a Chimney, in an Inftrument in a Register of the Dean and Chapter of Lincoln, marked E.E. fol. 99. And this Privilege to the Archdeaconry of Oxford, was granted by Alexander, Bishop of Lincoln, and confirm'd by the Pope's Legate, A. D. 1138. Regift. Eynsham penes Decan. & Capitul. Ed. Chrifti. f. 23. Afterwards thefe Oblations were compounded for, and reduced to a Certainty; and this Compofition is still called Whitfun-Farthings.

The Saxon Thanes, or Noblemen, did very early begin to erect leffer Churches for their own Convenience, Bed.l. 5. c. 4. which yet were not to be made use of, till Confecrated by the Bifhop; and it was many Ages before the Parochial Divifion of Dioceses was effected. We cannot precifely fay 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 fo far advanced in K. Edward the Confeffor'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 Prieft was much lef fen'd; efpecially because the Clergy being Rich, while their Parishes were fo large, would not be at the Trouble of profecuting their Rights, which, by being neglected, were in a great meafure loft. Spelm. vol. 1. p. 621.

Kings, Bifhops, and other Lords of Manors, obliged all their Tenants to pay Tythes, and o ther Duties to the feveral Churches which they

built within thofe Mannors, and endow'd them with House and Glebe, and fo 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 reafonable distance, he obliged his Tenants to retain to the Church built by him, and to pay their Tythes to it, tho' the Land lay within the Precinct of another Parish, and in many Places they continue to do fo 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 pleafed, if it were fo near, as that they could refort thither for Divine Service. this Inconvenience was removed by Pope Innocent III. about the Year 1200. Of thefe Matters fee Bishop Still. Eccl. Cafes. Kennet of Impropriations, &c.

But

By the Old Civil Law, Things Confecrated, among which, in the first place, they reckon'd Temples, belonged to no Man, as a Property. Juft. Inftit. L. 2. Tit. 1. but by our CommonLaw, the Freehold of the Church is in the Par fon; and, if the Great Tythes be Impropriated, in the Vicar. Watf. c. 39. p. 304.

If the Walls, Doors, Roof, Windows, or Pavement be broken, the Incumbent, or his Te nants, have an Action of Damage against him that did it, which the Church wardens or Pa rifhoners have not. Ibid. p. 205.

No one can give Licenfe to bury in the Church, but the Incumbent only; and yet the Church

Church-wardens, by Cuftom, may have a Fee for burying there. The Church-yard is a common Burying-place for the Parishioners, tho' the Freehold be in the Incumbent, Ibid. Sir Edward Coke is of Opinion, that any Perfon may erect a Tomb, Coat-Armour, or Monu ment in the Church, or Church-yard, in any convenient Place: But (fays Sir S. D.) I conceive it must be intended by Licence from the Bishop, or Confent of Parfon and Church-wardens, p. 146. Watfen thinks the Parfon's Leave fufficient, c. 39. Bishop Gibson suppo fes they must be fet up by Leave of the Ordi nary, or elfe may be remov'd by him, if they are in the Church, and to the hindrance of Divine Service, p. 543.544.

The Rector, or Vicar, may not unadvisedly cut down Trees growing in the Churchyard, but only for the Repair of the Chancel or Church: for which Purpofes, if the Incumbent fell them, King Edword 1. (in that Law of his which he calls, A Writing, not a Statute, and which Sir Edward Coke calls, A Treatise) fays, He will praife it when it is done, tho' be will not command it. But if any other Perfon cut down fuch Trees, the Incumbent has an Action of Trefpafs against him. Watfon, 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 Confideration of their maintaining their proper Chancels, they fhall be excufed from contributing to the Re

寫

pairs of the Church; but I find no Precedent for this. Yet in this, and almoft all Ecclefi aftical Cafes, Cuftom has the Force of Law and if fuch Gentlemen have, Time out of Mind paid no Church Sefs, 'tis probable they will be excufed of Right. However, they must con tribute to the Ornaments, and all other necef fary Charges, except Repairs

The Vicar's Freehold does not extend to the great Chancel, the Freehold 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, o fuch as occupy Houfes or Lands within the faid Parish, by the particular Cuftom of England and the Ecclefiaftical Judge may excommun cate the Church-Wardens and Parishioners for Neglect, Watf.c. 39. p. 302. The fecond Arti cle of the Statute Circumfpecte agatis, made A D. 1285. in the Reign of Edward I. is, that a Prelate fhall not be prohibited, if he enjoin Penance for a Church not being Built, Repair'd, or Adorn'd; and adds, That in this Cafe, no Pe nance can be inflicted, but pecuniary: And it appears by a Conftitution of Archbishop Strat ford, Quamvis, A. D. 1342, that Ordinaries did frequently inflict fuch Penance, or lay fuch Fines, which that Conftitution orders to be ap ply'd to the Building or Repairing the Church.

Sir S. Degg proves, by good Reafons and Authorities, that Outdwellers are chargeable for their Land, towards Ornaments, as well as Re pairs of the Church, Parf. Counsellor, p. 138; and fo it was provided by the Conftitution of

Strat

Stratford, Archbishop of Canterbury, Licet Parochiani; yet there are Precedents to the contrary. And the Majority of the Parishioners may make a Tax for the Enlarging or Rebuilding it, in cafe it fall down. Ibid. But in thefe, as well as all other Meetings and Ve ftries, Outdwellers, occupying Land in the Parifh, have a Vote as well as Inhabitants. See Parf. Counf. ubi fupra.

The Churchyard is likewife to be Fenced at the Charge of the Parish, except there be a fpecial Cuftom to the contrary.

And in London, by very antient Custom, before Lyndwood's Time, the Parishioners have, and do Repair the Chancel. L. 1. T. 10. c. Archidia. v. Reparatione.

When two Churches or Chapels are united, by 17th of Charles II. and one of them is De molish'd, the Parishioners of the Demolish'd Church fhall equally contribute to the Repairs of the ftanding Church.

Neceffary Ornaments of a Parish-Church, are, befides Books,

A Font of Stone with a Cover, the Font muft be large enough to dip a Child in. See Rubr. in Bapt. Can. LXXXI. Quere, Whether there ought not to be in Parochial Churches, Fonts large enough for dipping grown Perfons? Since 'tis evident, that any fuch may require the Minifter to dip him, if he have not been Baptized in his Infancy. See Rubr. in Office of Bapt.for hofe 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

pur