham v. Templar, in the Appendix, 
 where Templar, the curate, divided a seat in the 
 body of the church without due authority, and was 
 enjoined to restore it. But though the freehold 
 of the church be in the parson, yet he cannot 
 pull down any of the seats anciently erected, or 
 of late erected, but by license of the bishop, or 
 by the consent of the churchwardens. Degge, 
 172. 
 
 If a man set up a new pew or other thing in 
 a church he may not afterwards remove them, 
 for they thereby become church goods. Stat. 
 10 H. 4. 
 
 " If there be room for any other seats besides 
 the rector's, the bishop can grant faculties for
 
 70 
 
 the building and disposing of them in the chancel 
 as well as in the body of the church ; only if the 
 bishop doth not interpose, then the parson may 
 dispose of the seats in the chancel in the same 
 manner as the churchwardens do of those in the 
 body of the church, because of his repairing it. 
 And if any controversy arise, then there lies an 
 appeal to the bishop from the one, as well as 
 from the other." Shaw, 78. 
 
 But see the case of Jarratt v. Steele, in the 
 Appendix. 
 
 And, as in the case of a prescriber, so one 
 claiming under a faculty must do the repairs. 
 
 In Roll's Abridgment, 288, it is said custom 
 may fix the power of disposing of the seats in 
 the churchwardens ; and if they erect a new seat 
 in the body of the church, and appoint a certain 
 person to sit there, and afterwards the ordinary 
 decrees that another shall have the seat, a prohi- 
 bition lies. But the right of the ordinary in the 
 body of the church seems clear against this au- 
 thority, unless the party prescribe in right of his 
 house. 
 
 If a seat be annexed to a house under a 
 faculty, it may be transferred to another with the 
 house. 1 Term Rep. 431.
 
 71 
 
 Thirdly, on the title to seats by General 
 Custom. 
 
 The only general custom mentioned in the 
 books as to an exclusive right and property in 
 seats, independent of the ordinary, is, that the 
 principal seat in the chancel belongs to the 
 parson, or rector irapropriate, and that of com- 
 mon right in regard to his repairing the chancel ; 
 as it was resolved in the Court of King's Bench, 
 Trinity Term 7 James, in the case of Holt and 
 Ellis. 
 
 But it was declared, at the same time, that by 
 prescription another parishioner may have it. 
 Noy, 133 ; Johnson, 264. 
 
 And here may be referred what is said in 
 Watson, c. 39. The seats in the church are 
 erected for the inhabitants and for their more 
 convenient attending upon divine service; and 
 the use of them is common to all the people that 
 pay to the repairs thereof. 
 
 But if two or more contest the possession of 
 a particular seat, the ordinary is to decide.
 
 72 
 
 Fourthly, on the title to Seats by Particular 
 Custom. 
 
 There remains the custom of London, Nor- 
 wich, and certain other large cities and towns to 
 be noticed, under which seats, and the dispo- 
 sition of seats, have been claimed, on other prin- 
 ciples than those of ordinary church government. 
 
 And as custom is to be observed, only where 
 there is no evidence of right against it ; so such 
 rights as arise in principles, independent of cus- 
 tom, cannot be affected by custom. 
 
 In the city of London the churchwardens re- 
 pairing the chancel, as well as the body of the 
 church, do equally dispose of the seats in both. 
 Shaw, 78. 
 
 Where there is no contention and the ordinary 
 doth, not interpose, because there is no com- 
 plaint, then the parson and churchwardens have 
 power to place the parishioners in seats, &c. 
 And in some parishes the churchwardens alone 
 have that power by custom, as in London, 76. 
 
 But by custom, the churchwardens, or any 
 particular number of parishioners, may have the 
 
 ordering of the seats, as in London ; which, by 
 
 
 
 v
 
 73 
 
 the like custom, may be in other places. Watson, 
 C. 39. 
 
 But the churchwardens must shew some par- 
 ticular reason why they are to order the seats 
 exclusive of the ordinary : for a general allega- 
 tion that the parishioners have used to repair 
 and build all the seats in the church, and by 
 reason thereof the churchwardens have used to 
 order and dispose of the seats, is not sufficient 
 to take away the ordinary's power in disposing 
 and ordering the seats ; because this is no more 
 than the parishioners are bound to do of common 
 right, to wit, building and repairing the seats, 
 for which they have the easement and convenience 
 of sitting in them. Watson, 39. 
 
 In country parishes where one churchwarden 
 is chosen by the minister, and the other by the 
 parishioners, it is not usual for the minister to 
 interfere personally in the disposition of seats, 
 he being supposed to exercise his privilege in 
 the person of his own churchwarden. 
 
 Howmuchsoever it may beetf the usage in 
 any place for the churchwardens to dispose of 
 the seats in the church, it can never amount to a 
 prescription to exclude the bishop, because they, 
 being officers Under him, whatever they do in
 
 74 
 
 this kind must always be supposed to be done 
 by an authority derived from him, either posi- 
 tively granted, as by his faculty, or else tacitly 
 allowed, and this must hold in London, as well 
 as every where else, for although in that city the 
 churchwardens take it wholly upon them to dis- 
 pose of seats, yet no usage can give them a title 
 to do this exclusive of the bishop, for when any 
 controversy arises, they have no where else to go 
 but to the bishop for a decision of it, the com- 
 mon law never meddling with this matter, but 
 where a seat is claimed by prescription: and 
 therefore whatever usage the churchwardens 
 may pretend to in any church for the disposal 
 of the seats in it, they must be understood to do 
 this solely by the authority of the bishop, as 
 officers under him, not by any of their own. 
 12 Co. 105, 106; 3 Inst. 102; 2 Bulstr. 150; 
 Hobart, 69. 
 
 In the case of Hole v. Burnet, Consistory 
 Reports, 1740, the party suing for a disturbance 
 in the enjoyment of his pew which he claimed 
 by purchase and the custom of the parish, the 
 court decided against him. 
 
 And it is perhaps a universal rule that no 
 right can exist to dispose permanently of seats
 
 75 
 
 in public churches but in the bishop, unless 
 under the authority of parliament. The consi- 
 deration of money is often part of the case in 
 usurpations by churchwardens and by vestries, 
 and such consideration being carried to account 
 would rather strengthen the titles of the grantees 
 than otherwise, but the whole power of granting 
 is already vested elsewhere, and every deed made 
 in derogation of the bishop's authority is abso- 
 lutely void. 
 
 By statute 6 Geo. 2. c. 19. for making a chapel 
 in the town of Tiverton, in the county of Dean, 
 a perpetual cure. It is enacted that the wardens 
 of that chapel may let or sell by writing or other- 
 wise the pews in the said chapel ; so as every 
 such lease or sale be to an inhabitant of the 
 parish of Tiverton, and be for a term not ex- 
 ceeding twenty-one years : otherwise such lease 
 or sale shall be void. 
 
 The fifty new parish churches founded in London 
 and Westminster and the suburbs, under the acts 
 passed in the time of Queen Anne, are endowed 
 with the tithes and ecclesiastical profits arising 
 within the limits of the parishes thereby esta- 
 blished ; and the law is in no way altered with 
 respect to the pews in such churches; except
 
 76 
 
 that in such of the existing chapels as the com- 
 missioners should erect into parish churches, the 
 following regulations are made by stat. 10 Anne, 
 chap. 11. 
 
 Sect. 17. This act shall not extend to prejudice 
 or alter the property or interest of any proprietor 
 in any of the chapels made parish churches 
 under this act, or in any of the pews within the 
 same, without the consent of such proprietor in 
 writing under his hand and seal : but that they 
 and their heirs, executors, and administrators 
 shall hold the same in such manner as if this act 
 had not been made. 
 
 18. Provided nevertheless, that if any of the 
 said proprietors shall be minded to sell or dis- 
 pose of their said properties in any of the pews 
 within any such chapel, the same shall be sold 
 and disposed of only to the inhabitants of the 
 parish of which such chapel shall be so made the 
 parish church. 
 
 4 Maule and Selwyn, 250. A church built 
 under the above acts, but no perpetual division 
 made as therein prescribed of the old and new 
 parish, the rates therein mentioned are, it 
 seems, to be joint. 
 
 It is not the compiler's intention to enter upon
 
 77 
 
 the law respecting other churches and chapels 
 which are of modern foundation, and the repairs 
 of which may be provided for, and regulations 
 made as to the pews by any particular statute : 
 to notice every statute would much increase the 
 size of this book, and the use perhaps not much : 
 but the churches built under the acts 58 Geo. 3. 
 c.45; 59 Geo. 3. c. 134; 3 Geo. 4. c. 72; and 5 
 Geo. 4. c. 103; being too numerous and impor- 
 tant to be passed, the substance of those acts, 
 as far as relates to pews in the new churches, is 
 inserted in the Appendix.
 
 78 
 
 CHAP. IV. 
 
 ON THE REMEDIES AGAINST INTRUDERS FOR THE 
 ILLEGAL OCCUPATION OF SEATS. 
 
 First, on tJie Remedies by the Ordinary. 
 
 IT seems an intruder may be peaceably removed 
 by the churchwardens. Howe v. Planner, 1 
 Saunders, 13. 
 
 Or they may clearly present an offender in the 
 spiritual court, which indeed is their peculiar 
 remedy and natural duty. 
 
 And the minister may also institute a suit in 
 the spiritual court against any person who with- 
 out his authority and the churchwardens', or the 
 license of the bishop, may make pews, or other- 
 wise commit trespass in the church. See in 
 Appendix, the case of Jarratt, vicar of Wel- 
 lington v.- Steele, lessee of the great tithes for 
 building seats in the chancel. And the minister 
 htis also an action at law for such an offence, but 
 not the churchwardens, for none can bring such
 
 79 
 
 an action but the owner of the freehold. Shaw, 
 69. And it was well in Jarratt's case to sue 
 in the spiritual court, for it seems, as the offence 
 was committed in the chancel, an action would 
 not lie. 
 
 Secondly, on the Remedies by the Parties 
 disturbed. 
 
 The party first in possession by the church- 
 wardens appointment, may maintain a suit in the 
 spiritual court against an intruder, though he 
 have neither a right by faculty, nor a prescrip- 
 tive right ; so as such intruder be not placed in 
 the seat by the churchwardens for the time being. 
 See the case of Pettman v. BVidger in the 
 Appendix. 
 
 And in an application to the bishop for a 
 faculty, ceteris paribus, he would doubtless be 
 preferred to any that might compete with him. 
 
 For a disturbance in his seat, a man claiming 
 by prescription may sue in the spiritual court ; 
 nor will a prohibition of necessity issue, for the 
 defendant may, if he will, admit the prescription 
 to be tried there, as a defendant does a modus, 
 or a pension, by prescription. 2 Salkeld, 551 ; 
 Lord Raymond, 755.
 
 80 
 
 But as the immediate power of the spiritual 
 court extends only to spiritual censures, the more 
 effectual remedy for a man claiming by prescrip- 
 tion or faculty, is an action of trespass on the 
 case, which may be brought against an intruder 
 by any one shewing his title to the pew by pre- 
 scription as appurtenant to a messuage ; or 
 claiming under an existing faculty from the 
 bishop. Espinasse, N. P. 643. 
 
 But an action of trespass vi et armis will not 
 lie in either case, because the plaintiff has not 
 the exclusive possession of the pew, the pos- 
 session of the whole church being in the parson. 
 1 T. R. 430. 
 
 And a bill in chancery will not lie to be 
 quieted in possession of a pew, although the 
 plaintiff had had a decree before the ordinary for 
 it; for the court cannot examine whether the 
 bishop has done right, nor will his decree bind 
 his successors. Baker v. Child, 2 Vernon, 226. 
 
 The consideration of the remedies of parties 
 dispossessed under the bishop's grant, is re- 
 served for the next chapter.
 
 81 
 
 In case a man sues in trespass on the case 
 under a faculty, he ought to show himself en- 
 titled within the rules of the ecclesiastical law : 
 the grant may be to a man for life ; or to a man 
 so long as he continues a parishioner ; or to him 
 and the occupiers of the house in which he lives 
 for the time being; or for any shorter term: 
 and in Stocks v. Booth, 1 T. R. 428, it was held 
 that a faculty to a man and his heirs in gross, 
 i. e. not expressly granted to the occupiers of 
 his house for the time being, conferred a privi- 
 lege personal to the grantee only, in which nei- 
 ther his representatives nor any strangers, future 
 inhabitants of the house, could participate. And 
 the faculty should be made on condition of the 
 grantees repairing. And it seems that whether 
 such a condition is expressed in the faculty or 
 not, the right of possession under it ceases, if 
 the possessor refuse to do the repairs. 
 
