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CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
 THIS BOOK IS ONE OF 
 A COLLECTION MADE BY 
 
 BENNO LOEWY 
 
 1854-1919 
 
 AND BEQUEATHED TO 
 CORNELL UNIVERSITY 
 
THE 
 
 ii^tcrrg atttr ^ato 
 
 CHURCH SEATS, 
 
 PEWS. 
 
 BY 
 
 ALFRED HEALES, F.S.A., 
 
 PROCTOR IN doctors' COMMONS, 
 
 Book I.— HISTORY. 
 
 LONDON : 
 BUTTERWORTHS, 7, FLEET STREET, 
 
 fabr "jlUiblislKrs la tlit Queen's most ttttllcnf ^Tiijtsfjj. 
 1872. 
 
LONDON : 
 
 PRINTED BY C. BOWOETH AND SONS, 
 
 NEWTON STBEET, W.C. 
 
TO 
 
 THE EIGHT HONORABLE 
 
 SIR ROBERT JOSEPH PHILLIIORE, Knt., D.C.L., 
 
 DEAX OF THE ARCHES, &c.,&c,&c., 
 
 IS (BY PEBMISSION) 
 
 DEDICATED, WITH PROFOUND RESPECT, 
 
 BY 
 
 THE AUTHOR. 
 
PEE FACE. 
 
 The Law aiFecting Pews, or Church Seats, has not 
 hitherto obtained that attention which the subject 
 merits. While by the liberality of many, and the 
 munificence of not a few persons, vast sums are 
 expended every year in the apparently almost hope- 
 less endeavour to provide church accommodation 
 for a rapidly increasing population ; the importance 
 of utilizing to the utmost the church-room thus 
 acquired becomes daily more apparent. Consider- 
 ing the palpable impracticability of extending the 
 church -room sufficiently to permit of allotting to 
 every one a place for his exclusive occupation (as 
 many persons would desire), it becomes specially 
 desirable, in the interest of the Church at large, to 
 inquire into the rights of those favoured persons, by 
 comparison few in number, who claim to hold to 
 themselves to the exclusion of others, by faculty or 
 prescription, or by a simple appropriation, a par- 
 ticular part of the church-room ; and equally im- 
 portant in the interest of those persons themselves, 
 
 It has been thought unnecessaiy to burthen this Preface with the rery 
 numerous references to authorities, which would be necessary if any were 
 given, in rerification of this preliminary sketch ; but abundant references 
 appear in the work itself for the facts there mentioned. 
 
PREFACE. 
 
 to ascertain, so far as may be, whether their claims 
 rest on a good and solid basis of legal right ; and 
 thus the doubts which have of late years been widely 
 circulated may be set at rest. It is a valuable 
 natural characteristic of the English people, to 
 maintain with persistence what they believe to be 
 a right, and to abandon it readily should the sup- 
 posed right prove to be devoid of sound foundation. 
 
 Opinion has long been divided as to what arrange- 
 ments of church-room are most advantageous for 
 the purposes of order and economy of space; and 
 the question is complicated by the introduction of 
 theological considerations. It is not the object of 
 this work to enter upon those branches of the sub- 
 ject, which may be found freely discussed in various 
 books and periodicals ; but it is proposed to collect 
 and arrange in one part of the work all available 
 information from ancient authorities bearing upon 
 the early history of the subject, and in the other 
 those points of Law which the Courts have decided, 
 or Parliament has decreed. 
 
 When, at an early date, all churches were free 
 and open, and no seats existed, except a few stalls 
 in the chancel, there was then, with a smaller popu- 
 lation, ample standing and kneeling room for all ; 
 every one who desired to attend Divine Service 
 could on entering the church place himself in any 
 part designed for the congregation, as he thought 
 proper; none interfering with any who L^d pre- 
 viously come and taken up a position. That such 
 
rREFACE. Vll 
 
 was the case in England to a late mediaeval period 
 ■will be agreed on all hands. 
 
 Though one can hardly imagine (and indeed there 
 is no ground for so supposing), that beyond abso- 
 lutely essential limits any general ecclesiastical or- 
 ganization was contemplated at the time of the first 
 introduction of Christianity into this country, yet 
 in time an arrangement arose, which by degrees 
 became consolidated into an Ecclesiastical system. 
 Religion gradually extended throughout the king- 
 dom, and as gradually acquired an organization. 
 Cities, under the rule of a Bishop, formed a nucleus ; 
 they were divided and subdivided, and as evangeli- 
 zation spread thence, rural districts were formed 
 wherever the essential requirements were provided, 
 and these divisions and districts, each with its 
 church, were termed parishes. The founders being 
 persons of wealth and rank, endowed the churches, 
 and thereby acquired for themselves and their de- 
 scendants (and not without reason) the right of 
 Patronage — that is, of appointing, or presenting 
 (subject to necessary proof of fitness), a clergyman 
 to the Living, or in other words the selection of a 
 properly qualified person to perform the ecclesi- 
 astical duties of the parish, in return for the emolu- 
 ments with which the founder and others had 
 endowed it. All persons resident within the bounds 
 of each parish were within the spiritual oversight of 
 the Parson of their parish. But with the necessary 
 distinction between civil and ecclesiastical duties 
 
PREFACE. 
 
 and authorities, the clergyman when appointed was 
 solely answerable to the Bishop for the due per- 
 formance of his duties towards his parishioners, and 
 generally in all matters touching his ecclesiastical 
 office and conduct. And as regards the parishioners 
 they were, on the one hand, entitled to the benefit 
 of the ecclesiastical offices of the parson, and to a 
 participation in the public religious services for 
 which the churches were intended; while, on the 
 other hand, they were compellable by ecclesiastical 
 censures not only to pay the tithes with which their 
 lands were charged, but also to maintain the fabric 
 and provide the necessaries for Divine Service.* In 
 short, every person was strictly a Member of the 
 Church, and enjoyed its rites and privileges; and 
 he was also bound to avail himself of these rites and 
 privileges, and to contribute towards the expenses 
 connected with them . There was thus established a 
 mutual relation of rights and duties between the 
 parson and the parishioners. 
 
 In saying, generally, that the duty of maintaining 
 the fabric rested with the parishioners, it is neces- 
 sary to add that there were exceptions to this lia- 
 bility. The Chancel, perhaps as being specially set 
 apart for the actual performance of Divine Service, 
 was repaired and maintained by the Rector; and 
 in cases where the Rectorial tithes in course of time 
 became vested in an Ecclesiastical Officer or Corpo- 
 
 • In other countries, perhaps generally, the parson was chargeable for 
 the repairs of the whole of the fabric. 
 
PREFACE. IX 
 
 ration, or a monastic body, or (later) in a layman, 
 such person or body, termed the Appropriator or 
 Impropriator, was under the same liability. Then, 
 also, the Founder of the church frequently, and 
 perhaps very generally, retained from the parish- 
 ioners a part of the building, consecrated equally 
 with the rest, and forming a part of the structure : 
 this part was often situated on one side of the 
 chancel, or else formed the East end of an aisle, 
 and was used by the Founder and his family when 
 attending public service, and for the other services 
 performed by their own chaplain independent of the 
 parish priest, and for burial of deceased members of 
 the family. From the Founder himself it descended, 
 not necessarily with the patronage, to his family 
 and heirs, imperceptibly becoming attached to his 
 Manor or Mansion House. 
 
 And often at a period subsequent to the erection 
 of the church, a person of great importance in the 
 parish obtained permission from the Bishop to build 
 for himself and family a chapel or aisle, as an addi- 
 tion to the structure previously existing, and in 
 which he had the like exclusive and enduring rights 
 to those possessed by the Founder in his chapel. It 
 need scarcely be observed that such chapels or aisles, 
 whether built originally by the Founder, or subse- 
 quently by others, in no way derogated from what- 
 ever rights attached to the rest of the building. 
 From this source arises one very important part of 
 the law affecting church seats. 
 
PKEFACE. 
 
 The rest of the church — that is to say, the whole 
 area, other than the chancel and such chapels, was 
 expressly intended for and occupied by the parish- 
 ioners generally ; and there can be no doubt that, 
 when no seats existed, every parishioner had, as 
 already observed, an equal right to take up his 
 standing, during service time, wherever he pleased, 
 in any unoccupied spot. 
 
 In the 15th, or probably in the latter part of the 
 14th century, benches were occasionally introduced 
 into the church, sometimes generally throughout 
 the nave, or nave and aisles; but it was consider- 
 ably later before it became usual to fit churches 
 with them throughout. Such seats are affected by 
 very different legal considerations from those which 
 affect the chapels or aisles above referred to as 
 forming part of, or rather as an addition to, a 
 church. 
 
 The Law as regards the right to chapels or aisles 
 forming part of a church, rests upon the presump- 
 tion that they were built for the private use of their 
 Founder and his family, and descended to his suc- 
 cessors ; the fact is not often capable of proof, and 
 therefore the claim is upheld on the ground of pre- 
 scriptive right. 
 
 The next class is where a Seat is claimed to be 
 held under authority of a faculty granted by the 
 Ordinary to an individual and his family, or to him 
 and his successors : and as the grant itself is rarely 
 forthcoming after a long period of time, the title of 
 
PREFACE. XI 
 
 the holder rests on the presumption that his tenure 
 originally commenced by virtue of such a grant. 
 
 There is then to be considered the case of the 
 large mass of the population and their rights in the 
 rest of the church unclaimed by the previous classes. 
 Beside this there is the distinct class of " Act of 
 Parliament churches," governed almost, if not en- 
 tirely, by Acts of Parliament alone, as a temporary 
 measure, and which can only be considered by 
 themselves without regard to the general Law of 
 the Land. 
 
 In neither of the three species of rights aiFecting 
 the seats in the churches of old parishes is there 
 any legal enactment. Ecclesiastical or Civil, or other 
 positive basis from which to commence. The evi- 
 dence of antiquity alone can determine either ; and 
 it is therefore a very remarkable fact that up to the 
 present day there has been no actual research into 
 the archaeology of the subject — no attempt to dig 
 down below the surface, and ascertain how far the 
 structure which has, been raised rests upon a basis 
 sufficiently broad and deep to ensure its stability. 
 At first sight a work called the " History of Pues,"* 
 seems to form an exception to this statement. It is 
 a thin octavo volume, prepared with a very con- 
 siderable amount of labour and research; but its 
 aim seems chiefly to have been an opposition to the 
 
 * The History of Paes was published in 1841, anonymously, under the 
 auspices of the Cambridge Camden Society, but was written by the late 
 EeT. John Mason Neale, D.C.L. ; and rapidly passed through three editions. 
 
xil PREFACE. 
 
 high square pevps which are now gradually disap- 
 pearing as each successive church undergoes the 
 process of " restoration :" the materials collected 
 for that work almost entirely refer to a period long 
 subsequent to the general introduction of church 
 seats, and therefore avail very little towards the 
 legal consideration of the subject. Beside this 
 there have only appeared little brochures and 
 magazine Articles, many good of their kind, but 
 copying their materials one from the other, with 
 little attempt at further research. 
 
 On the Law and legal History of Pews there are 
 the duodecimos of Billings, and Oliphant, and a 
 smaller treatise by Fowler ; preceded by an excellent 
 chapter in Rogers' Ecclesiastical Law. Billings' 
 work has the objection of being written with a bias — 
 a grave fault in a Law book, even when the bias is 
 frankly admitted : and its references to authorities 
 are neither very numerous nor exact.* Oliphant's 
 work is far superior ; but it is almost restricted to 
 an arrangement of the points decided by the Courts 
 or settled by Parliament. 
 
 The object of the present work is therefore of a 
 twofold nature. The first part, or Book L, is an 
 investigation of the Early History of the subject, 
 from its origin (so far as the gathered mists of 
 antiquity will permit), until it acquired the form 
 
 * E. g., Eennett's Parochial Antiquities of Ambrosden, by passing 
 through the medium of an abbreviation, Par. An., becomes Parliamentary 
 Authorities. 
 
PREFACE. XIU 
 
 in which it is now clothed. The bearing of this 
 upon the subject in its legal position would seem to 
 be of exceedingly high importance. The writer has 
 deemed it as much a point of duty to his readers, 
 as of honour to himself, to place before them every 
 early authority which has come within his range ; 
 and has endeavoured to draw impartial conclusions 
 from his materials. It has been found impossible 
 to limit the contents of some chapters to an exact 
 accordance with their headings. 
 
 The second part of the work, or Book II., is in- 
 tended to show, under a special arrangement of the 
 subject, what points have been decided hitherto, 
 including all Cases to the present date ; and also 
 the effect of the provisions of the Church Building 
 Acts. 
 
 That pains have not been spared to throw light 
 upon the subject, and render it as complete as 
 possible, will appear from the fact that the work 
 contains between 1400 and 1500 extracts from or 
 references to about 350 authorities, including many 
 original records and scarce books, every one of which 
 (except in the few instances where it is expressly so 
 stated) has been personally extracted or verified by 
 the writer.* 
 
 • How common a practice it is to copy without verification the references 
 given by other writers, is best known to those who investigate subjects for 
 themselves ; and they are too well aware how frequently the practice mis- 
 leads, and how many weary hours' labour it involves, by apparently trifling 
 errors or imperfect references, before the required paragraph or line can be 
 discovered and secured for use. 
 
PRKFACE. 
 
 It will be understood that the word pew is by no 
 means limited to a high-sided square compartment 
 such as that to which it is now in common parlance 
 more frequently confined, but is here applied, as in 
 its earliest use, to any church seats intended for the 
 accommodation of the congregation. 
 
 Although care has been taken to exclude matter 
 not strictly within the scope of the work, yet the 
 extracts from early authorities contain incidentally 
 many little facts and incidents not devoid of general 
 archaeological interest, as will readily be seen by a 
 glance through the Index. 
 
 The author acknowledges, with most sincere 
 thanks, the aid received from many quarters. To 
 the Right Honorable Sir Robert J. Phillimore he is 
 indebted for the loan of some unreported Judg- 
 ments in the Court of Sarum. He has to express 
 his deep obligation to the authorities of various 
 Libraries for their great liberality in permitting 
 and assisting research in their stores of knowledge, 
 without which indeed the work could not have been 
 accomplished : the libraries of the Law Institution 
 and Sion College must be especially mentioned ; 
 and also those of the Inns of Court, and the Archi- 
 episcopal Library at Lambeth, have also assisted. 
 And, in a different department of the subject, he is 
 equally under obligation to the Registrars of various 
 Ecclesiastical Courts, who have not only most 
 liberally permitted, but have given every assistance 
 in researches in the documents under their charge ; 
 
PREFACE. XY 
 
 of whom must be especially mentioned John Shep- 
 herd, Esq., the Registrar of the Consistory Court 
 of London, W. H. CuUen, Esq., (late) of Canter- 
 bury, Henry P. Gates, Esq., of Peterborough, 
 H. R. Evans, Esq., of Ely, and Messrs. Essell, 
 Kliight and Arnold, of Rochester; as well as to 
 many others who have furnished him with infor- 
 mation as to the nature of their records bearing 
 upon this subject. He is also much indebted to 
 the authorities of various parishes for their kind 
 courtesy in permitting access to their accounts and 
 papers, and to various friends;* and, indeed, is 
 able thankfully to acknowledge that in no instance 
 has he met with anything but ready courtesy and 
 assistance. 
 
 • The extracts from the parish books of St. Mildred Poultry and 
 St. Mary Colechurch, supplied by Mr. Milbonm, have been published 
 while this work was in the press, in his History of those Churches. 
 
INDEX TO AUTHORITIES 
 
 EEFERRED TO IN BOOK I. 
 
 PAGE 
 
 Agincoukt, 
 Histoire dea Arts par lea 
 Mormments . . . . 2 
 
 Andeewes, Bishop (Lib. 
 Anglo-Cath. Theol.), 
 Sermona in Lent . . . . 36 
 
 Antiquaries of London, 
 Proceedinga of Society . . 43 
 
 Akch^OLOGIA 4, 5, 13, 56, 73, 
 138, 144, 149 
 
 Abch^^bological Associa- 
 tion Journal 11, 15, 38, 43, 
 49, 50, 91, 123, 130, 132, 135, 
 136, 140, 141, 149, 165, 174 
 
 abch^abological institute, 
 Proceedings .. ..160 
 
 Bale, 
 English "Votariea . . . . 40 
 Image of Both Chnrehes 92, 147 
 
 Barclay, 
 Ship of Fools . . 20, 160 
 
 Barnes, Bishop (Surtees 
 Society), 
 Injunctions and Proceedinga 47, 
 134 
 Baenewall & Alderson, 
 Reporta 90 
 
 Baenewali & Ceesswbll, 
 
 Reports 98 
 
 Bingham, 
 
 Christian Antiquities 63, 64, 127, 
 129 
 Blomepield, 
 
 History of Norfolk 18, 33, 49, 52, 
 56, 154 
 Blount, 
 
 Glosaographia . . . . 20 
 
 BOSWOETH, 
 
 Anglo-Saxon Dictionary . . 31 
 Brandon, 
 Parish Churches 161, 163, 165 
 Analysia . . . . 162, 163 
 
 H. VOL. I. 
 
 PAGE 
 
 Brant, 
 Stultifera Navis . . . . 20 
 Ed. 1513 .. 160 
 Bratlbt & Bbitton, 
 
 History of Houses of Parlia- 
 ment 26 
 
 British Magazine . . . . 4 
 
 Brunne, Robeed db 
 
 Edited by Pumival . . . . 72 
 
 Buckler, 
 
 Parish Churches . . . . 102 
 Burke, 
 
 Landed Gentry . . . . 83 
 
 Buenet, Bishop (^and see 
 Sparrow), 
 
 Visitation Articles . . . , 121 
 
 Bury Wills and Invento- 
 eies (Camden Society) 18, 52, 53 
 
 Cambridge Camden So- 
 ciety, 
 Monumental Brasses . . 35 
 
 Cambridgeshire Churches 161, 
 163, 165 
 
 Cameearius, 
 Historical Meditations . . 37 
 
 Card WELL, 
 Synodalia . . . . . . 170 
 
 Carpentieb, 
 Edition of Ducange's Glos- 
 sary . . . . 25, 32 
 
 Catholicon (1469) .. 22,25 
 
 Characters, Book of (re- 
 print) 151 
 
 Chubch Building Society, 
 Publicationsl61, 162, 163, 164, 172 
 
 Church op the People, 85, 122, 
 
 183, 184 
 
 Church Review, 
 
 Extracts from State Papers, 37, 
 
 60, 131, 176 
 
 Inventoriea of Church Goods 133, 
 
 136, 141, 144 
 
 b 
 
XVlll 
 
 INDEX TO AUTHORITIES IN BOOK I. 
 
 PAGE 
 
 Chubchwaedbns' Accounts 
 
 (unpub. ), 
 
 All Hallows Staining 55, 66, 178 
 
 St. Botolph Aldgate 15, 22, 58, 
 
 69, 70, 91, 142, 144 
 
 St. John Zachary 15, 144, 151, 
 
 177 
 
 St. Mary Colechurch . . 144 
 
 St. Mary Woolchnrcli Haw 7, 
 
 15, 18, 133, 151, 179 
 
 St. Stephen Walbrook 46, 178 
 
 Concilia, 
 Ed. Coletl . . 
 CoUectio regia maxima 
 
 64 
 64 
 
 180 
 
 CoEBETT, Bishop, 
 Letter to Clergy 
 
 CoENHiLL, St. Michael 
 
 (Privately printed). 
 
 Churchwardens' Accounts, 10, 
 
 12, 38, 43, 50, 51, 52, 79, 94, 
 
 123, 125, 129, 135, 140, 141, 
 
 142, 145, 147, 148, 149, 165, 
 
 176, 178 
 
 Vestry Minutes (part unpub.) 15, 
 
 93,94 
 
 CosiN MSS. (Surtees Society), 
 
 18, 134 
 Correspondence (Surtees So- 
 ciety) 73 
 
 East Eiding Visitation Ar- 
 ticles (Library of Anglo- 
 Catholic Theology) . . 121 
 
 COTGBATB, 
 
 Dictionary . . . . , . 29 
 
 Court Minutes (unpub.) 
 
 and see Halb), 
 Ely Archdeaconry . . . . 109 
 
 London Vicar General's 
 
 Books. . . . 38, 70, 80, 148 
 St. Olaye, Bread Street . . 101 
 Peterborough . . 38, 110 
 
 Worcester . . . . . . 105 
 
 Decree, 
 
 Westward Hoe .. ..36 
 
 Northward Hoe . . . . 36 
 
 Deceebs and Insteuments 
 (unpub.), 
 Worcester Registry . , . . 105 
 
 DUCANGB, 
 
 Glossarium . . . . 24, 32 
 
 (^And see Carpbntiee). 
 
 Du Fresne (see Ducange). 
 
 DUPIN, 
 
 Ecclesiastical History 70, 71 
 translation . . . . . . 70 
 
 DUEANDUS, 
 
 Symbolism of Churches . . 128 
 
 DuEHAM Wills and Inven- 
 tobibs (Surtees Society) .. 132 
 
 Ecclesiastical Pbocbed- 
 ings in Diocese op 
 DuBHAM (Surtees So- 
 ciety) . . . . . . 94 
 
 Ecclesiologist 129, 172, 185 
 
 ecclesiologt, 
 
 Handbook of English, . . 3 
 
 Essex AECH.aBOLOGiCAL So- 
 ciety, 
 Proceedings.. .. 18,68 
 
 Exposition op Teems of 
 the Law 20 
 
 Paculties (unpub.), 
 
 St. Alban's Abbey . . 112, 114 
 Great Baddow, Essex 120, 167 
 Little Baddow, Essex 111, 120 
 St. BotolphWithout Bishops- 
 gate . . . . . ■ 111 
 Great Burstead, Essex . . 136 
 Chesterton, Cambs. 101, 107, 167 
 St. Clement Danes . . 116, 168 
 Earle's Colne, Essex 117, 137 
 Edmonton, Middlesex . . 120 
 Enfield, Middlesex 120, 168, 175 
 Hackney, Middlesex . . 118 
 Hadham, Essex . . . . 117 
 Haverstock, Essex . . 167, 170 
 St. Laurence Pountney . . 167 
 London Diocese . . . . 105 
 St. Margaret, New Fish St. 97, 98 
 St. Margaret, Rochester . . 102 
 St. Martin Orgar . . Ill, 167 
 St. Mary Mounthaw 96, 99 
 St. Mary le Strond als Savoy 115 
 Stepney, Middlesex. . 96, 111 
 Stretton super Fosse . . 104 
 St. Swithin, Londonstone .. 120 
 Taxiing, Essex . . 113, 167 
 Theydon Gemon, Essex 114, 117 
 XJUenhall ats Ownall 108, 115, 175 
 Great Warley, Essex . . 117 
 Watford, Herts .. ..117 
 Woodford, Essex . . . . 169 
 
 Febgusson, 
 Handbook of Architecture . . 2 
 
 Fox, 
 
 Acts and Monuments 
 
 13,62 
 
INDEX TO AUTHORITIES IN BOOK I. 
 
 XIX 
 
 PAGE 
 
 Frances, 
 
 De Cathedralibus . . 64, 65 
 
 Gentleman's Magazine . . 152 
 
 GiLBBET, 
 
 History of Cornwall . . 54 
 
 Glossary of Architec- 
 ture . . 24, 162, 163, 164 
 Haggard, 
 
 Consistory Reports . . . . 92 
 
 Hale, Archdeacon, 
 
 Proceedings in Diocese of 
 London.. 60,110,134,168 
 
 Halliwell, 
 
 Archseological Dictionary . . 17 
 
 Handitng Stnnb {see 
 Bbunne). 
 
 Haeland, 
 
 Lancashire Churches . . 92 
 
 Harvey, 
 
 The Synagogue . . . . 39 
 Herbert, 
 
 Priest to Temple . . . . 177 
 Heylin, 
 
 Cyprianus Anglicns , . 61 
 
 Hibbeet-Waee, 
 
 Illustrations of Customs of 
 Manor . . . . . . 75 
 
 History OF THE Chantries 
 
 (Chetham Society) . . 125 
 
 Inscription, 
 
 On Lavenham Chantry . . 159 
 On Pew .. ,. ..23 
 
 Inventories of Church 
 Goods (unpub.) .. .. 57 
 
 JOHNES, 
 
 Translation of Monstrelet's 
 Chronicle . . . . . . 10 
 
 Johnson, 
 
 Clergyman's Vade-mecum 12, 70 
 Johnson & Steevens, 
 
 Shakspeare's Plays . . . . 36 
 Kbmpe, 
 
 LoseleyMSS. .. 57,153 
 
 Kennet, Bishop, 
 
 Parochial Antiquities of Am- 
 brosden . . . . . . 66 
 
 Knight, 
 
 Old England . . 6, 10 
 Pictorial History of Eng- 
 land 6 
 
 PAGE 
 
 Lancashire and Cheshire 
 Wills (Chetham Society) 
 
 131, 153 
 Latch, 
 
 Keports 90 
 
 Liber Costumaeum (Record 
 OflSce) 28 
 
 London, City op (unpub.), 
 
 Journals . . . . . . 78 
 
 Letter Books . . . . 78 
 
 London and Middlesex 
 
 AECH.a!0L0GICAL SO- 
 
 CIETY'S Tbansactions 176 
 
 LosBLEY MSS. {see Kbmpe : see 
 Suerey Aechjbological 
 Society's Collections). 
 
 LuDLO-yr Churchwardens' 
 Accounts (Camden So- 
 ciety) 19, 84, 85, 86, 87, 88, 89, 
 124, 177 
 LUTWYCHE, 
 
 Reports , . . . 2] , 89 
 
 Ltndwood, 
 Provinciale . . . . . . 48 
 
 Malory, Sir Thos., 
 
 Mort d'Arthnre . . . . 41 
 
 Manipulus Vocabulaeum, 
 (Camden and Early Eng- 
 lish Text Societies) . . 32 
 Manusceipts, 
 Cotton, 
 
 Piers Plowman's Vision 22, 30 
 Egerton, 
 
 Life of St. Denis . . . , 7 
 Harleian, 
 
 Eroissart's Chronicle . . 9 
 Hist, of King Richard 11. 10 
 Psalterium . . . , 8 
 
 Roman de la Rose . . 
 
 Royal, 
 Roman de St. Graal , . 6 
 Menage, 
 
 Dictionaire Etymologique . . 27 
 MlEGE, 
 
 Great French Dictionary , , 23 
 Milton, 
 
 Prose Works . . 20, 34 
 
 Modern Reports , . . . 90 
 More, Sir Thos., 
 
 Works .. 130,176,179 
 
 Mountaou, Bishop, 
 
 Norwich Visitation Articles 
 (repr.) .. ,. 153,181 
 
 b 2 
 
XX 
 
 INDEX TO AUTHOKITIES IN BOOK I. 
 
 PAGE 
 Mtro (Early Engl. Text Soc), 
 Parish Priest .. ..9,11 
 
 Nbale (see Pubs, Hist. op). 
 
 Newcoubt, 
 
 Repertorium. . . . 26, 78, 119 
 Nichols, 
 
 Illastrations of Manners and 
 Expenses 13, 53, 56, 79, 80, 132, 
 143, 144, 179 
 
 NOAKBS, 
 
 History of Worcester Cathe- 
 dral . . . . 5, 15, 176 
 
 Notes and Qtjeeibs 27, 28 
 
 Paxmek, 
 
 Reports . . . . . . 90 
 
 Palsgrave, 
 
 Eclalreissement de la Langue 
 Erangaise • . . . . . 32 
 
 Parish Clerk's Book (un- 
 pub.), 
 St. Botolph, Aldgate . . 122 
 
 Parish Register (uupab.), 
 St. Mary Colechureh, London 134 
 
 Pepts' Diary (Bohn's Ed.) 
 
 40, 41, 152 
 Peter, St., 
 
 Epistle 68 
 
 Piers Plowman's Vision, 
 
 (Early English Text Society) 30 
 
 (See Whitaker.) 
 
 {See MSS.) 
 
 POCKLINGTON, 
 
 Altare Christiannm 39, 169, 181 
 
 POGGIO, 
 
 Storia Eiorentina . . . . 26 
 Porter, 
 
 Histoi-y of Knights of Malta 26 
 
 Prater Book op 1549, 
 
 Pickering's reprint . . . . 135 
 
 Pbomptorium Pabvulorum 
 (Camden Society) . . 17, 21, 31 
 
 Pboude Wyves Patee Nos- 
 
 TER (reprint) . . . . 35 
 
 PuES, History op 26, 50, 55, 61, 
 77, 137, 164, 165, 166, 169 
 
 Raymond, Sir Thos., 
 
 Reports 90 
 
 Relton, 
 
 Sketches of Churches 162, 164 
 Richardson, 
 
 Dictionary . . . . . . 23 
 
 PAGE 
 
 Richmondshire Wills (Snr- 
 
 tees Society) 126, 130, 139 
 Robinson, 
 
 History of Hackney . . 118 
 ROLLE, RiCHABD (Early Eng- 
 lish Text Society), 
 Works 48 
 
 ROOPER, 
 
 Life of More . . . . 69 
 
 Russell (Early English Text 
 Society), 
 
 Boke of Nurture . . 32, 174 
 Sacristy, The . . 43, 151 
 Salkbld, 
 
 Reports 90 
 
 Shakspeaee, 
 
 King Lear 36 
 
 King Richard HI 36 
 
 Skinner, 
 Etymologicon . . 23, 24 
 
 Skinneb, 
 Ecclesiastical History of 
 Scotland 61 
 
 Smabt, 
 Canterburie's Crueltie . . 170 
 
 Somerset ARCH.a;oLOGiCAL 
 AND Natural History 
 Society, 
 Proceedings . . . . 162, 164 
 Spabrow, 
 
 Rationale . . ■ • . . 13 
 Spelman, 
 Concilia 4, 47, 48, 66, 67, 71, 74 
 De Sepultura . . 97, 150 
 
 Stowb, 
 Survey of London . . . . 55 
 
 Strutt, 
 
 Antiquities of England . . 10 
 Supplication op Poor Com- 
 mons (Early English Text 
 Society) 42 
 
 Surrey Akch^ological 
 Society Collections 15, 57, 
 58, 124, 184 
 
 Testamenta Eboracensia 
 
 (Snrtees Society) 17, 18, 21,45, 
 46, 48, 53, 67, 125, 129 
 
 Testamenta Vetusta 34, 55 
 
 Udall, 
 Communion Comelinesse 62, 182 
 
INDEX TO AUTHORITIES IN BOOK I. 
 
 XXI 
 
 PAGE 
 
 Vestry Minutes (iinpub.), 
 St. Dyonis Backchurch . . 108 
 St. Michael, Cornhill 16, 98, 94 
 SS. Mildred and Mary Cole- 
 church 137 
 
 Prestbnry, Lancashire . . 150 
 
 VOOABULAEIES, 
 
 Volume of (priv. printed) 21, 22 
 Walcott, 
 
 Sacred Archaeology. . 23, 175 
 
 WAILIS, 
 
 Bodmin Register . . . . 54 
 Webstbe, 
 
 Dictionary . . . . 24, 37 
 
 Webvdb, 
 
 Funeral Monuments 22, 26, 181 
 West, 
 
 Symbolffiography . . . . 107 
 Whitakeb, 
 
 Piers Plowman's Vision 22, 30 
 Whitaxeb, 
 
 History of Whalley. . . . 83 
 
 WlLKQTS, 
 
 ConciHa 4, 6, 47, 48, 65, 66, 67, 
 71, 74 
 Wills (unpublished), 
 
 Canterbury, Consistory Court, 
 WiUiam Philpot, 1474. .21, 27, 
 34,53 
 
 PAGE 
 Wills (nnpub.) — oontinued. 
 CommissaiT of London, 
 
 Christopher Marshall, 1516 129 
 Lambeth, 
 William Bniges, 1449 . . 33 
 Wm. Wintringham, 1453 
 
 21,34 
 PrerogatiTe, 
 Eichard Bewe, 1551 . . 136 
 Robert Fabyan, 1511 . . 68 
 Dionyse Leveson, 1660 . . 131, 
 175 
 Sir Richard Eede, 1559 . . 130 
 
 Wills and IirvBNTOEiEs 
 (Surtees Society) . . 125, 131 
 
 Witty Apophthegms of 
 King James & othbks 69 
 
 Ween, 
 Ely Visitation Articles 14, 138, 
 154, 179, 182, 183 
 Norwich Visitation Articles, 121, 
 126, 183 
 Weight, 
 Domestic Manners in Middle 
 Ages . . . . . . 8 
 
 Ybae Book, 
 12 Henry IV. 
 9 Edward IV. 
 8 Henry Vn. 
 
 .. 29 
 
 68, 174 
 
 12,81 
 
BooKl.-HISTORY. 
 
o 
 
 R 
 
 H 
 O 
 
 
 < m 
 
 o 
 
 H 
 I— I 
 
 w 
 
 o 
 
 1-5 
 t-i 
 
 o 
 o 
 
 pq 
 
 
 OS 
 
 CO 
 
 P-i 
 
CIj^ gistnrg atib Jafo 
 
 CHUECH SEATS, OE PEl^^S. 
 
 BOOK I.— HISTORY. 
 
 CHAPTER I. 
 
 EAELT ARRANGEMENT OP CHURCHES. ^0°^ I- 
 
 Ch. I. 
 
 It may be stated without fear of contradiction that churches Arrangement 
 at an early date were entirely unprovided with seats for the 
 congregation. 
 
 An early church, or basilica, whether as at first (it is 
 beheved) simply a hall of justice converted to a religious 
 use, or subsequently built expressly for Divine service, 
 but on the same model, usually consisted of a nave and 
 aisles separated by rows of columns, and at the end of the 
 nave a semicircular apse. Raised on a flight of steps, in 
 the chord of the apse, stood the altar, and behind it, 
 several steps higher, round the circumference of the apse, 
 were the seats of the presbyters ; in the centre of which, 
 raised still higher, was the Bishop's throne. The celebrant 
 stood in the apse, behind the altar, and facing the people. 
 In fi:ont of the altar was a large space elevated above the 
 
 n. VOL. I. B 
 
HISTOET. 
 
 Book I. 
 Ch. I. 
 
 Arrangement 
 of a Basilica. 
 
 Subsequent 
 change. 
 
 level of the nave and aisles, and equivalent to the choir of 
 a subsequent period, used for the purpose of and by those 
 vrho took part in the performance of the Divine offices ; 
 on each side of this ran a stone bench. The basilica of 
 San Clemente at Rome is the best known, and perhaps 
 least unaltered example of the arrangement of a church in 
 very early days; but many other instances, dating from 
 that period till the twelfth century, or even later, and still 
 existing in Italy, might easily be cited (a). Sta. Tosca at 
 TorceUo, near Venice, and San Miniato, near Florence, 
 will suffice as examples. Flights of steps lead up to the 
 choir, while others lead down to an undercroft or crypt 
 beneath the choir, called the Confessionary, in which 
 were preserved the relics of the Saint to whom the church 
 was dedicated. In many early churches, however, there 
 was no raised place for the choir, and the apse itself was 
 not very much above the level of the nave. Eavenna 
 furnishes good instances, and there is also the magnificent 
 church of S. Paolo fuori le Mure, Home, unless indeed its 
 arrangement has been altered since the fire. 
 
 The congregation probably had access to the Confes- 
 sionary, and ordinarily occupied the body of the church 
 (as distinguished from the choir and apse), and stood or 
 knelt, and enjoyed perfect freedom to enter or leave when 
 they thought fit. 
 
 It would not be an easy task to show the origin, or even 
 fix an approximate date, of the change which arose fi'om 
 
 (a) Views and plans of this and several churches similarly arranged are 
 given in Agincourt's Sistolre des Arts par Us Monuments, plates 13, Ifi, 
 17, 2.5, 28, and 36. Plans in Fergusson's HandlooTi of ArchUcctm-e, 
 pp. 484 and 500. 
 
CH. I. — EARLY ARRANGEMENTS. 
 
 the plan of a basilica [b), as above described, to that of a Book I. 
 Saxon or other very early church, in which the choir vras 
 
 removed out of the nave and formed an addition to the change. 
 ground plan by a square interposed between the east end 
 of the nave and the apse. Such is the plan of a very 
 large number of churches on the Continent of Europe, 
 and (with the chancel subsequently more elongated) of 
 most cathedrals; but in England the apse soon disap- 
 peared, and so completely that amongst the vast number 
 of old parish churches stiU existing there are to be found 
 but about forty with apses (c), and of them a very small 
 proportion date more recently than the twelfth century. 
 
 The position of the celebrant was changed ; he no longer Arrangement 
 officiated facing the people, and consequently on the side Church. 
 of the altar furthest from them ; but he stood and knelt 
 between them and the altar (with his back to them), and 
 consequently in the same relative position as in the ancient 
 Jewish temple. It does not appear that in the Oriental 
 Church the priest ever occupied any other position than 
 this. Whether the change in the form of the building 
 was consequent upon the change in the position of the 
 priest, or vice versa, there is no evidence to show; but 
 the site for the altar was removed from the west to the 
 east end of the church, so that the priest continued to face 
 eastwards whilst officiating. 
 
 In the mediaeval period cathedrals frequently belonged Choir stalls. 
 to monastic or coUegiate establishments, or they had other- 
 
 (5) Certain churches in Italy, but chiefly in Rome, still retain the title 
 of Basilicas, but except in dignity and privileges there appears to be no 
 special distinction from other churches. 
 
 (c) Handbooh of English Ecclesiology , pp. 41 — 3. 
 
 B 2 
 
HISTORY. 
 
 Book I. 
 Ch. I. 
 
 Choir stalls. 
 
 Constitutions 
 as to repairs. 
 
 Sedilia for 
 clergy. 
 
 wise a large staff of clergy or clerks attached to them, for 
 the purpose of assisting ia the performance of Divine 
 Service with the more solemnity ; and as these services 
 were freqvient and of long duration, some seats or other 
 supports were necessary ; stalls, therefore, of wood were 
 supplied for the purpose, with seats termed misereres, fold- 
 ing up on a hinge, so as still to afford a partial support 
 during such part of the time as the occupants were obliged 
 to stand (^d). 
 
 The Constitutions of Walter de Grray, Archbishop of 
 York, dated 1252 (e), lay down the respective duties of 
 the parishioners and the rectors and vicars with respect 
 to repairs : the parishioners are to provide chalice, beUs, 
 lights, and a long list of other articles, and keep in repair 
 the nave ; while the rectors, on their part, are to maintain 
 and repair the principal chancel, walls, roof, and glass 
 windows, and the appurtenants, " cum Descis et Scamnis, 
 ac aliis omamentis honestis." No desks or seats in the 
 nave are mentioned. 
 
 Ordinary parish churches, where there was no such staff 
 of clergy, clerks, or brethren, were provided with a sedile 
 cut in the south waU of the chancel ; usually there were 
 three such sedUia, for the priest, deacon, and sub-deacon, 
 but the number ranged from one to seven (^). 
 
 ((Z) This arrangement was revived in the seating of the early churches 
 built in America : at the close of the prayers they were slammed down mth 
 a noise like the broadside of a fi-igate. British Mag., Vol. XVI. p. 503. 
 
 (e) Spelman's Conoilia, p. 292; Wilkins' Concilia, Vol. I. p. 698. 
 
 (/) Non-archaeological writers or lecturers on the subject of pews invari- 
 ably make a great point of such sedilia, quoting from a paper by Mr. Denne 
 in the Arclueologia, Vol. XI. pp. 317 and 375 (published in 1793), upon the 
 Sedilia at Upchurch, in Kent, as though those were unique, instead of 
 being examples of the usual arrangement for the clergy. 
 
CH. I. — EAELT ARRANGEMENTS. 5 
 
 During all this time we find no seats or other similar Book I. 
 
 Ch. I. 
 provision for the accommodation of the congregation. In 
 
 a Tery limited number of churches in this country there is, congregation 
 it is true, a stone bench running round the north, south, S™®"^^ ^■ 
 and west walls, but it occurs almost as often on the ex- 
 terior as in the interior of the building, and there is one 
 example in which a stone bench runs round each of the 
 pillars. 
 
 In the greater part of Europe, including the whole of Not now usual 
 the south, the churches are void of seats to this day, ^"' ™°^^' 
 saving a loose bench or so, capable of holding a dozen or 
 two of people : the congregation stand or kneel ; and in 
 Spain there is provided for their accommodation a number 
 of round mats, which they can take with them on entering 
 the building, and on which the women usually kneel or 
 sit. It is just possible that such may have been partially 
 the case in England. In the parish accounts of Leverton, 
 Lincolnshire (<?), for the year 1531, is a payment of jtZ. for 
 " nats," or mats of plaited straw. And in the inventory 
 of plate and furniture of Worcester Cathedral (A), dated 
 in 1576, are " Three long carpetts to sytt apon at Smons," 
 but these were " For the quyer." 
 
 We have not noticed any example of seats with doors. Appropriation, 
 whereby to maintain an appropriation, further south 
 than a small church in a poverty-stricken suburb of 
 Valence ; and it is very rare to find them in so low a 
 latitude. 
 
 With the exception of a very remarkable Canon, made 
 
 (ff) Extracts by Edward Peacock, Esq., F.S.A. ; Arcliceclogia, Vol. 
 XL. p. 353. 
 
 (A) Noakes' History of Worcester Cathedral, p. 546. 
 
HISTORY. 
 
