Parfons have, of late Years, found no great Encouragement to fue their Vicars: For even a Jury has been often found to favour the Vicar, rather than the Parfon.

In fome Places where the Parfon repairs the Chancel, the Vicar, by Prefcription, claims a Right of a Seat for his Family, and of giving leave to Bury there, and a Fee upon the Burial of any Corps.

As to the Right of a Seat in the Chancel, it was originally inherent in every Vicar. For before the Reformation the Hours of the Breviary' were to be fung or faid in the Chancel, not in the Body of the Church, by the exprefs Words of the Conftitution of Archbishop Winchelsey, entituled, Frefbyteri. Lyndw. Oxf. Edit. p. 237. and this was to be done, not only on Sundays and Festivals, but on other Days, by another Conftitution of the faid Archbishop, entituled alfo, Prefbyteri. Lyndw. p. 69. and thefe Hours were to be fung or rehearfed, not by the Vicar alone, but with Confort and Affiftance of all the Clergymen belonging to the Church, who were fworn to attend him on thefe Occafions. See Spelman's Councils, Vol. II. p. 707. which were the Ecclefiaftical Family of the Vicar: So that 'tis evident, that all Vicars had a Right of fitting there before the Reformation, and, by confequence, muft retain this Right fill, unless it do appear that they have quitted it: and if they have not, for forty Years paft, ufed the Right, this breeds a Prefcription againft them in the Ecclefiaftical Courts. In many Chancels you may fee the ancient Seats or Stalls ufed by the Vicar and his Brethren in perform

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ing

ing thefe Religious Offices, like those which re. main in the old Choirs of Cathedral and Colle. giate Churches; and from hence it is, that Cancellus and Chorus are Words of the fame Signification. This being the Place where the Body of the Clergy of every Church fung, or at least re. hearfed their Breviary: And if any common Pa. rishioner may prefcribe to a Pew in the Chancel, (See Chap. XVIII.) much more the Vicar.

As thefe Seats were placed at the lower end of the Choir or Chancel, for the daily ufe of the Vicar; fo at the upper end ftood the High-Altar of every Church, where, as the Vicar or his Reprefentative was oblig'd to celebrate Mafs every Sunday and Holyday of Obligation; fo he might do it every Day, if there were Occafion, or if he pleafed: So that it is clear, the Ufe of the Chancel was entirely in the Vicar, whoever repair'd it; and therefore no wonder if the Pavement were not to be broke up without his leave; and that thereupon he fhould acquire a Right of receiving what Fees were due on fuch Occafions. And the Reformation left the Rights of Parfon and Vicar as it found them.

'Tis therefore a very groundlefs Notion with Impropriators, that they have the fame Right in the great Chancel, that a Nobleman has in a leffer: Thefe leffer Chancels are fuppofed, by Lawyers, to have been erected for the fole ufe of thofe Noble Perfons; whereas 'tis clear the great Chancels were originally for the Ufe of Clergy and People; but efpecially for the Celebration of the Eucharift, and other publick Offices of Religion, there to be performed by the Curate and his Affiftants. That the Patrons repair thefe

great

great Chancels, does not at all prove their fole Right to them; for they were bound originally to repair the Church as well as Chancel; and of common Right the Repairs of the Church are ftill in the Parfon: 'tis Cuftom only eases them of this Burden; which Cuftom is eafily to be prov'd, in all Parishes that I know. The Ordi nary has no Power to order Morning or Evening Prayer to be faid in Noblemens Chancels; but he can order them to be faid in the great Chancel. See Rubric before Morning Prayer.

Yet the Reverend Dr. Turner, Vicar of Greenwich, in the Diocese of Rochefter, has, at the. Suit of the Impropriator, and by Verdict at the Allizes, been forced to quit his Claim of giving leave to bury in the Chancel, and receiving Fees for it and rather than be at the expence of an other Suit, has likewife receded from his Right of a Seat in the Chancel.

Left any Vicar fhould, from the ill Success and Treatment, which the Doctor met with, conclude that thefe Rights are not Defenfible, let me obferve to the Reader, that it does not ap pear, that it was ever fo much as question'd, by the Council of one fide or the other, but that fuch a Claim might be maintain'd, if the Prefcription were well proved: and the Point to be determin'd, was not, whether a Vicar might prescribe to give leave to bury, and receive the accuftom'd Fees for burying in the Chancel; (this feem'd to be granted on both fides) but whether the Reverend Dr. Turner had prov'd his Prefcription, as Vicar of Greenwich, to give leave to bury in the Chancel there; or rather, whether the Evidence produc'd by the Impro priator

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Priator, fuch as it was, did not difprove and overthrow the Vicars furmife of a Prefcription. This is the true ftate of that Cafe, according to that Account, which at my requeft, the Doctor was pleas'd to oblige me with.

CHAP. XXVI.

Of Ecclefiaftical Courts, and their Jurifdiction.

BE

Efore the Conqueft, the Ecclefiaftical and Temporal Court was the fame, the Bishop of every Diocefe fitting in Judicature, together with the Alderman or Sheriff; and as one determin'd all Matters meerly Secular, fo did the other all that concern'd the Church and Religi on; and if the Caufe were mixt, they both perform'd their part, and gave their mutual Affiftance: Tho' the Bifhops ftill held their Synods and Vifitations, and there exercifed the more important Parts of Difcipline.

But William 1. feparated the two Jurifdicti ons, after which fays Somner, Ant. of Cant. Chap. of Eccl. Govern. As Ifind, by fearching and turning over ancient Monuments, Ecclefiaftical Jurifdiction was exercifed chiefly, and for the most part, for Clergy mens Caufes, efpe"cially in Synods and Chapters, the Bishop ufing in Perfon to prefide over the one, as the Arch❝ deacon over the other.

Popish CANO N-L AW.

In the middle of the 12th Century, and Reign of King Stephen, part of the Popish Canon-Law, call'd Decreta, was publish'd and put in practice here; and when thefe had in fome fort been admitted, within 80 Years after came over the Decretals, and in 70 Years after that more Decretals ftill, with the Clementines and Extravagants, all which together make the Corpus Juris Canonici. When the Church-Law grew thus Voluminous, there was little Occafion to make any new Canons at home: the main Bufinefs of our National and Provincial Sy nods now, was to reinforce the Execution of the Pope's Canon-Law, in fuch Particulars as the Ruling Part of the Church thought proper. The Provincials of Lyndwood conlift of fuch Conftitutions drawn out of the Body of the Canon-Law, with fuch Variations as were proper to adapt it to the Circumftances and Conftitution of the Church of England in thofe Ages, by 14 fucceffive Archbishops of Canterbury, fitting in their Provincial-Synods, the firft whereof was Stephen Langton, who came to the See A. D. 1206; the laft Henry Chichely, who died A.D. 1443. Lyndwood digefted all thefe Conftitutions according to the Method of the Canon-Law, whereby is fhewn, what part of the Canon-Law hath Force here, fays Bp. Stilling fleet, Eccl. Cafes, P.371; and tho' thefe Conftitutions were drawn up for the Ufe of the Province of Canterbury, yet they have been exprefly receiv'd by that of York in a Convocation held there, A. D. 1463. N. 5.

any

To