 But repairs need neither be averred in the de- 
 claration nor proved at the trial against a mere 
 intruder. [See post.] 
 
 The spiritual courts have repeatedly decreed 
 against the validity of a faculty, if rent be re- 
 served to the churchwardens, or there be any 
 
 valuable consideration for the seat; and the 
 
 G
 
 m 
 
 chancellor will not interfere to establish a faculty. 
 2 Vernon, 226. 
 
 The plaintiff* must prescribe, if he claims by 
 prescription, that he is seized of an ancient house, 
 and that he and all those whose estate he hath 
 therein have time out of mind used and had a 
 seat in the church for themselves and their fami- 
 lies as belonging to the said house. Shaw, 77 ; 
 Stocks v. Booth, 1 Term Reports, 428 ; Kenrick 
 v. Taylor, 1 Wilson, 326. 
 
 This prescription may be supported by an en- 
 joyment for thirty-six years, and perhaps any 
 time above twenty years is good presumptive 
 evidence of a faculty, 1 T. R. 428. But where 
 a pew was claimed as appurtenant to an ancient 
 messuage, and it was proved that it had been so 
 annexed for thirty years, but that it had no 
 existence before that time, it was held this mo- 
 dern commencement defeated the prescriptive 
 claim. 5 T. R. 296. And possession alone for 
 sixty years was held insufficient. 1 T. R. 428. 
 
 And in these prescriptions there is not much 
 exactness required, for if an action on the case 
 is brought for disturbing the plaintiff, it is suffi-
 
 83 
 
 cient for him to allege that he is seized in fee of 
 a messuage, &c. (without saying an ancient 
 messuage,) and that he and all those whose 
 estate he hath in the said messuage, had (without 
 saying time out of mind) a seat in the church, &c. 
 Hetley, 92. 
 
 Price v. Littlewood, 3 Campbell, 288. 1812. 
 Plaintiff who claimed by prescription a pew in 
 the gallery of Hendon church, was permitted to 
 prove his right to the pew in an action on the 
 case for disturbance by the parish vestry book, 
 in which was an entry, dated Oct. 1791, which 
 entry was signed by the churchwardens, and 
 stated that the church had been new leaded and 
 repaired at the costs of the parish, except the 
 aisles over the two galleries, one of which be- 
 longed to A. B. (under whom the plaintiff 
 claimed) and the other to J. S. which were 
 leaded and repaired at the charges of the said 
 A. B. and J. S. in consideration of their using 
 the said galleries. 
 
 o 2
 
 84 
 
 CHAP. V. 
 
 
 
 ON THE REMEDIES AGAINST THE ORDINARY FOR 
 THE ILLEGAL DISPOSITION OF SEATS. 
 
 THERE lies an appeal to the court of the arch- 
 bishop, in case the grant of the bishop is illegal. 
 
 A grant of a pew is illegal, and will be re- 
 versed on appeal, if it be made assignable : 
 " There is one cause in this faculty which is 
 illegal ; a permission to the parties erecting seats 
 to sell the same." See the judgment of the 
 court in Stevens v. Woodhouse and Buller, in 
 the Appendix. 
 
 And Sir William Scott, in Walter's case, 
 condemned as illegal the churchwardens having 
 set a price upon the sites of pews. 
 
 Mr. Anderdon's Treatise on the Duties of 
 Churchwardens, contains notices of several 
 grants pronounced invalid, on principles often 
 repeated in the course of this work. In one 
 case (Kensington v. Fryer) the churchwardens
 
 85 
 
 and vicar; and in another (Harford v. Jones) 
 the vestry,, for valuable considerations, had 
 granted pews to certain persons and their as- 
 signs. And in both cases the court treated the 
 grants as nugatory. 
 
 But the better remedy where the ordinary dis- 
 possesses a man having a legal title to a pew by 
 prescription, or by faculty, is an action at law. 
 
 An action of trespass on the case lies against 
 the ordinary, as against an intruder, but with 
 some difference in the pleadings : in an action of 
 trespass against the ordinary, the plaintiff claim- 
 ing by prescription must prescribe not only as 
 before for a seat as appurtenant to a messuage, 
 but also that he and all those whose estate he hath 
 therein have time out of mind repaired the said 
 seat ; and the reason why he must allege such 
 repairs is, because the freehold being in the 
 parson, there must be some special cause shewn 
 for such a prescription. Shaw, 77. 
 
 And the plaintiff must also prove such repairs. 
 1 Wilson, 326. 
 
 But if the declaration do not allege repairs, 
 the want of it would be cured by a verdict. 
 Espinasse, N. P. 643. 
 
 And if a suit for a pew be instituted in (ho
 
 86 
 
 ecclesiastical court, the like allegations must be 
 made, in the suggestion for a prohibition, of use 
 and occupation of a pew annexed to a house, 
 and of repairs. Shaw, 77. 
 
 An uninterrupted possession for sixty years 
 will not give a title, if neither a faculty nor a 
 prescriptive right appears. Stocks v. Booth, 1 
 Term Reports, 428. 
 
 A man claiming a pew in gross must produce 
 his faculty, and without it after possession for 
 sixty years if he do not claim as occupant of a 
 certain house, he cannot recover. Ib. 
 
 In the cases of Kensington v. Fryer, and Har- 
 ford v. Jones, above referred to, the vicar and 
 churchwardens in one case, and in the other, the 
 vestry, had granted pews, as it seems, by deed; 
 such grants were clearly void as invasions of 
 the prerogative of the bishop, by whom alone all 
 grants (as distinguished from temporary ap- 
 pointments} must be made, not to mention the 
 consideration paid, which is also irregular, and 
 in every case discountenanced by the ecclesias- 
 tical courts. 
 
 The churchwardens are not (by 27 H. 8. c. 25)
 
 87 
 
 to continue in office more than a year: they are 
 intrusted with part of the bishop's authority ; 
 and that is the extent of their trust : and gene- 
 rally when they doubt in any case as to what 
 they may legally do in their parish, they may 
 suppose the bishop in their place ; and what 
 they would approve as just, moderate, and be- 
 coming in him, that they may safely do : but 
 seeing no deputy has greater rights, as a deputy, 
 than his principal, they ought not to do more. 
 
 In the following case which lately happened 
 within the compiler's knowledge, it is hard to 
 say whether the churchwarden exceeded his au- 
 thority or not. 
 
 The occupier of his own freehold in a parish 
 in Buckinghamshire, obtained the leave of the 
 churchwardens to divide, and appropriate to the 
 use of his family, half a public seat in the church : 
 he expended a considerable sum in making and 
 lining the seat, and providing basses, mats, and 
 cushions, which, when worn out, he renewed; 
 afterwards he sold the house and left the country, 
 and one of the then churchwardens took pos- 
 session of the pew and furniture as his own pri- 
 vate right, and continues with his family to 
 use it.
 
 88 
 
 Perhaps he had a right to prefer himself in 
 the disposition of the seat, (which, by the bye, 
 was intended to be sold with, and was claimed 
 by the purchaser of the house.) But there 
 seems great question whether he can justify the 
 appropriation to his own use of the goods ; 
 Degge, 172, holds the goods unfixed may be re- 
 moved by him who set them up, and quotes 
 8 H. 7. 12. And if, as others say, under stat. 
 10. H. 4. they become goods of the church, and 
 may not be removed by him who found them, all 
 the authorities agree that the 'churchwardens are 
 but the trustees of the parishioners, if they sue 
 and recover. Degge, 177; Shaw, 74, 81. 
 
 On the other hand, it seems the churchwar- 
 dens cannot of themselves alien the goods of the 
 church. 
 
 The churchwardens may dispose of any church 
 goods in their possession, but not without the 
 consent of a vestry. Nelson, 186; Shaw, 74.
 
 81) 
 
 CHAP. VI. 
 
 ON CHAPELS. 
 
 "Op chapels there are three sorts Free Chapels, 
 Chapels of Ease, and Private Chapels. 
 
 " As to what those chapels were that were 
 called free chapels, I find likewise some differ- 
 ence of opinions, for some have been of opinion 
 that they were chapels founded in parish churches, 
 and endowed by the founder, and made free to 
 all people to come, and therefore called free 
 chapels. Others [as Gibson, 210; Godolphin, 
 145] were of opinion that they were chapels 
 built by the kings of this realm, or by their 
 license, and exempted from the visitation of the 
 ordinary. Others take them for donatives, and 
 therefore called free chapels, because they were 
 freely given. These free chapels, whatsoever 
 they were, were all given to the king in the 
 first year of Edward the Sixth, save some few 
 that are excepted in the acts of parliament by 
 which they were given; or such as are founded
 
 by the king or bis license since the dissolution ; 
 for it is agreed on all hands that the king may 
 erect a free chapel, and free it from the juris- 
 diction of the ordinary, or may license a subject 
 so to do. 
 
 " Chapels of Ease ; some of them have paro- 
 chial rights to christen and bury, and are there- 
 fore called parochial chapels by way of distinc- 
 tion from others that have no such privilege; 
 and these differ in nothing from churches but in 
 the want of rectories and indowments, the mother 
 being to be served before the daughter. Those 
 chapels of ease which are not parochial cannot 
 bury or christen, but are only used for the ease 
 of the parishioners wherein to hear the word of 
 God read and preached, and to join in prayer. 
 
 " Chapels have like officers for the most part as 
 churches have, distinguished only in name, and 
 these chapels must be consecrated by the bishop 
 as churches are ; and the repairs must be made 
 by assessment on the inhabitants and land- 
 holders within the chapelry, in the same manner 
 as for the repair of churches; [and so Gibson, 
 209;] and are visitable by the ordinary; and 
 the like appeals there are to the ordinary for 
 unequal assessment, but all this must be in-
 
 91 
 
 tended of ancient chapels, and where this course 
 hath been used : for if there be land given for 
 the repair of them,, or any land or estate charged 
 by prescription to the repair of them, then the 
 custom must be observed. 
 
 " But of new chapels of ease there may be some 
 question whether the ordinary can compel the 
 inhabitants to repair the same. But when a 
 number of people have for their ease joined 
 together, and erected a chapel, and procured the 
 bishop to consecrate it, (which was the original 
 manner of erecting churches,) it should seem in 
 reason that the bishop should have the same 
 power to compel the repair as he has to visit it. 
 
 " I conceive there is no doubt but those of the 
 chapelry, or the major part of them, may agree 
 to make an assessment for the repair of such 
 chapels, and agree that the collector, for default 
 of payment, should distrain for it. And I con- 
 ceive such by-law for a public good, made by 
 the greater number, shall bind the rest. Refertur 
 ad universes quod publice fit per mcyorem 
 partem. The cure of chapels of ease in many 
 places is to be performed by those that have the 
 cure of souls in the parish, and in some places 
 they are indowed with lands or tithes, and in
 
 92 
 
 some places by voluntary contributions. And 
 laud or tithes may be appendant to a chapel. 
 
 " Whosoever by law or custom is bound to 
 provide chaplains for any such chapel, may be 
 compelled to do it in the ecclesiastical courts, or 
 an action upon the case for damages lies against 
 him at common law for not performing ; but this 
 must not be intended of a public chapel. 
 
 " The offerings made at any chapel are to be 
 rendered to the mother church ; but this must 
 not be intended where by custom, time out of 
 mind, the chaplain has had them ; for there the 
 canon will not bind; nor does the canon extend 
 to chapels of late erection, unless they be esta- 
 blished with a Salvo Jure Matris Ecclesiae. 
 
 " If the patron of a chapel presentative, pre- 
 sent to it by the name of a church; and the clerk 
 by that presentment be instituted and inducted ; 
 it hath lost the name of a chapel, and gained 
 the name of a church : Quaere what other alte- 
 ration is made thereby ? 
 
 " Public chapels annexed to parish churches 
 are, as hath been said, to be repaired by the 
 parishioners as the church is, but not if any 
 other person be bound by custom to repair 
 them.
 
 93 
 
 " And note that a quare impedit will lie of a 
 chapel. 
 