 Book I. by the Diocesan Synod of Exeter (e) in 1287, denouncing 
 the conduct of persons claiming exclusive right to par- 
 
 beforefour- ticular seats, (and which, on grounds hereafter stated, 
 cen ury. pj.g]-|^][j]^y referred to seats in the choir,) we do not find 
 in England any sitting accommodation whatever for the 
 congregation before the fourteenth century, and instances 
 previous to the middle of the fifteenth century are rare ; 
 there can be no doubt that a sitting posture in church 
 would have been an entire novelty. We may observe 
 that porches were generally fitted with a stone bench down 
 each side, evidently that people might rest themselves 
 previous to the service. 
 Arrangements A reference to illuminations and paintings will prove 
 illuminations conclusively that there was nothing more than an occa- 
 sional stray bench, and that any general fitting of churches 
 with benches was of late date. 
 
 It seems somewhat strange that we rarely find any re- 
 presentation of a scene showing the internal arrangements 
 of a church, and those that do occur are treated in so con- 
 ventional a manner as to diminish the value of the infor- 
 mation which they might otherwise aflfbrd. 
 
 In a manuscript of the Roman de St. Graal, dating 
 quite at the beginning of the fourteenth century, and now 
 amongst the Royal MSS. in the British Museum (_;), is an 
 illumination representing the interior of a church, where a 
 bare-footed monk in dark grey is standing in a moveable 
 pulpit and expounding to a congregation, who are all 
 
 (i) Wilkins' Concilia, Vol. H. p. 140. 
 
 {j) JRoman de St. Graal; Royal MS. 14 E. III. fol. ix. verso. There are 
 poor engravings of it in Knight's Pictorial History of England, Vol. II. 
 p. 162, and in linight's Old England, Vol. I. p. 356. 
 
CH. I.— EAKLY ARRANGEMENTS. 
 
 seated on the floor, tlie women being in front. There are Book I. 
 no benches, chairs or stools. 
 
 Arrangements 
 
 In another MS., also dating quite early in the fourteenth shown in 
 
 -, _. illuminations, 
 
 century and of French execution, are " les III. Sermons 
 
 de St. Gregoire" (A), headed by miniatures in which he 
 
 is represented as an archbishop, standing in a panelled, 
 
 wooden pulpit, and preaching to congregations seated 
 
 evidently upon low stools, though the stools are not shown. 
 
 The individuals are not in rows, but very irregularly 
 
 placed, showing that their seats were freely moveable. 
 
 AU are bareheaded, and there can be no doubt that the 
 
 scene is intended to represent a congregation in church. 
 
 Bound up with other things in the same volume as the 
 last, and folioed in continuation, is a Life of St. Denis. 
 Under the heading " Comment S' Denis preeschoit au 
 pueple de Paris," is an illumination in which that saint, 
 habited as a bishop, is delivering an address, which, judg- 
 ing fr'om its strongly-marked effect upon the congregation, 
 is evidently of a very sensational nature. Though no seats 
 are perceptible, the audience are certainly seated on stools 
 almost as high as modern chairs, and two clerics, behind 
 the preacher, have rather high seats. One person, in fiiU 
 armour of banded mail, has been so stirred up by the ad- 
 dress that he is rushing out of the place, perhaps to devote 
 himseFto the war of the Christians against the Saracens 
 for possession of the Holy Places. 
 
 The Harleian Collection contains a very beautiful manu- 
 script dating later in the same century, in which there are 
 no less than five illuminations representing a preacher and 
 congregation. The first of these is under the heading, 
 
 (J.) Egorton MSS., 745. 
 
illuminations. 
 
 8 HISTOET. 
 
 Book I. " Sermon de saint augustin, evesque" (/). . He stands in 
 ■ a wooden pulpit and preaclies to a small congregation. 
 
 Arrangements 
 
 shown in Four persons are seated on the ground, two of them sitting 
 
 back against the pulpit and under the outstretched hands 
 of the bishop ; one of the four is perhaps a man, and is 
 fast asleep with his chin on his hands and his elbows on 
 his knees. Two men are standing listening. 
 
 Next is the " Sermon de S' ambroise euesque" [m), 
 where part of the congregation are seated on two long, 
 rude forms : one man reclines on the ground, with his 
 elbow on the form ; one has an open book ; the rest stand. 
 
 Then " Ci coinence lepistre de saint iaque apostre"(M), 
 who leans on a kind of potence-shaped desk or rail ; the 
 congregation are seated on the ground, except one who 
 may, possibly, have a low stool. 
 
 In "lepistre S. pierre " (o) he stands in a wooden pulpit, 
 and the congregation of men and women are aU. standing. 
 
 The fifth has the heading " Six lecons seront leiies de 
 lepistre saint iehan, qui cy commence" {p). He leans on a 
 desk like that of St. James in a preyious example ; of the 
 congregation of seven persons, four are women seated on 
 the ground, and the men stand. 
 
 In all these examples the arrangement is evidently con- 
 ventional ; the ground is always a bright grass-green, yet 
 the wooden pulpit would hardly be out in a meadow ; the 
 
 (I) (Volume called a Pmlterium) Harleian MS., 2897, fol. clyii. Torso. 
 The illumination is that of which there is an engraving in Wright's Bo- 
 mestio Manners and Sentiments in the Middle Ages, p. 293, the reference 
 to the original of which he had lost. 
 
 (to) riiid. fol. clx. 
 
 (») Ibid. fol. clxx-ix. verso. 
 
 (o) Md. fol. clxxxii. 
 
 (2') Ibid. fol. clxxxiiij. 
 
CH. I.— EARLY AREANGEMEKTS. 9 
 
 men all wear tlieir caps ; from five to eight persons form Book I. 
 
 1 • •1-1-1 • C/H. X. 
 
 the entire congregation; the backgrounds are sometimes 
 
 Arrangements 
 
 a small chequer oi gold and dark blue, such as is common shown in 
 
 ■n • ,. ^ .. ^ • ^ n ,. illuminations. 
 
 in lUummationSj and sometimes a large, rich scroll-pattern, 
 in front of which, in one example, are two very formal 
 trees. 
 
 Next we may refer to an illumination occurring in a 
 splendid copy of part of Froissart's Chronicle, dating in 
 the earlier part of the fifteenth century (5'). The scene is 
 apparently in a church, the walls of which are hung with 
 arras, and through an open door is seen a garden. An 
 ecclesiastic in a pulpit is expounding to a congregation, 
 part of whom are seated on a very low form, to which, 
 however, the artist has omitted any legs or support ; the 
 sexes are separate, and two of the men are leaning against 
 the wall, affording a good illustration of the practice repro- 
 bated by Myrc(r), who, writing nearly about the same 
 period, says that none should stand leaning against pillar 
 or wall, as being a careless and irreverent attitude. 
 
 Dating later in the same century, a splendid Harleian 
 copy of the Roman de la Rose affords two illustrations of 
 our subject. In one (s), a Bishop is preaching to a few 
 persons seated in a kind of stalls with low, rounded backs; 
 there is no doubt the scene is in a church, though treated 
 very conventionally. The other illumination {t) represents 
 a church, in which is a Bishop seated on a chair placed 
 upon a temporary platform resting on barrels ; he is en- 
 
 (2') rroiasart's Chronicle; Harleian MS. 4380; at heading of chapter, 
 fol. xxxvij. 
 
 (!■) Myrc's Parish Priest, Early English Text Society, line 270, p. 9. 
 (s) Roman de la Rose, Harleian MS. 4425, fol, clxiij. 
 (i) Ibid. fol. clxj. verso. 
 
10 HISTORY. 
 
 Book I. gaged in reading an oflficial document to an audience of 
 Ch I 
 ^— ^ tlaree men and two women, who are all standing. 
 
 ^Xfn"'^'"' Towards the latter end of the fifteenth century are 
 
 illuminations, ^^q illuminations which have been engraved to illustrate 
 
 Johnes' Translation of Monstrelet's Chronicles. The first 
 
 of these (m) depicts a chaplain preaching before Mary of 
 
 Anjou, Queen of France; the scene is probably in a 
 
 chapel, the floor of which is paved with black and white 
 
 chequers : the women of the congregation are aU seated 
 
 on the floor, or, possibly, on low hassocks, and the men 
 
 all stand. The other (w) is evidently a scene in a church; 
 
 the chaplain is preaching before the king, who is of course 
 
 crowned and seated on a throne, and the congregation, 
 
 consisting of men only, are aU standing. 
 
 Of about the same date of execution is a MS. History 
 
 of King Richard II., wherein occurs an illumination (x) 
 
 representing the interior of a church, in which Archbishop 
 
 Arundel, standing in a pulpit, reads a Bull or other 
 
 document to a congregation, apparently aU. men, who 
 
 are seated on the floor ; the hands of some of them are 
 
 wrapped in their sleeves and tunics, as if on account of 
 
 cold. 
 
 The same MS. has a representation (?/) of a venerable 
 
 man, in civil costume, kneeling at the altar of a chapel 
 
 very conventionally treated ; half a dozen people, who fill 
 
 the building, are aU standing. 
 
 («.) Johnes' Translation of Monstrelet's Chronicles, Vol. IV. p. 113, 
 pi. i3 ; from a MS. in the possession of M. d'Aigrefeuille. 
 
 («) EngraTed, ibid. pi. 41. 
 
 (a;) Histoire du Roy d'Angleterre Hichard II., Hai-lcian MS. 1319, 
 fol. xii. It is engrayed in Strutt's Antiquities of Enijland, liegal and 
 Ecclesiastical, p. 45; and in Knight's Old England, Vol. I. p. 284. 
 
 (y) Ibid. fol. xli. Terse. 
 
CH. I.— EAKLY AEEANGBMllNTS. 11 
 
 Myrc's Parish Priest clearly shows, that seats were not Book I. 
 
 usual at liis date ; as in the following passage from a copy 
 
 Arrangementa 
 
 of the work, made about the year 1450 (2) : — shown in 
 
 illuminations; 
 
 No non in chyrche stonde schal, 
 
 Ny lene to pyler ny to wal. 
 
 But fayre on kneus fey schule hem sette, 
 
 KJnelynge doun vp on the flette (floor), 
 
 And pray to God wyth herte meke 
 
 To 3eue hem grace and mercy eke. 
 
 In the very numerous interiors of Flemish churches in early 
 represented in paintings by Neefs (bom 1570 — died 1651), 
 or attributed to him — examples of which may be seen in 
 every large picture gaUery — there are rarely any seats at 
 all, and never more than a few stray benches set against 
 the pillars, just as continues to be the case to the present 
 day in Southern Europe. 
 
 The early pews were evidently moveable ; thus, in the Early seats 
 parish accounts of St. Michael, Cornhill (a), is an entry 
 of payment, in 1464, of carriage of pews to and fro. 
 
 And so we may fairly presume that the payments by 
 the churchwardens of the same parish (5), for clearing 
 away the church dust when the pews were made clean in 
 1469 and 1474, were occasioned by moving the pews and 
 clearing away the dust which had accumulated beneath 
 
 («) Myrc's Parish Priest, line 270, p. 9 ; edited by Mr. Peacock ; Early 
 English Text Society. 
 
 (a) St. MicJiael's Cornhill, CliurchrKardens' Accounts (edited by 
 W. Overall, Esq., E.S.A.), privately printed by Alfred J. Waterlow, Esq., 
 1871; p. 26. Extracts previously made in the ArcluBological Association 
 Journal in an article by Mr. Wright, Vol. XXm. p. 324. 
 
 (}) Cornhill Chicrchmar dens' Accounts, pp. 40 and 54; and Arches- 
 logical Association Jownal, Vol. XXIII. p. 325. 
 
12 HISTORY. 
 
 Book I. them. Being of a massive structure, pews would not be 
 '— moved very often. There is the payment in 1474 of 
 
 Early seats 
 
 moveable. x' vi* for translatmg of the mayor's pew (e). 
 
 That was clearly a moveable seat which is referred to 
 in an action for trespass in 1493 (d), where the court held 
 that the seat in respect of which the question of trespass 
 arose was not annexed to the soU and was a mere chattel ; 
 and that (unless it were held by prescription) anyone 
 might take away and remove the seat for his own ease 
 and standing, for it was a common nuisance to them, be- 
 cause they could not have their standing by reason of such 
 seats in the church (chescun home purr prender le sedule 
 qe e del eglise $ ceo remove pur son ease | standing, car 
 cest al comen nusans de eux, car ils ne purr av lour stand- 
 ing pur tielx sedules, S3 setes en el eglise). 
 
 Johnson, in his work on Ecclesiastical Laiv (e), states 
 that such seats were the private property of the clergy, 
 many of whose Wills contaui bequests of the seats ; other 
 writers have copied this statement, for which he gives no 
 authority. It seems most improbable on the face of it, 
 that the clergy should have provided (and gratuitously) 
 such accommodation for the parishioners when they fur- 
 nished none for their ovra use ; his assertion is one which, 
 even if entirely groundless, from its nature could not be 
 disproved, but we may say that no single instance has 
 come under our notice ; and his statements on other 
 points are by no means reliable. 
 
 At Leverton church moveable seats continued ia use 
 
 (0) Cornhill CImrchwardcns' Accounts, p. 55. 
 Id) Tear Booh, 8 Henry VII.: Ed. 1597, p. 12. 
 (e) Johnson's Clergyman's Vade-mecti7!i,Yo\. I. 178. 
 
CH. I. — EARLY ARRANGEMENTS. 13 
 
 until subsequent to the Reformation, as appears by the Book I. 
 
 Ch I 
 parish accounts (f). 
 
 At S. Margaret, Westminster, in 1549 (^), there was moveable, 
 paid for mending divers pewes that were broken when 
 Dr. Lattymer did preach, j^ vj''- 
 
 1568. Paid to Thomas "Watson for removyng the 
 stoles in the Churche where dyvyne Svice ys 
 Eedd, & for mendynge the lettem ther . iiij' 
 
 The frontispiece to the earher editions of Fox's Acts and 
 Monuments represents the interior of a church, and the 
 congregation seated on box-Hke stools grouped around the 
 pulpit (/i). And probably such moveable seats were not 
 infrequent until a considerably later period. Thus in 
 the original edition of Sparrow's Rationale, pubhshed in 
 1676 (z), the frontispiece is a representation of the interior 
 of a church during the Litany : the priest, in siuplice 
 and cassock, kneels at a faldstool in the nave, and a large 
 congregation kneel on a chequered pavement, the area of 
 the church being entirely void of seats. On the title page 
 of the same work is a smaller engraving, in which a 
 clergyman is preaching from a high pulpit ; the building 
 is ftJl of seats, arranged on a radiating plan, and mostly 
 partitioned off, but a centre range (holding five in a row) 
 is without backs : the effect is very similar to the arrange- 
 ment adopted frequently in the last century, with a 
 " pauper row" between the ranges of pews for the gentry : 
 
 (/) ArclicBologia, Vol. XLI. p. 364. 
 (^) Nichols' Illustrations, p. 13. 
 
 (/t) Pox's Acts and Moniiments, editions of 1596 and 1631. 
 (i) Rationale upon the Booh of Common Prayer, by Anthony Sparrow, 
 Bishop of Exoter; 12mo. Lond. 1676. 
 
14 
 
 HISTORY. 
 
 Book I. 
 Ch. I. 
 
 Only a few, 
 and for the 
 aged and 
 invalids. 
 
 Necessitated 
 for sermons. 
 
 but a great difference in the congregation is noticeable, 
 inasmuch as all the men wear their hats. 
 
 One might, indeed, reasonably anticipate that even at 
 an early period there would generally be a few seats, at 
 first moveable and unattached, for the aged, infirm and 
 delicate, for whom such a provision would appear essential 
 when they attended the delivery of sermons; and, con- 
 sidering the climate and the damp and cold of the floor- 
 ing, whether paved with stone or tiles, or (as in the poorer 
 and more rural locaHties) of beaten clay, it may be a matter 
 of surprise that some wooden flooring or other relief was 
 not introduced much earlier than was actually the case (A) ; 
 but it must be recollected that domestic arrangements 
 were equally deficient in comforts such as in these days 
 would be considered essentials. The fact, however, must 
 be borne in mind, that sermons were then probably short, 
 and, as compared with the present system, rare, partly 
 from usages of the period and partly firom the restriction 
 of preaching to a limited number of the clergy, secular or 
 regular, who were licensed to preach. 
 
 Comparatively very few ancient pulpits exist in England, 
 and such as are found seldom date earlier than the latter 
 half of the fifteenth century : those which we see repre- 
 sented in illuminations are of wood, and are very generally 
 moveable. But at the time of the Reformation sermons 
 and discourses became of the highest importance, espe- 
 cially from their use with reference to disputed tenets and 
 religious and political controversies of the day ; and though 
 
 (It) Bishop "Wren, in his Ehj Visitation Articles, in 16fi2 inquires: "Are 
 the scats well maintained and the bottoms of them hoarded or paved ?" 
 (cap. iii. sec. G). 
 
CH. I. — EAELT ARRANGEMENTS. 15 
 
 their value for sucli purposes is now relatively small, their Book i. 
 importance should not be undervalued. We find in parish 
 
 accounts about the period of the Reformation not infre^ 
 quent mention of the pulpit. Thus, at St. Mary Wool- 
 church Haw(?), the pulpett was made in 1543, at a cost 
 of ciij'' & iiij*. At Bletchingly, Surrey (m), is an entry 
 for — 
 
 removyng the sceatts and scettyng the pulpyt 
 & the mendyng of dy vers thyngs . . . x^. 
 
 At Ludlow, ia 1551 (n), the pulpit was moved and 
 seats made where it had stood. The vestry of St. Michael, 
 CornhiU (o), in 1576, ordered that the pulpit should be 
 removed unto the north side of the choir ; in the previous 
 year they had resolved to have a preacher to read a lecture 
 twice a week if the churchwardens could collect sufficient 
 funds. And at St. Botolph, Aldgate (/>), the vestry, at 
 a meeting in 1581, agreed that the churchwardens should 
 cause the pulpit to be removed to some place more con- 
 venient to the Masters of the parish. The inventory of 
 goods at Worcester, in 1576 {q), mentions three long 
 carpets to sit upon at sermons; and ia 1595, St. John 
 Zachary, London {r), there was paid 
 
 for a forme & other frames for §mons in the 
 
 quyer . . . . . . . v= viij"*. 
 
 (Z ) St. Mary Woolchurch, Churctwardens' Accounts. 
 (to) Surrey Archcdological Society's Collections, Vol. IV. p. 106. 
 (») ArcTicDological Association Journal, Vol. XXIII. pp. 319, 320. 
 (o) Vestry Minutes, printed in St. Michael, CornhiU, Churchwardons' 
 Accounts, p. 239. 
 
 (j?) St. Botolph, Aldgate, Churchwardens' Accounts, Book No. 1. 
 
 (§■) Noakes' Worcester, p. 546. 
 
 (r) St. John Zachary, Churchwardens' Accounts. 
 
 Pulpits. 
 
16 HI8T0KY. 
 
 CHAPTER II. 
 
 EARLY NAMES OF CHURCH SEATS. 
 
 Book I. 
 Ch. n. 
 
 Varions names We wiU now advert to the names by wMch such seats 
 were known. In early days, when the English language 
 was in course of crystallization, there was naturally a cer- 
 tain indefiniteness of expression which greatly increases 
 the difficulty of ascertaining the exact meaning of words. 
 It is only by length of time and an extended literature 
 that a language can attain a state of completeness and 
 exactness; and where there were more words than one 
 applicable to a particular subject, they were at first used 
 interchangeably, and not till a later period did each ac- 
 quire a special and peculiar meaning differing from that 
 of the others. Such seems to have been the case with 
 church seats at large, and we can only deduce some general 
 ideas upon the subject from a considerable number of 
 examples. 
 
 The terms apphed to them were — in Latin, — 
 
 Stalla, 
 
 Sedile, or Sedilium (pi. Sedilia), 
 
 Sedes (pi. Sedia), 
 
 Sdbsellium (pi. Subsellia), 
 
 Cathedra (a), 
 
 Scabelldm (a), 
 
 SCAMNUM, 
 
 Podium. 
 
 (a) These terms, Cathedra and Scal)eUuni,vioT& equally applied to secular 
 seats J as, for example, in the Inventory of Household Effects of Thomas 
 
CH. II.— EAULY NAMES. 17 
 
 In English, — Booz I. 
 
 Pew, Pewe, Pue, Pwe, Piew (pi. Pewis), 
 
 Stall, Stawtll, (and under various spellings) Stool, ^^^jgi," 
 
 Sege, 
 
 Settle, 
 
 Seat, 
 
 Desk. 
 
 The seats in a chancel or choir seem to hare been stall, 
 always spoken of as stalls, and by that name alone ; but, 
 on the other hand, the word stall or stool is clearly not 
 limited to a seat in a chancel or choir. Thus the Promp- 
 torium Parvulorum, written in the year 1440 {b), gives 
 the meaning thus — 
 
 Stal of a quere — stallus ; 
 and the Liber Equivocarum (c), quoted by the editor of 
 the Promptorium Parvulorum : — 
 
 Stalle, be-forne a schoppe ; stallus, ferculum ; 
 and a somewhat similar application of the word occurs in 
 another early example (<?) : 
 
 Als he was stoken in that stall, 
 He herd byhind him, in a waU, 
 A dor opend fair and wele. 
 And tharout came a damyseU. 
 
 But in reference to church seats, the term stools or stolyng 
 was at first applied to seats for the congregation, generally 
 standing in one place in the church, though capable of 
 
 Creyke of Beverley, esquire, dated 6 Sept. 1488 ( Testamenta Eboracensia, 
 Surtees Society, Vol. IV. p. 35), which mentions " iij Cathedra, cum 
 quiuque Scabellis," valued at iij* iii]'"!. 
 
 ( i) Promptorium Parvulorum, Ed. by Albert "Way, Esq., F.S.A. (Cam- 
 den Society), s. v. 
 
 (c) Ibid. 
 
 (d) Romance of Tmaine and Gamin, 695 (quoted in Halliwell's Archceo- 
 logical Dictionary, s. v. stall). 
 
 H. VOL. I. 
 
18 HISTORY. 
 
 Book I. being moved. Thus in the will of John Baret, in 1463(e), 
 
 Ch II 
 
 where he gives directions for his burial^ it proceeds — 
 
 No stoon to be steryd of my grave, but a pet to be 
 maad vnder the ground sille ther (where) my lady 
 Schardelowe was wont to sitte, the stoolys removyd 
 and the body put in as neer vndyr my grave as may 
 be wythoutt hurt to the seid grave. 
 
 And in 1483 we find a precisely parallel example in the 
 will of John Bockyng (y), who directs his burial near the 
 stall in which the wife of Richard Lylle and Margaret his 
 own wife sit. 
 
 And we may trace the continued use of the word with- 
 out difficulty. Thus in 1508 Robert Gardiner, of Norwich, 
 wills (^) that all the new stoolynge in the church and aisles 
 of St. Andrew, Norwich, be made at his cost. So in the 
 Church Inventories and Accoimts of Essex, in 1552 and 
 1553 {h), are charges for mending the stooles or seates in 
 the churches of Shopland and Barlynge. In 1620 — 30 
 there is mention of a stall or pewe for gentlewomen in 
 Durham Cathedral (i). 
 Leystall. The word Ley stall or Leystow, however, meant a sleep- 
 
 ing-place, not for the hving, but for the dead. This 
 appears with tolerable clearness from the parish accounts 
 of St. Mary "Woolchurch Haw, London (A): — 
 
 1539 — 1540. Casuall Receits — Receyved for the 
 
 (e) Biiry Wills and Inventories (Camden Society, Vol. XLIX.), p. 15. 
 
 (/) Testamenta Uboracensia (Sartees Society), Vol. IV. p. 236. 
 
 (ff) Blomefield's mstorij of Norfolk (fol. ed.), Vol. II. p. 703. 
 
 (Jh) Essex CliUTcli Inventories and Accounts, edited by H. "W". King, 
 Esq. ; Essex Arclimological Society's Proceedings, Vol. V. p. 123 ; 
 Vol. IV. p. 216. 
 
 (),) Cosin MSS.; Camden Society, Vol. XV, p. 16. 
 
 (/i) St. Mary Woolcliurcli Haw, Churchwardens' Accounts. 
 
CH. II. — EAELY NAMES. 19 
 
 Laistow of James Stephyns wyfe's mother in Book I. 
 
 the Cloister ij' 
 
 1540—1541. Receyved for the Laistow, In the Leystall. 
 
 cloister, of Sir Tobye priest . . . • ij' 
 And subsequent entries to the same effect, but with the 
 addition of a knyll with the great bell, when the charge 
 was always 13s. id. The word occurs elsewhere, as in the 
 Ludlow accounts, but its meaning there is not clear, and 
 the learned editor notes (Z) that it appears to have had some 
 relation to a pew, and in fact in one item it is not expli- 
 cable by either signification, viz. (m) : 
 
 1540. Reseyved of ser Richard Bensone 
 
 for his Lent leystalle . . • vj' viij'' 
 
 These accounts also speak of pews and pew places (or Pew-places, 
 sites for pews), and also, almost at the same date, mention 
 a burial place as a pit ; thus (w) : — 
 
 1542. Item of mistres SeUmon for a pytt . vj" viij"* 
 Item more of her for a pewe . . iij^ iiij'' 
 
 1545. Receyvede for mr. Harez pytt (o) . vj' viij"* 
 1654. Receved of mr. Richard Langford 
 
 for his father's pytt . . • "^j" '^ij* 
 And yet, in other entries, we note the use of the word Leystalle. 
 leystaUe (p) : — 
 
 1540. Reseyved of mastere Foxe for mr. 
 
 "Warden's leystalle . . •X)' '^ij'' 
 
 1543. Receyvede of Alls Jfrences for her 
 
 husbandes lestalle . . • '^j' viij'* 
 
 (I) Imdlom Cliwrclimard,ens' Accounts, edited by Tlios, Wright, Esq. 
 F.S.A. (Camden Society, Vol. CII.), P- 5- 
 (m) Ibid. 
 in) Ibid. p. 12. 
 (o) Ibid. pp. 24, 89. 
 {p) Ibid. pp. 6, 16. 
 
 C 2 
 
20 HISTORY. 
 
 Book I. It will be observed that in each case the amount charared 
 Ch. n. . . ^ 
 for a pit or a leystalle is the same, and that the payment 
 
 is made by one person on behalf of another, which would 
 be as unlikely in the case of a pew as it would be necessary 
 in the case of a burial place. 
 Various stalls. In Law dictionaries, published respectively in 1615 {q) 
 and 1670 (r), stallage is defined as money paid for the 
 space occupied by stalls pitched in fairs or markets. In 
 Barclay's translation of the Stultifera Navis, originally 
 published in 1509, and a second edition in 1570, he speaks 
 of stalls in the tavern as well as in the church (s) : — 
 2Ef)« taucnit is open btfore t^t €i)urc]^t if, 
 Ci)e pottts arc ronge asi 6tls of tironfetnntg, 
 JStfoic t^e Ci)uvc^ bcIiS iotti) great iSolemmtu, 
 %\jttt l)ere tl)cSt toretc^e^ tl)ttr mattiniS antf t^m maSSe: 
 TOf)o Itstctl^ to ta6t iiccUe ^l^all often get UouiJtleS, 
 Clje sitallcsi of t^e tauevne stuffea nere ecl)e one, 
 TOl^eii in t\}t Cl)urtf) Stalled l)e sljall See fetoe or none. 
 
 In fact, at the present day, we speak of a stall at the opera, 
 or in a market, — in which sense Milton made use of the 
 word jiew (^),— or in a bazaar; stalls for horses or cattle; 
 or even 2i, finger-stall. Yet at the same time we limit the 
 meaning of the word stall, as a seat, to that in the chancel 
 of a church or at an opera-house, where each person has a 
 defined seat to himself, parted oJGf fi.-ODi his neighbour; and 
 the word stool is limited to a wooden seat or chair without 
 a back, or to a low foot-stool. 
 Inexactness of ^he difficulty of attaching an exact meaning to the 
 
 (j') Exposition of Terms of the Law, A.D. 1615, s. v. 
 
 (r) Blount's Glossographia, or Dictionary interpreting Jiard Words ; 
 A.D. 1670, s. V. 
 
 (s) Sebastian Brant's Stultifera Navis, translated by Alexander Barclay, 
 priest: Of fooles tliat heepe not the holy day: p. 191. 
 
 (i) Milton's Prose Works, Birch's edition, Vol. I. p. 627. 
 
CH. 11. — EARLY NAMES. 21 
 
 ^ord stall is increased by the fact, that in the Prompto- Book I. 
 
 r-iumiu) "Forme" is defined as "long stoole, sponda;" '■ 
 
 and in the same work and in two other vocabularies of the terms used, 
 fifteenth century {v), stool is Latinized by " Scabellum;" 
 and that word, though sometimes expressly put as the 
 synonyme for pew (as in the will of "Wilham Philpot, dated 
 in 1474 (x) — scabella voc'. le Pewes), is also about the same 
 date apphed to house furniture, as in the inventory of the 
 goods of Thomas Creyke, in 1488 (y), where occurs the 
 mention of " III. cathedra cum quinque scabellis." 
 
 Then we find that scabellum is put as a synonyme of 
 sedile in the will of Sir Thomas Beauchamp, dated in 
 1428 {z): thus — "extra sedile sive scabellum in quo sole- 
 bam residere." 
 
 The word settle is no doubt derived firom sedile, and is 
 so translated in an English Vocabulary and a Nominale 
 respectively of the fifteenth century (a). 
 
 Hoc sedile — lang-sedylle. 
 
 PIoc sedile — a long-setylle. 
 And the words sedile, sedes, sege, and sete are placed 
 in the Promptorium Parvulorum as synonymes of each 
 other (5); and the expression in a will dated in 1453 (c)^- 
 sedile vocat. Anglice pewe — and again in 1693 (t?)-^sedia 
 sive subsellias, Anglice pews— brings us round to much 
 
 (?() Promptorivm, Parmdoruni; s. v. Stool. 
 
 (v) Volume of Vocabularies, edited by Thomas Wright, Esq., F.S.A., 
 pp. 197 and 232. 
 
 (ai) Consistory Court of Canteriury, Vol. II. fol. (late 327, now) 318. 
 
 (y) Testamenta Eboracensia (Snrtees Society), Vol. IV. p. 35. 
 
 (z) Ibid. p. 415. 
 
 (a) Volume of Vocabularies, edited by Mr. Wright j English Vocabxilary, 
 p. 19 r, and Nominale, p. 232. 
 
 ( J) Promptorium Parvulorum, s. u. Sege and Seate. 
 
 (c) Will of William Wintringham, Lambeth Registry, 291, Kemp, 
 
 id) Lutwyche's Reports, 1032. 
 
22 HISTORY. 
 
 Book I. the same point as tliat from which we started, and appears 
 
 Ch. II. 
 
 to demonstrate that for seats other than those in the choir,, 
 terms used. these various terms were used without any special or defi- 
 nite distinction. 
 
 The words se^e and seete may no doubt he identified as 
 the correlative, or corruption of sedes, as in the Italian 
 sedia, and the French siege; and in the same way the 
 word settle is derivable from sedile, and means a seat 
 merely, as in fact it is translated in the English Vocabu- 
 lary and Nominale before referred to, and respectively of 
 the fifteenth century (e). 
 
 The Catholicon, which was printed in 1469, omits all 
 of these terms (/ ). 
 
 The meaning of the word scamnum appears to be limited 
 to a bynke or benche (^) ; and cathedra was probably ap- 
 plied only to a chair. Among these examples we find the 
 words— Stalls, Scabella, 
 
 Sedile, SubseUia, 
 
 expressly used as synonymous with pews. 
 
 The word j9ei« does not occur in the Promptoriumj&oxa 
 which we may conclude that it was not in common use at 
 that date, c. 1440. The word desk is also absent. 
 Various spell- Various modes of spelling occur : we find the word 
 Pern. written pew, pue (A), pwe(i\ puwe (J), pieio (k). 
 
 (e) A Volume of Vocabularies ; English Vocabulary at p. 197, and 
 Nominale at p. 232. 
 
 (/) Catholicon; edition printed at Augsburg; fol., A.D. 1469. 
 
 ((/) Volume of Vocabularies, pp. 197, 232, 261. 
 
 (/i.) Piers Plowman's Vision, Passus VII.; Cotton MS. Vespasian B. 16, 
 dating c. 1390. 
 
 (i) St. Botolph, Aldgate, Parish Accounts, A.D. 1554. 
 
 {j) WMtaker's Ed. of Piers Ploroman from another MS. rather later, 
 p. 95. 
 
 (7j) Weever's Funeral Monuments, p. 493. 
 
CH. II. — EARLY NAMES. 23 
 
 But as to the derivation of the English word pew or pue Book I. 
 
 Ch. II. 
 
 (so variously spelt), there is great doubt and difficulty. The 
 nearest approximate is the old French word puie, mean- ^"^ "'^' 
 ing a balcony or gallery bmlt upon balks or posts of tim- 
 ber (J). But the word as we apply it was not in use in 
 France in the seventeenth century, as we find that " The 
 Great French Dictionary" translates (jn) pew or church- 
 seat — Banc ; Banc ferme d'une EgHse. 
 
 Skinner {n), in 1671, and Richardson (o), after him, con- Derivation of 
 siderthe word to be derived from the Dutch. Puye,puyde — ^ 
 suggestum ; and the latter adds that the etymology im- 
 plies that we borrowed oiur division of the interior of 
 churches into pews from the Dutch, but gives no authority 
 for the suggestion : if that had been the case, there can 
 be no doubt we should find many early examples still 
 existing; but the fact is otherwise. The earliest ex- Early foreign 
 ample of regular benching that we have met with is in ^""^ '°^' 
 the nave of the Cathedral at Soest, in Westphalia, and 
 has this inscription cut in the back of one row : — 
 
 ® iMenSch JScKtncfe i9l't fEbtafeeft, (CarvIng of serpent coiled in a 
 a.' !»n • ^ n,-i ™^, . ™y- V ring, and crossed sword and 
 
 Silt JSnngtt lEtn lElotgcii aoI)n sceptre.) 
 
 B>U JSringtt Bit SEJuigt Wtin (Sword and aasel in saltire.) 
 
 <3tiev ©ie iElDtge Eron. (cro-™.) 
 
 ^ ^nno 1663 (p). 
 This is cut in German letters in the back of a row of seats 
 
 (Z) Walcott's Sacred Arcliceology, s. v. Pen, p. 443. It is a serioHS 
 drawback to the ralue of this work, which contains a yast mass of important 
 matter, that the author determined for the sake of breyity to omit all 
 reference to authorities. 
 
 (?«) The Gi'eat French Dictionary, by Guy Miege, gent., fol. 1688, s. v. 
 
 («) Skinner's Etymologicon Lingum Anglicance, fol. 1671, s. v. 
 
 (o) Richardson's Dictionary, 4to. ed. 1837, s. v. 
 
 (j>) Oh, man, remember eternity, which brings thee eternal recompencci 
 brings thee an eternal torment, or an eternal crown. 
 
24 
 
 HISTOKT. 
 
 Book I. 
 Ch. n. 
 
 Early foreign 
 example. 
 
 Pew-fellow. 
 
 Supposed de- 
 riTation from 
 Podmm. 
 
 of a late kind of Jacobean character : there are many of 
 the same pattern ; the rest of the seats in the Cathedral, 
 with which indeed the nave is blocked up, are later ; they 
 are unappropriated. The Glossary of Architecture (^q) 
 gives a wood engraving of a bench-end at Dol, in Brittany, 
 but this may be part of the choir-staUs. 
 
 A pew-fellow, Skinner says (r), was merely a feUow or 
 companion in the same seat or situation, as boys of the 
 same class in an enclosed seat. 
 
 Webster (s) gives the same derivation, and defines a 
 pew as an enclosed seat in church and a pew-fellow as 
 a companion, referring to Bishop HaU as an authority. 
 
 There seems perhaps a reasonable presumption that the 
 word comes from the Latin Podium. Ducange, amongst 
 other meanings of the word, gives the following, in which 
 it is used in the sense of a seat(/): — 
 
 Podium. Suhsellium, minoribus canonicis in ecclesia 
 Lugdunensi destinatum. 
 Acta Capit., A.T). 1342: — 
 
 Commiserunt prsenominatis capitulantibus 
 
 quod . . . Humbertum de Briot canonicum 
 
 Lugdunensem subdiaconum ponant ad Podium. 
 
 Podium. Vaxs formce monachicEe, cui Monachi, cum 
 
 procumbunt, innituntur. 
 
 ITsus antiqui Ordin. Cisterc, caps. 68 & 69: — 
 Et paululum a Podio semotus, stet usque ad 
 metrum. 
 
 Quicunque hymnos incipit stet semotus a 
 Podio. 
 
 (j) Glossary of Arohiteoture, Vol. I. p. 282, 
 (7") Skinner's Etymol. Ling. Angl,, «. u, 
 (s) Webster's Dictionary, 4to. ed. 1832, s. v. 
 (t) Ducange's Glossary, 4th ed. Paris, 1845. 
 
CH. 11. — EARLY NAMES. 25 
 
 Statuta ejusdem Ord. Ann. 1219: — BookL 
 
 Monachis in stalHs suis manentibus, dum ' 
 
 antiphona canitur, et semotus a Podio. Supposed de- 
 
 rivation of 
 Podium, Pogivm. Lectrum, analectrum in ecclesii, word, 
 ad quod gradibus ascenditur. 
 
 Cyprianusin Vita S. C<ss ar ii Arelat, nwai. 17: — 
 Videntur etiam hodieque securiam ictus in 
 Podiis et cancellis ; dum inde columnar um ex 
 argento excutiuntur ornamenta. 
 Or do Romanus: — 
 
 In Pogio juxta ambonem cum capsa in qua 
 subdiaconus idem ponit Evangelium et sigil- 
 letur. 
 
 Alibi: — 
 
 Qui ordinandi sunt, stent in Pogio sub 
 gradibus. 
 Rursum: — 
 
 Veniunt usque ad altare, ascendentibus dia- 
 conibus in Pogium, Episcopi et Presbyterii 
 statuuntur in locis suis, et scbola ante altare. 
 
 And Carpentier, in bis edition of Ducange, gives a 
 fiirther illustration, dating in 1394 (m) : — 
 
 La suppliante esmue de cbaleur, & courroux .... 
 a I'entree de I'al^e dudit celier, se tint k une Puye, 
 ou boise qui y estoit. 
 
 In the Catholicon, printed in 1469 (x), tbe words occur 
 thus : — 
 
 Podio, podias, in podium est. 
 
 Podium. A pavio, pavis : derivatur hoc, podium., 
 dii, f baculus quem innitimur cum sepe terram 
 
 (m) Carpentier's Edition of Du Cange's Glossary (publ. 1766), b. v. 
 (x) Catholicon: Edita fratre johanne de janua, ordinis fratrnm predi- 
 cator'. Vindelica (Angsbnrg), fol. 14:69. 
 
26 
 
 HISTORY. 
 
 Book I. 
 Ch. II. 
 
 Supposed de- 
 riTation of 
 word. 
 
 ferimus. Unde, quoque, podium dicitur ubicunque 
 innitimur, Et inde podio, podias, quod componitur 
 Appodio, appodias; Compodin, dias; Suppodio, 
 dias. Omnia pro valde inniti, | secundum sunt 
 neuter, quoque, absoluta. Item transitiva activa, 
 utj Podio te, Appodio ilium, Suppodio istum ; quasi 
 podium suppone illi vel podio sustentare vel podio 
 facere inniti. 
 
 Sedile. A sedeo, des; dicitur lioc sedile, lis. vellum (?) 
 penultimi producta. Et sunt sedilia, loca in quibus 
 quis sedere possit. Unde in tercio regum, capi- 
 tulo X°. Ed due manus bine atque inde tenentes 
 sedile. 
 
 Tbe words stalla and scabellum do not occur. 
 
 Anotber suggestion is based upon a second meaning 
 of tbe word podium, signifying something to lean upon; 
 tbence appodiare, and tbe French s'appuyeri^y); but 
 perhaps this derivation is more ingenious than sound. 
 
 Raymond, the master of the order of S. John of 
 Jerusalem, in 1 118, was sumamed De Puy, or Poggio {£). 
 There was also a Messer Poggio who wrote a History of 
 Florence, in Latin, which was translated into the " Lingua 
 Thoscana" by " Jacopo suo figluolo," and published at 
 Florence in 1492 (a). 
 
 There was formerly a famous chapel at Westmiaster 
 called Our Lady of the Pue, but for what reason does 
 not now appear (J). 
 
 (y) Hist, of Pneg, p. 5. 
 
 («) Porter, History of the Knights of Malta, Vol. I. p. 24. 
 
 (a) Storia Morentina di Messer Poggio — Firenze, fol., A.D. Ii92. 
 
 (5) Newcourt'B Repertorium, s. v. ; Weever's Funeral Monuments, p. 
 493 ; Brayley and Britten's Hist, of the late Houses of Parliament, p. 
 434. 
 
CH. II. — EARLY NAMES. 27 
 
 It has been suggested, but without other authority than ch°^/' 
 
 similarity of sound, that Pew by the intermediate Puy ~ T^ 
 
 •' ' ■' . "^ Supposed de- 
 
 may have been derived from puit, a well or pit ; and rivation of 
 
 ... -n 1 word. 
 
