« PreviousContinue »
a Chimney, in an Instrument in a Register of the Dean and Chapter of Lincoln, marked E.E. fol. 99. And this Privilege to the Archdeaconsy of Oxford, was granted by Alexander, Bishop of Lincoln, and confirm'd by the Pope's Legate, A.D. 1138. Regist. Eynsham penes Decan. 8 Capitul. Æd. Christi. f. 23.
Afterwards these Oblations were compounded for, and reduced to a Certainty;_and this Composition is still called Wbitfun-Faribings.
The Saxon Thanes, or Noblemen, did very early begin to erect lesser Churches for their own Convenience, Bed.l. 5.c.4. which yet were not to be made use of, till Consecrated by the Bio fhop; and it was many Ages before the Parochial Division of Dioceses was effected. We cannot precisely say when this Work first began, or when it came to a Settlement, fo far is it from being true, that the Archbishop Honorius did this Work all at once, A. D. 636. that it does not appear, that it was then thought of.
And yet this work was so far advanced in K. Edward the Confessor's Reign, that in his Laws ’tis complain'd of, that in fome Places there were three or four Churches, where there had been but one; by which Means, the Maintenance of the Officiating Priest was much lefsen'd; especially because the Clergy being Rich, while their Parishes were so large, would not be at tbe Trouble of prosecuting their Rights, which, by being negle&ted, were in a great measure loft. Spelm. vol. 1. p. 621.
Kings, Bishops, and other Lords of Manors, obliged all their Tenants to pay Tythes, and other Duties to the several Churches which they
built within those Mannors, and endow'd them with House and Glebe, and so the Bounds of the Parishes and Mannors were then the fame.
And if the Lord, who built the Church, had Land belonging to him at any reasonable di. Stance, he obliged his Tenants to retain to the Church built by him, and to pay their Tyı bès to it, tho’the Land lay within the Precinct of another Parish, and in many places they continue to do so at this Day. And if there be any Land within fuch Mannor or Parish, which did not hold of the Lord who built the Church, or were Parcel of fome. Mannor, which had no Church built in it, then it was at their own Difcretion to pay their Tythes to what Church they pleased, if it were fo near, as that ti.ey could resort thither for Divine Service. But this Inconvenience was removed by Pope Innocent III. about the Year 1200. Of thefe Matters fee Bishop Still. Eccl. Cafes. Kennet of Impropriations, &c.
By the Old Civil Law, Things Consecrated, among which, in the first place, they reckond Temples, belonged to no Man, as a Property. 7usi. Infit. L. 2. Tit. I. but by our CommonLaw, the Freehold of the Church is in the Par. fon; and, if the Great Tyt bes be Im propriated, in the Vicar. Watf.c. 39. p. 304.
If the Walls, Doors, Roof, Windows, or Pavement be broked, the Incumbent, or his Tea nants, have an Action of Damage against him that did it, which the Church-wardens or Pao rishoners have not. Ibid. p. 205.
No one can give License to bury in the Church, but the Incumbent only; and yet the
Church-wardens, by Cuftom, may have a Fee for burying there. The Church-yard is a com. mon Burying-place for the Parishioners, tho' the Freehold be in the Incumbent, Ibid. Sir Edward Coke is of Opinion, that any Person may erect a Tomb, Coat-Armour, or Monu. ment in the Church, or Church-yard, in any convenient Place: But (says Sir S. D.) I conceive it must be intended by Licence from the Bifhop, or Consent of Parson and Church-war. dens, p. 146. Watson thinks the Parfon's Leave sufficient, c. 39. Bishop Gibson suppo. ses they must be set up by Leave of the Ordie nary, or else may be remov'd by him, if they are in the Church, and to the hindrance of Di. vine Service, p. 543, 544.
The Rector, or Vicar, may not un advisedly cut down Trees growing in the Churchyard, but only for the Repair of the Chancel or Church : for which Purposes, if the Incumbent fell them, King Edword 1. (in that Law of his which he calls
, AWriting, not a Statute, and which Sir Edward Coke calls, A Treatise) says, He will praise it when it is done, tbo be will not command it.
But if any other Perfon cut down tuch Trees, the Incumbent has an action of Trespass against him. Watson, p. 295.
But the Incumbent's Freehold does not annul the Right of a Peer, or Gentleman, to any Cha. pel, or Chancel, built or repair'd, Time out of Mind, by him and his ancestors, for a Place of Burial, or to hear Divine Service. And it is pretended by fome, that on Consideration of their maintaining their proper Chancels, they shall be excufed froin contributing to the Re. pairs of the Church ; but I find no Precedent for this. Yet in this, and almost all Ecclefi. astical Cases, Custom has the Force of Law and if such Gentlemen have, Timeout of Mind paid no Church Sess, 'tis probable they will be excused of Right. However, they must contribute to the Ornaments, and all other neceí. sary Charges, except Repairs
The Vicar's Freehold does not extend to the great Chancel, the Frethold of which is in the Impropriator, except the Vicar repair it, which fometimes happens.
Churches are to be Repair'd by the Church wardens, at the Charge of all.the Inhabitants, ai such as occupy Houtes or Lands within the faid Parish, by the particular Cuftom of England and the Ecclefiaftical Judge may excommuni cate the Church-Wardens and Parishioners foi Neglect, Watf.c. 39. p. 302. The second arti. cle of the Statute Circumspecte agatis, made A D. 1285. in the Reign of Edward I. is, that a Prelate shall not be probibited, if be enjoin Pea nance for a Church not
being Built, Repaird, or Adorn'd; and adds, That in this case, no Pe. nance can be inflicted, but pecuniary : And it appears by a Constitution of Archbishop Sırat. ford, Quamvis, A. D. 1342, that Ordinaries did frequently infli& such Penance, or lay such Fires, which that Conftitution orders to be apply'd to the Building or Repairing the Church.
Sir S. Degs proves, by good Reasons and Authorities, that Outdwellers are chargeable for their Land, towards Ornaments, as well as Re. pairs of the Church, Pars. Counsellor, p. 138; and so it was provided by the Constitution of
Stratford, Archbishop of Canterbury, Licet Parocbiani; yet there are Precedents to the contrary. And the Majority of the Parishio. ners inay make a Tax for the Enlarging or Re. building it, in case it fall down. Ibid. But in these, as well as all other Meetings and Ve. ftries, Outdwellers, occupying Land in the Pa. rish, have a Vote as well as Inhabitants. See Pars. Counf. ubi fupra.
The Churchyard is likewise to be Fenced at the Charge of the Parish, except there be a special Cuftom to the contrary.
And in London, by very antient Custom, "before Lyndwood's Time, the Parishioners have, and do Řepair the Chancel. L. 1. T. 10. C. Ara cbidia. v. Reparatione.
When two Churches or Chapels are united, by 17th of Charles II, and one of them is Dea molith'd, the Parishioners of the Demolish'd Church thall equally contribute to the Repairs of the standing Church.
Necessary Ornaments of a Parish-Church, are, besides Books,
A Font of Stone with a Cover, the Font must be large enough to dip a Child in. See Rubr. in Bapt. 8 Can. LXXXI. Quere, Whether there ought not to be in Parochial Churches, Fonts large enough for dipping grown Perfons? Since Pris evident, that any such may require the Minister to dip him, if he have not been Baptized in his Infancy. See Rubr. in Office of Bapt.for Tbose of riper Years.
A Communion-Table, with a Carpet of Silk or decent Stuff, and a fair Linen Cloth, with a Patin, Chalice, and Flagon of Pewter, if not of