 " Private chapels are such as noblemen and 
 other religious and worthy persons have, at 
 their own private charge, built in or near their 
 own houses for them and their families to per- 
 form religious duties in ; these private chapels 
 and their ornaments are maintained at the charge 
 of those to whom they belong, who themselves 
 provide chaplains for them with honourable pen- 
 sions ; and these anciently were all consecrated 
 by the bishop of the diocese, and ought still to be 
 so, but I doubt many have been neglected of late 
 time." Degge, 185, 6, 7, 8. 
 
 These domestic chaplains are not consecrated, 
 and are exempted from the bishop's jurisdiction. 
 Nelson, 168. 
 
 Free chapels were places of religious worship 
 exempt from all ordinary jurisdiction, save only 
 that the incumbents were generally instituted 
 by the bishop, and inducted by the archdeacon 
 of the place. Most of these chapels were built 
 upon the manors and ancient demesnes of the 
 crown whilst in the king's hands, for the use of 
 himself and retinue when he came to reside 
 there ; and when the crown parted with those
 
 94 
 
 estates, the chapels went with them and retained 
 their first freedom. But some lords having had 
 free chapels in manors that do not appear to 
 have been ancient demesne of the crown, such 
 are thought to have been built and privileged by 
 grants from the crown. Tanner's Notit. Monast. 
 Pref. 28. 
 
 A chapel merely of ease is that which was not 
 allowed a font at its institution, and which is 
 used only for the ease of the parishioners in 
 prayers and preaching ; (sacraments and burials 
 being received and performed at the mother 
 church ;) and commonly the curate is removeable 
 at the pleasure of the parochial minister: ac- 
 cording to what Liudwood says, where the mi- 
 nister of the mother church has the cure of 
 them both, yet he exercises the cure there by a 
 vicar, not perpetual but temporary, and remove- 
 able at pleasure, though in this case Lindwood 
 observes elsewhere, that there may be in other 
 respects the rights of a parochial chapel by cus- 
 tom; but where a chapel is instituted, though 
 with parochial rights, there is usually (if not al- 
 ways) a reservation of repairing to the mother 
 church on a certain day or days, in order to pre- 
 serve the subordination. Gibson,
 
 95 
 
 The privileges of administering the sacra- 
 ments, especially that of baptism and the office 
 of burial, distinguish a depending chapel of ease 
 from a separate parochial chapel. Those being* 
 the true distinct parochial rites. And if any 
 new oratory has acquired and enjoyed this immu- 
 nity, then it differs not from a parish church, but 
 (says Mr. S el den) may be styled capella paro- 
 chialis. And till the year 1400, in all trials of 
 the rights of particular churches, if it could be 
 proved that any chapel had a custom for free 
 baptism and burial, such place was adjudged to 
 be a parocliial church. Hence at the first erec- 
 tion of these chapels, while they were designed 
 to continue in subjection to the mother church, 
 express care was taken at the ordination of them 
 that there should be no allowance of font or 
 bells, or any thing that might be to the prejudice 
 of the old church. And when any subordinate 
 chapel did assume the liberty of burial, it was 
 always judged an usurpation upon the rights of 
 the mother church, to which the dead bodies of 
 all inhabitants ought to be duly brought and 
 there alone interred. And if any doubt arose 
 whether a village were within the bounds of such 
 a parish, no argument could more directly prove
 
 the affirmative, than evidence given that the in- 
 habitants of that village did bury their dead in 
 the churchyard of the said parish. Rennet's 
 Parochial Antiq. 590, 591. 
 
 When by long use and custom parochial 
 bounds became fixed and settled, many of the 
 parishes were still so large, that some of the 
 remote hamlets found it very inconvenient to 
 be at so great a distance from the church, and 
 therefore for the relief and ease of such inha- 
 bitants, this new method was practised of build- 
 ing private oratories or chapels in any such re- 
 mote hamlet in which a capellane was sometimes 
 endowed by the lord of the manor, or some 
 other benefactor, but generally maintained by 
 a stipend from the parish priest, to whom all 
 the rights and dues were entirely preserved. 
 Ib. 587. 
 
 But in order to authorize the erecting of a 
 chapel of ease, the consent of the diocesan, the 
 patron, and the incumbent, if the church was 
 full, were all required. Ib. 585, 586. 
 
 A chapel may prescribe for tithes against the 
 mother church, thus in the case of Sayer and 
 Bland, (4 Leon. 24,) when the parson libelled 
 for tithes against an inhabitant of a hamlet where
 
 97 
 
 there was a chapel of ease, and it was shewn on 
 the other side, time out of mind, the said hamlet 
 had found a clerk to do divine service in the said 
 chapel with part of their tithes, and (what was 
 an usual composition upon the erection of a 
 chapel) paid a certain sum of money to the 
 parson and his predecessors for all tithes ; the 
 prescription was held to be good, and a prohibi- 
 tion granted. Gibson, 209. 
 
 Whenever a chapel of ease is erected, the 
 incumbent of the mother church is entitled to 
 nominate the minister, unless there is a special 
 agreement to the contrary, which gives a com- 
 pensation to the incumbent of the mother church ; 
 a mere arbitrary agreement between patron and 
 parson and ordinary, without such a compensa- 
 tion is not be supported. Ambl. 532. The 
 ancient custom of electing and nominating a 
 capellane, was that he was either arbitrarily 
 appointed by the vicar, or by him nominated 
 to the rector and convent, whose approbation 
 did admit him ; or was nominated by the inha- 
 bitants (as founders and patrons) to the vicar, 
 and by him presented to the ordinary : for cus- 
 tom herein was different. Sometimes a capellane 
 was to be presented by the patron of the church 
 
 n
 
 98 
 
 to the vicar, and by him to the archdeacon, who 
 was then obliged to admit him ; at other times 
 the lord of the manor presented a fit person to 
 the appropriators, who without delay, were to 
 give admission to the person so presented. 
 Ken. P. A. 589. 
 
 It is said by Rolle, that if the question be in 
 the court Christian, whether a church be a parish 
 church, or only a chapel of ease, a prohibition 
 lies. 2 Abridgment, 291 ; e contra Shaw, 
 p. 5. 
 
 And Dr. Watson (c. 23) says, if the de- 
 fendant in a quare impedit shall plead that the 
 same is a chapel, and DO church, this matter 
 shall be tried by the country and not by the 
 bishop. 
 
 But Dr. Gibson says (210) that a chapel, or 
 no chapel, ought to be tried by the spiritual 
 judge; for a chapel is spiritual as well as a 
 church, and when two spiritual things are to be 
 tried, no prohibition shall be granted ; in like 
 manner as it goeth not when a modus is pleaded 
 in a dispute between two spiritual persons, to wit, 
 the rector and vicar about tithes. 2 Roll's Abr. 
 312; Syd. 332. 
 
 But, he says, (213) if a question is depending
 
 as to the limits thereof, whether a chapel of ease 
 or a parish church, or whether a chapel of ease 
 or a parochial chapel, the same shall be tried as 
 to the limits in the temporal court. 
 
 As to the liability of the inhabitants of a cha- 
 pelry to contribute to the repairs of the mother 
 church, see chap. II, 
 
 11 -
 
 100 
 
 . 
 
 CHAP. VII. 
 
 SECTIONS OP THE NEW CHURCH ACTS WHICH 
 EXTEND TO OLD CHURCHES. 
 
 58 Geo. 3. c. 45. sect. 59. The churchwar- 
 dens of any parish may, with the consent of the 
 vestry or select vestry, or persons possessing 
 the powers of vestry, and with the consent of 
 the bishop and incumbent, borrow upon the 
 credit of the rates of any such parish such sum 
 or sums of money as shall be necessary for de- 
 fraying the expense or any part of the expense 
 of enlarging or otherwise extending the accom- 
 modation in the then existing churches or cha- 
 pels of such parish ; and may make rates for the 
 payment of the interest of such money so to be 
 borrowed, and for providing a fund of not less 
 than the amount of the interest of the sum ad- 
 vanced, for the repayment of the principal ; or 
 for repaying such principal in such manner and 
 at such times and in such proportions as shall
 
 lot 
 
 be agreed upon with the persons advancing any 
 such money ; Provided always that one half of 
 the additional accommodation which shall be ob- 
 tained by any such expenditure shall be allotted 
 to uninclosed or free seats. 
 
 Sect. 65. In any parish or extra parochial 
 place in which it shall appear to the bishop of 
 the diocese that the churches or chapels now 
 existing, or which may be built or provided 
 under any of the provisions of this act, do not 
 or will not afford sufficient accommodation for 
 the parishioners to attend divine service, and in 
 which he shall think it expedient that additional 
 accommodation should be provided; and that 
 such purpose would be answered by the celebra- 
 tion on Sundays, and on the great festivals, of a 
 third or additional divine service being either 
 the morning or evening service of the church as 
 he shall direct, with a sermon, in the churches 
 or chapels existing at the time of passing this 
 act; or by the celebration of a third or addi- 
 tional service as aforesaid, with a third sermon 
 in any church or chapel built under the provi- 
 sions of this act ; such bishop may require the 
 incumbent of every such parish, district-parish, 
 or extra parochial place, to nominate to him a
 
 102 
 
 proper person to be licensed to serve as a curate 
 in the existing church or chapel or church or chapel 
 so be built as aforesaid, for the performance of 
 such third service with a sermon : and such in- 
 cumbent shall within six months after such requi- 
 sition nominate such curate to the bishop to be 
 licensed, and in default of such nomination, such 
 bishop may nominate and license a proper curate 
 for the purpose aforesaid : and may require the 
 churchwardens of every such church or chapel 
 to let for the said additional service such pro- 
 portion of the pews of such church or chapel, 
 (not being pews held by faculty or prescription,) 
 and at such rates as he shall think sufficient to 
 afford a competent salary to such curate : and 
 such churchwardens are hereby empowered and 
 required so to let the same, and to raise and 
 levy in the manner directed by this act the rents 
 from the persons who may take the pews; re- 
 serving such number of sittings as free seats as 
 to such bishop shall appear expedient, not being 
 less than one fourth. Provided always that if 
 in any parish, district-parish, or place, as afore- 
 said, any number of persons shall represent to 
 such bishop that they are willing to provide by 
 subscription an annual sum sufficient to afibrd a
 
 103 
 
 competent salary to a curate for the performance 
 of such additional service with a sermon, and he 
 shall think such mode of providing a salary for 
 such curate more expedient than the raising of 
 such salary by pew rents. He may require the 
 incumbent of such church or chapel to nominate 
 a curate to him as aforesaid, and in default, 
 appoint a curate himself. Provided always that 
 such curate so nominated and licensed shall be 
 subject to all laws to which stipendiary curates 
 are subject, except so far as relates to the 
 amount of salary, and the mode of raising the 
 same, which shall be regulated according to the 
 provisions of this act. 
 
 66. In case such provision for an additional 
 service shall be made by subscription, every 
 person so subscribing (being a parishioner) shall 
 have the option of any pew in such church or 
 chapel (not being a pew held by faculty or pre- 
 scription) for the time of such additional service 
 and sermon in order according to the amount oi 
 subscription, or (in case of equality of the sums 
 subscribed) the date of his subscription; and 
 shall continue to hold such pew so long as he 
 shall pay such subscription and no longer. 
 Provided also that if at any time, the whole
 
 KM 
 
 amount of such subscription shall iail to produce 
 a salary competent in the bishop's opinion for 
 such curate, he, the bishop, may require the 
 churchwardens to raise, by letting a proportion 
 of the pews as aforesaid, a sum sufficient to 
 make up the said salary ; provided always that 
 the salary to be given to such curate for the per- 
 formance of the said additional service with 
 sermon shall in no case, except when raised en- 
 tirely by subscription, exceed the sum of eighty 
 pounds per annum. 
 
 59 Geo. 3. chap. 134. sect 14. The church- 
 wardens of any parish, with the consent of the 
 vestry, or persons possessing the powers of 
 vestry, and of the bishop and incumbent, may 
 borrow upon the credit of the church rates, or 
 of any rates of any such parish made under act 
 58 G. 3. c. 45. or under this act, such money as 
 shall be necessary for repairing any churches or 
 chapels; and shall and may in any such case 
 raise by rate a sum sufficient from time to time 
 to pay the interest of the money so borrowed, 
 and not less than 10. per cent, of the principal, 
 until the whole of the money borrowed be 
 repaid. 
 