 Menage (c) blames Scahger for latmizmg M. du Puy s 
 
 name by Puteanus, " qui veut dire du Puis, au lieu de 
 
 Podianus, que fait du PuyP Both Ducange and Manage 
 
 consider podium identical with the French word Puy or 
 
 Pui, as in the names of several places, as Le Puy en Velay, 
 
 i. e. Podium Velauno ; Le Puys Laurens, and Le Puy 
 
 Morin, are respectively Podium Laurentii and Podium 
 
 Morini. 
 
 The suggested derivation from Les Pieux (d) has 
 nothing but similarity of sound to recommend it. 
 
 Mr. Thomas "Wright, the weU-known archfeologist, is 
 decidedly of opinion (e) that the name is not derived from 
 podium, because he says that word never meant pew, and 
 because it could only have come fr-om the Latin into the 
 English language through the medium of Norman or 
 Prench, and there does not appear ever to have existed in 
 Prench any such word with such a meaning. He inclines 
 to think that the word was not of foreign origin, but has 
 been originally a word of popular growth, and it appears 
 not to have been in use as belonging to correct literature 
 until rather a late date ; and that the derivation is long 
 forgotten. 
 
 From the mention in an English will, dated in 1475 (y ), 
 
 (c) Menage, Dictionaire Etynwlogique, fol., 1694, p. 604. 
 
 (<?) Query hj "John de Ford" in N'otes and Queries, 2nd series, Vol. SI. 
 p. 189. 
 
 (e) Journal of Archcpological Association, Vol. XXIII. p. 322. 
 
 (/) Will of William Philpot, of Godmersham, Cons. Ct. of Cant. Vol. II. 
 (formerly fol. 327, now) fol. 318. 
 
2& HISTOET. 
 
 Book I. of new seats called " Le Pewis" it was ingeniously 
 
 '■—- — suggested ( g) that it may be a corruption of Pervis, the 
 
 rivation of Parvise or Paradise, used occasionally by our old writers 
 word. . •(• 1 1 •/• 
 
 to Signify an enclosure ; but if so, there seems no reason 
 
 why it should not have been so written. 
 
 There was established at an early period in London, La 
 
 Confrerie du Pui, as appears by an ordinance dating 
 
 apparently in the reign of King Edward I. (A) ; it seems 
 
 to have been previously established, and that this document 
 
 was for the purpose of regulating it. The preamble runs 
 
 thus : — 
 
 Le Feste de Pui., 
 
 En le honour de Dieu, Madame Seinte Marie, touz 
 
 Seinz e toutes Seintes; e en le honour nostre 
 
 Seignour le Roy e touz les Barons du pais ; e por 
 
 loial amour ensancier. Et por ceo qe la vOle de 
 
 Lundres soit renomee de touz biens en tuz lieus ; 
 
 et por ceo qe joHetes, pais, honestez, douceur, 
 
 deboneiretes, e bon amour, sanz infinite, soit main- 
 
 tenue — E pur ceo qe touz biens soient mis avaunt, 
 
 e touz maus arriere — Li amerous compaignoun qui 
 
 sont demoraunt e repairant en la bone cite de 
 
 Lundres ount ordinee, conferme et establie une 
 
 feste ke horn apele " Pui." Et por ceo qe la 
 
 devaunt dite feste soit maintenue en pais e en 
 
 amour. 
 
 Later on it is spoken of as Le gentil Pui de Londres, 
 and the objects of its foundation and encouragement were 
 joviality and charity. Unfortunately the document affords 
 no clue to its peculiar name. 
 
 (g) Note by A(rthur) A(shpitel) in Notes and Queries, 2nd series, 
 Vol. VIII. p. 204. 
 
 (A) Zibe7' Costumarvm ; printed by the Keoord Office, Vol. I. p. 216. 
 
CH. II. — EARLY :NAMES. 29 
 
 It may be just necessary to refer to a very similar word Book I. 
 
 which occurs at an early date, but with evidently quite a '■ — ' — 
 
 Supposed de- 
 different meaning. In the Year Book of Henry IV. is rivation. 
 
 this passage (z)j referring to the church and churchyard : — 
 
 II est voyer de chose annexe al Esgllse, ou al Glebe, 
 le Parson avera action, come d'arbers coupes, ou 
 d'herbespwes en le cimetorie; . . . mes de les 
 ornaments del Esglise Taction gist par les Gardeins. 
 
 Cotgrave gives the meaning of the word as applied to 
 cutting a vine (A) : — 
 
 Fuer la vigne, to cut a vine; or, as pouer-pouer, to 
 mount, ascend, go up; or to hale as Bargemen doe 
 against wind and tide; also to pile, or heap up; 
 whence pouer la vigne, to raise the beds of a Vine- 
 yard into ridges. 
 
 (i) Tear Booh, Henry IV. =. 12 (A.D. 1410). 
 
 (i) Cotgrave's Dictionary, Howell's ed., fol. Lond. 1640, n. v. 
 
30 HISTORY. 
 
 CHAPTER III. 
 
 EAELY USE OF WOIID "PEW." 
 
 Book I. 
 Ch. III. 
 
 Occnrring in The earliest use of tlie word in English, appears to be tliat 
 
 Fiers Plow- n • n i /. i -, • • 
 
 man. •which has oiten been quoted as occurring m one version 
 
 of the Vision of Piers Plowman, viz. the transcript by 
 Dancaster, very shortly after the year 1362 (a). Of this 
 it may be remarked that the passage does not occur in the 
 two versions cited, respectively, as the A. or Vernon Text, 
 and the B. or Crowley Text, both recently printed by the 
 the Early English Text Society, nor in the text which 
 Mr. Wright edited. In the opinion of the Rev. "Walter 
 W. Skeat, the editor of the Early English Text series, 
 the date is about the year 1390, and Whitaker's text rather 
 later. 
 
 Wra))]3e, in his confession, says (b) : — 
 
 Among wyves and widewes . am i wonet to sitte 
 
 J parroket in pues . ye person hit knowef 
 
 How litel i louye . lette at fe stile 
 
 par sche hadde holibred or i , myn herte hi gon to 
 change 
 
 Afturward after mete . sche and i cliidden 
 
 And i wraffe was i war. 
 
 (a) Piers Plowman's Vision,Vassaa VII., Whitaker's ed. p. 95. The 
 Eev. Walter W. Skeat, the editor of the Early English Text Society's Tersion 
 of Piers Plowman,, considers the date of Text A. to bo between 1370 and 
 1380; the B. Text, 1377; and the C. (Whitaker's) Text, rather later. 
 
 (S) Piers Plowman's risiora, Passus VII. j Cotton MS. Vespasian, B. 16, 
 fol. 27. 
 
en. 111. — EAELT USE OF WORD PEW. SI 
 
 Whitaker's text differs considerably in orthography ; Book I. 
 and we copy it below because it is the text which has been 
 
 In Piers Plow- 
 man. 
 
 quoted by two or three previous writers, who, by the iri' 
 troduction of punctuation (and probably by copying one 
 &om another), assume that the fact of Wratthe being 
 yparroked in puwes was known to the parson; whereas 
 it would certainly seem that it was the jealousy of Letice 
 which the parson was aware of. 
 Wratthe says, — 
 
 Among wyues and wodewes ich am ywoned sute, 
 
 Yparroked in puwes ; Jie pson hit knoweth 
 
 How lytel ich lovye Letice at fe style 
 
 For hue had haly bred er ich; my herte bygan to 
 
 chaunge 
 Afterward; after mete hue and ich chidde 
 And I Wratthe was war. 
 
 The word puwe does not occur in the Promptorium 
 Parvulorum, nor in the CatJioUcon, nor in Palsgrave's 
 Dictionary; in the former, the word parrok is thus ex- 
 plained (c): — 
 
 Paerok, or Cowle — Saginarium, Cavea, pargulus. The word 
 Paeeok, or caban — preteriolum, capana. Parroch. 
 
 Parrokxtn, or speryn in streyte place, closyn in 
 streythley ; Intrudo, obtrudo. 
 
 It is in fact the Anglo-Saxon word(<?) — 
 
 Pearroc, pearruc — A park, parruck, paddock, an 
 enclosure ; septum ferarium, saltus, clausura. 
 
 (e) Promptorium Parvalonim, edited, with vast research and labour, 
 by Albert Way, Esq., P.S.A., for the Camden Society, s. v. 
 (d) Bosworth's Anglo-Saxort Dictionary, s. v. 
 
32 HISTORY. 
 
 Book I. Ducanffe explains the word thus (e) : — 
 
 Ch. III. o i \ y 
 
 ~ ; Paeeoc — Parous minor, k Saxon Peannoc ; Locus 
 
 The word . „ , .. ,,„„ 
 
 Parrooh. ad lerarum costodiam: 1182. 
 
 And Carpentier^ ia his edition and extension of Du- 
 cange (/) :— 
 
 Paerigo, farrago. Haud satis mihi aperta est 
 Tocis hujus significatio ; ut est Parrigue, Pr^dium 
 rusticum muris fossisque circumseptum intelligo, 
 in Lit. remiss, an. 1371. 
 
 Les Anglois se logerent en la dite ville (du 
 Lude) & visiterent une Parrique forte de 
 muraille & une coline pr^s dudit fort. 
 
 And Palsgrave (originally published in 1530) agrees 
 with Ducange {g) : — 
 
 Paeeocke, a Ijtell parke — parquet. 
 
 And in Peter Levins' Manipulus Vocabularum (Ji) : — 
 ParockEj fimdus. 
 Pew, in Soke "Wg ,Jq jjgt meet with the word pew again during the 
 
 of Nurture. _ 
 
 long period between the date of Piers Ploioman, and near 
 the middle of the fifteenth century, when it occurs in 
 KusseU's Boke of Nurture (i), beheved by the learned 
 Editor to have been written ante 1447 : — 
 
 Prynce or prelate, if hit be, or any ojier potestate, 
 or he entur in to fe churche, be it erly or late. 
 
 («) Du Gauge, Glossarium, s. v. (ed. 1736). 
 
 (/) Carpentier's edition of Du Gauge's Glossary, fol., 1766, ». v. 
 
 (_ff) Palsgrare; L' Eclair cissement de la Langue Franqaise, 1530, 4to. 
 cd., Paris, 1852, p. 252. 
 
 (A) Manipulus Vocaiularum,- reprinted by the Camden Society and 
 by the Early English Text Society, col. 15S. 
 
 (i) Printed by the Early English Text Society; edited by Mr. rumi- 
 Tall: lines 916—8. 
 
CH. Ill, — EARLY USE OF WORD PEW. 33 
 
 perceve all fynge for his pewe fat it may be made Book I. 
 preparate, ^' 
 
 bojie cosshyn carpet & curteyn, bedes & boke, forgete ^"^ °* 
 not that. 
 
 In 1449 William Bruges, Garter King at Arms, by Pews men- 
 his WiU directs and bequeaths as follows (A) : — Wills. In 1449. 
 
 Y bequethe and ordeyne yat ye gret framd yat y have 
 lying in the gi-et beme in my place at kentisshton, 
 that it be sold to the most value, and ye money 
 rising thereof to be bestowed upon ye complesshyng 
 f reudyng of ye said chirch of Staunford ; yat is to 
 be understand in cofyng w' lede, glasyng, f makyng 
 oi pleyn desques $ of a pleyn Eadeleft and in puy- 
 ing of the said chirch, nourt curiously but pleynly; 
 and in pavyng of aU the hole chirch, body f quere, 
 w* brode holand Tyle. 
 
 In 1451 Robert Frense, of Dickleburg, Norfolk (?), by In 1451. 
 his Wm directs his burial at AU Hallows Church, and a 
 gravestone to be laid over him, without the Pewe on the 
 South side of the North Pewe, with his name engraved 
 thereon. The stone is described by Blomefield, as in the 
 Middle Alley, though the brass is now gone. 
 
 The wording leads to the inference that there were but 
 two pews, one on the North and one on South, apparently 
 at the East end of the nave, immediately before the Rood- 
 screen across the chancel arch ; an arrangement which 
 appears by various other examples to have been not urtfre- 
 quently the case elsewhere. 
 
 1453. The WiU of WiUiam Wintringham, of Lon- in 1453. 
 
 (K) Lambeth Eegistry, 187, Stafford. The Eev. H. B. Browning, the 
 Eector, says these no longer exist. 
 
 (I) Blomefield's History of Norfolk, Vol. I. p. 132, and n. 
 
 H. VOL. I. D 
 
34 HISTORY. 
 
 Book I. don (m), directs his burial in the church of St. Mary 
 Ch. Ill 
 ■ '■ — '■ — Magdalen, Old Fish Street, and that an inscription in 
 
 tioned in early hi'ass be set in the waU " ad sedile, voca? angHce pewe, 
 
 '^^'^- nuper dicte Kateriae." 
 
 In 1454. 1454. John Younge of Heme, Kent (ra), by his "Will, 
 
 gave " to the fabric of the churche of Heme, viz. to make 
 
 seats called puyinge, x marks." 
 In 1474. 1474. And so William Philpot, of Godmersham (o), 
 
 leaves a legacy to build anew the seats called " le pewes." 
 Although the word pew had become the usual term for 
 
 church-seats, whether what we should now term stalls, or 
 
 benches, yet it did not acquire any very precise meaning 
 
 for centuries afterwards ; nor, indeed, until what may be 
 
 properly termed modem times. 
 
 Sheep in Pews The term pew and its derivative pew-fellow, though 
 at Smithfield. n • /. 
 
 generally used m reference to church seats, was not even 
 
 exclusively so appHed. Thus Milton writes ( j») : — 
 
 Certainly it is not necessary to the attainment of 
 christian knowledge that men should sit aU their 
 life long at the feet of a pulpited divine ; while he, 
 a loUard indeed over his elbow-cushion, in almost 
 the seventh part of forty or fifty years, teaches them 
 scarce half the principles of religion ; and his sheep 
 ofttimes sit the while to as little purpose of 
 benefitting, as the sheep in their pews at Smith- 
 field. 
 
 (m) Lambeth Registry, 291, Kemp. 
 (m) Testamenta Vetusta, p. 289. 
 
 (o) Consistory Court of Canteriury, Vol. II. (formerly fol. 327, now) 
 fol. 318. 
 
 ip) Milton's Prose Works, Birch's edition, Vol. I. p. 167. 
 
CH. III. —EARLY MENTION OF WORD PEW. 35 
 
 So Sliakspeare. Edgar, in the play of King Lear, Book I. 
 
 „. . / ,° ' ^ -^ ^ CH.I1I. 
 
 leigning madness, says (j') : — 
 
 Word used ty 
 Who gives anything to poor Tom ? whom the foul Shakspeare, 
 
 fiend hath led through fire and through flame : hath 
 
 laid knives under his pillow and halters in his pew. 
 
 Mad Tom's character is a satire on the pretended pos- 
 session of John Darrell and others (r). In the examina- 
 tion of these wretched creatures we find that knives and 
 halters were said to have been laid under their beds, 
 and in their chairs. Pew never meant a chair, but a 
 bench. The large moveable seats in old-fashioned inns, 
 which have a back both above and below, to keep off the 
 wind, lead us to remember that Edgar afterwards says of 
 himself, " Wine loved I deeply, dice dearly;" and there is 
 therefore some reason for setting down the pew in the above 
 passage as an ale-bench, where a halter might well have 
 been laid ; and pew-feUow with them, as the term is apphed 
 here, mean a boon companion. It will have been remarked 
 in the quotation fi-om the Stultifera Navis, that the seats 
 in church and in the tavern were equally termed stalls. 
 
 An earlier example of the expression occurs in " The and other 
 
 _^_^ \\-riter3 of his 
 
 Proude Wyves Paternoster" {s) : — period. 
 
 To chyrche they be come, this is no lye, 
 
 Vnto theyr pewe there fore to knele, 
 Reuerence doynge to the otherby. 
 
 With countenance meke and becometh the wele ; 
 
 (j) King Lear, Act III., scene 4. 
 
 (r) Cambridge Camden Society's Mormviental Brasses, p. 37. 
 
 (s) TJie Proude Wyues Pater noster, that molde go gaye, and imdyd 
 lier husbonde and went lier maye. Printed by John Kynge, c. 1560 : re- 
 printed in Select Pieces of Popular Poetry from early copies, in 1817, 
 Vol. 11. p. 144. 
 
 d2 
 
36 
 
 HISTORY. 
 
 Book I. 
 Ch. m. 
 
 Word used at 
 time of Shak- 
 speare. 
 
 Pew-fellow. 
 
 Than syt they downe, eche gossep other by, 
 BeholcTjTig theyr aparell of eyther syde. 
 
 Yf the one be gaier than the other that doth espie. 
 Than she thynketh her felowe set all full of pryde. 
 
 Johnson, in his notes to his edition of Shakspeare's 
 works {t), says that Pue-fellow seems to mean companion, 
 and that " we have now a new phrase, nearly equivalent, 
 by which we say of persons in the same difficidties, that 
 they are in the same hoxP He adds, on the authority of 
 Sir John Hawkins, that the word is yet (i. e, in 1785) 
 in use. 
 
 Shakspeare uses the expression in another passage (w): — 
 And makes her pew-fellow with others moan. 
 
 Meaning, to associate her with the sufferings of others. 
 
 And so it is used by Decker and "Webster, 1607 iv) : — 
 
 The Jest shal be a stock to maintain vs and our pew- 
 fellowes m laughing at cristnings, cryings out, and 
 vpsittiags this 12 month. 
 
 And again {x) : — 
 
 'Sfoot, if he should come before a church-warden, he 
 wud make him peu-fellow with a Lord's Steward, 
 at least. 
 
 In Bishop Andrewes' sermons in Lent, A. D. 1596 (?/): — 
 Look how Esau speaketh Habeo hona plurima. 
 
 (t) Johnson and Steeven's Ed. of Shakspeare's Plays. Note on JLini/ 
 Lear, Vol. VII. p. 123. 
 
 («) Richard III., Act IV., scene i (publ. 1591). 
 
 (■w) West- Ward Hoe, Act V., scene 1. 
 
 (a;) Nortli- Ward Hoe, Act 11., scone 1. 
 
 (y) Liirary of Atiglo-CatlwUo Tlieology, Vol, II. p. 91. 
 
CH. III. — EARLY USE OF WOED PEW. 37 
 
 ' I have enough, my brother,' and as his pew- Book L 
 fellow here, Anima habes, Soul, thou hast goods ^^' ^^' 
 
 enough, &C. Pew-fellow. 
 
 And Webster (z) refers to a similar use of the expres- 
 sion by Bishop HaU. 
 
 In MoUe's translation of Camerarius, published in Camcnmas. 
 1621, occurs this passage (a) : — 
 
 It hapneth also most often in Couents that in the 
 Churches there are seene spirits without heads, 
 apparelled like Monkes and Nunnes sitting in the 
 pewes of the right Monkes and Nunnes which were 
 to die soone after. 
 
 "V^Tiat we should now call the reading-desk was spoken Minister's 
 of as the Minister's Pew ; of which a few examples will ^' 
 suffice. 
 
 In the Inventory of Church Goods of AU Hallows-in- 
 the-WaU, London, in the 4th year of King Edward VI., 
 is a payment of 12'' for turning the priest's pew in the 
 quire (5), which was probably to convert it into a reading- 
 desk of modern use. So in the Inventory of St. Dionis 
 Backchurch, London (c), is a payment of 2^ 8** for a 
 wainscot for the pews in the quire ; and at St. Sepulchre, 
 Newgate, London (c?), in the second year of King 
 Edward VI., there was paid 2^ " for cutting of the pew in 
 the quire to set the great organs in the place." 
 
 (z) Webster's Dictionary, s. v. 
 
 (a) Historical Meditations, by P. Camerarius, done into English by 
 Jolm MoUe, Esq., fol. Lond. 1621, p. 284. 
 
 (S) Extracts from State Papers, Church Mevicw, 21 Oct. 18C5. 
 
 (e) Ibid. 
 
 (_d) Ibid., 14 Oct. 1865. 
 
38 HISTORY. 
 
 Book I. At St. Peter Chepe, London, in the parish accounts 
 
 Ch. III. . . , 
 
 occurs this item (e): — 
 
 Minister's 
 
 ^^^- Paid for ij matts for the pewe wherein Mr. 
 
 Parson saithe the service, the x"" daie of 
 
 November 1568 vj"* 
 
 And in the Cornhill Accounts {f): — 
 
 1605. Paid for mending the minister's Pewe 
 
 & for hindges .... viij** 
 
 An Act of Court, in 1613, relating to a controversy 
 between one of the parishioners of Margaretting, Essex C^), 
 concerning the placing of the minister's reading pewe in 
 some convenient place, records the decision of the Chan- 
 cellor granting certain seats to one Mr. Tanfield, his heires, 
 or every owner of the Manor of Copfold Hall, and the 
 Minister's reading pewe to remain where it now is. 
 
 In 1632, in a suit in the Consistory Court of Peter- 
 borough (h), the Rev. Matliew Billinge, the incumbent 
 of Canon's Thorpe, alleged that, — 
 
 John Buthn did at the time of y° gtended misde- 
 meanour, of purpose to afiront & disgrace the s** 
 Mr. Billinge at y° time of his CatecHzinge, did of 
 purpose remove out of his usuaU seat where he used 
 to sitt & did set in a seate very neare to y° minis- 
 ters pue or seat. 
 
 Item, that the s"* Mr. Martin BuUinge at or 
 before the gtended time of the s** misdemeanour did 
 
 (e) Extracts from Churchwardens' Accounts, by Rev. Sparrow Simpson, 
 Arch. Assoc. Journal, Vol. XXIV. p. 262. 
 
 (J") Cornhill Accounts, p. 194. 
 
 (^) J'icar- General's Books, Vol. II. fol. cxxi. 
 
 (Ji) Peterborough Diocesan Registry, Ilegistrxim Stamford, Vol. II. fols. 
 cxxxiv, CXXXT. 
 
CH. III. — EARLY USE OF WORD PEW. 39 
 
 in a modest, sober, & discreet manner sitt or stand Book I. 
 
 Ch III 
 in his pue, or ministeriall seat in the b'^ churclie of 
 
 Kanons thorpe. pj^''*®''^ 
 
 And shortly afterwards it is also called the Reader'' s Header's Pew. 
 Pew (?) : — 
 
 Lessons and Chapters were indeed read in the body of 
 the Church among the people, out of the Reader^s 
 Pew, or Tribunal! (as Saint Cyprian calls it), and 
 were part of the First Service, at which the Cate- 
 chumeni were present. 
 
 So wrote Dr. Pocklington in 1637 ; and the same term 
 was used twenty years later by Christopher Harvey in 
 his verses, in excellent imitation of the style of George 
 Herbert (J): — 
 
 But, if my Pulpit-hopes shall all prove vain, 
 I'U back unto the reading Pue again. 
 
 The Pulpit. 
 
 I doubt their preaching is not always true. 
 Whose way to th' Pulpit's not the reading Pue. 
 
 The Reading Pue. 
 
 Bishop Burnet, in 1692, inquires (A): — 
 
 Have you in your said Church or Chappel a con- 
 venient seat or Pew for your minister to read Divine 
 Service in? 
 
 It is perfectly apparent that the word as here used 
 means what we should now term stalls, and not pews. 
 Probably Bale referred to a throne somewhat like a 
 
 (i) Pocklington's Altare Clmstianum, first ed. p. 91. 
 (J) The Synagogue, by Christoplier Harvey, p. 18 ; p. 13. 
 (Ji) Burnet's Visitation Articles for the Diocese of Sarum; Sparrow's 
 Collectioii, p. 308. 
 
40 HISTORY, 
 
 Book I. bishop's throne in the choir of a cathedral, in his story of 
 
 Ch. III. '^ ' ■' 
 
 the Good Emperor Henry IV., labouring to remove 
 
 Emperor's , , „ 
 
 Pew. abuses (/): — 
 
 This perceuing, Hildebrand, which was a religious 
 maintainer of all these, sought by his preuy 
 trayttours to dyspatche hym. And on a day 
 whyles thys vertuouse emproure was in prayer, he 
 hyred a desperate knaue to lays stones of great 
 wayghte vpon the roufe beames of the temple, ryght 
 over hys prayenge pewe, and to lete them fal upo 
 hym to his utter destructyon. But se the ryghteouse 
 hande of God. One of these Stones, beyng more 
 than thys wretche could well rule, bore hym downe 
 to the groimde and so slewe hym. 
 
 Bishop's Pew. Pepys, in his Diary (rn), speaks of the bishop's raised 
 throne in St. Paul's Cathedral as "the Pue," — thus: — 
 
 1663-4 : Feb. 28 (Lord's Day). Up and walked to 
 St. Pauls, and both before and after the sermon, I 
 was most impatiently troubled at the quire, the 
 worst that ever I heard. But what was extra- 
 ordinary, the Bishop of London, who sat there in 
 the peio made a'purpose for him, by the pulpitt, do 
 give the last blessing to the congregation; which 
 was, he being a comely old man, a very decent 
 thing, methought. 
 
 Pew at theatre. So he also speaks of a pew at Whitehall theatre (?z) : — 
 
 To Whitehall ; and there by means of Mr. Cooling, 
 did get into the play, the only one we have seen 
 
 (Z) Bale's English Votaries, 2nd part, F. 1 (pub. 1550). This book is 
 ofie of the grossest works ever written under the pretence of religion. The 
 above is quite exceptionally unobjectionable. 
 
 (m) Pepys' Diary, Bohn's edition, Vol. II. p. 101. 
 
 (») Ibid., 15 Feb. 16CS-9, Vol. IV. p. 103. 
 
CH. III.— EARLY USE OF WORD PEW. 41 
 
 this winter: it was " The Five Hours' Adventure;" Book I. 
 
 Ch III. 
 but I sat so far I could not hear well, nor was there 
 
 any pretty woman that I did see, but my wife, who ^^'^ at theatre, 
 sat in my Lady Fox's pew, with her. 
 
 And two days later, he uses the same term for his seat 
 at church (o) : — 
 
 At church ; there was my Lord Brouncker and Mrs. 
 WUliams in our pew; the first time they were ever 
 there, or that I knew either of them would go to 
 church. 
 
 In the Mort d'Arthure, " reduced into Englysshe by Chantry called 
 Syr Thomas Malory, knight," printed by Caxton in 1485, 
 occurs the following mention of a pew (jo) : — 
 
 Syr Percyuale . . rode tyl euensonge tyme. And 
 theime he herd a clok smyte, and thene he was ware 
 of an hows closed wel -with, walles and depe dyches, 
 and there he knocked at the gate, and was lete in, 
 and he alyght and was ledde vnto a chamber and 
 soone he was vnarmed. And there he had ryght 
 good chere aUe that nyghte, and on the mome he 
 herd his masse, and in the monastery he fonde a 
 preest redy at the aulter. And on the ryght syde 
 he sawe a pewe closed with yron. 
 
 This passage has been quoted as a proof that there were 
 pews with doors at the date when the work was published 
 — in 1485. If the word pew be here understood in the 
 sense in which it is now understood, the door was of iron 
 — a very curious example, and absolutely unique. But, 
 
 (o) Pepys' Bianj, 17 Feb., Vol. IV. p. 105. 
 
 (p) Sir Thomas Malory's MoTt d'Arthwc, hook 14, cap. 3, Southey's 
 ■edition. Vol. II. p. 234. 
 
42 HISTORY. 
 
 Book I. it -will be observed, the house (and not the gate, as it 
 
 distinctly appears) was closed with waUs and deep ditches, 
 Chantry called J ifL j ^ ^ 1 
 
 a Pew. and the pew was closed with iron : closed, therefore, 
 
 evidently means enclosed. And with the various instances 
 in which the word pew was used merely to signify an 
 enclosure, there can be Httle doubt that the proper solution 
 of the passage is, that he saw on the right side of the 
 chancel a chantry chapel enclosed with an iron parclose, 
 or screen, or what the Preach caU a grille. 
 
 There can be httle doubt that it was some such enclo- 
 sure which is referred to in the " Supplication of the Poors 
 Commons" printed in 1546 (j): — 
 
 When youre Highnes gaue commaundement that thei 
 shoulde se that there was in euery parysh churche, 
 within thys your Highnes realme, one Byble at the 
 least set at hbertie, so that euery man myght frely 
 come to it, and read therin, such thynges as should 
 be for his consolation, manye of this wicked genera- 
 tion, as well preystes as other faythful adherentes, 
 wuld pluck it other into the quyre, other elles into 
 som pue, where pore men durst not presume to 
 come. 
 
 There being at this time no high, large, enclosed com- 
 partments, such as we now should call pews, at this date, and 
 there being no reason why poor men should refrain from 
 coming into one bench of a row more than into any other, 
 the meaning is evidently such an enclosure as a chapel. 
 Supposing, however, that there had been private pews, no 
 one at all except the owner would have been entitled to 
 
 {if) A Supplication of the Foore Commons, addi'essed to King Henry 
 VIII., in 1546. Reprinted by the Early English Text Society, extra series. 
 Vol. XIII. p. 67. 
 
CH. III.— EAELT USE OF WOED Pi^W. 43 
 
 admission ; rich as well as poor men would have possessed Book 1. 
 no right of access; it would not therefore have formed a 
 
 Chantry or 
 grievance on the side of the poor. Pew. 
 
 We also find some mention of a Shriviag-pew, no Shriving-Pew. 
 
 doubt used at confessions. Thus in 1515, a penny is 
 
 charged in the accounts of the Churchwardens of St. 
 
 Margaret Pattens, London, for dressying of the yrons of 
 
 the Shrevyng pew (?•); and at St. Michael, Comhill, 
 
 such a structure was taken down ia 1548 («): — 
 
 Itm payd to the Joyner for takynge downe the 
 Shryvyng pew & makyng another pew ia 
 the same place ...... iij' 
 
 What was the form or nature of this structure, or its 
 position in the church, we are unable to ascertain. It is 
 not at aU likely that it in any way resembled the sentry- 
 box arrangement now used for the purpose in France and 
 some parts of the continent, for that is known not to have 
 been adopted there until a considerably later date ; in fact, 
 not before the seventeenth century (j). A suggestion that 
 the yrons, in the first-mentioned example of a shriving-pew, 
 were a grille, does not appear to have sufficient foundation, 
 for there seems no object which would have been attained 
 by shutting up the priest and penitent in a cage, nor were 
 iron grilles much used in this country — in fact, there is no 
 corresponding word in the English language. Perhaps the 
 shriving-pew was a low square enclosure, generally similar 
 
 (r) Notes from St. Margaret Patten's Accounts, Tlie Sacristy for 1871, 
 p. 259. 
 
 (i) St. Micluiel, Comhill, Accounts,'^. 69, and Journal of the Arclite- 
 ological Association, Vol. XXIII. p. 325. 
 
 (i) Proceedings of the Society of Antiptaries of Lo?idon, 2nd scries, 
 Vol. IV. p. 415. 
 
44 HISTORY. 
 
 Book I. to the font pew whlcli is occasionally spoken of about the 
 same period. 
 
 Sliriying-Pew. 
 
 From the rare mention of a shriviag-pew, there can be 
 little doubt that it was a most unusual thing ; and as the 
 two examples we have met with are both dated in the 
 sixteenth century, it seems probable that they may have 
 been an innovation not very long antecedent to the period 
 of the Reformation, when their destruction might be safely 
 anticipated. 
 
 -c_*<r>CO'Tr^;>5«_»"' 
 
( 45 ) 
 
 CHAPTEE IV. 
 
 CLERGY SEATS : EARLY SEATS CONTINUED. 
 
 Book L 
 — ♦ — Ch. IV. 
 
 The most frequent mention of churcli seats relates dis- Early seats ; 
 
 for clsrETT* 
 
 tinctly to those for the clergy, and situated in the choir, 
 as ia the following examples ; and applying this evidence 
 to subsequent illustrations we may reasonably conclude 
 that ia many other cases, which might otherwise have been 
 doubtftd, the reference is to seats for the clergy: — 
 
 1403. John de Scarle (a), clericus (late Lord Chan- 
 cellor), by his win bequeaths : — 
 
 Ad stalla, sive deskes, faciendum ia canceUo ibi- 
 dem {i. e. ecclesise de Wolpit) . . . xl^ 
 
 1428. Sir Thomas Beauchamp (5), of Kiagston-upon- 
 HuU, chaplain, by his will directs his body : — 
 
 sepeliendum in choro capeUje Sti Trinitatis, viEse 
 prEedictse, extra sedile, sive scabellum, in quo sole- 
 bam residere. 
 
 1437. Thomas de Alta Eipa, clericus (c), by his will: — 
 
 Volo quod Hber meus vocatus Pupilla Oculi, cum 
 cathena ferrea fortiter affigatur, in stallo quo sedere 
 solebam, pro expedicione omnium capellanorum. 
 
 (a) Testamenta Eboracensia (Surtees Society), Vol. HI. p. 23. 
 (5) Ibid. Vol. IV. p. 415. 
 (c) Ibid. Vol. n. p. 61. 
 
46 
 
 HISTORY. 
 
 Ch°iv ^'^^^- ^'^ WiUiam Lasseles(rf), chaplain, by his wiU 
 
 directs : — 
 
 Early seats ; 
 
 for clergy. g^^^ ^ choro eccles. par. de Bolton Percy, ante stal- 
 
 lum rectoris. 
 
 1467. Hugh Smyth, Eector of Saundeby (e), by his will 
 leaves " imum Hbrum vocatum le Byblem" to his brother 
 William for life ; then to the church of Saundeby ; but on 
 no account to be sold : — 
 
 sed extat in choro, ad scahellum cathenatus, ac ibidem 
 sine fine permansurus, ad utUitatem ac profectum 
 in posterum legencium. 
 
 1474. Churchwardens' accounts of the parish of St. 
 Stephen, Walbrook (/), probably referring to the choir : — 
 
 Payd pur makyng clene of the pewys | cherch 
 yerd, the xxiij iour decbr. an° E. (4") xiiij . vi'' 
 
 1479. Peter ShilboteUQ?) by his will leaves :— 
 
 Pro faciendis sedihus sive stallis capellanorum 
 in choro eccl. B. M. de Scardeburgh . . x" 
 
 1492. William Poteman, Archdeacon of the East 
 Riding (K), by his will directs as follows : — 
 
 Volo quod de bonis meis fiat celatura honesta chori, 
 et etiam fiant nova deskes honesta, in eodem choro, 
 ciun decenti pavimento, &c. 
 
 Furniture and 1501. At the Visitation of the Diocese of Durham, the 
 repairs by 
 
 {d) Testamenta JHhoracensia, Vol. 11. p. 255. 
 
 (e) Ibid. Vol. II. p. 283. 
 
 (/) St. Stephen Walbrook Church wai-dens' Accounts (unpublished). 
 
 (g) Testamenta Eboraoensia, Vol. 11. p. 255. 
 
 (70 Ibid. Vol. IV. p. 80. 
 
CH. IV. — CLEEGTj A^TD OTHER EARLY SEATS. 47 
 
 New Monastery of Dxirliam (e), as Impropriator of Stan- 5°°?^' 
 
 nington Churcli, was monished to make new stalls, in the ~~ ; 
 ° Rectors and 
 
 place of those dilapidated, in the choir. The Rector of Vicars. 
 Eggescliffe (A) was ordered to amend the stalls in his 
 choir. 
 
 Rectors were bound by law to keep in repair the chan- 
 cel, for the performance of Divine Service, but there is no 
 reason for suggesting that they were bound to provide or 
 repair stalls in the nave and aisles for the ease and con- 
 venience of the parishioners. 
 
 The respective duties of Rectors and Vicars are laid 
 down explicitly, and in some detail, in the proceedings of 
 the Synod of York under Archbishop Gray, in 1252 (Z). 
 
 Ad Parochianos, de rebus ac omamentis Ecclesiarum Furniture and 
 reparandis pertinere noscuntur per subscripta, sole paridilonera 
 clarius omnibus elucescat; et ideo ordinamus et 
 statuimus, ut parochiani nostri omnes et singuli 
 esistant sic docti in singulis subsequentibus, ut 
 sciant et intelligant atque observent totaliter uni- 
 versi; viz., quod Calix . . . 
 
 Then follows a Hst of nearly fifty different articles, 
 including bells and lights, which they are to provide : — 
 
 Reparatio Navis JEcclesice et constitutio ejusdem, cum 
 campanili, interius et esterius . . . navis Ecclesise 
 et singulis aliis ad ipsos Parochianos pertinere 
 noscuntur. Ad Hectares vero vel Vicarios, juxta 
 varias ordinationes, omnia alia pertinebunt ; scilicet 
 Cancellus principalis, cum ejusdem reparatione, tam 
 
 (i) Injunctions and Ecclesiastical Proceedings under Bishop Barnes; 
 Surtees Society, Vol. XXn. p. 124 (Appendix XXI.). 
 (/e) Ibid. (Appendix XXX.). 
 Q) Spelmau's Concilia, p. 292; Wilkins' Concilia, Vol. I. p. 698. 
 
48 
 
 HISTORY. 
 
 Book I. 
 Ch. IV. 
 
 Fnrnitare and 
 repairs by 
 Parishioners. 
 
 parietibus quam tecturis et fenestris vitreis eidem 
 pertinentibus, cum Descis et scamnis, ac aliis oma- 
 mentis honestis, et noverint se Rectores vel Vicarios 
 a locorum ordinariis compelli posse, secundum banc 
 Constitutionem, ac alias in hac parte probatas. 
 
 He is followed in 1280, or 1281, by Archbishop Peck- 
 ham (jn), of Canterbury, to the same effect ; and by the 
 Constitutions of Merton, under Archbishop Winchelsey, 
 in 1300, or 1305 (n). Upon the latter Lyndwood's gloss (o) 
 runs thus : — 
 
 Interius soil, in dealbatione Parietum ; item in Sedi- 
 libus prseparandis (MS. Acton, reparandis), et ahis 
 hujusmodi, quje pertinent ad decorem Ecclesise. 
 
 But he gives no authority; his work was published in 1679. 
 1507. Gilbert Hall, citizen of York (j»), by his will di- 
 rects: — 
 
 To be beryt in my paresh kyrk of Sancte Mechall's 
 at Owyse brige end, in the qwere, afore y' parysh 
 Clerk stawr/ll. 
 
 Early notices 
 of seats. 
 
 We will continue from this point the history of Church 
 Seats, whether under the name of pews or otherwise. 
 
 1440. In the transcript, made by Robert Thornton 
 about this year, of the Prose works of Richard RoHe de 
 Hampole (5'), who died in 1349, occurs tMs passage : — 
 
 Post accepcionem igitur habitus heremite et relic- 
 
 (m) "Wilkins, Vol. II. p. 49; Spelman, p. 343. 
 In) "Wilkins, Vol. II. p. 280; Spelman, p. 433. 
 (0) Lyndwood's Provinciale, p. 253. 
 (_j>) Testamenta Bhoracensia, Vol. IV. p. 268. 
 
 {ff) Works of Richard RoUe of Hamiiolc, Early English Text Society, 
 preface, p. xviii. 
 
CH. IV. — CLERGY, AND OTHER EARLY SEATS. 49 
 
 tionem parentum perrexit, at quandam ecclesiam p°°?-J' 
 
 in vigili^ assumptionis beatlssimse virgiBis matris 
 
 Dei, ia qu^ se posuit ad orandum in loco ubi consors o/^ats°'''^°^ 
 cuiusdam probi armigeri Jobannis de Dalton, more 
 consueuit orare. Postquam autem Ola ad audiendas 
 vesperas intrauit in ecclesiam, famiHare de dome 
 armigeri ipsum de loco sue domine amovere uole- 
 bant, sed Ula ex bumiHtate, ne interrumperetur 
 orantis deuocio, non permisit. 
 
 Tbis would indicate a babit of occupying a particular 
 spot for tbe purpose of prayer, but not necessarily any 
 special accommodation for tbe purpose. 
 
 1447. St. Peter Cbepe, London, parisb accounts (r): — 
 For mendyng of a. pew next tbe cbircbe dor. 
 
 Tbis was probably tbe pew or enclosure by tbe font ; for 
 unless tbe cburcb was pewed tbrougbout, the position near 
 tbe door would be tbe most unlikely place for an ordinary 
 pew, tbougb tbe usual and appointed place for tbe font. 
 
 1454. Tbe Black Book of Swaffham («), Norfolk, con- General seat^ 
 
 . ing of churcli. 
 
 tarns tbe foUowiag, in tbe commemoration of benefactors: — 
 
 Ye shall pray for tbe sowlys ... of Thomas 
 Styward and Cecily bis wyf which geve i sautyr 
 to the queer; and did seat-stole the north syde of 
 tbe old chircb to tbe cross alley between tbe old 
 dooris ; and did pathe the middle chircb from tbe 
 quere door to the seyd alley ; and did glase ij wyn- 
 dows in the quer, and oder ij in tbe old chircb on 
 tbe south syde ; and give j invitatory book, and in 
 money xl s, and other costs. 
 
 (»•) Arclicsological Association Journal, Vol. XXIV. p. 255. 
 
 (s) Blomefield's Norfolk, fol. ed. 1769, Vol. III. p. 511. Their kneel- 
 ing effigies were then remaining in stained glass in the north clerestory 
 (p. 603). 
 
 H. VOL. I. E 
 
50 HISTOEY. 
 
 Book I. And of Maister John Bery, sumtyme here parson, 
 
 '-- ', — which . . . did make the steZZzs in the queer, 
 
 of Pews. and celid the chancell, with oder costes besides. 
 