 25. The majority of inhabitants of any parish
 
 105 
 
 assembled in vestry after notice given on two 
 successive Sundays preceding the meeting, or 
 two thirds of the vestry assembled after ordinary 
 notice, may order the making a rate not exceed- 
 ing one shilling in the pound in any one year, or 
 five shillings in the pound in the whole upon the 
 annual value of the property in the parish, for 
 the purpose of building or enlarging any church 
 or chapel wholly or in part by means of rates : 
 and every such order shall be imperative upon 
 the churchwardens or chapelwardens of the pa- 
 rish in which such order shall be made, who 
 shall forthwith make and collect such rate in the 
 same manner in all respects as a church rate. 
 
 40. When any parish shall be desirous of ex- 
 tending- and increasing the accommodation in 
 the parish church, and it shall be found necessary 
 or expedient to that end to take down the exist- 
 ing church, and to rebuild the same on the same 
 site, or on a more convenient site ; the church- 
 wardens of such parish may, with the consent of 
 the vestry, or persons possessing the powers 
 of vestry, and also of the ordinary, patron, 
 incumbent, and lay-impropriator, if any such 
 there be, take down such existing church and 
 rebuild Ilir same upon the same or upon a m-\\
 
 106 
 
 site : and the said churchwardens are hereby 
 empowered to borrow upon credit of the church 
 rates of such parish, or any rates made under 
 the act 58 Geo. 3. c. 45, or this act, such money 
 as shall be necessary for defraying the expense, 
 or any part of the expense of the taking down 
 and rebuilding such church ; and to make rates 
 for the payment of the interest of such money 
 so to be borrowed, and for providing a fund of 
 not less than the amount of the interest of the 
 sum advanced for the repayment of the prin- 
 cipal thereof, or for repaying such principal, in 
 such manner, and at such times, and in such 
 proportions, as shall be agreed upon with the 
 persons advancing such money: provided always 
 that no church shall be so taken down and re- 
 built by means of rates upon any parish, if such 
 proportion of dissents as is in this act specified 
 in relation to any application to build or to en- 
 large any church or chapel either wholly or in 
 part by means of rates, is signified in writing in 
 manner directed by this act : and such church 
 when consecrated shall be to all intents and pur- 
 poses the parish church of such parish for the 
 celebration of divine offices, and the solemniza- 
 tion of marriages, according to the rites and ce-
 
 107 
 
 renionies of the church of England. Provided 
 always, that one half of the additional accommo- 
 dation which shall be obtained by the rebuilding 
 such church shall be set apart for free and open 
 sittings : and provided also that all persons en- 
 joying any pews or sittings within such church 
 so be taken down, in virtue of any faculty or 
 prescription, shall have a pew or pews, sitting 
 or sittings, as near as may be in the same situa- 
 tion, and of like dimensions allotted and set 
 apart for them in such new church. And that 
 all tombstones, monuments, and monumental 
 inscriptions in such church so to be taken 
 down, shall be carefully preserved by the 
 churchwardens, and when the said church shall 
 be rebuilt, be by them set up in such new church 
 at the charge of the parish, as near as circum- 
 stances will admit in the situations from whence 
 they were removed in the church so to be taken 
 down. 
 
 3 Geo. 4. c. 72. sect. 3. The commissioners 
 may procure, and take grants of, and require 
 parishes to furnish, in the way mentioned in the 
 former acts, or this act, in relation to sites for 
 additional churches, for any land or ground which 
 they may think necessary for the enlarging or
 
 108 
 
 improving any church or chapel, or which may 
 be convenient for the rebuilding any church or 
 chapel., whether contiguous to the present site 
 or not. 
 
 5. The commissioners may lend money for or 
 towards building any additional church or chapel, 
 or rebuilding any church or chapel under these 
 acts ; or for or towards enlarging or improving 
 any church or chapel in any parish or place ; or 
 for purchasing or in aid of purchasing any site 
 for any church or chapel ; or for executing the 
 other purposes of these acts, upon payment for 
 such loan of any interest not exceeding 5. per 
 cent, per annum, or without interest, if under 
 special circumstances they think fit. And such 
 loans shall be repaid as the commissioners shall 
 appoint, and shall be charged upon the church 
 rates of the parishes or places to which the same 
 shall be lent. 
 
 6. The church or chapelwardens of any parish 
 or place in which money is to be raised under 
 these acts may borrow on annuity. 
 
 8. The commissioners may, if lands cannot 
 be conveniently purchased by, and conveyed to 
 any parish or place for building or rebuilding 
 or enlarging any church or chapel, or making or
 
 109 , 
 
 enlarging any churchyard or chapelyard or ce- 
 metery, avail themselves of the powers of these 
 acts and take conveyances, &c. in behalf of the 
 inhabitants of such parish or place. 
 
 30. The commissioners may, by instrument 
 under seal, with the consent of the ordinary and 
 of the patron and incumbent of any parish or 
 place in which the church or chapel shall be rebuilt 
 under these acts, transfer the endowments of the 
 old church or chapel to the new ; provided the 
 inhabitants raise either by subscription or rate 
 and pay over to the said commissioners towards 
 the expense of rebuilding, such sum as they 
 would have been liable to raise in such parish 
 or place for the effectual reparation of the old 
 church or chapel.
 
 APPENDIX. 
 
 ON THE SEATS IN THE NEW CHURCHES. 
 
 THE act 58 Geo. 3. c. 45. " For building and promoting the 
 building of additional Churches in populous Parishes," after 
 reciting that the churches and chapels then existing in the 
 metropolis and its vicinity, and in many great and populous 
 parishes and extra parochial places, were inadequate to the 
 accommodation of the inhabitants : and that it was necessary 
 such evil should be remedied, and additional churches and 
 chapels for the celebration of divine service according to the 
 rites of the united church of England and Ireland as by law 
 established should be erected and maintained in such pa- 
 rishes and places, and that a certain number of free seats 
 should be made therein. And reciting that his Royal High- 
 ness the Prince Regent acting in the name and on the behalf 
 of his Majesty was desirous of aiding his subjects in the 
 establishing additional churches in such parishes and places 
 as might require the same. 
 
 Enacts (sect 1) that the king may authorize an issue of 
 Exchequer Bills to the amount of one million. Upon which 
 bills (sect. 7) the Bank of England may lend any sums of 
 money not exceeding in the whole one million. 
 
 8. His majesty may appoint commissioners for executing 
 this act. 
 
 9. The said commissioners shall examine into the present 
 state of the parishes and extra parochial places in the metro- 
 polis and its vicinity, and in all other parts of England and
 
 112 
 
 Wales, for the purpose of ascertaining the parishes and 
 places in which additional churches or chapels are most 
 required, and the most effectual and proper means of afford- 
 ing such accommodation as aforesaid. 
 
 10. The commissioners may appoint a secretary and clerk, 
 and make surveys, reports, &c. and assign reasonable 
 salaries. 
 
 1 1 . The treasury may issue money for defraying the charges 
 incurred in the execution of this act, of which an account 
 shall be laid before parliament. 
 
 12. The commissioners shall draw up rules for their pro- 
 ceedings and fix the sums to be allowed for building churches, 
 and lay such rules before the king in council. 
 
 13. The commissioners may grant money for the building 
 new churches in parishes where there is not accommoda- 
 tion in the churches therein for more than one fourth of the 
 population. 
 
 14. And whereas the sum granted by this act is inadequate 
 to the affording grants to all the parishes and extra parochial 
 places in want of sufficient accommodation for attendance 
 upon such divine worship as aforesaid : and whereas many of 
 such parishes and extra parochial places may be disposed to 
 raise by rates within limited periods, certain proportions of 
 the sums required to build such churches or chapels respec- 
 tively, or well disposed persons within the same or elsewhere 
 may be willing to raise by subscription such proportions, or 
 such a part thereof, as together with the money to be raised 
 by rate, will amount to such proportion ; in cases where any 
 parish or extra parochial place shall offer to contribute by 
 rate or subscription what the commissioners shall have fixed 
 upon as a proper proportion, the commissioners may grant 
 the remaining sum necessary ; and may also advance as a 
 loan any part of the proportion to be raised by rate. 
 
 15. Contains the rules to be observed by the commis- 
 sioners in selecting parishes for grants ; and in giving pre- 
 ference in grants. 
 
 16. In every case in which the commissioners shall be of 
 opinion that it will be expedient to divide any parish into two
 
 113 
 
 or more distinct and separate parishes for all ecclesiastical 
 purposes whatsoever, the said commissioners may, with the 
 consent of the bishop of the diocese in which such parish is 
 locally situated, signified under his hand and seal, apply to 
 the patron of the church of such parish for his consent to 
 make such division ; and such patron may signify his con- 
 sent, under his hand and seal, and the said commissioners 
 shall upon the consent of the said patron so signified, repre- 
 sent the whole matter to his majesty in council, and shall 
 state in such representation the bounds by which it is pro- 
 posed with such consent as aforesaid to divide such parish ; 
 together with the relative and respective proportions of glebe 
 land, tithes, moduses, or other endowments which will by 
 such division arise and remain within each of such respective 
 divisions ; and also the relative proportions of the estimated 
 amount of the value or produce of fees, oblations, offerings, 
 o- other ecclesiastical dues or profits which may arise within 
 each of such respective divisions ; and if thereupon his 
 majesty in council shall think fit to order such division to be 
 made, such order of his majesty in council shall be valid and 
 good in law for effecting such division : provided always, 
 that no such division of any parish into distinct parishes 
 shall completely take effect until after the death, resignation, 
 or other avoidance of the existing incumbent of the parish 
 to be divided. 
 
 1 8. The new churches of divided parishes to remain cha- 
 pels of ease during existing incumbency, and be served by a 
 curate to be nominated by such incumbent. 
 
 20. Where it shall not be convenient to divide a populous 
 parish or extra parochial place into several distinct parishes 
 as aforesaid, it may by order of the king in council be divided 
 into ecclesiastical districts ; or otherwise the commissioners 
 may build or aid the building chapels to be served by curates 
 appointed by the incumbent of the parish. 
 
 24. Such new parishes and new districts, when divided as 
 aforesaid, to be for all ecclesiastical purposes separate pa- 
 rishes. 
 
 .50. Where a parish is divided into districts only as afore 
 
 I
 
 114 
 
 -.ml, and not into complete parishes, the division is not to 
 affect the glebe, tithes, &c. but the original parish to remain 
 as before as to all such rights. 
 
 31. Notwithstanding any such division into new parishes, 
 or into districts, the whole parish to continue as before with 
 respect to all poor and other parochial rates, except as to 
 church rates, in so far as the same are regulated by the pro- 
 visions of this act. 
 
 55. Enacts that if no site for any new church, &c. shall 
 be provided in any parish, or extra parochial place, and duly 
 notified to the said commissioners within six months after 
 notice shall have been given by the said commissioners that 
 a site would be required, the said commissioners are hereby 
 empowered to purchase a site and charge the expense of 
 such purchase upon the rates raised or to be raised under 
 the provisions of this act in such parish, or extra parochial 
 place, giving notice of the amount, and of the periods within 
 which the repayment by instalments will be required. 
 
 56. Enacts that the church rates of the parish shall in all 
 cases be the security for the repayment of all money ex- 
 pended by the parish in providing any site or sites, or ad- 
 vanced by the commissioners to any parish under the provi- 
 sions of this act, or paid by the commissioners in cases of 
 neglect in providing sites, and all sums of money expended 
 or advanced under and in execution of this act in any parish 
 are hereby charged upon such rates , and the churchwardens 
 shall in every such case make proper and sufficient rates for 
 repaying such advances and expences within the periods 
 which the commissioners shall specify in that behalf. 
 
 57. Where any money shall have been expended in pur- 
 chasing a site or sites, or advanced by the commissioners 
 under this act for any extra parochial place in which no 
 church rates shall be collected ; the commissioners may re- 
 quire any justice or justices acting for the division of the 
 county in which such extra parochial place may be, and such 
 justice or justices shall from time to time appoint two or 
 more proper persons to levy rates for making such payments 
 and repayments as may be required under this act : and all
 
 115 
 
 such persons so appointed shall have the like powers for 
 enforcing payment of any such rates as any churchwardens 
 have by law in that behalf; and they are hereby required to 
 collect sufficient rates for making such payments and repay- 
 ments as aforesaid : and all such rates shall be deemed in 
 law church rates for the purposes of this act, and made, 
 collected, and accounted for as such : and all acts of par- 
 liament and provisions contained therein, and all ecclesias- 
 tical and other laws, powers, and authorities for levying 
 church rates shall apply for collecting such rates in any such 
 extra parochial place when necessary under the purposes of 
 this act. 
 
 58. Churchwardens, or persons appointed in any extra 
 parochial place, may with the consent of the vestry, &c. 
 borrow money on the credit of the rates so to be raised a* 
 aforesaid, and they are hereby required in any case in which 
 such money shall have been borrowed, to raise by rate a sum 
 sufficient from time to time to pay the interest of the money 
 borrowed, and one twentieth part of the principal, until the 
 whole of the loan be paid. 
 
 60. Provides that no offer shall be made to build or to 
 enlarge any church or chapel either wholly or in part by 
 means of rates upon any parish, unless with the consent of 
 the majority of the inhabitants paying poor rates ; or, where 
 there is a select vestry, then with the consent of four-fifths 
 of such vestry at least ; and unless with the consent of two- 
 thirds in value of the proprietors of lands and tenements. 
 
 61. The churchwardens of the parish in which a new 
 church or chapel shall be built may raise rates for the 
 purpose. 
 
 63. Enacts that the commissioners may make such orders 
 as they shall deem expedient as to the amount of rent to be 
 reserved for each pew or seat in any such church or chapd ; 
 and the produce of such rents shall form a fund, out of which 
 provision shall be made for the spiritual person appointed to 
 serve the church or chapel, and for a clerk. 
 
 64. The commissioners may assign out of pew rents a 
 proper stipend to the minis'ter of such new church or chapel, 
 
 I 2
 
 116 
 
 with the consent of the bishop of the diocese, and salary to 
 the clerk : and in case of disagreement as to the stipend 
 between the commissioners and the bishop, the archbishop 
 to settle the amount. 
 
 67. The patron and diocesan of district churches and cha- 
 pels to be the same as those of present parishes. 
 
 68. Where a chapel shall be built wholly or in part by 
 rate to be raised in any parish, the nomination of the mi- 
 nister of such chapel to remain in the incumbent of the 
 parish. 
 
 69. Principal and scholars of Brazennose to present to all 
 churches and chapels to be built in the parish of Stepney. 
 
 70. Enacts that the repairs of all such district churches 
 or chapels shall be made by the districts to which they re- 
 spectively belong, by rates to be raised within the district, in 
 like manner as repairs of churches by parishes; and every 
 such district shall be deemed in law a separate and distinct 
 paiish for that purpose ; and the repairs of all chapels not 
 made district churches shall be made by the parish in which 
 the chapel shall be built. 
 
 71. Each district of a parish to remain liable to the re- 
 pairs of the old parish church twenty years from the conse- 
 cration of the new church and no longer. 
 
 73. Two fit persons to be appointed to act as churchwar- 
 dens for every church or chapel built or appropriated under 
 this act at the usual period of appointment in every year, 
 one by the incumbent of the church or chapel, and the other 
 by the inhabitant householders entitled to vote, residing in 
 the district or extra parochial place to which the church or 
 chapel shall belong ; such two persons when elected to be 
 admitted and sworn according to law ; and they are to col- 
 lect the rents of seats and pews, and pay the stipends of the 
 minister and clerk, and do all lawful acts requisite for the 
 repairs and management of, and the observance of good 
 order in, the said church or chapel; and continue in office 
 until others be chosen in like manner in their stead. And 
 they are hereby authorized, in case of nonpayment of the 
 rents of the seats and pews in th6 said church or chapel, to
 
 117 
 
 enter upon and sell the same, or else to sue for and recover 
 the same by action for such rent in the name of " the 
 churchwardens of the church or chapel of - " (de- 
 
 scribing the same) as the case may require, without speci- 
 fying the Christian or surnames of such churchwardens ; and 
 no such action shall abate by reason of their death or going 
 out of office. 
 
 74. The churchwardens of every parish in which any 
 additional chapel shall be built under this act without a 
 division thereof into separate parishes or district parishes, 
 shall execute all such things as in case of such division the 
 churchwardens to be appointed under this act are required 
 to do. 
 
 75. Enacts that before the consecration of any church or 
 chapel under this act, a pew sufficient to hold six persons at 
 least shall be set -apart in the body or ground floor of the 
 church or chapel, and contiguous or near to the pulpit, for 
 the use of the minister of the church or chapel for the time 
 being and his f.imily ; and other seats in some other conve- 
 nient part of the church or chapel, not among the free seats, 
 capable of holding not less than four, for the use of the 
 minister's servants; and that pews, sittings, or benches in 
 every such church or chapel to be marked with the words 
 " free seats," amounting in the whole to not less than one- 
 fifth part of the whole of the sittings in every such church 
 or chapel which shall be built wholly or in part by rates, 
 shall also be appropriated and set apart for the use of poor 
 persons resorting thereto for ever : upon which pews for the 
 minister and his family and servants, and free seats, no rent 
 or assessment shall at any time be imposed. 
 
 76. Subscribers (being parishioners) to any chjurch or 
 chapel built under this act shall have choice of pews at the 
 rates fixed by the commissioners under this act in order of 
 the amount of their subscription ; and subscribers to the 
 same amount, in order of their subscription. 
 
 77. All the pews or seats in every such church or ch;i|u I. 
 except the free seats, shall for ever be chargeable with tin.- 
 \vaily nuts si-t opposiu- tin- numbers of the pews or SIM!-
 
 118 
 
 in a schedule to be signed by the commissioners and annexed 
 to the deed of consecration ; which rents shall be paid in 
 the vestry room by the occupiers of the said pews or seats to 
 the persons to be appointed churchwardens of the said 
 church or chapel by equal half yearly payments on the Mon- 
 day after Christmas Day, and after St. John the Baptist, 
 between nine and four. 
 
 78. The churchwardens may, with the written consent of 
 the incumbent, patron, and bishop, alter any such yearly 
 rents ; and a new schedule shall then be prepared, signed by 
 the churchwardens, incumbent, patron, and bishop, and kept 
 with the deed of consecration. 
 
 79. In case the rent of any pew or seat or any part of 
 such rent be unpaid three months after the same shall be- 
 come due, arid notice in writing demanding payment shall 
 have been given to the owner or occupier of such seat or 
 pew, then the churchwardens of the said church or chapel 
 may either enter upon and hold such seat or pew, or let the 
 same to any other person or persons as they shall think 
 proper, until the rent in arrear be paid, and all costs attend- 
 ing the recovery thereof; or otherwise may sell the same 
 seat or pew by public auction to the best bidder, and out of 
 the money pay the arrears with reasonable costs, rendering 
 the overplus if any to the owner or occupier of the seat or 
 pew ; or the said churchwardens at their discretion may sue 
 for the rerit in arrear by action of debt, or upon the case for 
 the use and occupation of such seat or pew. 
 
 84 85. Proviso, that this act shall not invalidate any 
 ecclesiastical law or constitution of the church of England, 
 or destroy any right or power of the bishop of any diocese, 
 or of any archdeacon, chancellor, or official; but he and 
 they may at all times hereafter visit, institute, and exercise 
 ecclesiastical jurisdiction in all the parishes to be erected 
 under this act as amply as in any other parish or place 
 within his or their respective jurisdiction. 
 
 The act 59 Geo. 3. c. 134. " to amend and render more 
 effectual an act passed in the last session of parliament for 
 building," &c. after reciting that it was expedient some of
 
 119 
 
 the provisions of the former act should be amended, and 
 others enlarged, Enacts 1st. certain articles as to the Ex- 
 chequer Bills granted by former act. 
 
 2. His Majesty may appoint commissioners to supply 
 vacancies. 
 
 3. The commissioners shall be a body corporate by the 
 name of " His Majesty's Commissioners for building new 
 churches," and have a seal. 
 
 4. The commissioners may allow the whole expense of 
 building churches if they see fit. 
 
 5. The commissioners may treat populous townships, 
 hamlets, villages, chapelries, and other divisions, as pa- 
 rishes. 
 
 6. The commissioners may unite parts of contiguous 
 parishes and extra parochial places into separate districts lor 
 ecclesiastical purposes; and make loans for building chapels 
 for the use of such districts ; and constitute any such dis- 
 trict a consolidated chapelry ; and the spiritual person ap- 
 pointed under the provisions of this act to serve such chapel 
 shall be legally presented and appointed by such person or 
 persons, and in such manner as may be agreed by the pa- 
 trons of the churches or chapels of such contiguous parishes 
 and extra parochial places respectively with the approbation 
 of the commissioners. 
 
 7. The commissioners may lend money for building before 
 it shall be determined as to the division of the parish ; or 
 whether such buildings when finished shall be churches or 
 chapels. 
 
 10. The clerks and sextons of any division of a parish 
 may recover their fees in like manner as such fees were 
 before recoverable by the clerk or sexton of the original 
 parish. 
 
 11. The commissioners, with consent of the vestry and of 
 the bishop, may fix the fees of any minister, clerk, or sexton. 
 
 22. The commissioners may grant money for providing 
 sites without requiring repayment or security, us required 
 under the former act. 
 
 23. The churchwarden or chapeiwarden of any |uiMi <-i
 
 120 
 
 division of any parish, or of any consolidated or district 
 chapelry in which any rates shall be made under this act or 
 the former act, may sue for and recover such rates by the 
 same means as church rates are recovered. 
 
 24. Repeals the enactment in sect. 60 of former act, that 
 no offer to build, &c. by means of rates be made without the 
 consent of two-thirds in value of the proprietors, &c. And 
 enacts that no such offer shall be made if one-third in value 
 dissent. 
 
 26. The commissioners may order that the rents of the 
 pews in any church or chapel built under the former act or 
 this act, shall be assigned to the parish or district, and 
 received by the churchwardens or chapelwardens there, who 
 shall thereupon be required to pay the stipends which may 
 be fixed under this act to the minister and clerk : provided 
 that the parish shall not in any such case be answerable to 
 such minister or clerk for more in each year than the rent of 
 the pews let in the year preceding. And any surplus of pew 
 rents after payment of such stipend and other expences shall 
 (except as next after mentioned) be invested in government 
 securities, in the name of trustees to be appointed by the 
 bishop, and accumulate for building or purchasing a house 
 (with his consent) for the residence of the minister of the 
 church or chapel ; and after the completion of such purpose, 
 then to the augmentation of such minister's stipend, or to 
 the reduction of the pew rents, or the encrease of the 
 accommodation in any such church or chapel as the bishop 
 shall direct. 
 
 27. Proviso, that the surplus of such pew rents remaining 
 after payment of such stipend and other expences, may by 
 the commissioners be charged with the payment of any 
 money advanced at interest or by way of annuity or other- 
 wise towards building any such church or chapel, or for pur- 
 chasing the site thereof and defraying expences relative 
 thereto, and in keeping such church or chapel in repair ; 
 and the residue of such pew rents (if any) shall be applied 
 in manner before directed, or in aid of the church rate to be 
 raised in such parish if the commissioners shall so think fit :
 
 and that such churchwardens or chapel wardens, with the 
 consent of the commissioners, may borrow at interest or 
 by way of annuity or otherwise money for or towards 
 building such church or chapel, or purchasing such site, 
 or defraying the expences relative thereto upon the credit 
 of such pew rents, and by writing under their hands may 
 charge such pew rents (subject to such stipend and ex- 
 pences as aforesaid) with the payment of such money with 
 interest, or with any such annuity or annuities as aforesaid, 
 in such manner as such churchwardens or chapelwardens 
 think fit. 
 
 29. The clerk in every church or chapel erected under the 
 former act or this act shall be annually appointed by the 
 minister. 
 
 30. For the care and management of the concerns of 
 every new church or chapel, a select vestry shall be ap- 
 pointed by the commissioners, with the advice of the bishop, 
 out of the substantial inhabitants of the district or division 
 or district chapelry or consolidated chapelry, where there 
 shall not already be a vestry. And such select vestry shall 
 annually elect the churchwarden or chapelwarden to be 
 named on the part of the parish or chapelry, and shall elect 
 new members of such vestry as vacancies arise : and proper 
 pews shall be assigned and provided in every such church 
 and chapel for the use of the churchwardens or chapelwar- 
 dens thereof. 
 