 1457. The ordinances of the Book of the Church of 
 St. Mary Woolchurch Haw, London, are said to contain 
 (but of this there is room for doubt) a direction that the 
 churchwardens {t) — 
 
 shall set bothe ryche and pore in the sayd chyrche 
 in her pews y* longythe. 
 
 In parish 1457 to 1474. The churchwardens' accounts of the 
 
 _A.ccounts 
 
 parish of St. Michael, Comhill, London, contain numerous 
 entries referring to pews : being nearly of one date, they 
 are here given consecutively for convenience of reference: — 
 
 1457. Item payd for an henge for Eusses 
 
 wyfe's pewe (w) .... iiij*^ 
 
 1459. Itm for amendyng of the gamettes of 
 
 ij pewes and for naylt to the same j** ob. 
 Itin for amendynge ij menes pewes 
 and j womans pew, w' j"* for nail! 
 and candeli (x) .... vij** 
 
 1460. Itin paid to a carpenf workyng by 
 
 half a day in emendynge of a pew iiij* 
 
 Itm for gamettes iiij'^ and nayles j"* 
 
 spendid ia the same pew . . v"* 
 
 Itiii to a carpent. by a day floryng a 
 
 pew and other necessaries (y) . viij"* 
 
 (t) Quoted in History of Pues, p. 100. The book cannot be found, 
 and the authenticity of the extract we will consider subsequently. 
 
 (w) Comhill Clmrohwardens' Accounts, p. 11. Most of the following 
 extracts were prcTiously published in the Areliceological Association 
 Journal, Vol. XXIII. pp. 324 and 325. 
 
 (a) CornhiU Clvurchtvardeiu' Accounts, pp. 16 and IG. 
 
 (2/) Ibid. p. 19. 
 
CH. IV. — CLEEGY, AND OTHEE EAELY SEATS. 51 
 
 1464. Paymentes — ^^st payde to Henry Book I. 
 
 Chad carpenter, for makyng of '- — '- — 
 
 pewes ..... xxiiii" ^ parish 
 
 A-Ccoimts 
 
 Item for iiij Estericli hordes . . xxiij'' 
 Itm payde for cariage of the said 
 
 pewes to and fro .... iiij'' 
 
 Item payde for scouchons of the saide 
 
 pewes {z) iiij"* 
 
 1466. Itm payde to a carpenter for mend- 
 
 yng of the pewes and dores (a) . v' vj'' 
 
 1467. Itm payed for wode and cole and for 
 
 amendyng of the lede ove my lady 
 Stokkers pew . . . . j"* ob. 
 Itm payed to a smyth for makyng of 
 
 a lok to Maister Stokkers pew (5) viij'' 
 
 1468. Itin for makyng of ij new pewes ia 
 
 the chirche .... viij' 
 
 Itiii for amendyng of the old pewes in 
 
 the chirche (c) .... x* 
 
 1469. Itm payed for iij rat trappes for the 
 
 chirche yj'' 
 
 Itiii paid to the Raker for caryng 
 
 awey of the chirche dust when the 
 
 pewes were made clene {d) . . viij'' 
 
 1473. Itm for makyng of Mayster Stokker's 
 
 pew . . . . . . x' ij"* 
 
 Itm for werkmanship and nayle for 
 
 ij women pewes (e) . 
 
 ij' vj^ 
 
 1474. Itm payde for havyng a wey of the 
 
 
 cherche dust wan the pui/s wer 
 
 
 mad clene ..... 
 
 iiij-f 
 
 (z) CornUn Cliurchmardens' Accounts, p. 26. 
 
 
 (a) Ibid. p. 31. (c) Ibid. p. 37. 
 
 
 (*) Ibid. p. 35. ((Z) Ibid. p. 40. 
 
 
 (e) Ibid. pp. 49 and 50. 
 
 
 e2 
 
 
52 
 
 HISTORY. 
 
 Book I. 
 Ch. IV. 
 
 Stools, or 
 stalls, move- 
 able. 
 
 Item payde for translatyng of the 
 MeyreSjOMe .... 
 
 Item payde for makyng of tlie fuys 
 in oure Lady Chappell (y) . 
 
 xiij= 
 
 1462. Tlie Black Book of Swaffham continues: — 
 
 Also for the soule of John Chapman and Catharyne 
 his wyf, the which . . . did make the North 
 Ysle with glasing, stolyng, and pathing of the same 
 with marbyl {^g). 
 
 And of John Langman and Agnes his wyflFe, 
 which did make all the great stolys of both sydes 
 of the myd aley ill). 
 
 1463. The wOl of John Baret of Bury directs {i): — 
 
 My body to be beryed by the awter of Seynt Martyn, 
 namyd also our Ladyes awter, in Seynt Marye 
 Chirche at Bury, under the pcloos of the retourne 
 of the candilbeem, before the ymage of oure 
 Savyour, and no stoon to be steryd of my grave, 
 but a pet to be maad under the ground sille ther 
 my lady Schardelowe was wont to sitte — the 
 stoolys removyd, and the body put in as neer 
 undyr my grave as may be wythoute hurt of the 
 seid grave. . . (_;') My stool at the grave's ende 
 with the deske and pcloos by, to be awoydid, and 
 the ground maad as lowe as the chirche floor 
 streyght by the grave to the awter. 
 
 This was evidently in a chapel, both as being in proximity 
 to an altar other than the high altar, and from the reference 
 
 (/) Cornliill Churchwardens' Accounts, pp. 54 and 56. 
 (^) Blomefiekl's Norfolh, Vol. III. p. 511. 
 (70 Ibid. p. 512. 
 
 (i) Bury Wills and, Inventories (Camden Society, Vol. XLIX.), 
 p. 15. 
 
 O'; Ibid. p. 39. 
 
CH. IV.— CLERGY, AND OTHER EARLY SEATS. 53 
 
 to the parclose at tlie return of the Rood-loft, being the Book I. 
 
 screen between the chancel and that chapel; the " grave " 
 
 being a monument which he had had prepared in his 
 
 lifetime. 
 
 1474. William Philpot, of Godmersham, Kent, by his Seats, called 
 
 Pewes. 
 will bequeathes as follows (A) : — 
 
 Volo q, fabricanf de novo scabeUa vo8 le Pewes in 
 ead^ eccHa? de Elmysted sumptib3 meis, vidj iUud 
 spaciu a loco ubi scs Xpoforus pingif, usq, ad 
 Angulu muri lapidei ex pte boriali eiusde ecclie. 
 
 1479. Roger Rokewoode, of Euston, Esquier, by his 
 will (Z) directs : — 
 
 my body to be beryed in the pariche cherche of 
 Euston, befor the chaunseU dore, by syde the pue. 
 
 The pue, as though there were but one. 
 
 1483. John Bokyng (m), master of the grammar school, 
 by his will desires to be buried in the south chancel of 
 Rotherham church, near the stall in which the wife of 
 Richard LyUe, Bailiff of Rotherham, and Margaret, his 
 (testator's) wife, sit. 
 
 1485, Among the parish accounts of St. Mary-at-HiU, Mending Pews. 
 London (w), occur these items of payments: — 
 
 Certeyne pavynge, and mendynge of peues 
 
 in Churche 7= 9"* 
 
 A Carpenter iiij dayes to amende the pewes 
 where the old font stode, takyng vj"* and 
 his men, a day . . . . . 2* S'' 
 
 (Ji) Consistory Court of Canteriury, Vol. 11. (formerly fol. 327, now) 
 fol. 318. Some of these seats exist. 
 
 (?) Bury Wills and Inventories (Camden Society, Vol. XLIX.), p. 50, 
 {m) Testamenta Ehoracensia (Surtees Society), Vol. IV. p. 141, n. 
 ()i) Nichols' Illustrations, pp. 96 and 98. 
 
54 
 
 HISTORY. 
 
 Book I. 
 Ch. IV. 
 
 Amending. 
 
 Chairs and 
 seats. 
 
 It will be noted that the latter entry refers to a pew at 
 the font, and when for some reason the font was placed 
 elsewhere, alterations were consequently necessary. 
 
 1491. Dec. 9th (7 Henry VII.). A contract was en- 
 tered into for the construction of seats and pulpit for the 
 church of Bodmin, Cornwall, then recently rebuilt (o) : — 
 
 Matthy More, Carpynter, shall make or do to be 
 made, yn the parysh churge of Seynt Petrok yn 
 Bodmyn, fully newe chayrs and seges, and iiij 
 Eenges, thurgh oute aU the body of the sayde 
 Churge, after the furme and makyng of the chayres 
 and seges yn seynt mary churge of Plympton, that 
 ys to say, the 2 mydde Eenges 12 fete and halfe 
 yn lenght, and the 2 syde Renges 7 fete yn lenght ; 
 and a convenyent pulpyte yn the saide Prysh 
 Churge of Bodmyn, after the furme and makyng of 
 the pulpyte yn the parysh Churge of Mourton yn 
 hemstede ; that is to say, wt. suffycient Tymber, 
 wenscote, and workmanshyp accordyng to the 
 chayrs and seges yn the sayde parysh Churge of 
 Plympton, and the sayde pulpyte accordyng to the 
 sayde pulpyte yn the sayde parysh Churge of 
 Mourton, or better, * * thyssyde the fest of 
 myghelmasse that shalbe m° cccc II xv (1495) : (his 
 fellow contractors supplying the timber, wenscote 
 and materials at "Wadebridge, from Wales), * * 
 the whole for the sum of £92 {p). 
 
 There are some remains of the pulpit and seats still in 
 the church (y). 
 
 (o) Roofed-in in 1472. Davies Gilbert's History of Cornivall, Vol. I. 
 p. 100. 
 
 (j>) T/ie Bodmin UegistiT, cd. by T!eT. Johu Wiillis, vicnr, p. 33. 
 (j) Ibid. p. 48. 
 
CH. IV. — CLEEGY, AND OTHER EARLY SEATS. 55 
 
 The History of Pues (r) comments on the magnitude Book I. 
 of the sum of £92, thus expended, as contrasted with the 
 
 «,.,., , _ . , . - Chairs and 
 
 cost of rebuildmg the church, which it states amounted to seats. 
 
 £194. But that such was the entire cost of the rebuilding 
 
 by no means appears from the register: it states that 
 
 £194 : 3s. G\d. was paid for the building in the 9th, 10th 
 
 and 11th years of Edward IV., but there is nothing to 
 
 lead to the opinion that such sum was the total cost of the 
 
 church, which is large and handsome. 
 
 1493. AU Hallows Staining, London (s) : — 
 
 P"* the xxix day of decembre, to A Carpen? Parish Ac- 
 
 for mendyng oipuys, and cofyng of the font viii^ counts. 
 
 1494 (i): — 
 
 P** to the Raker for cariyng awey the Dust of 
 
 makyng clene the pues in the Chirch . . ix"* 
 
 (There must have been a considerable accumulation of 
 dust to have cost so much for carrying it away ; but per- 
 haps the cleaning was really included, as there is no other 
 charge entered.) 
 
 1496. Robert Restwolde, by his will(M), leaves to mak- Seats and 
 ing the steeple and mending the seats in the church of 
 Hedsore, x marks. 
 
 1520. St. Andrew Undershafb, London. Stowe says (x) 
 that the whole of the north side of the great middle aisle, 
 
 ()•) History of Pues, p. 8. 
 
 (s) All Hallows Staining Parish Accounts. We are indebted to Thomas 
 MUbonm, Esq., for Extracts from the Accounts of this Parish and St. Mary 
 Colechurch and St. Stephen Walbrook. 
 
 (*) Ibid. 
 
 (m) Testamenta Vetusta, p. 430 (proved 4th January, 1497; it does not 
 state where). 
 
 (x) Stowe's Swvp.y of London, £ol. ed, 1720, Book II. p. 66. 
 
56 
 
 HISTORY. 
 
 Book I. 
 Ch. IV. 
 
 Seats and 
 stools. 
 
 both of body and choir, and also the north aisle, was re- 
 built by Stephen Jennings, Mayor, " and the pews in the 
 South Chapel, made of his costs as appeareth in every 
 window, and upon the said pews." He died in 1524. 
 
 From the beginning of the sixteenth century the men- 
 tion of pews and stollys becomes frequent, and they would 
 appear, in most cases, to be iu the body of the church. 
 The following extracts will suffice to show a presumption 
 that they had been erected in many places long before 
 the Reformation; otherwise the necessity for repairs of 
 such substantial wood-work would not have arisen at this 
 date. 
 
 1506. Leverton parish accounts (y) : — 
 
 For nayUys to mendyng of y° stollys in 
 the kyrke, & for mendyng of the toder 
 kyrke porche ..... iij** 
 
 1508. Eobert Grardiuer, Alderman, by his will(2:) : — 
 
 I wOl that aU the new stoolynge in the church & 
 Isles of St. Andrew in Norwich, be made at my 
 Cost. 
 
 1509, 1511, and subsequently, are receipts in the accounts 
 of St. Margaret's Chm?ch, "Westminster, for rent (a), to 
 which we shaU presently advert. 
 
 1546. AH Hallows Staining, London (J): — 
 
 For mendeng the puese | stoflF, % for 
 
 mendeng the pennakel ovar sent luke . ij' viii'' 
 
 (?/) Extracts by Mr. Peacock, AroluBologia, Vol. XLI. p. 364. 
 («) Blomefield'e History of NorfoUt, orig. fol. ed., Vol. II. p. 703. 
 
 (a) Accounts of Parish of St. Margaret, Westminster, Nichols' Illxis- 
 tratwns, pp. 4 et seq. 
 
 (b) All Hallows Staining Parish Accounts (unpublished). 
 
CH. IV. — CLERGY, AND OTHER EARLY SEATS. 57 
 
 1546-52. Bletchinsrly, Surrey, accounts (c): — Book I. 
 
 Cji. IV. 
 Payd to Robert Eyton for mendyng of Pai-ish Ac- 
 
 the seattes xv"" =-^°'^- 
 
 Payd for nayles to repayre the seattes in 
 
 the Churche, and the Scaffoldys . . iiij' iiij'' 
 
 Item payd to Christofer Kyllycher for j 
 
 dayes labor v"* 
 
 Item payd for certain poUys that was occu- 
 
 pyed about the scaffold (the gallery) . v'* 
 
 Item payd to Robert Eton for mendiage 
 
 of seattes in the churche ... x"* 
 
 (The next year he was paid xv"* more for similar 
 work {d).) 
 
 Item to the Sextone for wasshinge seates . iiij^ 
 
 Item for fower sceatts and dooble deskhes 
 for the syngyng men to syt in, and to 
 laie y"' boockes xx° 
 
 c. 1548. All Hallows Staining, London (e) : — 
 
 paide for making of certeyne pewes in the 
 
 Chm-ch, and for workemanship and stuf. xxvj' 
 
 1551 "Wimbledon, Surrey, parish accounts (/) : — 
 
 Paymentes — Payd to the carpenter for 
 removeng of the pulpett and mending 
 pewes ...... v^ viij* 
 
 (c) Loseley MSS.; Surrey Archasological Society Collections, Vol. IV. 
 pp. 102—104. Also, in part, in Kempe's Logeley MSS., p. 163. 
 
 (d) Ibid. p. 163. 
 
 (e) Inventories of Church <roo&— Record Ofiice. 
 
 (/) Loseley MSS.; Surrey Arch. Soc. Collections, Vol. IV. p. 135. 
 
58 
 
 HISTORY. 
 
 Book I. 
 Ch. IV. 
 
 Repairs ia 
 
 sixteenth 
 
 century. 
 
 1551. Rotherithe parish accounts (ff): — 
 
 To the Carpynter. 
 To Harry Dytlyng of Sowthewarke, car- 
 pynter, for makyng of new ■pewys & 
 mendyng of thold, for xxvi dayes at 
 xij'' by the daye xxvj' ; & for his man 
 for lyke dayes at viij"* by the daye, 
 xvij' iiij"* ; & to his man for iij dayes, 
 for mendynge of a gutter at lyke wages 
 by the daye ij . . . . . xlv' iiij** 
 
 1552. St. Botolph, Aldgate (li) :— 
 
 Payde for mendinge of the pewyes^ . xij'' 
 
 BarHngj Essex, Church Inventories and Accounts (i): — 
 
 Layde out by John Finche and Richard 
 Rulle for mendynge of the stools in the 
 chirche ...... xl^ 
 
 Pagelsham, Essex (_/) : — 
 
 To a carpenter for mendyng of the seatts 
 
 yn the church ..... 
 
 Itm for nayles ..... 
 
 Shopland, Essex (A) : — 
 
 Lay'd out for tymbre, borde, & nayles, 
 for the makynge of new stoles, or seats, 
 ia the church ..... xvi' iiij"* 
 
 Item for workmanshyppe of the forsayd 
 
 stoles or seates ..... xvi^ viij'' 
 
 viij'i 
 
 (,g) Loseley MSS. ; Surrey Arch. Soc. Collections, Vol. IV. p. 123. 
 (7i) St. Botolph, Aldgate, Churchwardens' Accounts, 
 (t) Church Inventories and, Accounts, edited by H. W. King, Esq., in 
 Essex Archaological Society's Transncfinm, Vol. IV, p. 216. 
 U) Ibid. Vol. IV. p. 233. 
 (J) Ibid. Vol. V. p. 123. 
 
CH. IV.— CLEEGTj AND OTHER EARLY SEATS. 59 
 
 In fact, the churcli inventories of tins period contain Book I. 
 
 Ch. IV. 
 
 innumerable entries of expenditure for mending pews and 
 
 ... , ,-. Repairs in 
 
 maldng new ones. Tlie Royal Injunctions m 1547 {I), sixteenth 
 
 wMcli direct the conversion to the use of the poor of all 
 
 rents of lands, and the profit of cattle, and money given 
 
 or bequeathed to the finding of torches, lights, tapers and 
 
 lamps, permit of bestowing part of the profits upon the 
 
 reparation of the church, if great need require, which, if 
 
 the actual application of the money is any test, seems to 
 
 have been very generally the case : however large a sum the 
 
 sales reahzed, there was seldom much balance to hand over. 
 
 It would appear, however, very probable that the churches Partial fitting, 
 
 .„ . , , _ T . . , . up to sixteenth 
 
 were stm fi-equently only fitted m part with pews, and centmy. 
 that, especially in country places, even so much was not 
 uuiversal tiU long afterwards. Had they been so fitted, 
 we should expect to find the soHdly constructed seats much 
 more generally remaining at the present day ; and many 
 incidental circumstances point to the same conclusion. 
 Thus, pews or seats are not mentioned in Cranmer's 
 Visitation Articles, in the second year of King Edward 
 YI.(m); nor in those of Ridley, in 1550 («), where he 
 inquires — 
 
 Whether your church be kept in due & lawful 
 reparation, & whether there be a comly pulpit set 
 up in the same ; & likewise a cofier for almes for 
 the poor, called the poor man's box or chest. 
 
 Nor in those of Queen Elizabeth, in 1559 (o) : — 
 
 Whether churches, pulpits, & other necessaries ap- 
 
 (Z) Injunctions J>y King Edmard VI., 1547 ; Sparrow's Collection, p. 10_ 
 (to) Sparrow's Collection, p. 31. 
 («) Ibid. p. 35. 
 (o) Ibid. p. 238. 
 
Kepairs. 
 
 60 HISTORY. 
 
 Book I. pertaining to the same, be sufficiently repaired ; 
 
 & if they be not, in whose default the same is. 
 
 I-Iad pews been general, they could scarcely have been 
 omitted to be specified. 
 Walking about Bishop Bentham, in his Coventry and Lichfield Visi- 
 
 during service . . . - . 
 
 forbidden. tation Articles, m 1565 (p), directs — 
 
 That you daily call upon the people to come to the 
 church upon the Sabbath days ia due time, & 
 there to occupy themselves ia devout prayers in 
 the time of Divine Service; & not to walk up 
 & down in the church, nor to jangle, babble, nor 
 talk in service time ; but to give diligent attendance 
 unto the priest when he readeth Lessons, Homilies, 
 the Epistles or Gospel, or anything else which 
 tendeth unto edifying. 
 
 Partial fitting, This would seem to indicate that the churches were 
 century. on[y very partially fitted with seats, or there would not 
 
 have been much space left for walking up and down. 
 In 1583 the churchwardens of Fiefeild presented to the 
 
 Archdeacon at his visitation (y) (the number of seats being 
 
 evidently hmited) : — 
 
 That the yought of the parishe dothe take upp the 
 stoales, where the parishoners shuld sit, & they 
 lacke roome. 
 
 Edinburgh riot From the account of the riot which took place, 72 years 
 later, at St. Giles, Edinburgh, on the attempt to re-intro- 
 duce the Church fonn of prayer, and the surplice, it 
 appears clearly that it was then usual for women, at least. 
 
 (^) State Papers in Record Office, extracted in Tlie Clmrch Review, 
 8th August, 1868. 
 (j) Archd. Hale's Proceedings in Diocese of London, p. 177. 
 
CH. IV. — CLERGY, AND OTHER EARLY SEATS. 61 
 
 to take moveable seats to cliurcli for their own accom- Book I. 
 -■ • / ^ Ch. IV. 
 
 modation ( r). 
 
 Moveable 
 On Sunday tlie 23 of July (1637) was tlie day seats— Edin- 
 
 appointed for tlie first reading of the New Liturgy "^ "° ' 
 in all the Churches of the Kingdom (Scotland); 
 and how it sped at Edenborough (which was to be 
 exemplary to aU the rest) shall be told by another, 
 who hath done it to my hand already. 
 July 23j being Sunday, the Dean of Edenborough 
 began to read the book in St. Giles his church (the 
 Chief of that City), but he had no sooner entred on 
 it than the inferiour multitude began in a tumul- 
 tuous manner to fill the Church with uprore, where- 
 upon the Bishop of Edenborough stept into the 
 Pulpit, and hoping to appease them by minding 
 them of the sanctity of the place, they were the 
 more enraged, throwing at him Cudgels, Stools, 
 and what was ia the way of Fmy, unto the very 
 endangering of his life. 
 
 The same statement is given by other authorities. It 
 was one " Janet Geddes, who, like the wretch that burnt 
 the temple of Ephesus, would never have had her name 
 mentioned, but for some villainous exploit of this kind, 
 struck up the prologue to the subsequent tragedy by 
 heaving her folding stool at the Bishop " {s). There are 
 several stools preserved, which each claim to be Janet 
 Geddes' stool, so applied : one in the Antiquarian Museum 
 at Edinburgh is a kind of camp-stool. 
 
 And even in 1640, in an account of a thunderstorm 
 which happened on Whitsunday in that year, it is stated (i) 
 
 (r) Heylin's Cyprianus Anglicus, fol. 1668 (Part II.), p. 348. 
 (s) Skinner's Ecclesiastical History of Scotland, Vol. II. p. 307. 
 (t) Scarce tract called The Voice of tlie Lord in tlie Temple, quoted in 
 the Siscory of Pues, p. 10. 
 
62 
 
 HISTORY. 
 
 Book I. 
 Ch. IV. 
 
 Moveable 
 seats. 
 
 that two women sitting in the chancel of St. Anthony's 
 Church, near Plymouth, in one pew, were overturned : of 
 course this could not have happened if the pew had at all 
 resembled the fixed structures to which we now apply the 
 name. 
 
 In 1641, Ephraim Udall, Rector of St. Austin's, 
 London, refers (m) to the arrangement, — 
 
 As it is now practised in many Churches, where the 
 Pewes in the Church are so ordered that any of 
 them, & aU of them successively, are taken up, & 
 the ground used " (for burials). 
 
 In one compartment of the frontispiece to the edition 
 published in 1596 of Fox's Acts and Monuments, is a 
 representation of the interior of a church in which a 
 Puritan minister is preaching, and the congregation are 
 sitting on what look like low boxes, and grouped around 
 the pulpit. The edition of 1631 has to both volumes the 
 same frontispiece as the edition of 1596 : it also contains 
 a view of the church of St. George, Ipswich, similarly 
 arranged (x). 
 
 (u) Communion Comelinesse, by Rev. Ephriam TJdall, p. 2. 
 (») Fox's Acts and Monuments, fol. ed. of 1596 : and ed. 1631, in two 
 fol. Tols., frontispieces and p. 292. 
 
( 63 ) 
 
 CHAPTER V. 
 
 OCCUPATION OF SEATS. 
 
 — »_ Book I. 
 
 Ch. V. 
 
 We now come to the more important question as to the Occupation. 
 
 occupation of these seats, the gradual introduction of 
 
 which we hare partially traced. 
 
 From a very early period the Church, bearing in mind the Emperor 
 
 • 1 1 • J 1 /- \ Theodosins 
 
 apostohc precept to give honour to kmgs and rulers {a), not permitted 
 
 accorded them places of distinction. In the fourth 
 
 century St. Ambrose rebuked the Emperor Theodosius 
 
 for taking his seat within the rails of the sanctuary, 
 
 though it had been customary for Emperors to do so : 
 
 after which Theodosius, and his successors, always took 
 
 their place without the rails. The Emperor's place was 
 
 then the upper seat next to the chancel, and the Empress 
 
 had her seat at the upper end of the women's part (6). 
 
 This is the great Precedent, or " Leading Case." 
 
 The Emperor, as it appears from the same authority, 
 entered the chancel to make his offering, and then 
 returned to his place. 
 
 This prohibition of laity remaining within the chancel is Nor laity. 
 
 (a) First Bpistle of St. Peter, cap. ii. ty. 13 — 17. 
 
 (J) Bingham's Cliristian Antiduities, explaining tlie Solea; 8vo. ed., 
 1840, Vol. II. p. 419. Theodosius was conTcrted A.D. 380, and died in 
 395. 
 
64 
 
 HISTORY. 
 
 Book I. 
 Ch. V. 
 
 Laity not 
 permitted in 
 chancel. 
 
 But customary 
 for nobles in 
 seventeenth 
 century. 
 
 further shown by the Trullan Councilj A.D. 683 or 692 
 (now received only by the Eastern Chtirch) (c) : — 
 
 69. Null! omnium Kceat, qui quidem sit in laicorum 
 numerOj intra septa sacri altaris ingredi, nequaquam 
 tamen ab eo prohibita potestate & auctoritate 
 imperiahj quandoquidem voluerit Creator! dona 
 oiFerre, ex antiquissima traditione. 
 
 Upon this is the Gloss {d) i — 
 
 Nulli liceat laico intra sacram altare, &c. Adulatione 
 et timore victi, per gravem errorem concedunt 
 imperatorij quod magna cum laude sanctorum 
 patrum Ambrosius Theodosio negavit. 
 
 In some rather more modern churches there was also a 
 place called the Senatorium, but it is not clear whether 
 this was occupied by the magistrates or senators, or by 
 the Bishop and Presbyters who were the senate of the 
 church (e). 
 
 Frances {de Cathedralihus), quoting various authorities, 
 says {/), that it is not permissible for laymen to sit or 
 stand in the choir when the Divine Office is being cele- 
 brated, except for the purpose of making their oflFering, or 
 receiving the most Holy Eucharist ; and so the Ceremoniale, 
 re-edited by Pope Clement VIII., says that seats for 
 nobles and illustrious laymen, magistrates, and chiefs, to 
 whose dignity and position seats are fitting, should be 
 
 (c) Canoncs Tndlani, sive quinisectcd synodi, sen Conciliahulwm Con- 
 stantinopoUtani, Sacrornm Conoilia; ed. Coleti, fol. Florence, 1765, 
 Vol. II. p. 974: also, Coneil. Collectio regia maxima; Paris, fol. 1644, 
 Vol. XVI. p. 647. 
 
 {d) Coneil. Collectio regia maxima, Vol. XII. p. 50, note t. 
 
 (u) Bingham, ut svjjra. 
 
 (/) Frances, De Cathedralibus, cap. v. ss. 42 — 6 (p. 78). 
 
CH. A^— OCCUPATION OF SEATS. 65 
 
 placed outside the choir and presbytery, according to Book I. 
 ancient canons, as was observed from an early period of 
 
 the Chi-istian religion, nobfes may be 
 
 Thus, though laymen had no right to seats, it was per- P^'^'"'"^'^' 
 mitted ex gratia ( y). But this rule was so little observed 
 at the date of the work (1665), that Principes, Laid, et 
 eorum Legati, stent mixti cumClericis in Cappella S.D. N. 
 Papa. And such practice prevailed in other churches, as 
 in the case of the Governor of Milan, the Duke of Genoa, 
 and the Chief of the State of Lucca. And it is to be 
 noted (showing that the practice was acknowledged and 
 regulated), that the seat of the Bishop is placed ad cornu 
 Evangelii, and those of the magistrates in cornu Epis- 
 tolcB ; but the former is raised two steps higher than are 
 the latter, according to the statement of Cardinal BeUar- 
 mine, in 1619. 
 
 Notwithstanding, says Frances (Ji), arises the question. 
 An auiem Iicec prohibitio sedendi in sacro Preshyterio 
 extendatur ad Imperatores, Reges vel alios Principes 
 superiorum, non agnoscentes ? dubium est inter Doctores. 
 In support of the proposition it is urged that the Em- 
 perorship is equal to the dignity of a subdeacon ; but the 
 contrary is considered by our author as the truer opinion. 
 
 The practice, however, of according prominent places Permitted in 
 in the chancel or choir to princes and persons of high dis- 
 tinction was followed in Great Britain, and records are 
 not wanting to prove that it was done under high authority. 
 By an Episcopal Order in Scotland in 1225 {i), the King 
 
 (jf) Frances, De CathedraUMs, ss. 60—7 (p. 79). 
 (A) Ibid. ss. 68 et seq. (p. 79). 
 
 (i) Concilhim Provinciale Scoticanum; AVilkins' Concilia,Yo\.l.^. 
 618. 
 
 H. VOL. I. F 
 
66 
 
 HISTORY. 
 
 Book I. 
 Ch. V. 
 
 Only noble 
 laity per- 
 mitted. 
 
 Also the 
 Patron. 
 
 and great persons were admitted, though all others were 
 excluded. 
 
 80. Ne laid secus altare, quum sacra mysteria cele- 
 brantur, stare vel sedere, later clericos presumant, 
 excepto domino rege & majoribus regni, quibus 
 propter suam excellentiam iu hac parte duximus 
 referendum. 
 
 In 1240, the Diocese of Worcester, under Bishop 
 Cantilupe (ft), agreed to this canon : — 
 
 Nee laici stent iu CanceUis, dum celebrantur divina ; 
 salva tamen reverentia patronorum & sublimium 
 personarum. 
 
 And a similar canon was passed in the Diocese of 
 Durham, under Walter de Kirkham, in 1255 (l) : — 
 
 Provideant autem Rectores, Vicarii, & Sacerdotes, 
 ne passim laici sedeant & stent ia Cancello, dum 
 divina officia celebrantur, nisi forsan Patroni aut 
 alia venerabilis persona, ad hoc, ob reverentiam, 
 admittatur. 
 
 And so in the Constitutions of Robert, Bishop of 
 Lincoln (wi) : — 
 
 Ad hsec adjicimus ne Laici stent vel sedeant inter 
 Clericos in Cancello dum divina ibidem celebrantur, 
 nisi forte ob reverentiam vel aHam rationabUem 
 causam & manifestam. Hoc solum Patronus per- 
 mittitur. 
 
 (i) Spelman, p. 241 j Wilkina, Vol. I. p. 666. 
 
 (0 Spelman, p. 299 ; Wilkins, Vol. II. p. 707. 
 
 (m.) Kennet, Parochial Antiquities of Ambrosdem ; glossary, s. v. 
 Patronus. It ia evidently Kobert Grostete, who -was Bishop of Lincoln 
 from 1235 to 1254. 
 
CH. V. — OCCUPATION OF SEATS. 67 
 
 ' And at the Synod of Exeter, in 1287, under Bishop Book I. 
 Peter QuivH (w) : — 
 
 , _ Nobles and the 
 
 Statuimus quod nullus de castero, quasi proprium Patron per- 
 sedile in ecclesi^ valeat vendicare, nobilibus per- 
 sonisj et ecclesiarum patronis duntaxat exceptis. 
 
 And the folio-wing -will suffice for later examples of the 
 practice ■which prevailed in England : — 
 
 1374. From the wiU of Alan de AJnewyk, of York, Some others 
 Goldsmith (o) :— *°'"''"='^- 
 
 Do . . . corpus meum ad sepeliendum in choro 
 ecclesise Sancti Michaelis de Bereftido, juxta locum 
 ubi sedere solebam in eodera choro ; vel infra eccle- 
 siam Hospitalem Sancti Leonardi Ebor', secundum 
 dispositionem executorum meorum infrascriptorum. 
 
 1454. In the will of Robert Constable, of BossaU, 
 Esquire {p): — 
 
 First I devyse my saule to God AJmyghty, and his 
 modir Blyssid Sant Marie, & to Sant Botulphe, 
 & to the holy courte of hevyn ; & my body to be 
 bered in j° quere afore y" place where my seth is, 
 open y* north party of my parish kirk of BossaU, 
 afore y' hy alter. 
 
 Although the wording is not very clear, it appears to 
 relate to a seat in the quire. 
 
 1456. Sir Alexander Nevile, Knight (q), by his will 
 directs: — 
 
 My body to be berid in Saynt Mare kirke, the Old 
 
 (re) Spelman's Concilia, p. 364 ; Wilkins' Concilia, Vol. II. p. 140. 
 (o) Testamenta Bhoracensia (Surtees Society), Voli IV. p. 91. 
 ip) Ibid. Vol. n. p. 175. 
 (ff) Ibid. Vol, II. p. 207. 
 
 F 2 
 
68 
 
 HISTORY. 
 
 Book I. 
 Ch. V. 
 
 Laity seated 
 in chancel. 
 
 Lord Chan- 
 cellor Sir 
 Thomas More. 
 
 (at York), att Saynt Nicholas auter, before the 
 stall quer (where) I sitt at Mese. 
 
 1468. In a suit by Lady Wyche (r) against the parson 
 of a church for removing a coat-armour and certain penons 
 and arms of her late husband, which had been hung up in 
 the chapel where he was buried, Yelverton, her counsel, in 
 his argument, put a case thus (shoiving the custom was 
 not uncommon) : — 
 
 Jeo aye un lieu de seer en le chauncel, ^ la jay mon 
 carpet, $ lyver, f quishen ; doit le parson aver ceux 
 pur ceo q ils sont en le chauncel ; ie die que non. 
 
 1511. In the will of Robert Fabyan (s) (the Chroni- 
 cler), Citizen and Draper of London: — 
 
 If it happen me to decesse at my mansion called 
 halfstedys, then I will that my corps be buried 
 atweene my pewe and the highe awter, w' in the 
 qwere of the pisshe churche of Alhalowen of 
 Theydon garden, in the shyre of Essex. 
 
 Sir Thomas More: — 
 
 And whereas uppon the holie daies, durlnge his high 
 Chancellorship, one of his gentlemen, when service 
 at the Churche was donne, ordinarilie vsed to come 
 to my Ladie his wives pue dore, & saie unto her, 
 Madame, my Lord is gone ; the next hohdaie after 
 the surrender of his office, & departuer of his 
 gentlemen from him, he came unto my Ladie his 
 wife's pewe himselfe, & makinge a lowe courtesie, 
 said unto her. Madam, my Lord is gone. But 
 she, thinking this at first to be but one of his 
 
 (r) Tear Booh, 9 Edward IV., ed. 1597, p. 14. 
 («) Prerogative Registry, 11, Fetij)lace. 
 
CH. V. — OCCUPATION OF SEATS. 69 
 
 Jests, was little moved, till he told her sadly he Book I. 
 had given up the Great Seale (^). ^' 
 
 Laity iu 
 At St. Botolph, Aldgate, the pew of Sir Arthur chanceL 
 
 D'Arcy in the quire is mentioned in the accounts for the 
 
 two years 1553 and 1554 (m) : — 
 
 Paide to Mattram, Carpenter, for three 
 Elme hordes for the two newe pwes in 
 the Quyre whereas S' Arthure Darsey 
 and his "Wife are sett . . . • ij^ viij* 
 
 But the reign of Queen Mary then commenced and the 
 chancels were cleared and restored to strictly ecclesiastical 
 purposes (m) : — 
 
 Paide to the same Jeames (Braddytte) for 
 making and setting uppe the pwes in the 
 Quyre whereas the preests and Clarckes 
 doo sytt to singe ; for foure dayes worke iij' iv* 
 
 Itm paide the vi"" day of may to the said 
 Jeames for making of the pewes in the 
 ChaunceU on the north side for vj dales 
 work at xij* the daye .... vj' 
 
 And subsequently even Sir Arthur was apparently turned Turned out in 
 
 Queen Mary's 
 out (m): — time. 
 
 1556. Payd to the same Joyne'' for making 
 
 of a pwe for S'' Harter Darssey 
 
 and for the stuf belonging unto the 
 
 same pwe .... xxxiij' iiij'' 
 
 Payd for A matt and too hassoks for 
 
 S'' Harters Darses pwes . . xx* 
 
 Possibly the chancel arrangements may have been altered 
 
 (i) Rooper's Life of More (ed. 1729), p. 68. The same anecdote is 
 given in Witty ApopMhegtns hy King James and otliers, 1658 ; Sir Thomas 
 More, No. 28, p. 166. 
 
 (k) St. Botolph, Aldgate, Churchwardens' Accounts. 
 
76 HISTORY. 
 
 Book I. JQ tiig subsequent reign, wlien in 1587 the parisli gave 
 
 ;: leave to Master Dove to build a pew for himself and 
 
 Women for- 
 bidden in another for his wife to sit in, being in the chancel (v). 
 chancel. , i . <. i n • n • i 
 Though laity were now frequently admitted into the 
 
 chancel, the permission was generally restricted to men. 
 
 For example, we find that in a faculty for seats in Great 
 
 Burstead Church, Essex, in 1611 (a;), the applicant was 
 
 authorized to build one pew at the entrance of the chancel 
 
 for the use of himself and sons, and companions and friends 
 
 of the male sex ; and another pew in the body of the church 
 
 for the use of his wife and her daughters, and companions 
 
 and friends of the female sex. 
 
 Thus much was authorized or permitted ; and, in fact, 
 it would appear that the laity from a very early period were 
 not content with their own part of the church, but invaded 
 the part specially appropriated to the performance of the 
 Divine Offices : and the women, though ecclesiastically 
 the most obnoxious as intruders upon the chancel, were 
 the most pertinacious. 
 
 In the fourth century (a.d. 367), the Council of Laodicea 
 passed a canon, that women ought not to come near the 
 altar (y) (or enter into the apartment where the altar 
 stands) (z). 
 
 There was a canon passed at Mantes in the ninth 
 century (a) : — 
 
 Ut nuUa foemina ad altare prsesumat accedere, aut 
 presbytero ministrare, aut infra cancello stare. 
 
 (v) St. Botolph, Aldgate, Chnrchwardens' Accounts. 
 ( x) London Registry, Vicar- General's Books, Vol. II. f ol. xxxiii. 
 (y) Dupin's JScclesiastical History ; fol. translation, London, 1699, 
 Vol. n. p. 269. 
 
 (z) Johnson's Clergyman's Vade-mecum, p. 116. 
 (o) Dupin's Ecclesiastical History, Vol. VII. p, 138. 
 
CH. v. — OCCUPATION OF SEATS. 71 
 
 or in the French (b) : — Book I. 
 
 ^ Ch. V. 
 
 II defend aussi aux femmes de sapprocher de I'Autel, -^ , _ 
 d'y servir le Pretre, ou d'etre assises dans le bidden in the 
 Balustre. '=^^'''''- 
 
 And in England, in the " Canones dati sub Edgare 
 Rege"(c), in the time of St. Dunstan, a.d. 967, is the 
 following : — 
 
 44. Docemus etiam, ut altari mulier non appropin- 
 quet dum Missa celebratur. 
 
 Also in a body of Anglo-Saxon Canons of uncertain Women 
 
 wron srfn.1 Iv 
 
 time and place, but in the latter half of the tenth century, permitted in 
 
 j» n / T\ chancel. 
 
 IS as loJiows (a) : — 
 
 6. Foeminse, Missam Sacerdote celebrante, nequaquam 
 ad altare accedant ; sed locis suis stent : et ibi 
 sacerdos earum oblationes Deo oblaturas acci- 
 piat: memores enim esse debent foeminse in- 
 firmitatis suee, et sexus imbecillitatis, et idcirco 
 sancta qusehbet in ministerio ecclesise contingere 
 pertimescant : quia et jam Laici viri pertimes- 
 cere debent, ne TJzzse poenam subeant ; qui dum 
 arcam Domini extra ordinationem contingere 
 voluit, Domino percutiente interiit. 
 
 In a work entitled Handlyng Synne (e), written in 
 English by Eoberd de Brunne- in the year 1303, but 
 translated from an earlier work in French, entitled Manuel 
 des Peches, he heartily inveighs against the laity, and 
 
 ( l ) Dnpin's Ecclesiastical History, 8to. ed., Paris, 1697, Vol. XII. p. 462. 
 (c) Spelman's Concilia, p. 453. 
 
 ((Z) Ibid. p. 589; Wilkins' Concilia (a difEerent translation from the 
 Saxon), Vol. I. p. 267. 
 