 31. The churchwardens and chapelwardens of any such 
 church or chapel, with the consent of the patron and incum- 
 bent, and in case the pew rents shall have been assigned to 
 the parish, then with the consent of the vestry of the parish, 
 shall and may make such alteration in any such pew rents 
 as the bishop shall from time to time direct. 
 
 32. The churchwardens or chapelwardens of any addi- 
 tional church or chapel shall riot let or sell any pews or seats 
 except to parishioners during the time such parishioners 
 shall continue to inhabit the parish ; and every sale of any 
 pew or seat shall be subject to such reserved rent as shall 
 have been fixed under the provisions of the former act or
 
 1*2 
 
 this act, and shall be by private contract ; and all pew rents 
 under the former act and this act, shall be payable in ad- 
 vance, viz. one year's rent shall be paid on the admission to 
 the pew or seat, if such admission shall be given at Lady 
 Day or Michaelmas, or if at any intermediate period, then 
 the proportion of the half-year to Lady Day or Michaelmas 
 as the case may be, and a half year's rent over such propor- 
 tion ; and thereafter half-yearly payments shall be made in 
 advance, commencing on the Lady Day or Michaelmas imme- 
 diately following the taking of such pew ; and every such 
 pew or seat shall be forfeited and become vacant by the dis- 
 continuance of any such payment in advance for two follow- 
 ing half-years. 
 
 33. The commissioners may discharge any person sub- 
 scribing towards the building of any church or chapel, 
 wholly, or in any part, from the payment of pew rents in the 
 said church or chapel; for a limited time, or for life; in 
 such proportion to the amount of their respective subscrip- 
 tions as they the commissioners shall see fit : and may allow 
 any such subscriber if he shall remove from the parish, to 
 assign the remainder of such term to any other person inha- 
 biting the parish. 
 
 The act 3 Geo. 4. c. 72. " to amend and render more 
 effectual two acts passed 58 and 59 Geo. 3. for building," &c. 
 after reciting that it was expedient some of the provisions 
 of the said acts should be amended, and others explained 
 and enlarged, and that additional provisions should be made 
 for rendering the said acts more effectual, enacts 
 
 Sect. 11. The commissioners may, in case of a division of 
 any parish, apportion any charitable gifts which may have 
 been made to such parish among the several divisions, and 
 also any debts before such apportionment contracted upon the 
 credit of any church rates in such parish. 
 
 20. All chapels appropriated, built, or improved under 
 these acts, or under any local act in cases not provided for 
 by such local act, in aid of the churches of the parishes or 
 places in which they shall be situated, (whether any districts 
 of any such parishes shall have been assigned or not for
 
 123 
 
 ecclesiastical purposes to such chapels,) shall be repaired by 
 the respective parishes or places at large to which such cha- 
 pels shall belong. 
 
 '21. The commissioners, where any division of any parish 
 under these acts shall be again divided, and on which any 
 church or chapel shall be built, &c. under these acts for the 
 use of such new division, may by deed declare all liability 
 to any repairs of the church or chapel of the division from 
 which such new division shall be made, shall cease from the 
 period by such deed specified, and thereupon after such 
 period the new division shall be liable to the repairs of its 
 own church or chapel only, and to the repairs of the church 
 of the original parish for the remainder of the twenty years 
 under the recited acts. 
 
 23. The commissioners may (with the consent of the 
 owners) transfer any rights to pews in any existing church or 
 chapel belonging to persons residing in a division of any 
 parish or place in which a new church or chapel shall have 
 been built, &c. under these acts, to the church or chapel 
 of the division in which such owners reside in order to 
 encrease the free seats in the church or chapel from which 
 such rights shall be transferred : and such owners shall 
 have the same titles to the pews so assigned as in their 
 former pews, or such right and title as shall be directed in 
 such assignment without any faculty or other process than 
 such assignment ; which assignment shall be registered in 
 the registry of the diocese, and a duplicate lodged in the 
 chest of the church or chapel in which such pews shall be 
 assigned. 
 
 24. In every case in which rents shall have been fixed 
 upon the pews in any church or chapel under these acts, 
 notice shall be given for six successive weeks at the end of 
 each year of all the pews which are vacant, or which will 
 become vacant at the commencement of the next year, by 
 fixing a notice in writing on the doors of the church or 
 chapel and vestry room ; and such pews as shall not be 
 taken at the rent respectively fixed thereon within fourteen 
 days after the commencement of the ensuing year, shall bt-
 
 
 124 
 
 let to any inhabitant of any adjoining parish or place in 
 the church whereof there shall not be sufficient accommo- 
 dation at the rent so fixed upon such pews respectively for 
 any term not exceeding the end of the year ; and at the 
 expiration of the year, and also of every succeeding year in 
 which any such pews shall be rented by inhabitants of any 
 adjoining parishes, such pews shall be inserted in the list of 
 vacant pews, to be taken in preference by the inhabitants of 
 the parish or place to which the church or chapel shall 
 belong ; and all such pews as may not be so taken by any 
 inhabitant of the parish or place, may again be let, and so 
 on from year to year, to any inhabitants of any adjoining 
 parish or place. 
 
 25. Proviso, that in case any inhabitant to whom any 
 lease or demise of any pew, seat, or sitting in the church or 
 chapel of the parish or place or division or district of which 
 he shall be an inhabitant, shall be granted for any longer 
 term than one year, shall cease to be an inhabitant of the 
 said parish, place, division, or district, or shall discontinue 
 his attendance at the church or chapel for the space of 
 one year, then and in every such case his lease, term, and 
 interest in such pew, seat, or sitting, shall at the end of the 
 then current year of the said term cease and determine to 
 all intents and purposes whatsoever ; and such pew, seat, or 
 sitting, shall be again let in manner as before mentioned. 
 
 The act 5 Geo. 3. c. 103. " to make further provision, 
 and to amend and render more effectual three acts passed, 
 &c. for building and promoting the building of additional 
 churches," &c. Enacts, sect l.that for rendering the said 
 acts more effectual, His Majesty may authorize a further 
 issue of Exchequer Bills to the amount of half a million for 
 the purposes of the said acts. 
 
 5. Whenever any twelve or more substantial householders 
 of any parish, township, or extra parochial place, shall cer- 
 tify in writing to the bishop of the diocese, that there is not 
 accommodation for more than one-fourth of the inhabitants 
 thereof for the attendance upon divine service, and that they 
 or some of them, either by themselves or with the assistance
 
 125 
 
 of other persons belonging to the church of England, are 
 desirous of raising by private subscription such sum as may 
 be necessary for building or purchasing a church or chapel, 
 for the performance of such service, and to provide out 
 of pew rents of such church or chapel a competent stipend 
 for the spiritual person who may officiate therein, and for a 
 clerk and all other expences incident to the performance of 
 divine service, and for maintaining the said church or chapel, 
 and the said bishop shall be satisfied of the several parti- 
 culars contained in such application, such bishop may, if he 
 shall think fit, signify his consent to the building or pur- 
 chasing such church or chapel as the case may be, according 
 to such plan and upon such site as shall be approved by 
 him. 
 
 6. The persons proposing to build or purchase any such 
 church or chapel, and their assigns, respectively subscribing 
 for that purpose sums of not less than fifty pounds each, 
 shall elect three trustees from amongst themselves for the 
 management and general regulation of the temporal affairs 
 of such church or chapel, and for the nomination to the 
 bishop, for a limited period, of a spiritual person to serve 
 the same ; and such trustees shall be called life trustees of 
 such church or chapel, and shall continue such trustees so 
 long as any spiritual person nominated by them under the 
 provisions of this act shall serve such church or chapel. 
 
 7. Directs the mode of supplying vacancies in the life- 
 trustees. 
 
 8. If the number of persons subscribing to build or pur- 
 chase such church or chapel shall not exceed three, such 
 person or persons shall be deemed the life trustee or life 
 trustees of such church or chapel under the provisions of 
 this act, and in case of the death or resignation of any such 
 life trustee, the person nominated by him by his last will and 
 testament, or by any instrument signed by him (being a 
 member of the church of England) shall be a life trustee in 
 his place. 
 
 9 and 10. In any case in which application shall be made 
 to ihe bishop for his consent to the building or purchasiiiu
 
 126 
 
 any church or chapel, or building to be used as n church 
 or chapel in any parish, chapelry, township, or extra paro- 
 chial place situate within his diocese, by any person or 
 persons belonging to the church of England, who may 
 be willing to subscribe one half part at the least of the 
 money necessary for building or purchasing the same, 
 jointly with the parishioners of such place who may be wil- 
 ling to raise the remainder of the money by rates, or to 
 raise and borrow such sum upon the credit of the rates of 
 such place, and the bishop shall be satisfied of the several 
 particulars contained in such application he may signify his 
 consent thereunto if he shall think fit. Provided always 
 that every such application to the bishop shall state that the 
 church or chapel is to be appropriated to the performance of 
 divine service according to the rites of the church of England, 
 and shall offer to set apart such number or proportion of free 
 seats as is required by the said recited acts in cases in which 
 churches or chapels are built or purchased with any money 
 advanced by the commissioners under the said recited acts, 
 and shall also offer to provide out of the pew rents arising 
 from the remaining part of the seats of such church or 
 chapel a competent salary for the spiritual person who may 
 officiate therein, and for all other expences incident to the 
 performance of divine service, and for maintaining the said 
 church or chapel : provided also that no pew rents shall be 
 taken, nor any service performed in such church or chapel, 
 whether built or purchased by subscription only, or jointly 
 by subscription and by rates, before the same shall have been 
 duly consecrated, and a duplicate copy of such application, 
 with the bishop's assent to the same, shall be deposited in 
 such church or chapel. 
 
 11. The persons or parishioners making such application 
 to the bishop, shall in every case, at the time of making the 
 same, give notice in writing thereof to the patron and in- 
 cumbent of the church of the parish, chapelry, township, 
 or extra parochial place, in which it is proposed to build or 
 purchase any such church or chapel, in order to afford to 
 such patron and incumbent the opportunity of laying before
 
 127 
 
 the bishop any statement in writing relating thereto : and 
 the bishop shall not signify his consent to such application 
 within three calendar months from the time when he shall 
 have received the same, with a certificate that the said notice 
 has been given. 
 
 15. The life trustees or churchwardens respectively of any 
 such church or chapel, and their successors, may sell and 
 dispose of the vaults or burial places under any such church 
 or chapel, and of vaults or burial grounds in the cemetery 
 or yard of the church or chapel if there shall be any, and 
 shall pay to the incumbent of the parish such dues as he 
 would have of vaults or burial places of a like description 
 in the church of the parish ; and shall from time to time 
 invest the remainder of the monies thence arising in some 
 public stocks or securities, and from time to time in like 
 manner lay out the proceeds of such public stocks or secu- 
 rities, or such part thereof as shall not be applied under the 
 provisions of this act in like securities ; and shall, out of 
 such proceeds, from time to time make good any deficiencies 
 in the payment of the stipends of the minister or clerk, or 
 any other payments or incidental expences to be paid from 
 the rents of pews or seats, in case such rents should not be 
 adequate to the payment thereof, and in the next place shall 
 apply such produce in repairing the church or chapel : pro- 
 vided always that if there shall be a surplus of annual in- 
 come by reason of such funds, or if the pew rents shall be 
 more than sufficient for the purposes to which they are made 
 applicable by this act, then such surplus shall be applied in 
 subsequent years to the purposes to which pew rents are 
 applicable ; and the pew rents shall be reduced rateably and 
 in equal proportions, or a larger number of free seats shall be 
 opened as the bishop shall direct. 
 
 16 and 17. If a majority of the subscribers entitled to 
 elect the trustees of such church or chapel, and the bishop, 
 and the patron and incumbent shall consent, the commis- 
 sioners may make such church or chapel a district church or 
 chapel : and at the end of forty years it shall become a 
 district church or chapel without such consent, if a division
 
 PJS 
 
 of the parish or place shall have been made under the said 
 acts, otherwise shall remain a parochial chapel. 
 
 18. The powers and provisions of the former acts for se- 
 curing and paying salaries, &c., and recovering pew rents, 
 and all regulations as to the proportion of free seats in 
 churches or chapels established wholly or in part with money 
 advanced by the commissioners, shall extend to churches or 
 chapels established under this act. 