 (e) Handlyng Synne, edited by Frederick J. Farnivall, Esq., M.A. > 
 
*I2 
 
 HISTORY. 
 
 Book I. 
 Ch. V. 
 
 especially women, being admitted into the choir. In 
 parallel columns are the lines of Eoberd de Brunne and 
 
 ■£aii™peraittfd the earlier French :— 
 
 in the chancel. 
 
 ]3e lewede man holy oherche ^vyl forbede 
 'Yostoundeyn ]>e chaunselvfhjl men rede; 
 Who so ever }>arto ys eustammer, 
 {loghe he be of grete powere, 
 Bothe he synnej; and dojie greuance 
 A3eus t>e clergy ordynaunce. 
 
 But jyt do wymmen gretter folye 
 fiat use to stonde among ]>e clergye, 
 
 0);er at matyns, ore at messe, 
 But 3yf hyt were yn cas of stresse, — 
 !For {lerof may come temptacyun 
 And dysturblyng of devocyun ; 
 Tor fonle {loghte cumjj of feble ye sy3t, 
 And fordojie grace wyjj ry3t. 
 
 Lines 8805 to 8818. 
 
 Lay ne deit demorer 
 Ovek les clers en le qeor, 
 
 De custame, fet a saver ; 
 Meuz li vaudreit hors ester. 
 
 Femme est plus a blamer 
 Qe esta par cnstume en queor, 
 Taut cum lem fet nomement 
 Le servise den et le sacrement. 
 Car les clers purreit tempter 
 E desturber le chanter ; 
 Par fol regarder 
 Vinent fole pensez en qeor. 
 
 Lines 6743 to 6754. 
 
 For wommens sake J;ys tale y tolde, 
 Jiat )jey oute of the chaunsel holde 
 Wyji here kercheves, fje devylys sayle, 
 Elles shall )>ej go to helle bo|je top and 
 
 tayle ; 
 For at hym );ey leme alle 
 To tempte men yn synne to falls. 
 To synne fiey calle men, alle fiat (jey may, 
 Why shulde fiey elles make hem so gay ? 
 For no {jyng elles are J3ey so dyst 
 But for to blynde mennes sy3t. 
 Certes hyt semejj at all endes 
 jjat many of hem are but fendes. 
 
 Lines 8883 to 8894. 
 
 Pur ceo, femme en chancel 
 Entre clers ne dust ester, 
 
 De mal qe en pout avenir j 
 Car de fol regard vent fol desir. 
 
 Lines 6808 to 6811. 
 
 Objected to 
 till late. 
 
 The practice of lay men and women occuppng places 
 in the choir might be expected to cease when seats in the 
 body of the church became common, and when, in fact, 
 the nave became regularly fitted with benches, but such 
 appears by no means to have been the case, as may be 
 shown by examples to the contrary, at a considerably later 
 date> 
 
en. V. — OCCUPATION OF SEATS. 73 
 
 Durham Cathedral, 1633 (/). On the visit of King Book I. 
 Charles, His Majesty proceeds to command that certain - — '- — 
 
 Women ob- 
 
 seats heretofore occupied by the Mayor and Corporation, jected to in 
 the wives of the Dean and Prebendaries, and " other women 
 of quality," which had been ejected from the choir in con- 
 templation of the royal visit, should never be again erected, 
 " that soe the Quire may ever remaine in its auntient 
 beawtie." Minute directions are given as to the pro-vision 
 which was to be made for the future accommodation of 
 the Mayor and Corporation, and the wives of the higher 
 dignitaries. The " other women of quality " are to be 
 seated upon moveable benches or chairs, which can be 
 stowed away in the vestry, or elsewhere, when " not 
 wanted." 
 
 Laud — In an " Annual Account of his Province," Archbishop 
 delivered to the King ( g), says : — 
 
 The Cathedral at Salisbury is much pestered vidth 
 seats and I have given order to remove them, 
 which I hope your Majesty will approve, as well 
 as you did in York and Durham ; and add your 
 power if mine be not sufficient. 
 
 The King writes in the margin : K. Charles I. 
 
 C. R. I doe, and will express my pleasure (if need 
 be) what way you wUL 
 
 And so in a letter of the Bishop of Rochester in 
 1625 (A), wherein he says : — 
 
 For myne owne pticular opinion, I doe not thincke 
 * * * that Women should be allowed to sitt in 
 the Chancell, which was instituted for Clarkes. 
 
 (/) Correspondence of Bishop Cosin, Surtees Society; Introd. by Rev. 
 George Ormsby, p. xxix. 
 {g') Ibid, in foot note. 
 (7i) In Rochester Diocesan Registry: see Arcluxologia, Vol. XII. p. lO.S. 
 
74 
 
 HISTOKT. 
 
 CHAPTER VI. 
 
 EARLIEST APPROPRIATIONS. 
 
 Book I. 
 Ch. VI. 
 
 Early appro- We have not discovered or heard of anything suggesting 
 an appropriation of church seats (other than those in the 
 choir, usually for the clergy), or anything contrary to the 
 natural presumption arising from the Common-law right 
 of parishioners to the use of the church in common (and it 
 is believed that the word " church," in such matters, tech- 
 nically meant the body of the church, as distinguished from 
 the chancel) before the fifteenth century, with one excep- 
 
 Exeter Synod tion, which is as curious as it is unique. We refer to the 
 
 in 128T. 
 
 decrees of the Synod of Exeter, held under Bishop Quivil, 
 and terminated on the (16th calend of May) 16th April, 
 1287. In cap. xil. De ecclesiarum ornamentis , et eodem 
 custodia [a), after reciting unseemly contentions betwfeen 
 the clergy and parishioners, it proceeds : — 
 
 Item audivimus, quod propter sediha iu ecclesia 
 rixantur multoties parochiani, duobus vel pluribus 
 unum sedile vendicantibus ; propter quod grave 
 scandalum in ecclesia generatur, et divinum ssepius 
 impeditur officium ; statuimus, quod nuUus de cse- 
 tero quasi proprium sedile in ecclesia valeat ven- 
 dicare, nobUibus personis et ecclesiarum patronis 
 duntaxat exceptis ; si qui orandi causa prime eccle- 
 
 (ffl) Wilkins' Concilia, "Vol. II. p. UOj Spclman, p. 36i. 
 
CH. VI. — EARLIEST APPROPRIATIONS. 75 
 
 siam introierit, juxta propriee voluntatis arbitrlum Book L 
 sibi eligat orandi locum. 
 
 Exeter Synod. 
 Now, from this single passage, it cannot for a moment 
 
 be contended, in opposition to every other and exceedingly 
 
 strong presumption to the contrary, that at that date 
 
 churches were regularly fitted with pubhc benches for the 
 
 use of the parishioners, and so usually as to necessitate 
 
 the making of a formal decree by the synod to prevent 
 
 usurpation. The only reasonable way of accounting for 
 
 the decree is, by the supposition that the seats to which 
 
 he refers were the seats in the chancel or quire ; it would 
 
 seem so from the mention of noble persons, and the patron 
 
 of the church, the latter of whom had an unquestioned 
 
 right to a seat in the chancel. 
 
 In fact, we find no ground for supposing that any indi- 
 vidual appropriation of places in the body of the church 
 existed either legally or illegally, until a very much later 
 date. 
 
 Of a definite appropriation, the earliest instance (if any Ashton-nnder- 
 reliance can be placed upon its date) is that at Assheton- 
 under-Lyne. It is contained in a volume of the customs 
 and rental of the manor, purporting to bear date or to 
 commence in the first year of King Henry VI. (1422 (i) ). 
 An archffiologist naturally looks to the evidence of date ; 
 but finds it here, as printed, very inconclusive. The 
 book appears as a quarto volume, published, in 1822, by 
 Dr. Hibbert (or Hibbert-Ware), under the title of Illus- 
 trations of the Customs of a Manor. Dr. Hibbert states 
 that it is a transcript from the original manuscript, which 
 
 (J) Illustrations of the Customs of a Manor, by Samuel Hibbert, 2nd 
 Appendix, p. 17. 
 
76 
 
 HISTORY. 
 
 Book I. 
 Ch. VI. 
 
 Ashton-nnder- 
 Lyne. 
 
 was formerly in his hands, but which he afterwards pre- 
 sented to the lord of the manor ; and that, to his regret, 
 he found the transcriber had modernized words and spell- 
 ing. One would have expected that, as editor, he would 
 have collated his copy with the original when he thought 
 of publishing. There is, therefore, no means of applying 
 the test of orthography, which has been found so important 
 ia testing the authenticity of archEeological documents, — 
 and especially so considering the advance that the study 
 has made since 1822 ; and, indeed, without knowing what 
 qualifications the editor might have possessed for a critical 
 examination of the document, one cannot but feel that the 
 evidence of date is (to make the most of it) very iucon- 
 clusive. 
 
 The document relates to an arrangement of persons in 
 their seats in the church, — beginning with seven forms 
 (a word which appears never to have been used for a seat 
 ■without a back, nor for a fixed seat), on the north side, the 
 first of which is to be occupied as follows : — 
 
 Uxor Thomse de Claydon — Uxor Ead'. de Berdysley 
 — Uxor de Sunderland — Uxor Radulphi de Wood, 
 and their servants and other Gentils strangers. 
 
 On the same side are six other forms, at the nether end of 
 the kirk, also fuUy allotted. 
 
 On the south side, of the first seven forms, three are 
 allotted to wives by name ; then the tenants of certain 
 persons named ; next Tenants Wynches of Sir John the 
 Byron, that dweUyn with him ; then the parson's tenants ; 
 and next five wives and a daughter (tenants of Wood- 
 house), and the strangers. Nothing is said about the 
 
CH. VI. — EARLIEST APPROPRIATIONS. 77 
 
 other half of tliis side, except " the other void (forms for Book I. 
 
 Ch VI 
 servants and strangers." 
 
 As far as we can judge from the work, it would appear Lyne. 
 that the allotments were to women only, and that, contrary 
 to the ancient practice, the women were placed on both 
 sides of the church. There are no seats allotted to men. 
 
 The following extract relates to the church of St. Mary St. Maiy 
 Woolchurch Haw, London : — Haw. 
 
 Thys ys the copye of the ordynance in the boke of 
 our Ladye of Woolchyrche hawe ... for the 
 good rule of the same gysshe, made by all the 
 bodye of the same pysshe w' the consent of Syr 
 John Benet then gson, William Pyne, Brewer, at 
 the Wyghte cocke, made the 2 day of Jan. the 
 yere of our Lord God 1457. . . . Also the 
 sayd chyrche wardens shall by the autoryte of the 
 Mayre of London, grauntyd in the Gyld HaU, 
 that we shall set bothe ryche and pore yn the sayd 
 chyrche in her pews y' longythe ; and in case they 
 will not be rulyd by the sayd wardens for the tyme 
 being, they to ronne in payne that ys ordeyned in 
 the Gylde HaU. 
 
 This paragraph is printed in the Addenda to the third 
 edition of the History of Pues. The writer of that work 
 was by no means remarkable for his exactitude in his 
 extracts, nor for reference to original authorities, nor, 
 indeed, for any great care in his references at all. No 
 authority is given for the above extract, so that one would 
 presume it to have been made from the original document. 
 His third edition was pubhshed in 1 843, and the Addenda 
 consisted of illustrations of the subject discovered or re- 
 ceived too late to be inserted in their proper places. Since 
 
78 
 
 HISTORY. 
 
 Book I. 
 Ch. VI. 
 
 St. Mary 
 
 Woolchurch 
 
 Haw. 
 
 that date there have been changes in both vestry clerk and 
 parish clerk of St. Mary Woolchurcli, and among the 
 many ancient volumes of records belonging to the parish 
 none can be found bearing the name of the Bohe of our 
 Ladye of Woolchyrche Hawe, nor any of nearly so early 
 a date or containing any such ordinance. A search of the 
 original records In Guildhall (c) fails to discover any such 
 order as that referred to ; but some of the volumes have 
 Suffered so severely from damp In former days (though 
 now very careftilly laid down and preserved) that they are 
 scarcely legible, and there is just a possibility that the 
 order may have in consequence been overlooked, notwith- 
 standing a careful search. 
 
 Sir John Benet was parson of St. Mary Woolchurch 
 Haw in 1457 {d^, but the form of expression, " then 
 parson," rather suggests that the entry was made at a sub- 
 sequent date. 
 
 If such an order were made by the mayor In Guildhall, 
 it would almost certainly have been general throughout 
 the city parishes, and in that case one might expect that 
 the ancient records of some other parishes would refer to 
 the same thing; but no such notice has yet come to 
 light. 
 
 The orthography of the paragraph fiu-nlshes in fact 
 almost the only argument In favour of Its genuineness ; 
 but, standing unsupported, there seems at least an equal 
 probability that the whole may have been a practical joke. 
 
 (c) Journals, Letter-books, ^'c, searched by permission of tlie Guildhall 
 Library Committee. 
 (<?) Newcourt's Repertorium, Vol. I. p. 460. 
 
CH. VI. — EARLIEST APPROPRIATIONS. 79- 
 
 played off witli little risk of detection upon tlie knovm en- Book I. 
 thusiasm and carelessness of research of the author of the 
 
 Ti-. 7-. • 1 11 r ^^- Mary 
 
 History of Pues, m whose work alone, so far as we can Woolchnrch 
 discover, has it been printed. 
 
 In another instance in which he refers to the records of 
 a London parish, the books cannot now be found. 
 
 The seats at St. Michael's, ComhiU, mentioned in ComMll, 
 1467 (e), were for men and women separately, and Mayster 
 Stokker and Lady Stokker had each a separate pew. 
 
 Next is the well-known case of St. Margaret's Church, Westminster. 
 "Westminster (/). Although the churchwardens' accounts 
 begia in 1460, and contain numerous entries every year, 
 there is no mention of pews until 1504, and the follow- 
 ing are the only, and isolated, examples during a long 
 period of years : — 
 
 1504. Received of the Lady SotteU in part 
 
 of payment for her part of a pew 4'' 
 
 1509. Item of Sir Hugh Vaughan Knight 
 
 for his part of a pew . . . 6' 8"* 
 
 1511. Item received of Knight the Courtyer, 
 
 for his wive's pewe ... 2' 
 
 1516. Item received of the Virger of St. 
 Stephyns, for part of a pew for his 
 wife 3» 3"^ 
 
 It wiU be observed that they are aU for persons of 
 position (the Virger of St. Stephen's probably was such); 
 and that the third and probably the fourth instances are 
 for women; and they are only parts of pews. In fact it 
 
 (e) St. Michael, CornTiill, Accounts, p. 35. 
 (/) Nichols' Illustrations, pp. 4 to 7. 
 
80 
 
 HISTORY. 
 
 Book I. 
 Ch. VI. 
 
 Westminster. 
 
 Hackney. 
 
 would appear from subsequent entries that pews were not 
 common there for a long time after: — 
 
 1538 (ff). Paid for matts (A) for the 
 parishioners to kneel upon 
 when they reverenced their 
 maker, price . . . 4' 4* 
 
 1609 (J). Sum of the whole charges dis- 
 bursed & laid out about the 
 old & new pews in the church £78 15 
 
 1633 (A). To Adam Brown for making & 
 setting upp of two & twenty 
 new pewes on the South side 
 of the church according to 
 an agreement made with him 
 in that behalf, as by his bUls 
 appears .... £24 16 
 
 Such heavy expenditures, especially taking into account 
 the comparative value of money at that date, must have 
 been for the erection of a very large number of pews ; and 
 as the practice was, as we have said, always to make the 
 benches massive and substantial, there is every reason to 
 suppose that there could have been but few previously 
 existing and that now the church generally was benched. 
 
 This and the case of Hackney, in 1598 (?), are the only 
 
 (ff) Nichols' Illustrations, p. 10. 
 
 (A) These mats were probahly of wicker, like those of St. Mary-at-Hill 
 (Nichols' Illustrations, p. 94): — 
 
 1477 — 9. (Paid) ffor 3 mattis of wicker bought for prestis and 
 
 clarkis i^. 
 
 And at St. Margaret, Westminster (Ibid. p. 9):— 
 
 1529. Paid for a matt of wyckers for the qiiere . . . .3'. 
 (i) Nichols' Illustrations, p. 28. 
 (i) Ibid. p. 41. 
 (Z) London Registry, Vicar- General' s Soolts, Vol. VIII. fol. xcii. 
 
CH. VI. — EARLIEST APPEOPEIATIONS. 81 
 
 instances which have been adduced in support of the theory Book i. 
 
 Ch. VI. 
 
 that pew-rents were in use in this country at any early 
 period; and though, of course, it is possible another ex- 
 ample or two may be discovered, it is clearly insufficient 
 to support a legalization of rents by custom. 
 
 It may be further remarked, that the metropohs was a Custom of 
 kind of imperium in imperio, and the encroachments of 
 the laity upon the Church are distinctly visible in more 
 than one point. Thus, from long usage, the inhabitants 
 of London parishes prescribe for the right of appointing 
 both churchwardens, and they have the privilege and duty 
 of repairing the chancel as well as the nave. They also 
 claim the right of allotment of seats independent of the 
 bishop, but fail to produce any legal decision in their favour 
 upon this point, which is distinctly contrary to the prin- 
 ciple which governs other cases. And as a rule is said to 
 be proved by an exception, so a few such examples as those 
 referred to (if others be discovered) would serve, by their 
 contrast to the absence of such a practice elsewhere, to 
 mark them as being the exceptions. 
 
 But if there remained any doubt as to the ancient law Appropriation 
 upon the subject, it would be cleared up by a legal decision ancient'law. 
 in the year 1493 (m), where an action for trespass for 
 having broken and carried away the seat of the plaintiff, 
 one WiUiam Fitzwalter, the judges held — 
 
 Si ne soit per prescription, tel sedule ne purr este 
 en esglise come semble, car I'esglise est en commen 
 pur chescun, donques n'est reason que un home ait 
 son sedule | q deux estoierent, car nul lieu est 
 pluis £1 I'un que ^ laut. Mes semble q lordinair 
 
 (m) Year Boolt, 8th Honry VII., ed. 1597, p. 12. 
 H. VOL. I. G 
 
82 HISTORY. 
 
 Book I. voill' order gentilmen lieux convenient pur eux, 
 
 ^' ■ f pur les poures auts covenient places. 
 
 iUeKal^"^*^°° Mes S3 e sguel chose | issint sil | ses aunc nont us 
 
 dast tiel sedule Ik, de temps de prescription, semble 
 q chescun home purr prender le sedule qe e del 
 esglise, | ceo remove pur son ease f standing ; car 
 cest al coinen nusans de eux, car ils ne purr au 
 lour standing pur tielx sedules, s. setes en el esglise, 
 per que il e bon destr advise de cest matter, car 
 cest novel matter, $ bon destr advise en example 
 de touts auters. 
 That is to say — 
 
 If one does not hold such a seat by prescription (and 
 this was referring to rights as connected with a 
 chapel or aisle, since the necessary time to acquire 
 a prescription could not have elapsed in respect to 
 other seats which were then modem), the claim to 
 a seat in the church cannot be good, for the church 
 is common to all, and it is unreasonable that one 
 man should have a seat in the place where two men 
 were, for no place is for one more than another. 
 The Ordinary may order convenient places for 
 gentlemen (probably the two or three squires in the 
 parish), and for the poor other convenient places. 
 If not so held by prescription any man (meaning 
 parishioner) may remove the seat for his own ease 
 and standing ; for it is a common nuisance to them 
 that they cannot have their standing by reason of 
 such seats, that is to say, seats in the church. 
 
 This was a clear expression of the opinion of the court 
 in the fifteenth century, when the question was a novel 
 one ; though, so far, not a judgment, because the court 
 dismissed the case on the ground that (no prescription 
 being set up,) it was a spiritual matter with which the 
 court could not interfere. 
 
CH. VI. — EARLIEST APPROPEIATIONS. 83 
 
 At Whalley, Lancashire (n), is a pew bearing this in- Book I. 
 scription : — 
 
 T-i ■■-> IT n » Pews at 
 
 ±1 actum est per Kogerum JN owell, Ann. Mcccccxxxiiii. whalley. 
 
 Roger Nowell was lord of the manor of Rede in this 
 parish (o). 
 
 The history of it is this, as appears from the deposition 
 of an old parish clerk, given in a suit in 1605. A pew 
 belonging to the Towneley family in right of their manor 
 of Hapton, was anciently called St. Anton's Kage ; and 
 a dispute having arisen in respect to places in the church. 
 Sir John Towneley, as the principal man in the parish, 
 was called upon to decide it ; and afterwards it was re- 
 membered that he had made use of the following remark- 
 able words: — "My man Shuttleworth, of Hacking, made 
 this form, and here wiU I sit when I come ; and my cousin 
 NoweU may make one behind me, if he please ; and my 
 Sonne Sherburne shall make one on the other side, and 
 Mr. Catterall another behind him ; and for the residue the 
 use shall be — First come, first speed : and that will make 
 the proud wives of Whalley rise betimes to come to 
 church." These words were remembered by an old clerk, 
 and were reported to another witness on the information 
 of Mr. John Crombeck of Clerk Hill, who had been the 
 last agent to the abbey. The value of the evidence comes to 
 this — B. remembered that A. had made a certain remark; 
 and C. deposed that D. had told him that A. had said 
 something to the same effect. But let us consider what 
 would be the effect of the statement, supposing that it had 
 been proved by anything like evidence legally admissible. 
 
 (m) Whitaker's History of Wloalley, pp. 248—9. 
 (o) Bm-ke's Landed Gentry, (Vol. II.) p. 1000. 
 
 G 2 
 
84 
 
 HISTORY. 
 
 Book I. 
 Ch. VI. 
 
 Pews at 
 WhaUej. 
 
 Ludlow. 
 
 It would seem nothing more nor less than that a local 
 Triton, whose potentiality was invoked to settle the dis- 
 putes amongst the minnows, says to this effect : I have had 
 this seat built and intend to occupy it when convenient ; 
 my cousin and son and another may take the next best, and 
 as to the rest of the seats they are for the women of the 
 parish, first come first served. It is simply the sovereign 
 order of the local autocrat for which no authority but his 
 ipse dixit is pretended. 
 
 The order manifestly shows that up to the date of his 
 decree there were no appropriated seats except one which 
 he had built for himself. 
 
 Ludlow furnishes a very curious, and probably quite 
 unique arrangement, as appears by the Churchwardens' Ac- 
 counts (beginning in 1540), recently published under the 
 editorship of Mr. Wright (p). The churchwardens, act- 
 ing under the immediate authority, as generally stated, 
 and always with the consent, of the bailiffs of the town, 
 in consideration of a moderate payment made grants of 
 sites which they called pew-places, or pew-room, whereon 
 the grantees built pews, which Mr. Wright says (5) they 
 could seU or leave by wiU, or that the heirs would inherit. 
 The accounts do not show so much as this, but they afford 
 abundant examples of a system of grant by the wardens 
 of pews or half-pews, or the reversion to pews (indicating 
 that the possessors only held them at the utmost on a 
 life tenure), as soon as the same should be due by the 
 " abcenssye, forfeture, or surrender" thereof; and also of 
 
 (^p) Churchwardens' Accounts of JJiidlow, Camden Society, Vol 
 CII. 
 
 ((?) Ibid, pref, v. 
 
Ludlow sales. 
 
 CH. VI.— EARLIEST APPKOPRIATIONS. 85 
 
 exchanges by the grantees with the consent of the wardens. Book I. 
 always under the authority of the bailiffs : and upon each 
 change of occupant there was a form of surrender to the 
 parish and payment of fee by the new grantee somewhat 
 analogous to certain copyhold arrangements. Mr. Wright 
 says that this method of dealing with the pews continued 
 in practice down to a very recent period. 
 
 He considers (r) that the history of the church may 
 afford some explanation of the case. The church was 
 built by a very early and important guUd, to which a 
 large part of the town itself seems to have belonged. In 
 the time of King Edward VI. the guild was dissolved ; 
 but the surrender was on condition of its property being 
 re-invested in a new corporation, and it was accordingly 
 transferred to the municipal corporation of the town, and 
 a new charter granted including it, and that thence the 
 fabric of the church became really the property of the 
 corporation. If so, perhaps, it would still be unique. 
 
 The foUowing are examples of the entries respecting 
 these arrangements: — 
 
 1540 («). Die Luna, videlicet xvj° die mensis Feb- 
 
 ruarii anno regni regis Henrici octavi xxxj", 
 
 coram Johannet^ai/lor et Johanne Lokyer bal- 
 
 livis domini regis villcB de Ludlow. 
 
 At whiche day it ys orderede and agreede be the seid 
 
 baylifes that the forseid Richarde Langforde _p:om 
 
 hensfourth shaUe pesably have, occupie, and enjoye, 
 
 the pewe or sette in the church late in the tenure 
 
 of Alic Lane deceased, Jlbr whiche pewe the seide 
 
 baylifes have awardede that the seid Richarde 
 
 (?•) Church of the People, 1870, p. 135. 
 
 (s) Chttrchn-ardens' Accounts, Camden Society, Vol. CII. p. 6. 
 
86 HISTORY. 
 
 Book I. Langforde slialle content and paye to the cliurch 
 
 ■ wardeyns, the some of vj' viij'' sterlinge, wMche 
 
 liudlow sales. yg payde the seide day & yere, &c. 
 
 It appears that theforseid Richarde Langforde was one 
 of the churchwardens for that year. 
 
 1555-6 if). For the which some of v' viij'' 
 m'' Baylifes hathe graunted the sayd 
 churchewardens a pewe at the nether 
 yende of the churche, one the right hand 
 the wedynge dore, late in the tenure of 
 m''" Hudson, payinge unto the new 
 churche wardens over the same some 
 ofv'viij"* iij' 
 
 1556-7 (m). Item, for as moche as m''. Mason hathe 
 bowght of m"". Cother the interest of his pew 
 over agaynst the piilpit, we have sett to the sayd 
 m^ Mason the sayd pew, in satisfaccion whereof 
 the sayd m"". Mason hath surrenderyd unto the 
 paryshe hys interest in the pew with Thomas 
 Beado. 
 
 1556-7 (jc). Memorandum, that we Richard Pooton 
 & Richard Tomlyns, churchewardens, have 
 graunted, withe the consent of m"'. baOifes, the 
 seid yere, the pewfl|^ under written unto the 
 persons subscribed, for the somes of money upon 
 their names apperinge. 
 
 A similar allotment entered in the books for the same 
 year of three pews to one person was annulled, as appears 
 
 (f) Clmrchmardens' Accounts, Camden Sociehj', Vol. CII. p. 66. 
 («) Ibid. p. 74. 
 («) Ibid. p. 84. 
 
CH. VI. — EATXIEST APPROPEIATIONS. 87 
 
 by the marginal memorandum, " denyed upon considera- Book l 
 
 tion." '■ — '- — 
 
 Lndlow 
 1569 (y). Item a pew graunted by m^ bay- exchanges. 
 
 liffes to Cutwallater ap Edward, Aun- 
 cell Clee, Ales Norton, Margaret Nor- 
 ton, and Margery Norton, and to every 
 of them, which pew was one Katherin 
 Norton deceassed, with one yered of 
 grownd more enlarged. Receavedjfor 
 the same iij' iiij* 
 
 1569-70 (z). One pewe graunted to m'. 
 
 Edmunde Walter by the bailiffes, be- 
 
 longinge heretofore to Robert Mullynour 
 
 lately decessed, being on the middle 
 
 rowe of pewes on the southe syde by the 
 
 pyUer downeward, next unto the clocke v" 
 
 Item the seid m''. Walter did exchaunge 
 
 the seid pewe with Anne Mullynour 
 
 for another pewe lyenge foure pewes 
 
 upward on that rowe, by assent of the 
 
 bailifFes ..... (nothing paid) 
 Item the seid m'. Walter did exchaunge 
 
 the seid pewe had of Anne Mullynour 
 
 with William Partrich & William Bowd- 
 
 lour by thassentes of the said bailiffes . 
 Item graunted unto William Glover, one 
 
 pewe, being in the middle rowe where 
 
 the pulpit standeth, being the lowest 
 
 pewe of the rowe, by thassent of Anne 
 
 Mullinor, widowe .... xij'' 
 
 And at length they seemed to have discovered some 
 inconvenience from this arrangement, by which persons, 
 
 (_y) ClmrcTimardens' Accounts, Camden Society, Vol. CII. p. 141. 
 (2) Ibid. p. Ui. 
 
88 HISTORY. 
 
 Book I. althougli they miglit cease to continue parisHoners, yet 
 '■ stiU had some sort of right to a pew or half-pew, or pos- 
 
 Lndlow : limit i n i i ■ • i 
 
 of residence. sibly they may have had legal advice; for m the year 
 1570-lj under the heading of " The receiptes for pewes 
 letten this yere as foUoweth," the entry of the grant of 
 half a pew to James FenneU, goldsmith, runs thus (a) : — 
 
 To have & enjoye the same in as ample manner 
 as the said Stringer had the same; provided 
 never the lesse, if the said James do departe 
 out of this towne to dwell in another place, & 
 be absent one hoUe yere together, his interest 
 in the said pewe to determyne. And it shalbe 
 lawfiJl to the baUieffes & churchwardens then 
 being, to graunt the same over to another per- 
 son for the benefite of the parish. Provided 
 also that he shall not by any meanes advaunce 
 the said pewe to any higher altitude, or streitch 
 it owt in leingth or breadthe, then it nowe is, 
 upon payne of forfeiture (of) his interest. The 
 residowe of all the pewes hereafter to be 
 graunted with like Jforme . . . . vi* 
 
 Beversions. It is worth while to give a few extracts relating to the 
 
 reversions (5) : — 
 
 1543. Item hyt ys grauntyde to Thomas 
 Leawys that he & his wyf shall enjoye 
 the half pewe in revercon after the de- 
 cease of Master Hare, now in his pos- 
 session, payinge ..... ij^ 
 Item hyt ys grauntede to Richarde Waties 
 half of the pewe wliich Thomas Leawys 
 hath m possession, payinge . . . xx* 
 
 (ffl) Clmrcliwardens' Accoimts, Camden Society, Vol. CII. p. HT. 
 (5) Ibid. p. 16. 
 
CH. VI. — EARLIEST APPEOPPJATIONS. 89 
 
 Some seats are described as tneelina; places: — Book I. 
 
 ° ^ Ch. VI. 
 
 1541 (c). Eessevide ofWalter Torites wyf for "ludiow^ 
 
 Annes Davis knelvnge place . . . xij'' kneeling 
 Ressevyde of Rycharde Eawlens wyf for 
 
 Elsabetli lywyns knelynge place . . viij'' 
 
 1545 {d). Item, receyvede of EHzabeth Glover 
 for her knelynge place bebynde the northe 
 cburcbe dore ...... viij'' 
 
 And tbere were some unappropriated seats called " tbe 
 comen pewes," and also " a forme for folkes to sytt upon." 
 Tbe cburcbwardens also received money for " leystalles," Leystalles. 
 but wbetber these were pews or seats does not distinctly 
 appear here, but from what we have seen elsewhere, were 
 probably burial places : — 
 
 1540 (e). Eeseyved of mastere Foxe for 
 
 m'' wardens leystaUe . . . • vj° viij"* 
 
 Reseyyed of ser Eichard Bensone for his 
 
 Lent leystalle . . . . • vj' viij"* 
 
 Reseyved of the good wyfe Benet for hyr 
 
 husbandes leystaUe . . . ■ vj' viij'' 
 
 Also for " pytts," but these were certainly for burial ; Leystalles and 
 
 pytts. 
 e.cf.:— 
 
 1545. Receyvede for Mr. Harez pytt . yj' viij'' 
 
 A strong proof of the singularity of this system is Church- 
 wardens' 
 afforded by the fact that it was the ground of litigation authority. 
 
 in 1693, when the Court of Queen's Bench (f) granted 
 
 a prohibition of the Bishop's Court, on the ground that 
 
 (c) Giwckmardens' Accounts, Camden Society, Vol. CH. p. 9. 
 
 ((Z) Ibid. p. 23. 
 
 (e) Ibid. p. 5. 
 
 (/) lAitwyche's Beports, p. 1032. 
 
90 
 
 HISTOKT. 
 
 Church- 
 wardeDs' 
 authority. 
 
 Book I. ^\^q rifftt which the churchwardens of Ludlow claimed to 
 Ch. VI. ° 
 
 erect and demolish pews without ecclesiastical sanction 
 could be possessed under no other title than that of pre- 
 scription, a species of title which the ecclesiastical courts 
 were incapable of trying, there being a weU-estabhshed 
 rule that questions of prescription can only be tried (unless 
 by consent) at common law, by an action on the case, in 
 the King's Bench (ff), for the ordinary cannot meddle 
 with a temporal right (A). 
 
 It does not appear that any further steps were taken in 
 the Ludlow case, so that there was no decision whether 
 the right claimed by the churchwardens was or was not 
 capable of being maiatained. In other similar cases, the 
 courts of common law always refused the application for 
 prohibition, on the ground that the parishioners cannot pre- 
 scribe to dispose of the pews exclusive of the ordinary (z) ; 
 that the churchwardens can only act under him, and 
 " cannot jostle out his authority" (7s). 
 
 The complete variety and discordance of the authorities 
 by whom any general appropriations were made (other 
 than the bishop, by faculty) afford a strong presumption 
 against their claims having the foundation of a legal basis ; 
 and in no case have they, when tried, been supported by 
 law. 
 
 The assignation of seats at Assheton-under-Lyne, was 
 made by the lord of the manor ; that at St. Mary Wool- 
 
 Eight to assign 
 claimed by 
 various 
 authorities. 
 
 Lord of manor, 
 and others. 
 
 (ff) Palmer's Reports, p. 424 ; Hutton's Case, Latch's Reports, p. 116 ; 
 Mainwaring v. Giles, Barnwell ^ Alderson's Reports, Vol. V. p. 361. 
 
 (Ji) Swetnam v. Archer, Modern Reports, Vol. VIII. p. 338. 
 
 (i) Presgrave ii. Churchwardens of Shrewsbury, Salkeld's Reports, Vol. 
 I. p. 166. 
 
 (/t) Langley v. Chute, Sir Tliomas Raymond's Reports, p. 246. 
 
CH. VI. — EARLIEST APPROPRIATIONS. 91 
 
 churcli Haw (if genuine) under tlie authority of tlie lord Book I. 
 mayor of London ; that at Ludlow by the bailiffs of the 
 
 town ; some in London by the vestry ; and in the case of ' 
 
 St. Botolph, Aldgate, where we find the parish prepared 
 to confirm a grant by the deputy of the ward, of leave to Deputy of 
 build a pew in the chancel, and although the numbers 
 assembled were under the limit required by their standing 
 order, they nevertheless proceeded. The entry is as fol- 
 lows (Z): — 
 
 Memerandum that a vestrie was wamd to have been 
 howlden in owre grishe Churche the xxv"" Daye of 
 Marche in Ano 1587 and _pbr that the nomber of 
 six of ether ende ded not apeare acordinge to the 
 order sett downe Jfor the same there was no vestrie 
 held the sayde daye. But that Jfor Master Dove 
 was graunted by M"' Richard Casye, Deputie of this 
 Warde as also By M'' Tobie Woodd, Henrie 
 Connawaye ^ John GowseU, beinge Church- 
 wardens, sufferance to Builde a pewe (for him sehe 
 and another jfor his wyfe to sitt in w"^"" he sholde 
 Builde at his owne chargis Beinge in the chaunsell, 
 the sayde Leve was graunted hem before By them ; 
 and the people Beinge at this tyme assembled ded 
 give there assent that the Jforenamed ^"mis by m'' 
 Deputie f the Best before named sholde stande in 
 effect, et c. 
 
 At St. Michael, Comhill {m), the seats were numbered My Lord of 
 (apparently) in 1555—6 by order of ''my Lord of London," 
 though this may have most probably been, not the Lord 
 Mayor, but the Bishop. And in the case of St. Margaret, 
 Westminster, the presumption that the seats were disposed 
 
 {I) St. Botolph, Aldgate, Parish Cleric's Booh, at date. 
 
 (m) ArcTiceological Association Journal, Vol, XXIII. p. 326. 
 
92 
 
 HISTORY. 
 
 Certain 
 gentlemen, 
 
 Book I. of witL out any legal authority appears clearly by the fact 
 
 .~ — that a payment or rent was charged by the churchwardens 
 
 for the special privilege of an appropriated or private seat : 
 
 a practice which has been reprobated by the Ecclesiastical 
 
 Courts whenever it has been set up (w). 
 
 That bitter writer, the vituperative Bale (o), includes in 
 the same category of wicked money-making, "All Shrynes, 
 Images, Churchstoles, and pewes that are well payed for." 
 
 At Eccles, Lancashire {p), it appears by documents 
 preserved in the parish, that, between the years 1595 and 
 1598, certaia gentlemen of the parish at a meeting for 
 taking into consideration the question of repairs of the 
 church and the furnishing of the same vdth new pews and 
 forms, ordered and agreed that : — 
 
 The Church-wardens now for the time being, shall 
 have power and authority to appoiat places for the 
 gentleman of the same parish, and also for the 
 Vicar, according to their degrees and calling ; and 
 in Hke manner shall have authority to place the rest 
 of the parishioners, as well Husbandmen and Cot- 
 tagers, as others of mean estate and calling ; having 
 a special regard to their charges and payments 
 which they have severally paid towards the repair 
 of the said Church and making anew of the said 
 forms. 
 
 A simple usurpation by those who paid highest (though 
 all necessarily paid according to their rental) of the right 
 to a choice of seats. The arrangement was carried out at 
 
 (ra) Haggard's Consistory Reports, Vol. I. p. 318. 
 (o) Bale's linage of Both Churches, Bb. gloss. 12. 
 (^p) Account of Seats in Churches in the County Palatine of Lancas- 
 ter, by J. Ilarland, F.S.A. (vepriut from CJuirch of the Peo^ile), p. 9. 
 
CH. VI. — EARLIEST APPROPniATIONS. 93 
 
 a subsequent meeting and an allotment made to the various Book I. 
 owners of manors and farms, and next to other parishioners r 
 
 '■ Certain 
 
 according to the amount of levy paid, men and women gentlemen, 
 being placed separately : and the rest of the parishioners 
 were inhibited and monished to refrain from intruding. 
 In fact, from a parish church it became a sort of proprie- 
 taiy chapel ; but with the difference that here the pro- 
 prietors had not built, but had only spent a trifling 
 amount in repairs and fittings. 
 
 The case of St. Michael, Cornhill, affords a very striking Vestry as- 
 instance of the extraordinary assumption by the vestry of tnJdivme '^°"' 
 ecclesiastical rule ; in fact, they acted as though they were ^^''^^'=^- 
 the ecclesiastical rulers, and the rector a parish official 
 under their orders, like the beadle. To confirm what 
 otherwise would appear an exaggerated statement, it may 
 be well to give the following extracts from the vestry 
 minute book C^) : — 
 
 These things ensewinge were concluded in a Vestry 
 holden in this Parishe of S'. Mighells in ComehiU 
 the xvi"" of May m' v" Ixiij being then person 
 John PhUpott, Clark, f Churchewardens Nichas 
 Wheler, Miles Mording and (blank; Richard in 
 next leaf) Mather. The most substanciall in the 
 parishe gnt Sc geving ther consent therunto. 
 
 In Primis that the first Sonday of ev'y moneth 
 (being none other lawfall ympediment) coimvnion 
 of Christs body f blood be re^entle ministred 
 (Warning the Sondaye before to be geven of the 
 same) and so those that be godlie minded be 
 coinvnicate. 
 
 ((?) St. Michael, Cornhill, Vestrij Mimite Book. 
 
94 HISTOEY. 
 
 Ch;°Ti' ■'■*^™ ^^^ second Sonday Children f Svnts after even- 
 
 ing prayer to be catecMzed. 
 
 Item the Quere to be enlarged, &c. 
 
 Vestry order- Then is the following minute relating to the arrangement 
 
 mg panshi- ... . 
 
 oners to keep of the parishioners in the seats, from which it would appear 
 
 their seats. ^ 
 
 that they were not accustomed, and did not Kke to be con- 
 fined to specified seats (r) : — 
 
 Order for keping their pewes on pain to forfeit ij'* 
 the first tyme & iiij* the second. 
 
 Item efy man that on the hollie day kepeth not his 
 owne pewe, but setteth the service time in other 
 pewes, for ye first tyxae ij'* & the seconde time iiij"*, 
 to be emploied to the poore's boxe ; provided any 
 at the lessons & the Smons the more better to heare 
 may remove. 
 
 The step does not seem to have been effectual, for there 
 appears another order of vestry in 1572(5), to the same 
 effect ; the money to be paid " w' owte dennyall and the 
 same to be pronouced bye the Curatte at evenynge sarvis." 
 
 A simUar instance of assumption of authority appears 
 in a criminal suit ui the diocese of Durham (<), where 
 
 Eicherd Eawlinge being at the divine service saing 
 the morning praier * * was requiered to put off 
 his surples, according to the will of the xxiiii. of 
 the parish (i. e., the Vestry), & gyve the same to 
 S'' John Peirt, articulate, to say furthe the morn- 
 inge praier. 
 
 (r) St. Michael, Comhill, Ve^ry Minute Book. The greater part of 
 these extracts are printed in the Comhill Accounts, pp. 229 and 230; and 
 the latter part also in the Arch. Assoc. Journal, Vol. XXIII. p. 326. 
 
 (s) Comhill Accounts, p. 238. 
 
 (^) Ecclesiastical Proceedings in the Diocese of Durham, Sartecs 
 Society, Vol. XXI. p. 228. 
 
( 95 ) 
 
 CHAPTER VII. 
 
 FACULTIES. 
 
 , Book I. 
 
 Ch. vn. 
 
 To the favour shown from early times to IdngSj nobles and Origin of 
 
 . 1 1 1 •,• -T 1 Faculties for 
 
 patrons, we may with probabihty ascribe the arrangement seats. 
 
 for seating parishioners according to their degree ia the 
 social scale, though we may be imable to trace it more 
 immediately. It is easy to imagine that if the great man of 
 a village possessed, as of right, an emuient position in the 
 church as well as the parish, another of almost equal posi- 
 tion would make a similar claim for himself. In the 
 gradual change which has been taking place in social life 
 for many hundred years, social distinctions of position 
 have become gradually less and less clearly defined, until 
 at the present day it is almost impossible to draw any 
 positive liae of demarcation ; to a great extent (excepting 
 in very rural parishes) each man's grade must be con- 
 sidered by itself individually. Even under the circum- 
 stances existing three centuries ago, the attempt to seat 
 parishioners according to their degree involved very great 
 Utigation, as the records of the ecclesiastical courts abun- 
 dantly prove. 
 
 Man is a creature of habit. It is likely that while 
 many persons would, consciously or unconsciously, each 
 acquire a habit of occupying a particular place, their 
 
96 HISTORY. 
 
 Book I. neigliboTirs would, from friendly feelings or peaceable mo- 
 
 tives, be disinclined to interfere ; so tliat what may be 
 
 possession. termed a " possessory right by courtesy" was acquired in 
 course of time, and at length was supported, by authority 
 so far as the decreeing of peaceable possession against 
 mere intruders. The prevalence of such a habit appears 
 in many of the extracts already given, and such Decrees 
 are found in the records of the ecclesiastical courts. There 
 is every reason to suppose, that a very large proportion of 
 the pews, which are now claimed to be held by prescrip- 
 tion, had no other origin. 
 Select restries. Probably the authorization of select vestries, by Epis- 
 copal authority, had a powerful effect in extending the 
 system of appropriation of churches which had been intro- 
 duced a short time previously. We are not aware that 
 anything has been written concerning the origin of select 
 vestries, but the facts shown by an examination of the 
 records of ecclesiastical courts are very remarkable. Early 
 in the seventeenth century a few individuals presented 
 themselves to the bishop's chancellor, and alleged that it 
 was desirable, for the sake of preventing disturbances and 
 disagreements at meetings for parochial purposes, that the 
 government of the parish should be vested in a certain 
 number of the chief parishioners (varying in different 
 cases from 10 to 44 [a]), who were to have the entire 
 control, and also the power of filling up vacancies in 
 their body. They of course nominated themselves, and 
 also the remainder. Upon such an application, entirely 
 
 (a.) At St. Mary Mounthaw, London, in 1612, there were nine beside the 
 parson or cnrate (^Vicar- General's Boohs, Vol. XI. fol. xxxvi). At 
 Stepney, in 1613, there wore forty-four (Ibid. Vol. XI. fol. xcvi). 
 
CH. Vir. — FACULTIES. 97 
 
 unsupported by evidence, and without consulting the parish Book I. 
 at large, the chancellor constituted the applicants and their 
 
 Select Vestry. 
 
 nonamees to be a select vestry to have the control of the 
 parish ; and the vestry, thus formed, filled up aU vacancies 
 in their own body, so that the parish at large would never 
 again have the control of its own affairs. 
 
 The earUest of such Faculties granted in the Diocese Spelman'g 
 
 . . .... opinion of 
 
 of London is dated in 1611 (b); their origin is referred to them, 
 by Spelman, thus (c) : — 
 
 What they (the Vestries) have used to do Time out 
 Mind, I caU not into question ; but those Vestries 
 that within these thu'ty Years, or thereabout, have 
 left their ancient Form, supported by a lawful Pre- 
 scription, and contrived to themselves a new Society, 
 Power and Jurisdiction over the rest of the Parish, 
 countenanced by an Instrument from the Ordinary 
 under the Seal of his Chancellor; and (as new 
 Things must have new Names) are commonly stiled 
 Selected Vestries. * * To deal plainly, I think 
 those Instruments confer more Money upon the 
 Chancellors, than Authority upon the Vestries. * * 
 What have they now for their Money ? or more (in 
 effect) than if a private man had granted them as 
 much? 
 
 And his opinion evidently was that the vestry had lost by 
 abandonment what rights they previously might have had 
 by Prescription, and had adopted the new system under 
 a grant which was simply fallacious and unmaintainable. 
 It might no doubt be argued that part of the bishop's 
 
 (J) St. Margaret, New Fish Street, London; Vicar- Oenoral' s Boohs, 
 Vol. XI. fol. xxviiii. 
 
 (c) Spelman, Bo Sepultura, originally published in IGil ; fol. ed. 1723, 
 p. 184. 
 
 H. VOL. I. H 
 
98 HISTORY. 
 
 Book I. legal authority was delegated to the Select Vestry ; but it 
 cannot be supposed that a bishop could thus for ever 
 
 Faculties for 
 
 Select Vestries, deprive his successors, as "well as himself, of any power 
 
 capable of delegation. 
 
 In a modern case Lord Tenterden said (rf), " It is clear 
 that these Faculties have no vahdity at Law." 
 
 The Act to lead the Decree, to which we have adverted 
 as being the first which estabhshed a select vestry in the 
 diocese of London, is dated the 10th February, 1611, and 
 bears the following heading (e) : — 
 
 Negotiu assignaco? et confirmationis certi numeri 
 pochianoru sci margarete in nova Piscaria London 
 in sacristos eiusdem gochie, Anglice Vestrie men, 
 vi3. 27, successive observand et continuand gter 
 Rcorem seu Curatu eiusdem ecche in ab"'^ 
 Ecoris. 
 
 The Decree, which follows the Act in the book, recites 
 that they had been accustomed so to act, but there could 
 not now be found any pubUc instrument ratifying and 
 confirming the same ; and it proceeds to appoint the vestry 
 as prayed, but with the stipulation that such vestry should 
 not call before them any minister, preacher, or curate 
 living in the parish, to be questioned, but should leave 
 them wholly to their calling, and to the hearing and 
 censuring of the ecclesiastical or temporal magistrate ; 
 nor should the vestry interfere with the churchwardens 
 and sidesmen in making their presentment; and adding 
 that in the event of meddling with such matters, this 
 
 (_d) Golding v. Fenn, Barnemell 4' Cressmell's Mejjorts, Vol. Vn. p. 781. 
 (e) Vicar-General's Books, Vol. XI. fol. jLxviiii. 
 
CH. VII. — FACULTIES. 99 
 
 allowance to their vestry concerning ecclesiastical matters Book I. 
 to be merely void, as if it had never been granted. 
 
 In the case of St. Mary Mounthaw, London, only two Select Vestries. 
 months later, the churchwardens allege that (/) — 
 
 Thorough the gefflaU admittance of aU sorts of the 
 pishioners unto their vestries there faUeth out 
 great disquietness and hinderance to the good 
 feedings w""" they desire should be in their gishe, 
 hj the dissen(tions) of the inferior f meaner sort 
 of the multitude of the inhabitants being greater 
 in mmiber f thereby more ready to crosse the 
 good feedings for the benefit of the churche and 
 gish, than hable to further by counseU, or other- 
 wise, the good thereof. 
 
 No doubt vestry-meetings would be more harmonious 
 if admission were restricted to a hmited number of one 
 party. The decree w^as made with stipulations similar to 
 those in the preceding case. 
 
 The official foundation, or re-constitution (as it might 
 be), of select vestries being thus inaugurated by the 
 Chancellor of the Diocese, and its convenience to those 
 who wished to rule being very palpable, applications for 
 similar powers flowed in, and a succession of grants was 
 made. Spelman hints that the money paid to the Chan- 
 cellor had something to do with it ; and there can be no 
 doubt that the number of Faculties for Seats, and Decrees 
 for Select Vestries, each being a new class of business 
 introduced early in the seventeenth century, must have 
 fiirnished a not inconsiderable addition to the official 
 income. 
 
 (/) Vicat'- General's BooJis, Vol. XI. fol. xxxvi. 
 11 2 
 
100 
 
 HISTORY. 
 
 Book I. 
 Ch. VII. 
 
 Eapid increase 
 of Select 
 Vestries. 
 
 Faculties to 
 iiKlividtials. 
 
 When, however, a precedent had been made, it was 
 quickly followed up, and the number of such Faculties ia 
 the next thirty years (alluded to by Spelman) was very 
 considerable. They spread, in fact, with epidemic rapi- 
 dity, and became so familiar as to pass vsathout thought of 
 questioning. 
 
 But it was, however, not unreasonable that vestries ap- 
 pointed under the assumed authority of the bishop should 
 suppose their appointment to be good and valid, and 
 should, as they actually did, take upon themselves the rule 
 of the parish. 
 
 That a body thus self-nominated would be ready to grasp 
 the loosened reins of ecclesiastical government, and, amongst 
 other things, appropriate to the use of its members indi- 
 vidually, and to their families and friends, the best seats 
 in the church, to their exclusive use, was what, however 
 unjustifiable, might be expected from hiiman nature, which 
 in spite of all reasoning to the contrary, will act upon the 
 motto " Might makes right." 
 
 The appointment of Select Vestries operated towards 
 a general arrangement of the occupation of the seats, but 
 the most numerous class of Faculties was that granted 
 by the Ordinary upon the application of individuals, for 
 the appropriation to them of specified seats, and these 
 probably had their origin in an extension of the privilege 
 under which the patron of the church, as of right, and the 
 squire, by courtesy, occupied places in the chancel. In 
 the City of London the custom with respect to the chancel 
 was peculiar, inasmuch as the parishioners performed what 
 was elsewhere the duty of the rector, and defrayed the 
 expenses of repairing the chancel ; and they still claim. 
 
CH. VII.— FACULTIES. 101 
 
 througli the churchwardens, the right to allot the chancel Book I. 
 seats equally with those of the nave. In fact in one case 
 
 (St. Olave, Bread Street) in 1598 (g), the churchwardens, scata. '^^ 
 in the names of themselves and the parishioners said, they 
 
 chalendge unto them selves, aright belongeth, to 
 deale in placeinge, and displaceinge of pewes ; and 
 to the Churchwardens as their ministers. 
 
 Whereupon the Vicar-General said : — 
 
 I thinck itt fitt, when ther is occasion, that the ordi- 
 narie be allwaies therein consulted, for contiauance 
 of his Jurisdiction, and for redressinge of any 
 whoe shall finde them selves agreved. 
 
 The earhest known Faculty for appropriation of part of E.irliest 
 a church to individuals, that we have met with, relates to 1579. ^ ^" 
 the church of Chesterton, Cambridgeshire. It is dated 
 the 4th April, 1579. The books which contained the 
 record of Licences or Faculties, and Acts of Court upon 
 granting them, are wanting up to a much later date ; but 
 this Faculty is preserved by the fact of its entry in a book 
 of precedents, presumably collected by the Registrar of the 
 diocese, at dates earlier and later than 1579 (A). It is 
 most elaborately and carefully worded, as though its com- 
 position had been a study; and the form and style is rather 
 that of a Conveyance than of an ecclesiastical document. 
 The whole document is re-entered in the same book, ap- 
 parently at a different date, as some of the contractions 
 are extended ungrammatically; the re-entry (t) affording 
 
 (j) London Diocesan Registry, Yicar- General's Sooks, Vol. VIII. 
 fol. xK. 
 
 (Ji) Ely Diocesan Registry. The volume, wliieh is not lettered, is called 
 a " Sooli of Precedents ;" this document is entered at fol. clxxxvi. 
 
 (?) Ibid. fol. ccyiiii. 
 
102 HISTORY. 
 
 Book I. some presumption that it was unique, and certainly that it 
 
 was highly valued. It is curious to find that the earliest 
 
 Faculty. record of a faculty for a seat granted in the diocese of 
 
 Rochester (k), is also re-entered close to the end of the 
 volume which contains the original entry, as though, being 
 thought of much importance, it was desired to render it 
 more conspicuous by a place at the end of the book, than 
 it could be where it occurred in order of date amongst 
 other records. This example is dated in 1639, and refers 
 to an aisle, or chapel, in St. Margaret's, Rochester, at- 
 tached to a manor house. 
 
 The Chesterton example recites, that Philip Peacocke 
 and Geoffrey Ewsden, the churchwardens, and William 
 Spicer, an inhabitant, on behalf of themselves and others 
 (generally), alleged that Thomas Lorkyne, alias Larkyne, 
 of Cambridge, gentleman, doctor of medicine, and regius 
 professor of medicine in the University of Cambridge, had 
 for five years past been a householder and owner of fi-ee- 
 hold lands, tenements and hereditaments in the parish 
 of Chesterton, equal in amount to that of any other 
 parishioner or fireeholder there, and had up to this time 
 no " sedes, seu locus ahquis, sive sedile " convenient and 
 suitable to the quality of a person holding such property. 
 And they prayed that there might be assigned to the said 
 Thomas Lorkyne, alias Larkyne, his wife, and children, 
 
 ac posteros sues firmariu q,, seu Jfirmarios ac assig- 
 natu, seu assignatos suos, soliimodo, segatim, et 
 
 (7r!) Rochester Diocesan Registry, Heff. Sjnr. Roff. a.d. 12S1-1640: 
 It purports to grant a scat in St. Margaret's Church, Rochester, to the pro- 
 prietor of the manor-house of Great Delce in that parish, and is dated 
 IGth May, IC39. 
 
CH. VII. — FACULTIES. 103 
 
 g sese quibuscunqj temporibus futuris existentes, c°°vn 
 locare, sive collocarej commodissime posse in sedi- 
 
 busj seu sedilibus, quibusdam, et loco quodam, ex j-aculty.™ 
 gte boriali dcte Ecclie px' adiacen? ad cancellum 
 (anglice Yoca? the Cbauncell) iBm, ex manu sinistra, 
 ostij quo introitui- in dctam Cancellam iux* gtem et 
 latus sacelli cuiusdam, Ecclia pooh" pred' in quo 
 Joties Batforde geflos^, temge divinof?, sedere et 
 esse consuevit ; continente in longitudine ab oriente 
 occidentem undecim pedes, in latitudine, vero, a 
 boriali gte ad australem, septem pedes. 
 
 Tbereupon the Vicar-General, having maturely deli- 
 berated, assigned and decreed as prayed : and then adds 
 ia order to clinch it : — 
 
 quo magis post hac evitef discordia, Ks, sive con- 
 troversio, a quorum gochiano dcto gochie postea 
 movend*?, ac ut idm p'fatus Thomas Lorkyne ats 
 Larkyne ceterisq, p'dic?, quiete ac pacifice ^dcte 
 assignacoe, et decreto, temgibus futuris quibus- 
 cunqj gaudere possint ac valeant, absq^ vexacoe, 
 molestacoe seu gturbacoe cuiuscunq,, seu quog- 
 cunq, postea, habend seu fiend, gochianis seu 
 inhabitantibus gochie |?d, pubHcand, seu denuciand 
 fore in inscriptf , necnon de et sug {Jmissis, oibus 
 et singulis, unii seu plura, instrumentum seu in- 
 strumenta pubhcfl, seu publica, . . sigiho 
 officii nfi muniend ordin!. 
 
 Then follows a notarial act by the registrar that he had, 
 in pursuance of the above decree, drawn up a public 
 instrument. 
 
 This pew is no longer in existence (Z). 
 
 (I) We are indebted to the Eev. E. A. Smedley, the present vicar, for 
 this information. 
 
104 HISTOET. 
 
 Book I. It is scarcely necessary to point out tliat such a grant 
 
 Invalidity. 
 
 to a man and his family and successors, and his tenants 
 and assignees, and unattached to a house, would be now 
 held invahd, unless (perhaps) as regards himself indi- 
 vidually. 
 
 System ex- There was still some sort of reason why an alderman, as 
 
 tended to other 
 
 classes. a leading man in a parish, should claim, or receive, a seat 
 
 in the chancel. But it was not likely that the line would 
 be drawn immediately below the alderman, nor would those 
 next to him in social position fail to experience with equal 
 keenness the desire for personal dignity, and ease, and com- 
 fort ; especially when, as ecclesiastical feeling diminished, 
 men came to regard themselves less as part of the congrega- 
 tion than iu their own isolated individuality. The inde- 
 pendent English sentiment that " every man's home is his 
 castle" — a desire for exclusive right (m) — would naturally 
 be apphed to seats in church. The result was that a man, 
 looking around him, and observing a convenient vacant 
 space, applied to the Ordinary for permission to build a 
 pew there for himself and family, and his petition was 
 granted, very generally (as it would appear) without proof 
 or inquiry, and very frequently in a form which Eccle- 
 ]5arly siastical Courts hold to be illegal. The earUer facilities 
 
 Eacnlties. 
 
 were very generally for leave to erect seats, and the first 
 example we have met with is at Worcester, and is dated 
 in 1580: the only record of it is as follows(K): — 
 
 Itm vndecimo die Septembris anno diii 1580 p'A 
 emanavit lina (licencia) erigendi sedile in EccHa 
 de Stretton sug fosse. 
 
 (m.) " A poor virgin, sir, an iU favoured thing, 7mt mine own." 
 
 (As tjou liJic it, Act v. scene 4.) 
 (») Worcester Registry, Whitglft, fol. li. 
 
en. VII. — FACULTIES. 
 
 105 
 
 Whether this seat was for the use of an individual, or Book I. 
 
 Ch. VII. 
 for the parish generally, does not appear. 
 
 The book of Decrees and Instruments, commencing in Early Pacul- 
 
 1-11 *'^^^- 
 
 1583, does not contam any example until the next cen- 
 tury (o) ; and the first grant that we have met with iu that 
 Diocese is not till the year 1610 (jb), and then only for 
 leave to erect a seat and occupy it during the Bishop's 
 pleasure. 
 
 Looking to the capital as containing the densest popu- London Dio- 
 cesan Eecords. 
 lation, and as a place where social gradations would be 
 
 most slightly marked, the diocese of London may be fairly 
 assiuned to furnish some of the earliest examples of facul- 
 ties for seats. The records there (q) (which are fully cor- 
 roborated by those of other dioceses) have been always 
 very carefully entered, and remaia in admirable preserva- 
 tion ; an analysis is, therefore, practicable ; and from the 
 thirty-three earhest examples there may be deduced various 
 facts having an important bearing upon our subject. 
 
 The existing books extend back to 1520. In addition to Variety of 
 
 nn • T A ■ T Faculties. 
 
 Decrees, Faculties, and official Acts immediately concern- 
 ing the parochial clergy, and parish clerks, they comprise 
 a considerable variety of subjects ; such as licences 
 
 to preach, 
 
 to act as chaplain, 
 
 to keep a school, 
 
 to teach grammar, 
 
 to act as midwife, 
 
 to bury a suicide or excommunicated person, 
 
 (o) Worcester Registry, Vol. of Decrees and Instruments. 
 (p) "Worcester Kegistry, Sullingham; fol. Ixxxxvi. 
 {q) London Diocesan Registry, M,cai--GcneraVs Books. 
 
106 
 
 HISTORY. 
 
 Book I. 
 Ch. VII. 
 
 Variety of 
 Faculties. 
 
 Why 159-1 
 believed to be 
 the earliest. 
 
 to bury a Papist (later), 
 
 to baptise 2 Moors, 
 
 to eat flesh in Lent, 
 
 to resort to other than the parish church ; 
 
 and in relation to the fabric — such as 
 to cover the church with tile, 
 to renew the font, 
 to take down a gallery, 
 to take down one church of united parishes, 
 and a formal note of the donation of a new chalice. 
 
 This Hst is by no means exhaustive, but will sufS.ce to 
 show the variety and number of matters upon which the 
 official grant, or sanction of the Vicar- General, acting in 
 the name of the Bishop, was made and formally recorded 
 and attested. It cannot, with the slightest reason, be 
 supposed that a faculty or grant of a seat, or particular 
 part of a church, would have been made and not entered : 
 the order and system with which the records are entered, 
 in a form and style evidently settled long antecedently, 
 would alone suffice to negative such an idea. When, there- 
 fore, we find that the earliest entry respecting any faculty 
 for a seat or place in church, occurs in 1594, the inference 
 that that faculty was the earhest granted by the Court is 
 unavoidable. Possibly on an examination of the records 
 of other dioceses, examples somewhat earfier might be 
 discovered, such as that at Ely, just mentioned ; but we are 
 fiilly justified by the examination of these records of the 
 diocese of the metropolis, ia asserting that such faculties 
 were not granted until quite the latter part of the sixteenth 
 century. Were other ground needed, it is furnished by au 
 analysis of the earlier London cases, fi.'om which it is 
 
CH. VII. — FACULTIES. 107 
 
 evident that the subject was a new one, and for a long time Book I. 
 afterwards there was no order or system upon which these 
 
 grants were made. It may also be noted that there is no Licences, 
 form of faculty for seats, nor is the subject even mentioned, 
 in the formulary entitled "A Boohe of Presidents exactly 
 loritten in manner of a Register, newlie corrected, &c.: 
 Anno Domini 1583," and published by the Assignee of 
 Richard Tottle (r); although the collection of forms is 
 sufficiently extensive to embrace such as — 
 
 A licence for a man to kepe on his cappe. 
 
 A licence for appareU, and to shoote in crossbowes, 
 and handgonnes. 
 
 A condicyon to deliver a last of Salmon. 
 Nor is the subject mentioned ia a weU-known work by 
 W. West, published in 1594, entitled " SymlolcBoc/rapJiy ; 
 which may be termed the art, description, or image of 
 Instruments, or pateme of Presidents ; or the Notary, or 
 Scrivener" (s). 
 
 When once the com-t had established a precedent, ap- Rapid increase 
 
 of Faculties 
 
 plications for similar grants were soon made, and a regular for Pews, 
 stream commenced, which iu some dioceses has hardly yet 
 ceased to flow. 
 
 In 1594 was 1 grant. In 1612 were 4 grants. 
 
 „ 1595 were 2 grants. „ 1613 was 1 grant. 
 
 „ 1598 „ 2 „ „ 1614 „ 1 „ 
 
 „ 1602 was 1 grant. „ 1615 were 4 grants. 
 
 „ 1609 were 3 grants. ,,1616 „ 5 „ 
 
 „ 1610 „ 2 „ „ 1617 „ 5 „ 
 
 „ 1611 „ 2 „ 
 
 Thus we see that although previous to 1594 no such 
 
 (r) A BooJie of Presidents, ^-c., ICmo., Lond. 15S3. 
 (s) SymholcEorjrapliy, 8vo., Lond. 1591. 
 
108 HISTORY. 
 
 Book I. grant was made at all in the diocese of London, yet in the 
 
 Ch. VII. °, ^ ■, T 
 
 first 23 years firom that date there were 33 grants ; and 
 
 afterwards they became much more numerous. 
 
 AfEecting the Of the grants which we haye specially noted from their 
 paj-ish slightly. , . , ,. . , - • / i 
 
 bemg the earnest m date, a large proportion (about two- 
 thirds) were probably only slightly in derogation of the 
 rights of the congregation as then existing ; but they were 
 to enable persons of position in the parish to build seats 
 for the accommodation of themselyes, or of themselves and 
 families ; or to confirm to them the exclusive use of seats 
 which they had themselves already built without authori- 
 zation (f) : in other words, to turn to good account space 
 left vacant in the church, and not to appropriate to indi- 
 viduals, or families, the existing general seats to which the 
 parishioners at large were equally entitled. Often it is so 
 expressed, and in other cases it will reasonably be inferred. 
 And this arrangement continued for some time, as in an 
 example at St. Dyonis Backchurch, London, 1652, where 
 the vestry granted 2 pews to a Mr. Polling, who said — 
 
 he wold willingly of his owne cost and charge make 
 one compleat pue, provided that the vestrie wold 
 be pleased to graimt that it might be for his owne 
 use ; and being taken into considderation it was 
 voted that he shold have the said pues for his owne 
 proper use duriag the time that he lives in the 
 house where now is his present habitation" (m). 
 
 The mischief at the time was rather in theory than in 
 practice. 
 
 (<) In the earliest faculty set oat in full in the Diocesan Records of 
 Worcester, dated IGIO, leave is given to erect, but the right of future 
 appropriation is reserved by the Bishop to himself and successors. Eeg. 
 BuUingliam, fol. Ixxxxvi. 
 
 (h) St. Dyonis Backchurch, Vesiry Minute Book. 
 
CH. YII. — FACULTIES. 109 
 
 It is observable that tbe grants were made, in almost Book I. 
 
 ,. . T • ■■ Ch. vn. 
 
 every example, upon an ex parte application, and. entu-ely 
 
 ■^ . Made on ex 
 
 upon the unconfirmed statement of the applicant, (not even parte applica^ 
 
 on oath,) who generally, but not always, alleged that the 
 parson and wardens, or the wardens, or the principal pa- 
 rishioners, were assenting. There is no indication of any 
 notice to the parish at large having been given in any 
 case ; but the reason probably was that (with an exception 
 or two) no individual was interfered with. Such appHca- 
 tion and statement were treated as legal evidence upon 
 which to ground the issue of a Faculty. 
 
 The claim of the churchwardens to appoint to every Seats ap- 
 one where he must sit in the church would appear in the chnrch- 
 diocese of Ely to have been first enforced in 1605 and ^^^ *^°^' 
 1606, when persons were presented at the visitation of 
 the Archdeacon of Ely (x) ; and amongst others, one 
 Launcelot Eidley, 
 
 for that he will not be ordered for his seate in church, 
 being appointed by the churchwardens : 
 
 and being interrogated on the next court day whether he 
 had so done : — 
 
 Dixit, that he hath not nor doth sit in it. Where- 
 fore 
 
 he was pronounced in contempt, and suspended ab ingressu 
 ecclesicB ; rather a singular punishment, but no doabt a 
 very effectual means of preventiag a repetition of the 
 offence. 
 
 Such presentments do not appear to^have been made in 
 
 (x) Ely Registry, Acta ex officio mero, lGOO-5, fols. IxxxTJii. and 
 Ixxxviiii. 
 
no 
 
 HISTORY. 
 
 Book I. 
 
 ch. vn. 
 
 Seats ap- 
 pointed by 
 church- 
 ■wardens. 
 
 Seating ac- 
 cording to 
 degree. 
 
 the adjoining diocese of Peterborough (?/), although the 
 Act-books embrace a very wide range of offences : against 
 clergy for performing marriages without Hcencej not wear- 
 ing a surplice, and not preaching monthly sermons ; against 
 churchwardens for not keeping. the church in repair, and 
 for brawling in church ; against others for not receiviag 
 the Communion, not resorting to theic parish church, not 
 paying levy to the church, for sleeping in church ia service 
 time, for slander, swearing and blasphemy, scolding, 
 abusing the vicar, deferring marriage after banns had 
 been pubhshed, fornication, frequenting alehouses and 
 often drunk, using unlawful games or washing clothes on 
 the Sabbath Day, and for being a recusant. 
 
 The earhest mention we have met with of seating the 
 parishioners according to their degree, under any show of 
 authority (unless we except the remarks by the Judge of 
 the Common-law court in 1493, as to what he supposed 
 the ordinary might do, and in which he probably meant 
 only to distinguish the two or three great men from the 
 rest of the parishioners), occurs in the year 1577 (z), but it 
 seems to stand alone for a considerable time. It happened 
 at the union of the parishes of AU Saints and St. Peter, 
 Maldon, Essex, when (as it wiU be seen) with the consent 
 of the churchwardens, the court, held at PrittleweU (a) : 
 
 did order and decree, that the churchwardens of St. 
 Peter's should cause and procure the parishners 
 
 (y) Peterborongt Eegistry ; JRer/istrum, Stamford; Court Booli, &c. 
 
 («) The orders of certain gentlemen of the parish of Eccles, in 1595, 
 previously quoted, do not pretend to OTen a show of authority. 
 
 (a) Precedents and, Proceedings in Oriminal Causes in tlie Ecclesi- 
 astical Courts of the Diocese of London, edited by the late Archdeacon 
 Hale, No. 479, p. 158. 
 
CH. Til.— FACULTIES. HI 
 
 there to repaire orderly to the parishe church of Book I. 
 All SainteSj one Sondaies and hollidaies, as the 
 
 parishners of All Saintes : and that the church- f-ccordiag to 
 • . . . , . degree, 
 
 wardens of either parishe, shold joyne together m 
 
 all matters and cause whatsoever, and everie 
 
 parishner to be plased accordinge to his degree ; 
 
 the churchwardens of either parishe agreed to the 
 
 order. 
 
 Thus the system of giving ecclesiastical privileges ac- Importance of 
 
 the point, 
 cording to social rank — at first only to the disadvantage, 
 
 and now usually to the exclusion, of many, and frequently 
 of an immense majority of the parishioners who had pre- 
 viously enjoyed an unquestioned right equal vdth those 
 now specially favoured, — gradually and unconsciously at- 
 tained that consideration which it now enjoys. Its precise 
 origia and its development were unnoticed, until at a 
 recent date the subject has attracted attention, and ifc now 
 is seen to be of vast, and it may shortly prove to be of 
 vital, importance to the whole Chizrch of England. 
 
 The grounds alleged as the basis for the application, Gronnds 
 
 Q 1 1 p p'pM TOT* 
 
 and upon which these Faculties were granted, were most Pacnlties. 
 commonly that the applicant had been for some time a 
 parishioner, but had not yet any suitable seat — "habito 
 respectu condigno status et condiconis'' (b), or, " without 
 anie seate fit and convenient according to their degrees and 
 places" (c). A twenty years' residence was set up in one 
 case {d) ; and at St. Martin Orgar (e). Sir John Garrard, 
 
 (5) Little Baddow; Vicar- General's BooJis, Vol. X. fols. Ixxxyii and 
 IxxxxTiiii. 
 
 (o) Stepney; Ibid. Vol. XI. fol. clxxxxii. 
 
 (^d) St. Botolph without Bishopsgate ; Ibid. Vol. XI. fol. xviii. 
 
 (e) St. Martin Orgar; Ibid. Vol. XII. fol. xxvii. 
 
112 HISTORY. 
 
 Book I. knight and alderman, the applicant, alleged that he had 
 Ch VII . . 
 '■ '■ — been a parishioner for forty years and all that time had 
 
 possession of a certain pew or seat for his wife and daugh- 
 ters or other gentlewomen, and he flirtlier alleged that he 
 had a fair house in the parish and intended to leave it to 
 his son and heir, with a complete estate to maintain it ; 
 and the seat was accordingly granted by the Faculty to 
 him and his children succeeding him as dwellers in the 
 said house. At other times it was stated by the applicant 
 that he had built the seat at great expence ; in other cases 
 the grant is asked for as a kind of restoration. 
 Faculties These instruments appeared under various names, not 
 
 various names, always exact or definite in their meaning. Thus, the 
 heading in the St. Alban's case (_/) runs thus : — 
 
 Negotiu continuacbis sedium sive sediliu | Quibus die 
 pro Jacobo Carter et Johanne eius | et loco cora 
 uxore in eccha pochi divi Albani infra \ d c o v e n- 
 viUam Divi Albani in com Hertford /abile viro 
 ad peticoem sive pmocoem ipsius I (i.e. Edward 
 Jacobi Carter. j Stanhope, 
 
 Doctor of Laws, the Vicar- 
 General) comparuit gsonale dcus Jacobus, 
 
 &c. 
 
 It win be observed that his right to the seats was simply 
 that of having taken possession ; so it is termed a business 
 of continuing to him the seats. In other cases it is termed 
 sometimes a business of assigning and confirming, or of 
 confirming, granting and appointing ; at other times it is 
 called the grant of letters testimonial ; and more frequently 
 
 (/) St. Albau's Abbey; London, Vicar-GencraVs JBoolts, Vol. VI. fol. 
 clxxxv. 
 
CH. VII. — FACULTIES. 113 
 
 it professes to be a licence, or the grant and concession of Book I. 
 
 • r. ■, Ch. VII. 
 certain seats or sites for them. 
 
 Faculties 
 
 In a proportion of these cases the grant is a kind of under various 
 
 names, 
 restoration, to the present owner of a house ia the parish, 
 
 of rights which had been anciently possessed by the owners 
 
 of that house : pointing to the rights reserved to himself 
 
 by a lord of the manor, or founder of the church. 
 
 In one example {g'), a clergyman and his wife obtained On transparent 
 
 pretence, 
 two pews, one of them on a transparent pretence. They 
 
 alleged that he had lately purchased an ancient house in 
 
 the parish called " Bells," 
 
 where (by reason of the scituation and ayre) she for 
 her healthes sake for five monethes past, and he 
 also doe sometymes dwell ; 
 
 and not having a convenient seat, and there " also wanting 
 a seat for women who came after Childbirth to give God 
 thanks ;" they ofiered to build, in a void place, a seat for 
 themselves and one for such women. So a faculty was 
 granted to them for leave to build two pews, one for them- 
 selves and one for their servants, but the servants to remove 
 out and give place to the women coming as aforesaid, and 
 such women as accompany them, possibly some half-dozen 
 times in the course of the year. Thus, with a show of 
 providing occasional additional accommodation to a part 
 of the parishioners, they acquired two new pews for them- 
 selves and servants. One would scarcely expect so pal- 
 pable a sham. 
 
 In a considerable majority of cases a reminiscence of the Granted to 
 • •! c 1 • T T 1 T n persons of 
 
 privileges from early tunes accorded to the patron, or lord, position. 
 
 or other parishioner of eminent position, enlarged to em- 
 
 {g) Tailing; London, Vicar- General's Books, Vol. XI. fol. ccviiii. 
 H. VOL. I. I 
 
114 HISTORY. 
 
 Book I. brace the persons of chief position in the parish, is clearly 
 
 '. ! perceptible. The earliest Faculty famishes an example. 
 
 persons of ^^ i^ that referring to St. Alban's Abbey (h), ia 1594. The 
 position. apphcant alleged that he had for five years, without ob- 
 
 jection, had his accustomed place on the one side of the 
 church, immediately behind the mayor, and that his wife 
 had occupied a front seat on the opposite side, but that 
 notwithstanding, 
 
 nonnuUi eo non voca? nee aliqua iusta et sufficien! 
 causa allegata et pba? quare dcus Jacobus (the 
 applicant) et eius uxor a suis sedilibus amovere 
 debeant, public^ Jactitaverunt, professi sunt, et 
 dixerunt se veUe amovere predf, in derogacoem 
 bone et honeste fame dee Jacobi et Johanne uxoris 
 sue. 
 
 That they must have been persons of the highest position 
 in the place is evident from the fact that they should for 
 so long, without dispute, have been permitted to arrogate 
 to themselves the exclusive use of two of the most dignified 
 seats in the chm-ch. The faculty simply gave them a pos- 
 sessory right tUl cause should be shown to the contrary. 
 In other cases the grantee is a knight or lady, an esquire 
 or gentleman ; in the city an alderman. In one example 
 (at Theydon Gemon[i], 1616) the bishop, as patron in 
 right of his dignity, grants seats to his chancellor (a 
 parishioner), who formally issues the faculty to himself 
 and wife. 
 To man and The grants are usually to a man and Ms family. Or 
 
 s ami y, c. ^-^^^ YfBve made to him and his family and household, but 
 
 (/i) St. Alban's; London, Vicar- General's Boolis, Vol. VI. fcl. clxxxr. 
 (i) Theydon Gernon; VAd. Vol. XII, fol, xx. 
 
CH. VII. — FACULTIES. 115 
 
 for what period of time is seldom expressed; and tlie rea- Book I. 
 
 Ch. VII. 
 sonable interpretation is that it intended the grantee and ' — 
 
 . . To man and 
 
 his immediate family, without extending to his more re- his family, &c. 
 mote descendants. Still it may probably have been in con- 
 sequence of no lim it, of time being fixed that the grantee 
 came to look upon the pew or seat as an absolute posses- 
 sion which descended to his heirs or assigns, and subse- 
 quently attained a pecuniary value as an adjunct to a house, 
 or even otherwise saleable. 
 
 But ia some cases the Court did fix an express limita- Sometimes 
 tion to the period of possession. In the first faculty m limited, 
 the diocese of London (the St. Alban's case), the grant 
 was simply one of peaceable possession till cause to the 
 contrary was shown to the Court ; the earliest faculty in 
 the Diocese of Worcester, dated 1610 (A), expressly re- 
 serves to the Bishop and his successors full power to re- 
 move the seat, the permission to erect which was the 
 object of the faculty. Sometimes it was only to endure 
 whilst the grantee continued to be a parishioner ; and in 
 one case {I), where the apphcants were three in number, 
 the seats were confirmed to them " so long as you and every 
 of you or any of you shaU. be parishioners." In other Various 
 examples it is limited to continuance as inhabitant of a 
 specified house, or it is granted on the ground of its 
 having been an ancient appurtenance to the house. Occa- 
 sionally it is to take effect only during the pleasure of 
 the churchwardens, or the grantee is hable to displace- 
 
 (i) Ecclesia sive Capella de Ullenhall ais Ownall ; Worcester Registry; 
 Reg. Bullingham and others, fol. IxxxxTi. 
 
 (V) St. Mary Strond al' Savoy, 1617; Vicar- General's Boolis, Mai-ten, 
 fol. xxix. 
 
 I 2 
 
116 
 
 HISTOET. 
 
 Book I. 
 
 ch. vn. 
 
 Various 
 limitations. 
 
 Consents 
 aUeged. 
 
 Pacnlties 
 granted with- 
 out system. 
 
 ment with the consent of the court and the rector and 
 other parishioners. 
 
 More frequently the grant is made to the applicant and 
 his wife, and the survivor of them ; or to him and his 
 wife and children (jointly and severally in one case (jn)); 
 or to him and his family ; or to his wife and her female 
 friends. Most usually it is to the applicant and his family 
 and household, without any apparent intention of grant- 
 ing it as a permanent privilege. 
 
 With respect to consents which were generally alleged 
 in the application, it would appear that in the case of seats 
 in the chancel, it was generally stated that the parson or 
 appropriator was consenting. For seats in the nave it is 
 most fi-equently mentioned that the parson and wardens 
 assented ; sometimes the wardens alone are specified ; 
 sometimes the wardens and principal parishioners; or even 
 the parishioners alone ; occasionally the vestry : and in 
 one case, previously mentioned, the vestry set up a claim 
 to the right in exclusion of the ordinary. 
 
 The absence of any system in making these early 
 grants will thus be seen. There appeared to be a general 
 idea that vacant spaces should be permitted to be occupied ; 
 that seats formerly possessed by the owner of an ancient 
 house should be restored to its present owner (though only 
 owner by purchase) ; that persons of position should have 
 a preference ; that long possession should not hghtly be 
 disturbed ; that consent of somebody should be alleged ; 
 that, except in the few disputed cases, no evidence what- 
 ever was necessary; that no one appeared to be damnified. 
 
 (m) St. Clement Danes, 1695; f^car- General's Books, Vol. VI. fol. 
 ccxliii. 
 
en. VII. — FACULTIES. 117 
 
 Beyond tMs there was no rule or principle. In fact so Book I. 
 
 No rule. 
 
 great was the laxity, that in one case (n), permission was 
 given to move all the other pews fiirther down, but still 
 with a stipulation that they should not be diminished nor 
 the aisle defaced. In another (o), the appHcant, a widow, 
 was decreed to be restored to the " uppermost roome" in the 
 pew, as before, and her husband's place also to be restored 
 if she should marry. In another case {p), the Court 
 directed the churchwardens to place " Mr. Church his 
 daughters, when God should send them him, in the said 
 third seat." 
 
 Very generally seats were granted for the benefit of in- Occasionally 
 dividuals, but there are a few examples of faculties for a generally. 
 general arrangement of seats in a part or the whole of the 
 church ; as at Watford (g), where the Vicar-General 
 issued a commission to the vicar and wardens " to take 
 vewe of all the sef'raU and pticular decaies, ruines, and 
 defects in the said church f of the waUes, windowes, 
 pewes, and seats therein," and to rate and tax the 
 parishioners : " And also to appoint fitt and convenient 
 seats, pewes or places to all and everie the pisheners of the 
 same pish." It will be observed that all and every the 
 parishioners were to have seats. 
 
 For the church of Hadham, Essex, a commission was Hadham. 
 issued VQ. 1602 (?•), addressed to " Theophilous Aylmer, 
 Docto"' in divinitie. Archdeacon of London and p'son of 
 
 (ra) Great Warley; London, Vicar- General' s Books, Vol. VI. fol. 
 ccxxviii. 
 
 (o) Theydon Gemon ; Ibid. Vol. XII. fol. xx. 
 
 Ip) Earle's Colne ; Ibid. Vol. SII. fol. sxxviiii. 
 
 ((^) Watford; London, Vicar- GeiieraV s Boolis, Vol. XII. fols. xxxvii 
 and cclvii. 
 
 (7') Hadbam, Essex, 1602; Ibid. Vol. IX. fol. Ixiiii. 
 
118 
 
 HISTORY. 
 