 
 Consistory Court, 30th June, 1798. 
 
 The Case of Walter v. Gunner and Drury was a proceed- 
 ing; against the churchwardens of Teddington ; calling on 
 them to show cause why they had not seated, or caused to be 
 seated, the plaintiff and his family in the parish church, ac- 
 cording to his situation and condition, he being a principal 
 inhabitant and parishioner, and having duly applied to them 
 to be so seated. 
 
 The churchwardens admitted that the plaintiff was a prin- 
 cipal inhabitant, and that he had applied to them ; and al- 
 leged, that the church was so small, and the number of inha- 
 bitants so much increased, that many persons were obliged to 
 submit to considerable inconvenience, some in sitting with 
 others, some in having no seats ; that many seats were held ^ 
 by custom, attached to houses in such a manner, that, though 
 the owners did not use them, they were occupied by their 
 tenants ; that the churchwardens had not interfered with such 
 customary possession; that the house which Mr. Walter 
 occupied was built by a Jew who never applied for a seat ; 
 that in 1796, Mr. Walter applied for a seat, and a vestry was 
 called, at which it was determined that persons should have 
 permission to erect pews in a gallery on payment of five 
 pounds to the parish ; that this offer had not been accepted ; 
 that the plaintiff refused to pay the church rates unless he 
 was seated ; that it was then proposed that a vacant space 
 should be inclosed, and notice was given to him that a vestry 
 would be held for that purpose, but he did not attend ; that 
 the churchwardens were desirous of accommodating all per- 
 sons as well as they could without disturbing the possession 
 of others ; that they had no right to dispossess them, but were 
 ready to submit to any order which the court might make 
 upon them. 
 
 On the other side it was alleged, that by law and usage, 
 all pews, except those held by faculty, or other legal title, 
 ought to be distributed amongst actual parishioners; that 
 
 K
 
 130 
 
 many of the largest were assigned to persons not living or 
 having lands in the parish ; that others were annexed to 
 houses, and let out by the owners to persons not living in the 
 parish j that it was in the power of the churchwardens, by a 
 legal exercise of their authority, to seat the complainant ; 
 that his house was one of the largest in the parish, and though 
 he had applied in 1796 and the following years, nothing ef- 
 fectual had been done. It was replied, that the pew held by 
 Seton is reputed to be annexed to the house of Mr. Retford, 
 and that part of his family used to sit there ; and the other, 
 occupied by Lady Murray, was annexed to another house 
 called Comb House, which was now a school ; and that the 
 jjHra P ew being too small for the boys, they were allowed to occupy 
 seats in the gallery at a certain rent ; that the churchwardens 
 did not consider themselves to be authorized by virtue of their 
 office to disturb the possession of these parties. 
 
 Sir W. Scott. I think the process has issued very pro- 
 perly in this case, and that this is a convenient mode of pro- 
 ceeding, by citing the churchwardens in a civil suit to show 
 cause, &c., as in this citation. I do not think that it was ne- 
 cessary to allege that any particular pew was vacant, as it 
 would be a sufficient return on the part of the churchwardens 
 to aver that they were unable to comply with the request, on 
 account of there being no such vacancies. If that return was 
 made and duly established, I fear that it might be entitled to 
 much consideration, as in the enlarged population of parishes 
 in the vicinity of this town, it may really not be in the power 
 of the churchwardens to make immediate additions to the 
 fabric, or to build chapels at once for the accommodation of 
 the inhabitants, the return in this case is not of that kind. It 
 consisted of two parts, that notice was given of a vestry, and 
 that an offer was made that the party might erect a pew on a 
 condition which is not strictly legal, that he should pay the 
 parish for it ; it is clearly the law upon this subject that a 
 parishioner has a right to a seat in the church without such 
 payment ; but I think the return is bad on another ground ; 
 for although it might be sufficient if there was no pew vacant, 
 yet if there are existing pews improperly occupied, the mere 
 offer of a permission to erect a pew is not a good return.
 
 131 
 
 The other part of the return is bad ulsjo, since it pleads a 
 custom which is evidently illegal, and cannot be supported, 
 that pews are appurtenant to certain houses, and are let In 
 the owners to persons who are not inhabitants of the parish. 
 All private rights in pews must be held under a faculty or by 
 prescription, which presumes a faculty, and no faculty was ever 
 granted to that effect, for the ordinary must have exercised 
 his discretion to depopulate the church of its own proper in- 
 habitants, if he could have granted such a faculty. The plea 
 goes on to state, " that the churchwardens have not ventured 
 to disturb such occupiers ;" to which it is answered justly, 
 that they have not done their duty, for they ought to have 
 prevented an occupancy of that kind. 
 
 There is something stated also of a custom, that others 
 who have not pews appurtenant pay a rent for seats which is 
 applied in easement of the parish rate, a practice which has 
 been constantly reprehended by the ecclesiastical court, and 
 discouraged as often as it has been set up. There the return 
 is, I think, insufficient ; and the party has shown that there 
 are pews occupied by persons not living in the parish, and 
 that a particular individual has obtained a large portico of the 
 church, and let his own pew to a non-resident person : there 
 is one pew appurtenant to the house of Mr. Retford, who 
 does not live in the parish, and who covenants with his te- 
 nant that he shall not occupy it, in order that he may let it 
 out to others ; this is clearly illegal : if a pew is rightly ap- 
 purtenant, the occupancy of it must pass with the house, and 
 the individuals cannot by contract between themselves defeat 
 the general right of the parish. It appears that the house 
 has been built only eighty years, which is not sufficient to 
 establish a prescriptive right, because it might be presume'! 
 that evidence of the grant of a faculty was not extinct in thai 
 time ; but even if there was a prescriptive right, it could not 
 be exercised by transferring it to persons not inhabitant of the 
 houses of the parish. Such possession cannot be maintained. 
 There is also another instance in which the parish has given 
 way to the partial convenience of one person who holds a 
 house to which a pew may be appurtenant : when, however, 
 
 k -2
 
 132 
 
 he was indulged with a gallery, the parish ought to have re- 
 quired him to exchange his own pew for that accommoda- 
 tion ; he ought to be required to go back to his own proper 
 pew or to give it up to the parish, as it is now used in the 
 same improper manner by inhabitants of another parish. 
 
 The Court therefore is bound to overrule the protest ; but 
 I shall not do more, or give any costs against the church- 
 wardens, for they have been acting under the general sense 
 of the parish, and it is difficult for such persons to bear up 
 against it. It is possible that the parties whose rights are as- 
 serted may have something more to allege in defence of them, 
 and they must not be precluded ; but I shall overrule the 
 protest, giving the parties an opportunity to intervene. 
 
 The cause came on again on the 10th of July following ; 
 and finally, a monition issued to the churchwardens to seat 
 Mr. Walter in Mr. Seton's pew. 
 
 Walters v. Gunner and Drury, 
 1 Consistory Reports, 314.
 
 133 
 
 In the case of Jarratt, vicar of Wellington, v. Steele,in the 
 Arches Court, 27th January, 1 820, the Judge (Sir JohnNicholl) 
 declared that no person had a right to enter the church when 
 it was not open for public woiship, except with the permis- 
 sion of the minister and churchwardens ; and that pews can- 
 not be pulled down without their consent, unless by the li- 
 cence of the ordinary. And Steele, the lessee of the great 
 tithes, who had, in September 1818, without authority taken 
 down and rebuilt two pews in the chancel of the parish church, 
 and for that purpose had broken into the church, was con- 
 demned to replace the original pews and pay costs. 
 
 Phillimore's Reports 3. 1<>7- 
 
 And in the case of Parham v. Templar, in the Dean and 
 Chapter Court of Exeter, The Court decided that Templar, 
 who was the curate of the parish, had divided a seat in the 
 nave of the church without due authority, and he was en- 
 joined to restore it. See the case stated, 3 Phillimore, 223, 
 on occasion of appeal against the jurisdiction, in the Court 
 of Arches, 8th May, 1820.
 
 134 
 
 In the case of Stevens v. Woodhouse and Duller, Court of 
 Arches, 25 July, 1792, on appeal from the Decanal Court 
 of Wells as to the grant of a faculty for the erection of seats, 
 the Judge observed, " There is one clause in the faculty 
 which is illegal ; a permission to the parties erecting seats to 
 sell the same : this is a practice which may have prevailed 
 frequently, but whenever it has appeared before the Court it 
 has been constantly discountenanced. 
 
 " The cases of Kensington v. Fryer; Harford v. Jones; 
 and Hole v. Burnet ; show that even where the order has 
 been made to defray expences, it has always been held ille- 
 gal. It is said, hewever, that former cases have been in- 
 stances of old pews, but that the agreement here is for build- 
 ing new pews. This cannot influence the court or make the 
 act legal. It may be true, as it has been remarked in the 
 argument, that this is frequently done, particularly in cha- 
 pels, but they are private property. This is an old parish 
 church; and I am of opinion, that neither the parishioners, 
 by their consent, or the ordinary, or any power but the legis- 
 ture, can deprive the inhabitants of a parish of their general 
 right ; and that such acts are contrary to the law of the land." 
 And the faculty was pronounced illegal. 
 
 Cited in the Consistory Reports, 1. 318, under the Report 
 of the Case Walter v. Gunner and Drury.
 
 135 
 
 8tk Nov. 1811. Pettman, by his Guardian, v. Bridger. 
 1 Philliraore's Reports, 316 
 
 lu this case it was decided that a possessory right in a 
 pew is sufficient to maintain a spiritual suit against a mere 
 disturber. And the judgment herein of Sir John Nicholl 
 throws so much light upon the law on the subject, that Mr. 
 Anderdon (Duties of Churchwardens, p. 99.) thinks it worthy 
 of being transcribed at length. 
 
 This is a suit technically termed for perturbation of seat : 
 it is promoted by Mr. Pettman, who sets up only a posses- 
 sory right ; that his grandfather had the estate and pew for 
 twenty years ; that he succeeded to it, and has been disturbed 
 in the possession of it by Mr. Bridger. Bridger admits the 
 fact of the dispossession, but sets up a prescriptive right to the 
 pew. By the general law and of common right, all pews be- 
 long to the parishioners at large for their use and accommo- 
 dation, but the distribution of seats among them rests with 
 the ordinary. The churchwardens are the officers of the or- 
 dinary : they are to place the parishioners according to their 
 rank and station, but they are subject to the control of the 
 ordinary if any complaint should be made against them. 
 
 The vestry as such has no authority whatever on the sub- 
 ject ; the churchwardens are not bound to follow their direc- 
 tions, at the same time the sense and opinion of the vestry 
 ought to have weight with them ; The general right then being 
 in the parish and ordinary, any particular rights in deroga- 
 tion of these are slricti juris; it is the policy of the law that 
 few of these exclusive rights should exist, because it is the ob- 
 ject of the law that all the inhabitants should be accommo- 
 dated, and it is for the general convenience of the parish that 
 the occupation of pews should be altered from time to time 
 according to circumstances. A possessory right is not good 
 against the churchwardens and the ordinary : they may dis- 
 place and make new arrangements, but they ought not, with-
 
 1 3(i 
 
 
 out due cause, to displace persons in possession ; if they do, 
 the ordinary would reinstate them ; the possession therefore 
 will have its weight, the ordinary would give a person in pos- 
 session cceteris paribus the preference over a mere stranger. 
 
 A possessory right is sufficient to maintain a suit against 
 a mere disturber, the fact of possession implies either the ac- 
 tual or the virtual authority of those having power to place. 
 The disturber must show that he has been placed there by 
 this authority, or must justify his disturbance by showing a 
 paramount right ; a right paramount to the ordinary itself, 
 namely, a faculty by which the ordinary has parted with his 
 right ; or if there be no proof of a faculty, there must be 
 proof of prescription and such immemorial usage as presumes 
 the grant of a faculty. 
 
 A prescriptive right must be clearly proved ; the fact must 
 not be left equivocal, and they must be such as are not incon- 
 sistent with the general right. 
 
 In the first place, it is necessary to show that use and 
 occupation of the seat has been from time immemorial ap- 
 purtenant to a certain messuage, not to lands, the ordinary 
 himself cannot grant a seat appurtenant to lands. 
 
 Secondly, it must be shown that if any acts have been 
 done by the inhabitants of such messuage, they main- 
 tained and upheld the right ; at all events if any repairs have 
 been required within memory, it must be proved that they 
 have been made at the expence of the party setting up the 
 prescriptive right, the onus and beneficium are supposed to 
 go together ; mere occupancy does not prove the right. What 
 might be the effect of very long occupancy, where no repairs 
 have been necessary, I am not called upon now to say ; it is 
 a common error to suppose, that by mere occupancy pews 
 become annexed to particular houses ; in country parishes, 
 the same families occupy the same pews for a long time, but 
 I apprehend they still belong to the parish at large. If, how- 
 ever, it is shown that the inhabitants of a particular house 
 have repaired, that fact establishes that the burden and be- 
 nefit have gone together, and is inconsistent with the right of 
 the parish btill to claim the benefit, and is evidence of the
 
 137 
 
 annexation of the pew. Thus the uniform and exclusive pos- 
 session of the inhabitants of a particular messuage connected 
 with the burden of maintaining and repairing the seat, is evi- 
 dence sufficient to establish a prescriptive title. 
 
 To apply these principles to the present case, Mr. Pett- 
 man sets up no prescriptive right : his grandfather first sat 
 there in 1789, and continued in the occupation of it till his 
 grandson succeeded him. This would be no good title against 
 the churchwardens and ordinary, if they thought fit to remove 
 him. It appears that a vestry was held soon after the dis- 
 pute between the parties in this suit, at which it was decided 
 by a majority of ten to two votes, that Mr. Pettman was to 
 have possession of the pew, and the churchwardens were di- 
 rected to put a lock on it. This is strong against the state- 
 ment that general reputation was in favour of the right of 
 Mr. Bridger. Mr. Bridger did not bring an action to sup- 
 port his prescriptive right, but on his own authority took off 
 the lock and resumed possession. 
 
 The vote of the vestry is of itself no authority as to the 
 question of right : but it marks the opinion of the parish, that 
 Mr. Pettman was entitled in opposition to any common in- 
 truder. 
 
 Mr. Bridger does not set up that Mr. Pettman is an impro 
 per person to occupy the seat, or that the pew is necessary 
 for his own accommodation, for he has another pew in the 
 church sufficiently large for the occupation of himself and 
 his family ; the parish is increasing, and pews are wanted 
 for the use of the parishioners. Mr. Pettman very properly 
 offered to give up this pew to the disposal of the parish : 
 this proposal was rejected by Mr. Bridger, who stands on 
 his paramount right ; and the question now is at issue on this 
 right between Mr. Bridger and the parish at large as to their 
 accommodation. 
 
 Now, though these considerations cannot weigh at all 
 supposing Mr. Bridger can make out his right, yet still they 
 have some weight in ascertaining the burden of proof which 
 is imposed upon the parties. 
 
 Mr. Bridger pleads that two pews, the one he siU in and
 
 138 
 
 . 
 
 the one adjoining to it, which is the pew in question, have 
 been from time immemorial annexed to his house, Eastry 
 Court ; and I think, according to the practice of these courts, 
 the averment is sufficient : it must be considered as including 
 the averment that the pew had been used, occupied, and re- 
 paired from time immemorial. 
 
 The right is put in this shape : the two pews appertain to 
 the mansion for the use of the family, their tenants and ser- 
 vants ; the family always sat in one, the tenants and servants 
 in the other, being the pew in question. But for the last 
 twenty years the servants have not sat in the pew, nor in- 
 deed have they ever sat in it; from the time of building of 
 this pew, they have occupied a pew in another part of the 
 church. 
 
 How stands the case as to tenants ? No tenant of the 
 house has sat in it for the last twenty years. Mr. Pettman 
 was tenant of part of the land, but not of the house. A pre- 
 scription for a seat, as annexed to a messuage for the use of 
 the tenants of lands belonging to the proprietors of that mes- 
 suage, would be a bad prescription ; it can only be good for 
 the inhabitants of a messuage. If it could be extended to 
 tenants of the lands, mere lands might be held by the inhabit- 
 ants of another parish, and the pew would then be for the use 
 of persons not dwelling in the parish, which would be con- 
 trary to law. 
 
 The pew therefore has been occupied for the last twenty 
 years by persons who were not inhabitants of this messuage, 
 and who, as mere tenants of land belonging to the owner 
 of the messuage, could support no personal right ; and this 
 fact alone would be nearly, if not quite, conclusive against 
 the right claimed. It is, however, unnecessary for the court to 
 decide on this point simply, for the history disclosed in the 
 evidence must be examined ; and in examining it, the court 
 must keep in mind that the burden of proof rests with Mr. 
 Bridger, and that proof of mere occupancy without main- 
 taining and repairing, is insufficient. 
 
 It appears from the evidence of the oldest persons, that 
 this pew was built near sixty years ago, previous to that time
 
 there stood on the site of the two pews one large pew and a 
 small slip ; the mansion was then divided into two tenements 
 with a hall common to both : the mansion and estate were 
 held under lease by the Bargrave family from the see of 
 Canterbury. Mr. Bargrave occupied one tenement of the 
 mansion, Mr. Sayer the other ; the two families occupied the 
 large pew together, the servants sat in the open slip. 
 
 Now what is there to show that the large pew was annexed 
 to the mansion ? There is mere occupancy, but no attempt 
 to prove maintaining or repairing at that time; 
 
 Some time between 1750 and 1756 an alteration was made, 
 the large seat and slip were converted into their present form, 
 i. e. two seats of nearly equal size : Mr. Bargrave had one 
 seat, Mr. Sayer the other, and the maid servants were placed 
 in a different part of the church : this was a material altera- 
 tion, a considerable expense was incurred, and this, in truth, 
 must be considered as the building of the present seat : has 
 it been attempted to be proved that this was done at the ex- 
 pense of Mr. Bargrave ; not only the presumption of law, but 
 the strong probability of fact is, that it was done by the 
 parish. Just before the alteration was made, a Mrs. Lawson 
 left a sum of money to the parish to repair and beautify the 
 church : many alterations were made, Mr. Bargrave's pew 
 and slip were altered at the same time, and four new pews 
 were made ; they were uniform in appearance and painted 
 alike. 
 
 Now though it is possible that Mr. Bargrave, notwith- 
 standing these circumstances, may have done this at his own 
 expense, yet being done at the same time and in the same 
 manner and like the opposite pews, the probability is that it 
 was all done by the parish. 
 
 If this building was done by the parish there must be a 
 complete end of the question, it would 'be a cession of the 
 pew to the parish, unless some express agreement to the con- 
 trary could be shown, there is no proof that it was done by 
 Mr. Bargrave, on the contrary, there are several witnesses 
 who say they believe it was done by the parish, or with Mrs. 
 Luwson's money, there arc none who venture on a contrary
 
 140 
 
 belief, so that the weight of evidence is against Mr. Bridget-, 
 though the burden of proof lies on him. 
 
 The pews have been since repaired, and the belief of the 
 witnesses is, that the repairing was also done by the parish, 
 and it is the more probable, because one or two pews, 
 to which the occupiers had an exclusive right, were not 
 painted. 
 
 Mr. Sayer was succeeded by Mr. Reynolds, who married 
 his daughter, and who of course continued to occupy the 
 seat: in 1782, Mr. Reynolds gave up the house and farm 
 and quitted the parish ; another very material circumstance 
 then occurred, a part of the mansion was pulled down, and 
 the two tenements were united, perhaps restored, into one. 
 
 In 1784 portions of the land were let to different tenants, 
 and among the rest to Pettman, but so far from the notion 
 that the pew was for the use of the tenants of the lands, not 
 one of these tenants at that time sat in it, and Pettman 's 
 sitting in the pew neither commenced nor ended with his 
 being such tenant. 
 
 It was in 1788 or 1789 that Pettman first sat in the pew, 
 there was then a general alteration and a new arrangement 
 of the church, the parish was increasing in inhabitants, and 
 many pews were altered and divided so as to accommodate a 
 greater number of persons. Several of the witnesses state 
 that it was left to the churchwardens, as properly it should 
 be, to seat the inhabitants. Mr. Hadden and Mr. Pettman 
 were the churchwardens, and now it was that for the first 
 time Mr. Pettman was put in possession of this pew. Mr. 
 Hadden deposes, and so do others, that he was placed there 
 by the authority of the churchwardens as a matter of right. 
 Mr. Bargrave suggests that it was a matter of sufferance, or 
 as his tenant, this suggestion is not very consistent with 
 itself, for if he was entitled as tenant, permission would not 
 have been necessary. 
 
 I have already said that as tenant of the land he could 
 have no right, but if. Mr. Bargrave had intended to have 
 retained his right, supposing him to have had any, surely he 
 would have taken care to have recorded in some way that
 
 141 
 
 this was mere sufferance that Pettman was only to sit there 
 as long as he continued his tenant, or during his pleasure ; 
 some written acknowledgment from the churchwardens, some 
 entry in the parish books, some resolution of vestry would 
 have been required. 
 
 Mr. Bargrave however soon after lined and put cushions 
 into both pews, and this is the great fact relied upon to 
 prove repairs, and the only proof of any. I do not consider 
 this as repairs, but as mere ornament : it proves nothing, for 
 this reason, that it is in no degree inconsistent with the fact 
 of the pews belonging to the parish. Lining and cushioning 
 are not usually done by the parish, these are things which 
 each individual does for his own convenience and comfort. 
 The use Mr. Bargrave made of Mr. Pettman 's pew is ac- 
 counted for, he had occasionally many visitors at his house, 
 and when his own pew overflowed, some of them went into 
 his neighbour's pew ; this is an usual accommodation in all 
 churches, Mr. Pettman being his tenant, would of course 
 admit his visitors ; Mr. Bargrave choosing, as he said, that 
 his friends should be as well seated as himself, lined and put 
 cushions into Pettman's pew, who being his tenant, would 
 have no objection to this measure. 
 
 But this circumstance, thus accounted for, the only one, 
 and in opposition to all the other facts in the case, does not 
 appear to amount to repairs, to be any act of ownership, or 
 any proof that the burden of this pew lay on the owner of 
 Eastry Court, and not on the parish. 
 
 Pettman continued in the occupation of the pew till his 
 death, though he ceased to be Bargrave's tenant three years 
 before that event. 
 
 It has been said that this was sufferance ; Mr. Bargrave 
 might so consider it, he might suppose that he had the right 
 to the pew ; but did Mr. Pettman acknowledge it as suffer- 
 ance so as in any manner to bind himself, or to deprive the 
 parish of this pew ? Quite the reverse. Pettman's family 
 considered that he had the possessory right, and therefore 
 attempted to continue the possession after his death, and 
 the parish upon hearing the statements and the whole ques-
 
 142 
 
 tion, decided by a majority of ten to two thrxt Pettman 's 
 notion was right, and that Mr. Bridger was not entitled to 
 the pew. 
 
 Upon the whole I am of opinion that Mr. Bridger has not 
 proved this seat to be legally annexed to his mansion. 
 Considering also that this right is claimed after a dispos- 
 session of twenty years, that it is a special right set up in 
 derogation of the general principle and policy of the law, 
 that the pew was not wanted for the accommodation of Mr. 
 Bridgets family, that it was wanted by the parish, that this 
 right was set up in opposition to the opinion of his fellow 
 parishioners, that it was enforced by taking off the lock and 
 placing his livery servants in the pew, that he refused to 
 accede to any proposals of accommodation that were made to 
 , him, but stood and insisted upon his extreme rights ; while 
 Mr. Pettman being thus ejected has contested the right, not 
 so much for his own benefit, or for the sake of triumph, as 
 for the accommodation of the parish ; I think the court is 
 bound to condemn Mr. Bridger in the costs. 
 
 In doing this however the court means to throw no impu- 
 tation on Mr. Bridger's conduct, it is probable that he was 
 strongly impressed with the opinion that he had the exclu- 
 sive right to the pew ; but having asserted that right, and 
 failed to establish it, the expense must fall upon him, and 
 not upon the party who was disturbed in his possession, and 
 compelled to resort to the protection of the law. 
 
 The court monishes Mr. Bridger to refrain in future from 
 disturbing Mr. Pettman and his family in the possession of 
 the pew in question, and condemns Mr. Bridger in the costs 
 of the suit. 
 
 TIM. END. 
 
 LONDON : 
 IBOTSON AND PALMER, PRINTERS, SAVOY STREET, STKVM>.
 
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