 Book I. liadham in the Countie of Harts," and tte four churcli- 
 '■ '- — wardens, consequent upon a complaint of disorder, for 
 
 Church- 
 wardens of tnat — 
 Hadham. 
 
 boyes and younge men doe place themselves very dis- 
 orderly amongest the aunscient sort of gishionls 
 ther, and bothe women and men, maydens and 
 mens wives, promiscue, sitt together, bothe to the 
 offence and disturbance of the congregation assem- 
 bled at publiqe prayer. For reformation whearof, 
 &c. 
 
 From this it would appear that the churchwardens here 
 claimed no right to regulate the sittings; for, had they 
 possessed such a right, the faculty, conferring no new 
 power, would have been useless ; the remedy for refusing 
 to obey them, if they were entitled to regulate the sittiags, 
 would have been the same as for disregard of the faculty, 
 viz., by presenting the offenders at the next visitation, or 
 by citing them to answer in the Ecclesiastical Court. 
 Hackney case. And an instance of rents is presented in the case of 
 Hackney Church, 1598 (s), so singular and unique that it 
 requires some explanation not now forthcoming : one can 
 only imagine that nemine contradicente, the Vicar-General 
 took into his consideration the petition of the parochial 
 authorities. Beginning with the usual form of heading — 
 On Wednesday the 12th December, 1598, before the 
 Venerable Edward Stanhope, Doctor of Laws, Vicar- 
 General, and in the presence of Thomas PeU, Notary 
 Public, — the formal Act runs as follows : — 
 
 Quibus die et loco, comparuerunt mri Johnson (t), 
 
 (s) Hackney; Vioar- General' s Boohs, Vol. VIH. fol. Ixxxxij. 
 (i) Hugh Johnson was vicar of Hackney for forty years, according to 
 Eobinson in his History of Hackney (Vol. II. p. 157); the date of his 
 
CH. VII. — FACULTIES. 119 
 
 et JoBes Sweete, et Edwardus Makeris, et exhibue- Book i. 
 runt domino Judicanti quendam librum, intitula? 
 
 the vesterj booke, in quo, inter cetera, continentur hackney case. 
 ut sequitur. The names of the parishioners that 
 are agreed at a vestry howlden on the seaventh 
 daye of December 1595 in and conceminge a cess- 
 ment to be made for the pewes w'''' is for the main- 
 tenaunceofthe churche asfoUoweth — JohnMachill, 
 Hughe Johnson, and others the parishioners, to 
 the number of 32 or 33, whose names are to the 
 said booke subscribed ; Deinde dicti Mr. Johnson 
 et gardiani iam gntes virtute dci actus, sic p eos 
 interpositi, exhibuerunt diio judicanti quandam 
 papiri schedulam continente the plattforme of the 
 Churche of Hackney aforesaid, and of all the 
 sefall pewes in the said Churche conteyaed, to- 
 geather w"^ a gticular ratement of every pewe what 
 itt is sett att by the yeare ; the w*^' ratement the 
 said Mr. Johnson and the Churchwardens doe 
 desire that, by the authoritie of his Courte, may be 
 allowed; w"'' beinge perused by the Judge, for 
 that some of the yearely seassemente for the said 
 pewes doe seeme unto him to be very greate, the 
 iudge doth order that they shall take the said platt- 
 forme again, and shall drawe a new one, and shall 
 call a Vestry, whereatt the said Mr. Johnson, the 
 Churchwardens, the Justices of peace that dwell 
 in the parishe, and soe many as doe use coinonly to 
 be att vesteryes, shall be gnte ; w*^"" said vesterye 
 shall be warned againste Sundaye next, and then 
 those that shall be att the said vestrye shall make 
 
 institution is not given in Newconrt's Mepertorium (Vol. I. p. 620). It 
 may be presumed that he was held in esteem as a preacher from the fact 
 that upon his monumental Brass, still preserved in Hackney Church, he is 
 represented in his pulpit. The brass may have been, as was often the case, 
 engraved in his lifetime. 
 
120 
 
 HISTOET. 
 
 Book I. a survey of all the said pewes in ther Cliurche 
 
 . '. '. — accordinge unto the platP, and shall sett downe such 
 
 Hackney case. moderate rate as to them shall seme convenient, 
 
 uppon everye pewe ; and shall putt their handes 
 uppon the back side of the said plat?, and exhibit 
 unto the Judge of this Courte uppon Tewsdayenext, 
 who will then take such order for the confirminge 
 therof as shall be fitt. 
 
 Notwithstanding this nothing further seems to have 
 been done. 
 Eapid increase. One example naturally led to another : thus Edmon- 
 ton (m) is followed three years later by Enfield (x) : Little 
 Baddow(y) by Great Baddow («); a grant for S. Swithin, 
 London Stone (a), is followed two years later by a second; 
 and there are two for Theydon Gemon(J) in the same 
 year. 
 
 Eight out of thirty-three are for London parishes. 
 
 A considerable proportion of these faculties commenced 
 in usurpation. The apphcants had already built pews 
 before they came to the Court, and their object was to obtain 
 authorization, not for what they desired to do, but to confirm 
 to them what they had illegally taken : and it may reason- 
 ably be inferred that a comparatively small proportion of the 
 usurpers would voluntarily incur the trouble and expense 
 of applying for an ex post facto legahzation, even if there 
 were no risk of a refusal. And that such usm-pation 
 
 Commence- 
 ment in 
 usurpation. 
 
 (j(.) Edmonton ; Vicar-GeneraVs Boohs, Vol. X. fol. Ixxxiiii. 
 (a) Enfield ; Ibid. Vol. XI. fol. xlv. 
 
 (y) Little Baddow; Ibid. Vol. X. fols. Ixxxvii and Ixxxxyiiii. 
 (s) Great Baddow; Ibid. Vol. XI. fol. Ixxxv. 
 
 («) St. Swithin, London Stone ; Ibid. Vol. X. fol. cxxvii and Vol. XI. 
 fol. Ixxxx. 
 
 (V) Theydon Gernon ; Ibid. Vol. XII. fols. iii and xx. 
 
CH. VII. — FACULTIES. 121 
 
 ■was frequent appears amongst other evidence, from Bishop cmYli. 
 (then Archdeacon) Cosia's JSast Riding Visitation Ar- yisA&tiou 
 ficZes in 1627(c):- ^''^'''^^'■ 
 
 Be there any new pews or seats erected in your 
 Church, or Chancel, in places where none were 
 before, or old altered, or taken away. By whom, 
 and hy what authority? 
 
 Then in Bishop Wren's Visitation Articles in 1636 (rf): — 
 
 Hath any private man, or men, of his or their owne 
 authority (for ought you know) erected any Pewes, 
 or builded any new Seats in your chm-ch ? And 
 what Pewes or Seats have been of late yeares 
 new built, by whose procurement, and by whose 
 authority ? 
 
 And still later by Bishop Burnet's Visitation Articles in 
 1692 (e): — 
 
 Is there any strife or contention among any of your 
 Parish for their Pewes or Seats in yoxu: Church ? 
 Have any new Pews been erected in your chancel, 
 or VQ. the Body of your church or chappel, without 
 leave fi-om the Ordinary ? 
 
 The separation of sexes, which is the greatest, if not the Bar to appro- 
 only bar to an appropriation of seats iu countries where the 
 churches are fitted with fixed seats throughout, was usual 
 at the period, as appears iu about one-half of the early 
 cases of faculties, either iu the grant itself or fi-om re- 
 ferences contained in it ; and so also iu the permission 
 
 (o) East Riding Visitation Articles, 1627; Cosin's Works, Library 
 of Anglo- Catholic Tlieology, Vol. II. p. 3. 
 
 {d) Bishop Wren's Norwich Visitation Articles ,\fi2,^, Cap. III. sec. 12. 
 (e) Bishop Burnet's Sarvm, Wsitation Articles, 1C92, Tit. IV. sec. 12. 
 
122 HISTORY. 
 
 Book I. purporting to be accorded by tbe Aldgate vestry in 1 5 8 7 (y); 
 
 r more than once the application for a faculty was made 
 
 Bar to appro- ^ '■ •' _ 
 
 priation. professedly on the ground of inconveniences arising from 
 
 promiscuous occupation of seats. 
 
 Faculty to The system of faculties as aifecting church seats has 
 
 prevent appro- _ . . ^ 
 
 priation. been lately, as it were, turned against itself One was 
 
 issued by the Bishop of Lichfield in 1870 (ff), reciting a 
 representation made on behalf of the Vicar and Wardens 
 of "Wirksworth, Derbyshire, in that diocese, based upon a 
 resolution of vestry, desiring that " all sittings, of what- 
 ever kuid, now in the church, or to be placed therein, 
 consequent upon the restoration thereof, should be wholly 
 free and unappropriated;" and granting a licence or faculty 
 in accordance with the petition. 
 
 (/) Aldgate, Parisli Clerk's Booh, 1587. 
 (g) Cliurcli of the Peojjle, Sept. 1870. 
 
( 123 ) 
 
 CHAPTEE VIII. 
 
 CHANTRY CHAPELS. 
 
 . Book I. 
 
 ~* Ch. VIII. 
 
 It is a somewhat singular fact that until the date of the No old pews 
 
 Reformation no ancient pews are discoyered ia the localities try chapels. 
 
 where, especiaUy, one would look for them — viz., in 
 
 chantries, or private chapels, forming part of parish 
 
 churches, and commonly buUt as an addition to the church, 
 
 by the founder of the church, or some other great person, 
 
 for the exclusive use of his family for the purpose of 
 
 worship and burial ; and notwithstanding that a very large 
 
 nvunber of such chantries or chapels remain as private 
 
 property to this day. Here the earHest pews might be 
 
 expected to have been erected, and here they would be 
 
 most hkely to remain uninjured, especially as the wealth of 
 
 the owners would have caused them to be richly -wrought 
 
 and of the most substantial workmanship. And yet such 
 
 is not the case. Instances of such an arrangement may 
 
 indeed be found, and those not of seats in a private chapel, 
 
 but in a public chapel; as in the parish accounts of 
 
 St. Michael, ComhiU :— 
 
 1474 (a). Payde for niakyng of the pui/s in Lady chapel. 
 
 cure Lady ChappeH . . xiij^ 
 
 1559 (b). Paide for mendinge of a Pewe in 
 
 the Chappell of o' Ladie . xv)** 
 
 (a) Cornhill Accounts, y. 55; also Arclueological Association Journal, 
 Vol. XXIII. p. 325. 
 (S) Ibid. p. Ii7. 
 
124 HISTORY. 
 
 R)OK^ 1520. In tlie WiU of Gjffiray Gough, Yeoman of the 
 
 Lady chapeL 
 
 Guard (e), lie directs — 
 
 my body to be buried in ertb at my pew dore within 
 our Lady Chapell of my parisli cburcli of Mary 
 Magdalen (St. Mary Overy) aforesaid. 
 
 Pews in chan- At the time of the Reformation, under the plea of 
 
 tries after date ,.,. ^-, „, . ■ -, ■• 
 
 of Keforma- Superstitious uses, the revenues oi chantries were seized by 
 the crown ; and partly on that account, and partly on 
 account of the change in religious sentiment, they ceased 
 to serve their original purpose ; it was therefore to be ex- 
 pected that they would be in many instances added to the 
 area of the church as available for the parishioners gene- 
 rally. This is clearly seen in the Ludlow accounts (c? ) : — 
 
 1549. E.ec. of Thomas Beadow wif for a 
 
 pew rowme wher Bewpie's chancell 
 
 was ...... xviij'' 
 
 Item, rec. of John Newton for the 
 grounde that his pew standes on, 
 wher Cooke's chanceUe w^as . xvj'' 
 
 Item, rec. of hym for tymber to make 
 
 the pew ..... ij' 
 
 1550. Payd to John Lyngam for iiij days 
 
 worke after viij'' a day for movinge 
 the pilpett and makynge seetes by 
 the Trynitye chanceHe . . ij^ iiij* 
 
 Item, payd to his ij men for iiij dayes 
 
 workyn ther .... iiij' 
 
 Item, paid to William Gers & Roger 
 
 (c) Pormerly in the church chest at Kingston, Surrey ; Surrey Archai- 
 ological Collections, Vol. I. p. 184. 
 
 {d) Ludloro Cliurcliwardens' Accounts, Camden Society, Vol. CII. p. 
 40 ct seq. 
 
CH. VIII. — CHANTRY CHAPELS. 125 
 
 Swyft for makynge of the pewis by t^'^TT, 
 
 the rode chauncelle for vj dais 
 
 after vij'' the day. . . . vij' 
 
 These are followed by a large number of allotments, all 
 at a very remunerative profit for the moment. 
 
 Such chantries were occasionally termed closets, evi- Chantries 
 dently firom the screen, or parclose, with which the chantry 
 was closed in. The followiag examples of this use of the 
 term " closet" will suffice : — 
 
 1479. The wiU of Janet CaudeU, widow (e), directs — 
 
 To be beried withia the closett of Seynt Anne, in my 
 parissh chirch of Seint Sampson in the Citee of 
 York. 
 
 1491. The will ofAnne Beverley, Widow and Vowess(/), 
 directs her burial — 
 
 in ecclesia Omnium Sanctorum super Pavimentum, 
 in quodam clauso, vocato ibidem a closett, ubi 
 corpus mariti mei requiescit. 
 
 1554. The Chantry EoUs ( ^) mention — 
 
 The Closet of Sayat Nycholas called Trafforde 
 ChapeU w'hin the joche Churche biforsaid (Man- 
 chester). 
 
 1571. John Talbot, of Thomton-le- Street, Yorks(A), 
 by his will, directs — 
 
 my bodye to be buried w*in the p>she church of 
 thometon in the strett, ia the closyd, or pew, wh'in 
 I use to sitt. 
 
 (e) Cornliill Accounts, p. 147. 
 
 (/) Testamenta Ehoracensia, Surtees Society, Vol. III. p. 197, n. 
 {g) History of the Cliantries, Chetham Society, Vol. T.rv p. 32. 
 (A) Surtees Society, Wills and Inventories, p. 369, 
 
126 
 
 HISXOET. 
 
 Book I. 
 Ch. vm. 
 
 Pews called 
 closets. 
 
 1577. TKe Tvill of Christopher Wivell, of Burton Con- 
 stable, YorkSj Esquire (z), directs — 
 
 my bodye to be buried in my closed within y" parish 
 church of Massam in y" said countie of York, if 
 yt shall happen me to dye either within y"= said 
 parish of Massam or parishe of FyngaU within y* 
 said countie of York. 
 
 1638-62. Bishop "Wren's Visitation Articles for Nor- 
 wich in 1638, and Ely in 1662 (A), inquire — 
 
 Are there any privy closets, or close pewes, in your 
 church ? 
 
 Even at the present day the Eoyal apartment in the 
 chapels of the Queen's palaces is termed "a closet." 
 
 (i) Riclimondslnre Wills and Inventories, Snrtees Society, p. 270. 
 (A) Bishop Wren's JVbrmicA Visitation Articles, Cap. III. sec. 13; and 
 Ulj/, Cap. III. sec. 16. 
 
 ■«^^eyCr><;o-<::>s^^-^ 
 
( 127 ) 
 
 CHAPTEE IX. 
 
 SEPARATION OF SEXES, AND GENERAL OCCUPANCY. 
 
 — ♦— Book I. 
 
 Ch. IX. 
 
 The following examples of occupancy, beginning at an Early seats for 
 early date (and taken, as they came, without selection — 
 except so far as to avoid repeating extracts given in 
 the earlier part of this work), probably at first refer to 
 a mere occupancy of habit; most are for seats for women, 
 as in the cases of Assheton-under-Lyne, Ludlow, St. Mar- 
 garet "Westminster, and St. Michael Friday Street ; and 
 some, certainly, and some others probably, refer to private 
 chapels. 
 
 And here it may be desirable to advert to the system Separation of 
 
 n . /. . , 1 . , . T • sexes very 
 
 01 separation oi sexes in public worship, it is a system ancient, 
 which descends from very high antiquity (a). Eusebius 
 says that it is as ancient as the time of Philo Judeus, and 
 St. Mark ; and many learned men think it came from the 
 Jewish Chiirch into the Christian, not long after the days 
 of the apostles; the author of the Apostolic Constitutions 
 says, " Let the doorkeepers stand at the gate of the men 
 and the deaconesses at the gate of the women." St. Cyril 
 refers to it as customary at his own church at Jerusalem. 
 S. Augustine the Great intimates that each sex had its 
 distinct place. Paulinus, in his Life of St. Ambrose, 
 
 (fl) Bingham's Christian Antic[uities (Ed. 1840), Vol. II. p. 411. 
 
128 
 
 HISTOET. 
 
 Book I. 
 Ch. IX. 
 
 Empress and 
 Emperor. 
 
 Durandus. 
 
 tells how that saint was once furiously assaulted in a 
 church, by an Arian woman, who, getting up iato the 
 tribune to him, tried to hale him by his garments to the 
 women's part, that they might have beat him. The dis- 
 tinction was so generally observed in the time of Constan- 
 tine, that, as Socrates says, the Empress Helena always 
 submitted to the disciphne of the church, and prayed with 
 the women ia the women's part of the church. And, in 
 like manner, the Emperor Theodosius (5), when rebuked 
 by St. Ambrose for sitting within the sanctuary, after- 
 wards took up his place outside the rails, in the men's 
 apartment, and the empress had her seat in the upper part 
 of the women's apartment. 
 
 Dxirandus, whose work upon the symbolism of churches 
 was written, according to Martene, before the year 1295, 
 refers to the subject, thus (c) : — 
 
 In church, men and women sit apart ; which, accord- 
 ing to Bede, we have received from the custom of 
 the ancients. ^ ^ But the men remain on the 
 southern, the women on the northern side : to sig- 
 nify that the Saints who be most advanced in holi- 
 ness should stand against the greater temptations 
 of the world ; and they who be less advanced, 
 against the less : or that the bolder and the stronger 
 sex should take their place in the position fittest 
 for action. ^ ^ But, according to others, the 
 men are to be in the fore part {i.e., eastward), the 
 women behind ; because the husband is the head of 
 the wife, and therefore should go before her. 
 
 (J) Bingham's Christian Antifiuities, Vol. II. p. 419. 
 (o) Dm^andus on the Si/mbolism, of Churches, Cap. I. sec. 46; translation 
 by Neale and "Webb, p. 36. 
 
CH. IX.— SEPARATION OF SEXES, ETC. 
 
 129 
 
 It is unnecessary liere to iiirnish a catena of authorities ^^ j^' 
 proving the practice of separation of sexes, but those who ~~'_ ~ 7" 
 desire can refer to a very valuable article in the Eccle- separation of 
 
 sexes. 
 
 siologistiox 1868 (rf). Nor need we show the continuance 
 of the practice, which seems in fact never to have been 
 abandoned from the earliest period of Christianity down 
 to the present day. 
 
 "We will now proceed with illustrations of occupancy, 
 which, as was observed, mostly relate to women. 
 
 An early instance occurs in the Cornhill Accounts (e) : — 
 
 1473. For werkmanship & nayle for ij 
 
 women pewes .... ij' vj'^ 
 
 1483. John Booking (/), Master of the Grammer Eotherham. 
 School at Hotherham, by his Will desires to be buried in 
 the south chancel of Rotherham Church, near the stall in 
 which the wife of Richard LyUe, Eailiff of Rotherham, 
 and his (the testator's) wife sit. 
 
 1516. Christopher Marshall, Clerk, in his "WiE (g), St. Martin's, 
 which is chiefly in Latin, continues, in English, thus : — 
 
 Be it knowen to my special! and singuler frendes 
 S^ WyUyam Sore, Vicarye of Saynt martyns 
 nygh the Charyng crosse, and to John Thatcher, 
 of the prysshe of Kensyngton, that all my money, 
 wheche I have above my detts payd, lyeth in the 
 pew or sete wheras Mais? John Meawts custumably 
 knelith, or sittith, in the Churche of Kensyngton 
 (under the second bord upon the which he knehth, 
 tmder that end of the bord toward the quer , of the 
 
 {d) TJie JEcclesiologist, 1868, p. 100. 
 
 (e) Cornhill Accounts,^. hO. 
 
 (/) Testamenta Eboracensia, Vol. IV. p. 141, note. 
 
 {g") Covimissary Court of London, 1514, Vol. XX. fol. xyii. 
 
 H. VOL. I. K 
 
130 
 
 HISTOEY. 
 
 Book I. 
 Ch. IX. 
 
 St. Peter 
 Chepe. 
 
 Sir Thomas 
 More. 
 
 Friday Street. 
 
 wMcli forseid money I will that tlie said S"' WUlm 
 and John Thatcher, coniunctly, have the dispo- 
 sicoii a cordyng to my last will. 
 
 1529. In the accounts of the parish of St. Peter 
 Chepe (A), is a charge in reference to a pew door. 
 
 1548. Brian Appulby (J), by his will directs his burial — 
 
 in the parysch church of God and Sanct Kumald, in 
 such place as I have comonly used to seyt in the 
 tymes of Divine Services. 
 
 Sir Thomas More(^) says — 
 
 Now shal ye se men faU at varyance for Mssyng of 
 the paxj or goyng before in procession, or setting 
 of their wives pewes in the church. 
 
 1550. St. Matthew, Friday Street (Z). 
 
 Paid for the bowrdyg of the goodma mabes 
 wyve's pewe & the goodma madcallfe's 
 wyffes pewe ...... 
 
 Myddilton. 
 
 Bedebome. 
 
 ii' iiij'' 
 
 1559. John Tristrame (m), of Myddilton Tyas, Yorks, 
 by his Will directs — 
 
 my bodey to be bureyed in Myddilton Chyrche, in 
 the place wher I hussed to seyt. 
 
 1559. Sir E-ichard Rede (ri), of Eedeborne, Herts, 
 
 (Ji) Arolusological Association Journal, Vol. XXIV. p. 255. 
 
 (i) MiokmoncLsMre Wills and Inventories, Snrtees Society, Vol. XXVI. 
 p. 68. 
 
 (/i) Sir Thomas More's Works, published 1557 ; 88, c. 
 
 (J) Churchwarden's Accounts; Article by Est. Sparrow Simpson, 
 F.S.A., in Archaeological Association Journal, Vol. XXV. p. 262. 
 
 (m) Richmondshire Wills and Inventories, p. 142. 
 
 («) Prerogative Registry, 20, Carem. 
 
en. IX. — SEPARATION OP SEXES, ETC. 131 
 
 kniglit, in giving directions by his Will for his burial, Book I. 
 directs — 
 
 a vawte to be made for that purpose neare to mt/ 
 Seates there after a decent and convenient order 
 according to the discretion of myne Executors. 
 
 He afterwards leaves 20*. per annum to the Church- 
 wardens to be employed in " the repairs of the aisle of 
 the said Church, where my seats be." 
 
 1560. Dionyse Leveson, widow (o), by her WiE directs St. Andrew 
 , . Undershaft. 
 
 her bunal in the church of St. Andrew Undershaft, 
 
 London — 
 
 in the middle He of the same Churche, at the ende 
 of the pue that I comonly use to kneell in. 
 
 1563. Richard Lee (/>), of Lee, Cheshire, directs his Lee. 
 burial — 
 
 in the gishe churche of Wybuburye amongest my 
 auncesters att my wyves forme end, 
 
 1565. B-ichard Hedworthe (y), of Whickham, by his Whickham. 
 Will directs his burial — 
 
 nyghe unto myne owen stall. 
 
 1569. In the Return of the state of the Diocese of Chicliester. 
 
 D1OCGS6 
 
 Chichester (r), made by Henry Barcley, custos spirituali- 
 tatis (sede vacante) says — 
 
 In the chmrches they have set crosses upon their 
 stools whom they favour not, & upon mj farmer's 
 stool they have chalked up a gibbet. 
 
 (0) Prerogatiye Registry, 60, Mellersh. 
 
 (^) Lancashire and Cheshire Wills, Cbetham Society, Vol. LI. p. 40. 
 (j) Snrtees Society, Wills and Inventories, Vol. I. p. 227. 
 (r) State Papers, Vol, LX., Eliz., No. 71, quoted in Clmrch Review, 
 14th July, 1866. 
 
 k2 
 
132 
 
 HISTORY. 
 
 Book I. 1582. Kobert Clavering (s), of Cattelie, Northumber- 
 
 land. Esquire, by Ms will directs his burial — 
 
 Cattelie. _ 
 
 witbin my parisb cburche of W hittingbame, upon 
 
 tbe soutbe side of the quear, next the wall, before 
 
 my wive's seat. 
 
 Friday Street. 1584. St. Matthew, Friday Street, London (t), in the 
 churchwardens' accounts : — 
 
 P'd for mendinge certeyn womerCs pewes . 
 
 1586. In same : — 
 
 Km for a hynge to one of y" womerCs pews 
 
 y 
 
 iiij- 
 
 KirkeMering- 1586. Elizabeth Kirkhouse (m), by her will, desires her 
 body to be buried ia the church of Kirke Merington — 
 at myne owen stalle end. 
 
 Matrons and 
 yoong women. 
 
 Maiden's pew. 
 
 We may also refer to a further distinction made ia the 
 sixteenth and seventeenth centuries by the separation of 
 the young women from the matrons, showing conclusively 
 an altogether different tone of mind from that which tends 
 to form a congregation by an aggregation of families. 
 The wives of the most emiaent parishioners were placed 
 in the more dignified positions, while the unmarried women 
 were placed collectively elsewhere. A few instances of this 
 arrangement, ia addition to some of the foregoing, wiU suf- 
 fice to exhibit more prominently the separation of sexes : — 
 
 1527. In the accounts of St. Mary-at-HiU (a;) is a 
 charge for workmanship of Mr. Eocke's maiden's pew. 
 
 («) Durham Wills and Inventories, Vol. II. ( Surtees Society), p. 40. 
 (t) Archmological Association Journal, Vol. XXV. p. 262. 
 (u) DurAa/m Wills and Inventories, Vol. II. (Surtees Society), p, 66. 
 (») Nichols' Illustrations, p. 108. 
 
CH. IX. — SEPARATION OF SEXES, ETC. 133 
 
 But Mr. Rocke, or Eokes, was a great man, having 2°°? J' 
 before that date been city chamberlaia and sheriff, and 
 
 , . Women's 
 
 he aiterwards became alderman, lord major and knight, pewa. 
 
 So at St. Mary Woolchurch, London {y) : — 
 
 1539 & 1540. Paid for mendyng of ij pewes 
 in the chirche, that ys to say, the good- 
 ■wyf Hawkyns pewe and the goodwyf 
 Eobsons pewe ij"* 
 
 1541 & 1542. Paid for mending the may- 
 dens pewe in the church ... ij' 
 
 1542 & 1543. Paid for making of the mens Men's pews, 
 pewes on the southe side of the Church, 
 
 and a pew under Saint George's Cha- 
 pell, that ys to say (for iiij long pou- 
 cheons, ij great quarters, iiij"" ij fote of 
 borde, and for nayles v' rj"^) and to a 
 workman and his boye for xij days 
 workmanship xij' — Sm. . . . xvij' vj'' 
 
 1543 & 1544. To a biiklayer to underpynne 
 the mens pewes in the southe Jle and 
 
 other w' his laborar .... xiij** 
 
 1549. All HaUows, Bread Street (2:), London : — Maiden's pews. 
 
 Paid for translating of the maiderCs 
 
 pews ...... iiij' 
 
 At St. Mary Woolchurch (a) :— 
 
 1558 & 1559. Paid to a Smitthe for cuttynge 
 a barre of yron and makynge it Jfytte for 
 the maydens pewe at the northe dore, 
 and nailles xij* 
 
 (y) St. Mary 'Woolcliurch, Chnrcliwardens' Accounts (unpublished). 
 («) Inventories of Churoh Goods, printed in the CImrch Review, 21st 
 October, 1865. 
 
 {a) St. Mary ■Woolchurch, Churchwardens' Accounts. 
 
134 HISTORY. 
 
 BooKl. Paid to a mason for cuttynge a hoHe in 
 
 : tlie churche wall and fastenynge the 
 
 Maiden's pews. said barre of yron .... vj" 
 
 1579. Gateshead, Durham (6) : — 
 The Office of the Judge was promoted against Janet 
 Foggard — 
 
 That she beinge a yonge woman unmarried will not 
 sit in the stall wher she is appointed, but in a stall 
 letten to another. 
 
 1601. St. Mary, Colechiu:ch(c), London: — 
 
 M' Hampton, housholder, was buried the 23 day of 
 October 1601 : he lieth under the maides' loft, 
 where they sitt. 
 
 1617. Contra Hayward, pueUam (d) : — 
 
 Pres'', that she beiage a yonge mayde sat in the pewe 
 with her mother, to the greate offence of many 
 reverent women ; howbeit that after I, Peter Lewis, 
 the vicar, had in the church privathe admonished 
 the said yonge mayde of her fault, and advised her 
 to sitt at her mother's pewe dore, she obeyed ; but 
 nowe she sitts againe with her mother. 
 
 Gentlewomen 1620-30. Durham Cathedral (e) : — 
 
 at Durham 
 
 cathedral. In the North Alley of the Choir, is the tomb of 
 
 Bishop Skirlaw having been removed to before the 
 High Altar, and " a stall or pewe placed theire for 
 gentlewomen to sitt in." 
 
 It is believed that pews are still thus appropriated to 
 
 (J) Injunctions and Eoclesiastical Proceedings of Bishop Barnes, 
 Snrtees Society, Vol. XXn. p. 124. 
 (c) St. Mary, Colechnrch, Parish Register (unpublished). 
 (d') Archdeacon Hale's Proceedings in Diocese of London, p. 242. 
 (e) Cosin MSS., Surtees Society, Vol. XV. p. 16. 
 
CH, IX. — SEPARATION OF SEXES, ETC. 135 
 
 unmarried women in a large munber of country churches. Book I. 
 
 down to the present day. 
 
 There are also other indications of the separation of sexes, 
 beside the numerous instances occurring in previous 
 extracts, beginning with Piers Plowman's Vision, where 
 Wrath sate " among wyves and wodews;" and where that 
 system prevails there can scarcely be a permanent appro- 
 priation. 
 
 The Rubric to the Communion Service in King Edward Rubric of 
 
 1549. 
 the Sixth's Prayer Book, published in 1549, directs (_/"): — 
 
 Then so manye as shalbe partakers of the holy 
 Communion, shall tary still in the quire {i.e., after 
 having gone up to give at the OfiEertory to the 
 Poore Mennes boxe, or due and accustomed offer- 
 ings to the Curate) or ia some convenient place 
 nigh to the quire, the men on the one side, and the 
 women on the other syde. 
 
 Among other examples these will suffice : — Comhill. 
 
 1550. St. Michael's, Comhill (y), accounts mention 
 Mr. Stanfyld's mayd's dore, and Mr. Hunt's mady^s pewe 
 dore, &c. 
 
 1551. Richard Bewe, Citizen and Skinner of London, Aldermaiy. 
 by his Will (Ji) directs — 
 
 my bodye to be buried by the men's pewes, being 
 withoute y° Chappell of our lady in the Churche 
 of our lady Aldermary vdthin the Citie of London 
 where I am a gisshener." 
 
 (/) Pickering's fac-simile reprint (1844), fol. ciiii. 
 (g) CornJdU ChwrcTiwardens' Aecounts, pp. 82 and 83; Archceolo- 
 gioal Association Jowrnal, Vol. XXIII. p. 325. 
 (Ji) PrerogatiTe Eegistiy, 12, Powell. 
 
136 
 
 HISTORY. 
 
 Book I. 
 Ch. IX. 
 
 St. Pe'er 
 Chepe. 
 
 Separation 
 shown in 
 Faculties. 
 
 Colechurcli 
 vestry. 
 
 c. 1551. St. Faith, London (i):— 
 
 Payment for a half dozen hinges for the 
 
 womerCs pews ..... 10' 
 
 In 1572 the Lord Mayor and Lady Mayoress' pews, at 
 St. Peter Chepe, were separate {k). 
 
 The Faculties for seats, previously referred to in detail, 
 also afford evidence of the general custom of separation of 
 sexes at the end of the sixteenth and early part of the 
 seventeenth centuries. 
 
 1584-5. St. Matthew, Friday Street (?):— 
 
 P'd for mendinge certyn women's pewes . ij^ 
 
 1586-7:— 
 
 Itm for a heinge to one of y° women's pews , 
 
 mj" 
 
 In one of the early Faculties for leave to build seats for 
 the individual's own use (at Great Burstead, Essex, in 
 1611), there was assigned (jn), vrith consent of Lord Petre 
 the Appropriator, a space of 8 ft. by 3 ft. between the 
 nave and chancel (but evidently, at least in part, within 
 the chancel) to the applicant — 
 
 pro semetipso et familia tua, sen consorti, vel amico 
 tuo, masculini sexus, in usum predictum. 
 
 And with consent of the churchwardens a seat on the north 
 side of the church 9 ft. by 3 ft. for the applicant's vnfe and 
 family, and companions and friends of the female sex. 
 1613. The vestry of the united parish of SS. Mildred 
 
 (i) Inventories of Churcli Goods, Church Sevierv, 21 Oct. 1865. 
 
 (A) Archceological Association Journal, Vol. XXIV. p. 255. 
 
 (J) Parish. Accounts, Archceological Association Journal, Vol. XXV. 
 
 p. 262. 
 {m) Vicar- General's Books, Vol. XI. fol. xxxiii. 
 
CH. IX.— SEPABATION OF SEXESj ETC. 137 
 
 and Mary Colechurcli passed a resolution (w) for the allot- Book I. 
 ment of seats to be made at Easter, Christmas, Whitsun- 
 
 tide and Michaelmas, the men on one side and the women 
 on the other. 
 
 For the church of Earle's Colne a decree (o), directed to Earle's Colae 
 the vicar and churchwardens, was issued by the Chancellor ^° ^' 
 of the Bishop's Court in 1617, in which, after reciting 
 that a complaint had been made of abuse about the re- 
 moving of certain persons from their seats, and that a 
 report had been made, after hearing all parties, by Dr. 
 Sames, sent down for the purpose by the Chancellor, it 
 was vrith the consent of the churchwardens and the ma- 
 jority of the parishioners ordered : That the men who sat 
 in the 1st and last seats on the north side should be re- 
 moved to the south among the seats which men only do 
 use. That the women placed by the wardens in the 2nd 
 and 3rd seats on the north side should be placed in the 1st 
 and 2nd, the men's daughters in the 3rd and 4th on the 
 same side, and the rest of the women removed downwards 
 one seat. That the churchwardens should place Mr. 
 Church's daughters (when God should send them him), 
 in the said 3rd seat, and in the mean time the daughters of 
 the late Dr. Church, and as many other of the chief men's 
 daughters as may conveniently sit there. 
 
 At S. Alphege, Cripplegate Within (p), in 1620, Cripplegate. 
 Mr. Loveday was reported (? presented) for sitting in 
 the same pew •with his vnfe ; " which being held to be 
 highly indecent" he was ordered to appear; but, failing 
 
 (ft) St. Mildred and S. Mary Coleclinrch, London, Vestry Minutes 
 (unpublished), 
 (o) Vicar- General' s Sooks, Vol. XI. fol. xxxviiii. 
 (,2>) Sistory of Pues, p. 35. 
 
138 
 
 HISTORY. 
 
 Book I. 
 Ch. IX. 
 
 to do so, " Mr. Chancellor was made acquainted" with 
 his obstinacy. The matter was finally compromised by 
 the Kector giving him a seat in his pew. 
 1625. The Bishop of Rochester (§') writes — 
 
 For my owns pticular opinion I doe not thinke it fitt 
 that men and women should be placed in the same 
 seats. 
 
 Bishop Wren. Bishop Wren, in 1636, inquires in his Visitation Arti- 
 cles (r) — 
 
 Are all the Pewes and Seats in the chm-ch so ordered 
 that they which are in them may also conveniently 
 kneele downe in the time of prayer, and have 
 their faces up East-ward, toward the Holy Table ; 
 and also that men and women do not sit promis- 
 cuously together ? 
 
 Bishop 
 Mountagu. 
 
 Bishop Mountagu, in 1638, inquires in like man- 
 ner («) : — 
 
 Do men and women sit together in those seats in- 
 differently and promiscuously? or (as the fashion 
 was of old) do men sit together upon one side of 
 the church, and women upon the other ? 
 
 Bishop Wren. And again, in the Articles of Enquiry at Bishop "Wren's 
 Ely Visitation, in 1662, after the Eestoration (t), he 
 
 Are aU the Pewes and Seates so ordered * * * 
 that men and women do not sit promiscuously to- 
 gether ? 
 
 (2) Arctuseologia, Vol. XII. p. 103. 
 
 {r) Bishop Wren's Ely Visitation Artioles, 1636, Cap. III. sec. 12. 
 (s) Bishop Monntagu's Norwich Visitation Articles, 1638; rep. Camb. 
 1841, p. 43. 
 (<) Bishop Wren's Ely Visitation, Articles, Cap. III. sec. 16. 
 
CH. IX. — SEPAKATION OF SEXES, ETC. 
 
 139 
 
 The custom survived in many churclies in the north of p°°fJ' 
 England, especially in the larger towns, till a comparatively 
 recent date(M); and very probably continued to exist in 
 some secluded parishes until revived ia the modem arrange- 
 ments of various churches ; and ia many other places, 
 vrhere the practice had faJlen into desuetude, traces of it 
 remaiaed. 
 
 Much the same is the case on the Continent, and pro- 
 bably most of our readers have witnessed, at such churches 
 as the Madeleine or the cathedral of Notre Dame at Paris, 
 the separation by a grim and dignified Suisse of some pair 
 of British tourists innocently wandering arm-in-arm down 
 the aisle. 
 
 {u) RichmondsMre Wills and Inventories, Camden Society, p. 232, in 
 note by the Rev. Edward James Eaine, the editor. 
 
140 
 
 HISTORY. 
 
 CHAPTER X. 
 
 Book I. 
 Ch. X. 
 
 Corporation- 
 pews. 
 
 Mayor's pew. 
 
 Alderman's 
 pew : i'riday 
 Street. 
 
 CORPORATION AND SPECIAL PEWS; PAYMENT AND LOCKS. 
 
 Anothee class of appropriations was to particular sections 
 of the parisliionerSj such, as the Corporation-pews in town 
 churches, which may fairly be deemed admissible — the 
 corporation representing the ruler to whom we are enjoined 
 to offer respect, as, indeed, has been done by the Church in 
 all ages. 
 
 The Lord Mayor, Lady Mayoress and Aldermen came 
 in for a share of honour as at St. Michael, Cornhill, where, 
 in 1474 (a), is a charge for " translatyng of the Meyres 
 pue;" and in the following examples. 
 
 At St. Matthew, Friday Street, in 1549-50 we find 
 a considerable sum laid out on the pew of Mr. Alderman 
 Dobbes, who it appears bought some of the tabernacles 
 and other effects from the church in 1547-8 (b) for four 
 shillings and sixpence (very cheap), and also a vestment 
 for twenty shillings. The account (c) of the parish outlay 
 
 (a) St. Michael, Cornhill, Accounts, p. 65; also previously published 
 in the ArckcBological Association Jmirnal, Vol. XXIII. p. 325. 
 
 (&) Article by the Rev. Sparrow Simpson on the Parish Accounts, 
 ArchcBological Association Journal, Vol. XXV. p. 365. 
 
 (c) Ibid. p. 262. The total expense amounts to £6 : 2* : 9(f., which, at a 
 moderate estimate, may be set down as equivalent to £100 of the present 
 value of money, expended by the parish upon Mr. Alderman Dobbes' pew. 
 
CH. X. — COEPOEATION PEWS, ETC. 141 
 
 is well worth transcribing : — Book I. 
 
 1549-50. Paid to tte joyner for making and Alderman's 
 
 meding of M"" Dobbes pew, & his pew : Friday 
 
 „ .... ,. . ...J Street, 
 
 wyflte . . . . iiij li x' vnj" 
 
 Paid for xiij y"*' of saye for M"' 
 
 Dobbes pewe at xiij"* the y'''^ . xiij° j"^ 
 
 Paid more for xij pieces of Rybaynge 
 Jibr his pew . . . . s" v' 
 
 Paid more for \j li of flox for the 
 same s" ij' 
 
 Paid for v™ of nailes for his pewe . vij' 
 
 Paid for the workmanshipp of his 
 
 pewe v' 
 
 And at All Hallows, Bread Street, London {d), in the Bread Street. 
 3rd year of King Edward VI., was paid for trimming 
 Alderman Wise's Pew, 22= 8"*. 
 
 1566-7. St. Peter Chepe, parish accoimts (e) : 
 
 For a hynge for M"' Alderman Avenon's 
 pew dore & for mendyng M' Alderman 
 Ducket's pewe doore .... xii** 
 
 Paid a free mason for mendynge a cracke of 
 
 M' Ducket's pewe, and in the maids loft iiij' 
 
 At St. Michael, Comhill, a trifling charge was per- Comhill. 
 mitted at first with a very guarded proviso against similar 
 payments in future, but the caution was forgotten three 
 years later (/): 
 
 1566. Itm pd to Thomas Ducke for tryming 
 of M"' Aldermans pewe and his 
 
 (^d) Inventories ol Church Goods, Church Reviem, 21st October, 1865. 
 («) Archeeological Association Journal, Vol. SXIV. pp. 255 — 6. 
 (/) Comhill Accounts, pp. 160 and 164. 
 
142 HISTORY. 
 
 Book I. wyfe's pewe by a consent of vestry, 
 
 ^' ' not as a president but of bene- 
 
 volence ..... j* 
 
 1569. Itm for makinge M'" Alderman a 
 
 newe pewe and for a locke thereto xxviij' 
 Itm paide for ij boulsters for the 
 
 seates of M' Aldermans pewe . v' viij'' 
 Itm paid for the dressinge of M"' 
 
 Alderman's pewe . . . iiij' 
 
 Lady 1572. Payde for payntinge over my lady 
 
 Mayoress' pew. , _, 
 
 •' ^ mayres pewe .... x' 
 
 Payde for a pece of sayes for my 
 
 lorde mayre's & my ladyes' pewes xl' 
 
 Payde for lattyn naylls & blacke 
 nayles for my lord mayre's pewe, 
 & my ladyes' . . . . vij** 
 
 Payde fer lace for them Twoo pewes iiij' 
 
 Payde to a plasterer for whitinge over 
 
 my ladye mayres' pew . . xx* 
 
 Payde to the joyner for the settill, & 
 
 for my lorde mayre's pewe . iij li x° iij'' 
 
 Payde for xij" of flax to make ij set- 
 tills for my lorde maior's, & my 
 ladye mayres', pewe at iij'' ob. . iij' 
 
 Payde for two elles & a halfe of can- 
 vas to make the same seates at viij** 
 the elle ..... xx*^ 
 
 Payde to an upholster for trymminge 
 the same pews with sayes & lace 
 & makinge the seates ... x' 
 
 ComhiU. St. Michael, Comhill(5r):— 
 
 1575. Paide for x yardes of Cornisshe mattes 
 for my Ladyes pewe, w"" nayles 
 & workmanshipp . . . iiij° yj'' 
 
 (j) ComhiU Accounts, p. 1C9. 
 
CH. X. — COErOEATION PEWS, ETC. 143 
 
 At St. Peter Chepe, again {h) : Book L 
 
 1590. Item paide to the joyner for makinge 
 
 „ _ i" 1 J • St. Peter 
 
 a newe pewe tor my lorde maior on Chepe. 
 
 the Southe side & est ende of the 
 
 churche xxx^ 
 
 Item paid unto him for dyvers newe 
 sheUdes & arrowes & other amende- 
 ments about the greene men, & at 
 the Southe churche doore & else- 
 where aboute the churche, & vij 
 dales woorke of his man . . xxvij' 
 
 Item paid for wier to binde the ar- 
 rowes & ye clubbes of the greene 
 men ij* 
 
 ( The green men are supposed to have been part of the 
 heraldic bearings of the Lord Mayor.) 
 
 1594. Paid for matts & hassocks for my 
 
 Lord & my ladle's Pewes . . v' vi"* 
 
 The deputy of the ward received a somewhat similar 
 consideration at the hands of the parish of Aldgate, as 
 appears from entries in the Churchwardens' Accounts (z), 
 for example : — 
 
 1571. Paid for a new foote pace ^ a new Deputy of 
 
 seate to m^ Deputy's pew . • j* iV* ^*^^" 
 
 And in 1604, four keys were made for the Burges' pews in Burgesses. 
 the church of St. Margaret, "Westminster (A). 
 
 The fact of all these repairs being done by the parish 
 shows that there was no prescriptive title to the pews. 
 
 As other examples there may be mentioned the bedes- 
 
 (A) ArcTiisological Association Journal, Vol. XXIV. p. 256. 
 (i) St. Botolph, Aldgate, Chnrcliwardens' Accounts. 
 (K) Nichols' Illustrations, p. 27. 
 
144 
 
 HISTORY. 
 
 Book I. 
 Ch. X. 
 
 Bedesmen, and 
 others. 
 
 Churcli- 
 wardens. 
 
 men's pew at All Hallows, Bread Street (/) ; at St. Botolph, 
 Aldgate, 1552, " tlie pewe where they sette that gayther 
 for the poure" (m), and the like at Westminster, 1559 (n); 
 and at St. John Zachary in 1597 (o); and in 1600 the 
 churchwardens' pew at the latter church was suppHed with 
 two keys (ja) ; and the pew belonging to the officials at 
 Westminster is thus mentioned («) : — 
 
 1610. Paid to Goodwyfe Wells for salt to 
 destroy the fleas in the Church- 
 wardens' pew .... 6'' 
 
 Parish officers. In 1612, this resolution was passed by the vestry of St. 
 Mary Colechurch {q): — 
 
 That all offices in the gishe, as Churchwarden, Coun- 
 stable, wormoth, inquest, scavenger, Colector, for 
 the poore, for the fyftene sydmen, & such like 
 shalbe appoynted accordinge to the sittings in the 
 Church, begyninge at the highest and descendinge 
 to the lowest. 
 
 Midwives. In 1617 at St. Margaret, Westminster, there was paid 
 
 for making a new pew for the midwives, £2 : 5s. Qd., 
 and also a further charge for making another new pew for 
 
 Hall-Dog Pew. the midwives adjoining the former (?•). And this system 
 was carried so far that till about fifty years ago there was 
 in Northorpe Church (s), Lincohishire, a small pew, known 
 
 (I) Inventories of Chnrch Goods, Church Review, 21st October, 1865. 
 (to) St. Botolph, Aldgate, Churchwardens' Accounts, 
 (w) Nichols' Illustrations, pp. 15 and 29. 
 
 (o) St. John Zachary, London, Churchwardens' Accounts, unpublished. 
 (p) Ibid. 
 
 (j) St. Mary Colechurch, Churchwardens' Accounts, unpublished, 
 (r) Nichols' Illustrations, p. 41. 
 
 (s) Note by Mr. Peacock in Paper on Leverton Parish Accounts, 
 Arolueologia, Vol. XLI. p. 3G6. 
 
CH. X.— RENT FOE PEWS. 145 
 
 as the Hall-Dog Pew, in whicli the dogs, which followed Book I. 
 , . Oh. Ji., 
 the residents at the hall to church, were placed during 
 
 Divine Service. 
 
 We must now refer to the payment of rent in considera- Eeut. 
 tion of the appropriation of specific seats to individuals. 
 
 Up to the middle of the sixteenth century there does 
 not appear to have been a charge of rent or money pay- 
 ment other than in the case of St. Margaret's, West- 
 minster. At St. Michael's, CornhiU, although pews 
 appear so early in the parish accounts, there are no 
 receipts on account of them : the entries of gatherings Cornhill 
 for the pews, up to the year 1554-5, we have already 
 commented upon and explained; from which date until 
 1558-9 there occur the following entries (t): — 
 
 1555. Receiptes for a forme . . ij' 
 Gathered in the Churche for 
 
 the Pewes for the hole yere v '" v* iiij* 
 
 Soin totall of all the res. of all 
 the rentes, the restremayne- 
 inge of the pattente with the 
 gatheringe of the pewes in 
 the Churche and the money 
 in the boxe with such thinges 
 as are solde amountynge to 
 the some of . . . xxxviij "' iij^ x"* 
 
 1556. Gatherede in Church for the 
 
 pewes on hoU yeare . . v " xix' vij'' 
 
 1557. Sm" of the rentes of the graves, 
 
 the pewes and the rest of 
 the patten coms to, the on 
 with the other . . . xliij " x' vij** 
 
 (i) Cornhill Accounts, pp. 118, 126, 127, 132, 134, 140. 
 H. VOL. I. L 
 
146 
 
 HISTORY. 
 
 Book I. 
 Ch. X. 
 
 Coruhill 
 gatherings. 
 
 Ees. for the pewes in the 
 Churche for on hoolle yeare 
 
 1558. Res. for the pewes in the 
 
 Cherche for the half yere 
 eandinge att Mihehnas last 
 paste .... 
 
 1559. Ees. for the pewes in the 
 
 Cherche for on hoUe yeare 
 
 V " viij' vi"* 
 
 Hij' vij 
 
 I'id 
 
 These entries are here extracted at full length, because 
 it has been assumed that they prove the existence of regular 
 pew rents at that date ; and it is therefore necessary to 
 consider how far they bear out that assumption. 
 
 As regards the first item, the payment for a form, it 
 seems likely that in the change of arrangements in the 
 Church (of which the accounts give abundant proof), this 
 form was dispensed with and was one of those things sold 
 which are referred to in a subsequent item in the ac- 
 counts. 
 
 As regards the other items it will be observed that the 
 expression at first used is " Gathered in the Churche for 
 the Pewes," and afterwards " Ees. for the pewes in the 
 Cherche." The first expression would certainly indicate 
 a collection, not an absolute rent : and the same inference 
 arises from the form in which the total receipts is expressed 
 — " Sofn totaU of aU the res. of all the rentes, the rest 
 remayneinge of the pattente with the gatheringe of the 
 pewes in the Churche and the money in the boxe, with 
 such thinges as are sold." The presumption that this was 
 no fixed rent but a voluntary gathering is confirmed by 
 looking back to the earher accounts, where we find that 
 there was in 1475 what was called the " Churche Aley 
 bagge," which contained a considerable sum of money. 
 
CH. X. — RENT FOR PEWS. 147 
 
 It may be laid down as an axiom tliat people will not ■?i°°\'^* 
 voluntarily tax themselves to any greater amount than 77 ~~7~j 
 need actually requires, and certainly not to an extent con- Bag. 
 siderably beyond any prospective requirement ; while, when 
 almsgiving is taught as a duty, people give freely as a duty. 
 That the Church Aley Bagge was thus rich appears 
 clearly from the items referring to it : — 
 
 1475 (m). Receyved owte of the Churche Aley 
 bagge ffor a peyre of new orgones 
 as hyt aperyth in y'= paymetes by 
 y' wille of aU y^ pyshons . . ix " 
 
 Eeceyved owt of the seid Churche 
 Aley bagge fibr to bye new ledde 
 (for the Crosse of Seynt MyeUes 
 Stepull by the wiHe of aUe y" 
 pyshon' as hyt aperyth in j" pay- 
 metes hereaf? . . . . xx '' 
 
 Keceyved out of the seid Church 
 Aley bagge Jfor the carpe? that 
 made all the tymbur & warke of ye 
 Crosse that stondytheupon Seynte 
 MyeUes StepeUe & othur as hyt 
 aperythe in the paymetes and by 
 ye will of aU y"= seid pyshones . xvj " 
 
 Bale (u) (a.d. 1550) speaks of " churchstoles & pewes Bale, 
 that are well payed for;" but this also may mean by 
 voluntary payment: and there does not appear to have 
 been any regular pew-rentiag until near the time of the 
 Great Rebellion (x). 
 
 (?«) Cornldll Accounts, pp. 52 and 56. 
 
 (v) Bale, Image of both Churches, B.b. Gloss. 12. 
 
 {x) It is, of course, not intended to be asserted that St. Margaret's, 
 Westminster, is an absolutely nnique example previous to that date, but 
 none other has yet been met with by the author. 
 
 L 2 
 
148 
 
 HISTORY. 
 
 Book I. 
 Ch. X. 
 
 Numbering 
 the pews. 
 
 Cornhill. 
 
 The numbering of the benches was a necessity for the 
 purposes of apj)ropriation or systematic allotment, whether 
 for individuals, or for wives and unmarried women. 
 
 At St. Michael's, Cornhill, in 1555-6 (?/), («. e., in 
 Queen Mary's reign,) the churchwardens — 
 
 Paide for wrytinge on the pewe dores at my 
 
 Lorde of London's coinaundemente . . xii'^ 
 
 And in 1568 they purchased " a books for the pewes" {z). 
 Whether my Lord of London was the Bishop or the 
 Lord Mayor may be soniewhat uncertain, but as the ac- 
 counts for the same and the next following year («) speak 
 of "my Lorde of London at^fullam," and in 1561, speak 
 of my lord Bishop, there is every reason to believe that 
 my Lord of London was the Bishop. Bonner filled the 
 see at this date. No entry of any Order for writing upon 
 the pew doors appears, either in the Bishop's Books or 
 in the Records at Guildhall about that period. One would 
 not have been surprised to find such an Order, whether 
 made by the Bishop or the Lord Mayor, recorded in the 
 Bishop's Boohs, for in them is, amongst other things, en- 
 rolled an order of a somewhat analogous natiu-e (5), made 
 by the Lord Mayor, Aldermen and Commons in Common 
 Council assembled, about the same period, pronouncing 
 penalties against persons who carried goods or led horses 
 and other animals through St. Paul's Cathedral " unseem- 
 lye & unrefentlye, the moore ys the pyttye." 
 
 {y) Cornliill Accounts, p. 40; ArcJwological Association, Journal, 
 Vol. XXIII. p. 326. 
 
 («) Cornhill Accmtnts, p. 1C2. 
 
 (a) Cornliill Accounts, pp. 128, 130, 135, 153. 
 
 (i) London Ecgistry, Bishop's Books, Bonner, fol. cccciij. 
 
CH. X. — RENT FOR PEWS, ETC. 149 
 
 At St. Matthew, Friday Street, London, the Church- Book I, 
 
 wardens Accounts show that the pews were numbered in 
 
 1569-70 (c):- Friday Street. 
 
 Paid for payntinge numbers uppon pewes . vj'' 
 1570. M'"" that uppon fryday beinge twelfte even, the 
 5 of Januarye 1570, hyt was agreyde that 
 the xvi women's pewes shoulde be nombrede 
 as hyt ys nowe sett uppon them ; by these 
 men whose names are seen under wrytten. 
 
 Also at Cornhill in 1574 {d), there was : — Comhill. 
 
 Paide for the markinge of the pewes . . xij'' 
 
 At St. Peter Chepe there was paid in 1593 (e) : — St. Peter 
 
 for the nombinge of all the pewes in the 
 
 churche ....... ij' 
 
 At Ludlow, notwithstanding the advantages the plan of 
 numbering would have been in identifying the pews under 
 the peculiar system of grants there in use, it is quite clear 
 that the pews were not numbered until very long after- 
 wards. 
 
 And at Leverton, Lincolnshire, there was paid in Leverton. 
 1605(/):- 
 
 for writtinge the order of placinge all th' in- 
 habitants in their stooles in the church . viij"* 
 
 The specification of all the parishioners shows that there 
 was no idea then of appropriating places to some and de- 
 nying them to others. 
 
 (c) Extracts in Archisological Association Journal, Vol. XXV. p. 262. 
 {(I) Cornhill Accounts, p. 170. 
 
 (e) Extracts in Arcliaological Association Jov/rnal, Vol. XXIV. p. 256. 
 (/) Extracts in Arclimologia, Vol. XLI. Part 2, p. 368. 
 
150 
 
 HISTORY. 
 
 Book I. 
 Ch. X. 
 
 Spelman's 
 opinion. 
 
 Prestbmy 
 Faculty. 
 
 Spelman, writing in 1641, refers to tlie sale, though not 
 to the renting of pews (<?). Referring to claims for pay- 
 ment for ground for burial places, a practice which he 
 strongly reprobates (saying, Vidi, puduitque videre), and 
 proves to be contrary to the antiquity of Christianity, he 
 proceeds : — 
 
 I meddle not with the (Vestry) Constitutions of £4 
 to the Parson for a Pew in the Chancel, nor of 
 15s., 20s., £3, £3 10s. for Places and Pews in 
 other Parts. But these and many others of the 
 Uke sort fall in one Certificate (i. e., of illegality). 
 
 At Prestbury, in Lancashire, the bishop, in the year 
 1671, granted a faculty to authorize the building of addi- 
 tional seats, and to constitute and appoint the vicar and 
 wardens to make disposal of the seats, so built, as they 
 should see most convenient. They entered a minute in 
 the Yestry Book to the effect that they disposed of 2 pews 
 on each side of the great doors, for the (4) churchwardens 
 and their successors for ever; the adjoining pew to be 
 annexed and remain to the houses in Prestbury belong- 
 ing to Mr. George Newton, " he having payed the sume 
 of twentie shillings for the same" (not dear at the price) ; 
 and the remainder " we doe dispose for the publique use of 
 the parish" (A). 
 Locks to pews. When appropriation had become common, at least as 
 regards the leading parishioners, it was before long found 
 necessary to have door and locks in order to prevent in- 
 trusion. 
 
 St. Margaret There is an early mention of one in the Churchwardens' 
 
 Pattens. 
 
 ig) Spelman, Be SepuUura, ed. 1723, pp. 184—6. 
 (S.) Prestbury Parish Books, unpublished. 
 
CH. X. — LOCKS TO PEWS. 151 
 
 Accounts of tlie parish of St. Margaret Pattens, Lon- Book I. 
 
 Oh. jx.. 
 
 d.on(i) ; wliere, in 15 15, twopence is charged "for a Kaye 
 
 for masster Waddall's pew dowre." 
 
 In the church of St. Mary "Woolchurch, the doors are St. Mary 
 
 Woolcliiirch. 
 spoken of m 1543 as no novelty (A) : — 
 
 1543 & 1544. Paid for a payer of gamettes 
 
 for m''. reynoldes pewe . . viij* 
 
 Item paid to the carpenter for a day 
 and a half abowt the same pewes 
 Dores and Benchys . . . xij"* 
 
 And at St, John Zachary, where the following items St. John 
 are extracted from the parish accounts (/) : — 
 
 1594. Jbr Hinges^ Naielesfor M"'. Grene's 
 pew door, f for mendinge ij otK? 
 
 pewes xij* 
 
 ^or hinges for a pewe doore f 3 keyes 
 f one deale boord to laie under 
 Jfeet iij° iiij"* 
 
 1597. Paid for a hindge for a peu . . vj'^ 
 
 1600. Paied for ij paire of hinge and nailes 
 
 for a pew dore belowe the Jfounte . ix'' 
 
 Itm paied for ij keyes for the Church- 
 wardens' pewe .... xij* 
 
 Bishop Earle, in 1628, mentions it in the character of Bishop Earle. 
 The She precise Hypocrite (m) : — 
 
 She doubts of the Virgin Mary's salvation, and dares 
 
 (i) St. Margaret Pattens, Churchwardens' Accounts, extracts printed in 
 TJie Sacristy, 1871, p. 259. 
 
 (7i) St. Mary Woolchurch, Churchwardens' Accounts. 
 
 (V) St. John Zachary, London, Churchwardens' Accounts. 
 
 (m.) Book of Characters, from Overhury, Earle ^ Butler, reprint, 
 Edinb. 1865, p. 81. 
 
152 HISTORY. 
 
 Book I. not saint her ; but knows her own place in heaven 
 
 Ch. X 
 
 Locks to pews. 
 
 as perfectly as the pew she has a key to. 
 Though this illegal proceeding might pass unnoticed in 
 many cases, it sometimes came within the purview of 
 Elretham. the Ordinary, as in the case of Elvetham, Hampshire. 
 On the 21st May, 1631, Dr. Neile, Bishop of Winchester, 
 issued a Monition upon this subject to the churchwardens 
 of that parish (k) : — 
 
 Whereas I am given to understand that lockes have 
 been lately sett upon some pewes in the parish 
 church of Elvetham, and that, vrithout any order 
 from me or my Chauncellor, which I hould very 
 unfitt to be indured. These are to wiU and require 
 yow and every of yow, the Churchwardens there, to 
 remove aU the lockes upon any the pewes within 
 the said Church, betweene this and the feast day of 
 Pentecost next insueiug." 
 
 Pepys. Pepys, in 1661, seems to treat it as customary to keep 
 
 the pews locked up, for he writes without surprise or irri- 
 tation (o) : — 
 
 Dec. 25. In the morning to church, where at the 
 door of our pew I was fain to stay, 
 because the sexton had not opened the 
 door. A good sermon by Mr. MiUs. 
 
 What, perhaps, wiU. appear most strange to modern 
 ideas, is that up to the beginning of the seventeenth cen- 
 tury, there is no such thing as the suggestion of a family- 
 pew. 
 
 (») Gentleman's Magazine, 1865, p. 223 ; communication by Mr. 
 Baigent. 
 (o) Pepys' Diary, Bohn's ed., Vol. I. p. 2i2. 
 
CH. X. — GALLERIES. 153 
 
 Galleries were at first an effect, and afterwards a cause, Book l 
 
 Ch. X. 
 
 of the continuance of the appropriation system. There „ „ . 
 
 '^'^ ^ _ _•' Galleries or 
 
 can be little doubt that they owe their origin to a general scaffolds, 
 allotment of pews, since that system required a larger 
 extent of accommodation than was otherwise necessary ; 
 and the cheapest way of obtaining such additional space 
 was by the erection of galleries, or, as they were then 
 more fi:equently called, lofts or scaffolds. A very few 
 notices of early galleries following the allotment of seats 
 will suffice. 
 
 1546 — 52. Bletchingly, SmTcy (/>) : — BletchiDgly. 
 
 Payd Jfor nayles to repayre the seattes in 
 
 the churche and the scaffoldys . . iiij^ iiij'' 
 
 Item payd (for certain pollys that was oc- 
 cupied about the scaffold ... v^ 
 
 1634. The Rev. Henry Bury, of Bury, Lancashire, by Bury, 
 his will (y), leaves 
 
 twelve pounds to mak a loft with (needful stuffe 
 being provided and brought to the place by the 
 parish), in the lower end of Bury church, for 
 people to sitt in, or betwen the church and the 
 chancell wher the roode loft was woont to be. 
 
 Many dated galleries of this period still exist. Bishop Bishop 
 
 Tir . .-./.r.^. • /\ Mountagn. 
 
 Mountagu, ui 1638, mquures (r) : — 
 
 ] 0. Is your church scaffolded any where, or in part ? 
 
 (p) Loseley M8S., edited by Kempe, p. 102. 
 
 (j) Lancashire and Cheshire Wills and Inventories, Chetham Society, 
 Vol. ni. p. 176. 
 
 (r) Bishop Mountagu's Norwich Primary Tlsitation Articles; re- 
 print, Cambridge, 1841, pp. 42 and 43. 
 
154 HISTOEY. 
 
 Book I. Do those scaffolds, so made, annoy any man's 
 
 '- — '- — ■ seatj or hinder the lights of any windows In 
 
 the Church ? 
 
 Bishop Wren. And the Inquiry of Bishop Wren, in 1662 («), is very 
 pertinent : — 
 
 What galleries, also, or scaffolds have you m your 
 Church ? How are they placed, and in what part 
 of the Church ? When were they built, and by 
 what authority ? Is not the Church large enough 
 without them to receive all your parishioners ? Is 
 any part of the Chxirch hidden or darkned there- 
 with, or any of the Parishioners annoyed or offended 
 by them ? 
 
 Memento mori Several examples occur in which, as that at Soest in 
 Westphalia, previously mentioned, pews were carved with 
 a memento mori inscription. 
 
 At Buxton, Norfolk, a pew, erected by the Vicar, bears 
 the foUovnng (t): — 
 
 Mortis in Horti animse mese parcat Deus, me viro 
 Dixi Amen. Sic exuviarum menaor h^c posuit Ben- 
 jaminus Griffin, Vicarius, ^tatis 33, Martii 18, 
 1688. Natus Fehnioham, eodem die, 1655. 
 
 He died 8th May, 1691. 
 
 In Little Bemingham Church, Norfolk (m), a pew was 
 erected by a shepherd, in the nave, to afford accommoda- 
 tion for strangers and wedding parties; it bears, at the 
 south-west angle, a skeleton carved in wood, (which pro- 
 
 (s) Bishop Wren's My Visitation Artioles, 1662, Cap. HI. sect. 16. 
 (f) Blomefield's Sistory of Norfolh, 8vo. ed., Vol. VI. p. Hi. 
 (m) Ibid. p. 317. 
 
Wedding pew. 
 
 CH. X. — WEDDING PEW. 155 
 
 bably was not thought by the occupants particularly Book I. 
 
 ■ • • Oh. J\.t 
 
 cbeerful or appropriate,) with the inscription : — 
 
 For Couples joined in Wedlock; and my Friend, 
 That Stranger is ; This Seate I did intend. 
 But (? buUt) at the Coste and Charge of Stephen 
 Crosbee. 
 
 All you that doe this Place pass by 
 As you are nowe, even soe was I ; 
 Remember Death, for you must dye, 
 And as I am, soe shaU. you be. 
 
 Anno Domini, 1640. 
 
 The rhyme is a variety of a form of monumental inscrip- 
 tion, which had been in use, and very popular for two 
 centuries and more, previous to that date ; as, for example, 
 on the Brass of William Chichele (a relative of Archbishop 
 Chichele) at Higham Ferrars, Northamptonshire, dating 
 c. 1425 :— 
 
 + ^uct) afi ge bt, 
 §uci) bcr tnc : 
 §uci) as iae it, 
 (^ucJ) iS^all be g«). 
 
156 
 
 HISTORY. 
 
 CHAPTER XI. 
 
 ARCHITECTURAL HISTORY. 
 
 Book I. 
 Ch. XI. 
 
 Architecture. 
 
 The architectural structure of existing pews carries us back 
 somewhat further than do the literary records of them to 
 which we have adverted. Throughout this work we have 
 found that the word " pew " is not only not confined to the 
 high-sidedj square or oblong boxes to which we now 
 usually apply the term, but was most frequently used, at a 
 date anterior to the earhest of those erections, to designate 
 the benches for the congregation : and where in this part 
 of the work we use the word it will be synonymous with 
 such seats as are now, in common parlance, called " open 
 benches." 
 
 We do not propose to speak of the stalls with which the 
 choirs of cathedrals, and conventual and coUegiate churches 
 and the chancels of many parish churches, were fitted for 
 the use of the clergy and others taking a special part in the 
 performance of Divine Service, although the word "^'pew" 
 was sometimes carelessly appHed to them also ; for our sub- 
 ject is limited to the seats for the general congregation, who 
 can merely be looked upon as intruders when found seated 
 in the choir. Such stalls for the clergy boast a good deal 
 higher antiquity than the benches for the laity, and when 
 seats were introduced in the nave and aisles, they were 
 
CH. XI. — AECHITECTURAL HISTORT. 157 
 
 naturally upon the model of choir seats and in the architec- ?°°5, J- 
 
 tural style of the period of their erection, but plainer and 
 
 simpler, and not divided into separate stalls. 
 
 There is no doubt that the introduction of seats for the Ancient 
 
 benching. 
 congregation was extremely gradual. We may safely 
 
 anticipate, and the anticipation is confirmed by existing 
 remains, that a long while would elapse from the first intro- 
 duction of such an innovation before it would be at all 
 common even in rich city churches, and still longer before 
 it spread to the more remote parts of the country. The 
 natural objection which men more or less feel to an unac- 
 customed novelty, would prevail against any rapid increase 
 of pews, and it would require time before their convenience 
 was acknowledged ; while the expense of such solid and 
 excellent work as that always used would form a heavy 
 obstacle to even the simplest and plainest patterns. 
 
 In some pa,rts of England it is extremely uncommon to Destraction at 
 
 '* rGstor&tions '* 
 
 meet with a church still fitted with ancient pews, much of 
 which no doubt fell a victim to the fashion for family 
 isolation, but in other parts it is not uncommon even in 
 the present age of destructive " restoration." Probably a 
 large number of churches ia the poorer and more remote 
 localities were never provided with any regular seats for 
 the congregation, until, in the seventeenth century, square 
 boxes and deep deal troughs were set up ; and in fact the 
 accommodation was of so primitive a kind that sometimes 
 there was no pavement or flooring, but merely the hard- 
 trodden ground. Occasionally we find the strong old 
 benches almost concealed by and made use of as a basis 
 for deal superstructures. 
 
 Sometimes we notice old screenwork made up into the 
 
158 
 
 HISTORY. 
 
 Book I. 
 Ch. XI. 
 
 Screenwork 
 made up into 
 pews. 
 
 Lavenliam. 
 
 form of large square pews, by which means persons have 
 been misled into the supposition that real square pews, 
 in the modem acceptation of the term, existed a century 
 or two before their actual invention. At Lavenham, in 
 Suffolk, there are two remarkable examples of this unin- 
 tentional deception. At the east end of the south aisle, and 
 backing against the screen which separates the aisle from 
 the south chantry, and against the south waU of the aisle, 
 there stands a large, nearly square pew formed of screen- 
 work of the height and style of an ordinary parclose ; the 
 upper part consists of open tracery, extremely thin, and 
 rough at the back (the inside of the pew), having evi- 
 dently been cut away from some flat surface : the lower 
 part is of sohd panelling, merely pierced with a few very 
 small trefoil or quatrefoil perforations such as are fre- 
 quently found in screens, and of whicli the same church 
 ftirnishes examples, but of which the use has as yet been 
 only surmised; the material proving insufficient for a 
 pew of the size required, one valve of the doors of the 
 chantry screen was worked in to eke it out. There can- 
 not be the slightest doubt that the materials have been 
 converted from some other purpose : such is the history 
 of this celebrated "pew." 
 
 In a precisely corresponding position at the end of the 
 north aisle is another square pew of much the same size. 
 The date of the style is later, but the design is remark- 
 ably rich, elaborate and varied, and the workmanship 
 most admirable. In an upper panel is a shield bearing 
 the arms, on a chevron three roses, between three mascles : 
 the same arms occur on the parapet of the south chantry 
 chapel with an inscription to Thomas Spring, the founder 
 
CH. XI. — AECHITECTUEAL HISTORY. 159 
 
 of the chapel in 1525 (a) : the chapel is large and fine. Book I. 
 from which we may feel tolerably clear that its possessor 
 
 or his immediate descendant could not, in addition to the made up into 
 
 large space which he exclusively possessed, require a pew, 
 
 not an eighth of its size, amongst the parishioners and in 
 
 the opposite aisle. But an examination of the "pew" 
 
 itself is conclusive ; amongst other points it will be noted 
 
 that it is not fitted to the wall against which it abuts 
 
 except in a very rude manner, and is scarcely affixed to it ; 
 
 two sides are held together by an iron rod across the angle ; 
 
 and the clumsiness of the "make-up" presents a great 
 
 contrast to the beauty of the origiaal work. 
 
 The early pews were, beyond all question, simply a row Early pews 
 of benches with backs; and those which are now commonly seats." 
 termed "open seats," are examples of early pews, or 
 copies or imitations of them. They were always substan- 
 tial, and of good, durable material, such as oak or beech, 
 and capitally joined and fitted. 
 
 Often it is a difficult thing to determine from an Dates, 
 examination of an ancient pew the date of its construction; 
 the detail alone affi^rds any indication, and when the 
 design is very simple any precision becomes almost impos- 
 sible, especially as some forms of capping continued in use 
 for an extended period of time : when the design is more 
 elaborate in character and comprises traceried paneUing 
 or fohage, or carving, the task of assigning a date becomes 
 comparatively easy. The date of the church itself rarely 
 afibrds any information as to the date of the pews, since so 
 
 (a) The inscription is in large letters running round the exterior of the 
 parapet, as follows : — 
 
 STJome Spring avmig. (St alidt uxoris eius ©ui Istant fllapellflni 
 f&evi fcrerunt anno lini iM" CfflfflCC birestmo qmnto. 
 
160 
 
 HISTORY. 
 
 Book I. 
 Ch. XI. 
 
 Dates. 
 
 StvUifera 
 Navis. 
 
 Earliest exist- 
 ing pew. 
 
 large a proportion of our churches were erected at an ante- 
 cedent date, and even where that was not the case, the 
 seats were frequently contributed by some wealthy and 
 well-disposed parishioner at a subsequent period, or the 
 necessary funds were left by his will, as in the churches of 
 Heme and Elmstead, Kent, and All Saints, Stamford, 
 to which we have heretofore adverted. 
 
 We have in our first chapter noted the rarity of regular 
 and fixed seats until a late date, and also the fact that we 
 do not find them represented in illuminations; we may 
 add a reference to the wood-cuts in Barclay's translation 
 of Brant's Stultifera Navis, printed by Pynson in 1509 ; 
 the cuts are chiefly earlier, and one is dated 1494 ; most 
 of them were also used in an edition of Brant's book pub- 
 lished at Paris in 1513, and in the subsequent edition of 
 Barclay's translation in 1570 (J), and probably elsewhere. 
 
 The ancient pews were exceedingly simple in form, 
 being in fact mere benches with backs and ends, and differ 
 from each other only in their plainness or ornamentation. 
 
 Perhaps the earliest existing pew is at St. John's 
 Church, "Winchester : the end is rectangular, but panelled 
 with tracery of a not elaborate design; but fr-om this 
 tracery and a simply-moulded capping, the date may 
 safely be fixed as late decorated work, or about the third 
 quarter of the fourteenth century (c). 
 
 (J>) Stultifera Navis, Paris, 1513 : De veritatcm non tacendam tacen- 
 tiius, fol. xcvi. Also De sapientie prwceptis audiendis, f ol. xxiiii, where 
 Wisdom, as a female, is represented preacHng from a pulpit ; and the cut 
 is repeated in Be sapientie iiwnitis, fol. xii (in error for xcii). The same 
 blocks are made use of in the Ship of Fools (translation by Alexander 
 Barclay, priest), fol., 1570. 
 
 (c) St. John, Winchester, engraved in Proceedings of the ArchcBologicol 
 Institute (Winchester volume), 1845 ; and also by the Incorporated 
 
CH. XI.— ARCHITECTUEAL HISTORY. 161 
 
 In the districts whicli are celebrated for their magnifi- Book I. 
 
 . . ^ Ch. XI. 
 
 cent ecclesiastical woodwork in the fifteenth and sixteenth 
 
 centuries we should naturally look for the finest examples ancient 
 of early pews ; nor are we disappointed. The most beau- 
 tifiil are to be found in Norfolk, with adjoining parts of 
 Lincolnshire and Suflfolk, and in Somerset and Devon, 
 and fi-equently extending throughout the church and 
 almost untouched. In other localities they exist not 
 uncommonly, while in many parts of the kingdom it is 
 quite rare to find old benching. 
 
 Very simple examples occur, in which the only decora- Eich examples. 
 tion is a moulded capping running along the back and 
 end, as at Fen Ditton, Cambridgeshire ; Stoke Pogis, 
 Buckinghamshire, and "VVimmington, Bedfordshire {d); 
 and firom these there may be found every variety, up to the 
 most elaborately designed bench-ends enriched with panel- 
 ling of tracery, and tabernacle work or carving, carried 
 upwards in an ogee-shaped, crocketted slope, the apex of 
 which is crowned by a beautiful finial or poppyhead, and 
 with animals seated on the elbows : magnificent specimens 
 exist at Cheddar, Somerset ; Histon, Cambridgeshire, and 
 Woolpit, Freslingfield, "Wigenhale St. Mary the Virgin, 
 Norfolk (e), and Newark, Nottinghamshire. 
 
 Between these two extremes wiU be found every variety. 
 
 Church Building Society, which recommends this and others subsequently 
 mentioned as examples for imitation. 
 
 (d) Both Fen Ditton and Stoke Pogis are engraved by the Church 
 Building Society ; Wimmington, in Brandon's Parish Churches, Vol. II. 
 p. 35. 
 
 (e) Cheddar, by the Church Building Society ; Histon, in Cainbridge- 
 sMre Churches, published by the Cambridge Camden Society, pp. 75 and 
 80 ; Woolpit, in Brandon's Parish Churches, Vol. I. p. 57 ; Freslingfield, 
 Ibid. Vol. n. p. 59 ; "Wigenhale, Ibid. p. 45. 
 
 H. VOL. I. M 
 
162 HISTORY. 
 
 Book I. Sometimes the bench-end is perfectly plain, but runs up 
 
 into a simply-designed fleur-de-lis for a finial, as at Win- 
 Simpler 11. 
 designs. thorpe, Lincolnshire, and Ketton, Rutland (/"). More 
 
 frequently the end, though flat-topped, is, if otherwise 
 
 plain, ornamented with little buttresses, as at Haseley, 
 
 Oxon. (g), more often it is panelled, and chiefly in later 
 
 Good examples times ornamented with carving. Good examples of simple 
 
 of ancient -i z-vi 
 
 benches. panelling may be seen at Up Waltham and Ulymping, 
 
 both in Sussex (Ji) ; beautiful specimens of more elaborate 
 and beautiful geometric traceried panelling occur at 
 Cleyhanger, Devon; Yate, Gloucester, and Crowcombe, 
 Somerset (e). Such panelling, combined with rich carving, 
 is seen at Trull, Somerset, and Braunton, Devon (J) ; and 
 carving alone, at Milverton, Somerset, Cubberly, Glou- 
 cester, and CrudweU, Wilts (A). At Elkstone, Gloucester, 
 though perfectly devoid of aU other ornament, the elbows 
 are both curled back in a very unusual manner : it may 
 possibly be an example of an unusually early date (Z) ; at 
 Clapton, Somerset (m), is one somewhat similar, but it 
 appears to be of late date. 
 
 (/ ) Winthorpe and Ketton are both engraved by the Church Building 
 Society. 
 
 (y) Haseley is engraved by the same, and also in the Glossary of 
 A7'chitecture, Vol. II. plate 102. 
 
 (h) Up "Waltham and Clymping are both engraved by the Church 
 Building Society, and the latter also in Buckler's Parish Churches, 
 Vol. n. plate 17. 
 
 (i) Cleyhanger and Tate, both by the Church Building Society j and 
 Crowcombe, in Brandon's Analysis, Woodwork, plate 1. 
 
 (j) Trull, by the Church Building Society; Braunton, in Glossary of 
 Architectiire, Vol. H. plate 103. 
 
 (Ji) Milverton, in Glossary of Architecture, Vol. II. plate 103 ; Cubberly, 
 in same, plate 102 ; and Crudvrell, in Helton's Sketches of Clmrches. 
 
 (I) Elkstone, in Glossary of Architecture, Vol. n. plate 102. 
 
 (m) Clapton, in Proceedings of tJie Somerset Arckieological and 
 Natural History Society, Vol. X. p. 25. 
 
CH. XI. — AECHITECTUEAL HISTORY. 163 
 
 The backs of the benches are usually perfectly plain, p°°^t' 
 though it is not uncommon to find the end one of a row 
 
 Good exampli 
 panelled with tracery, as at Bacton, Norfolk (n) ; and in of ancient 
 
 benches. 
 some of the richer examples the backs of all the pews are 
 
 similarly panelled and occasionally pierced, as at FresHng- 
 
 field and South Creak, Norfolk (o). 
 
 We may note the following, in addition to those already Other good 
 T T 1 1 •£• 1 examples. 
 
 referred to, as amongst the earliest and most beautiiul or 
 
 valuable examples of the period: — 
 
 Bedfordshire . . Wimmington (p). 
 
 Cambridgeshire . Cherry Hinton (y). 
 
 „ Comberton (r). 
 
 „ Chesterton (s). 
 
 Devonshire . . Bovey Tracey (t). 
 
 Essex .... Billericay (m). 
 
 „ Great Waltham (ar) 
 
 Norfolk. . . . Worstead(y). 
 
 Somersetshire . . Nettlecombe (z). 
 
 Suffolk .... Bentley(a). 
 
 Sussex .... Burpham(5). 
 Among the ornamental carvings with which the bench- 
 
 (n) Bacton, in Brandon's Parish Clmrolies, Vol. EC. p. 67. 
 (o) Freslingfield and South Creak, in Brandon's Parish Cliurohes, 
 Vol. n. pp. 59 and 63. 
 
 {p) "Wimmington, in Brandon's Parish Clmrclies, Vol. U. p. 35. 
 
 (q) Cherry Hinton, in Cambridgeshire Churehes, Vol. II. p. 26. 
 
 (?•) Comberton, in Brandon's Analysis, Woodwork, plate 29. 
 
 («) Chesterton, by Church Building Society. 
 
 (f) BoTey Tracey, Ibid. 
 
 (m) Billericay, Ibid. 
 
 {x) Great Waltham, in Brandon's Analysis, Woodwork, plate 1. 
 
 (y) Worstead, in Brandon's Analysis, plate 31. 
 
 (z) Nettlecombe, in Glossary of Architecture, Vol. I. p. 282. 
 
 (a) Bentley, in Brandon's Analysis, Woodwork, plate 5. 
 
 (5) Burpham, by Church Building Society. 
 
 m2 
 
164 
 
 HISTORY. 
 
 Book I. 
 Ch. XI. 
 
 Ornamental 
 carvings. 
 
 ends frequently are decorated, several deserve mention. 
 At Braunton, Devon (c), are shields charged with the 
 Instruments of our Lord's Passion : and at Bromfield, 
 Somerset (^d), the sacred monogram within a carved bordure 
 of vine with grapes. The initials S. and 512E. appear 
 separately on bench-ends at Trull, Somerset (e) ; these 
 may be the initials of the donor, evidently of late date ; 
 and somewhat similar examples occur at Stogumber, 
 Somerset, and Hurstpierpoint, Sussex (_/). There is a 
 very singular bench-end at Spaxton, Somerset (gi), dating 
 apparently in the tliird quarter of the fifteenth century : 
 it bears the representation, in low relief, of a Fuller, stand- 
 ing behind a bar, across which is hung the cloth upon 
 which he is at work with an instrument, two-handled, but 
 otherwise lite a mortar board; behind him is himg another 
 length of cloth, and in the vacancies in the panel are sheers, 
 a comb, and other implements. 
 
 At CrudweU, Wilts (/j), we find the Royal Arms and 
 supporters of King Henry VII., and at MUverton, Somer- 
 set, are the Hoyal Arms, probably of King Henry YIII. (i); 
 and in the same church are five specimens carved with 
 medallions, excellent likenesses of Queen Mary, kneeling, 
 and also portraits of Cardinal Pole and Bishop Gardner (_;). 
 On the benches at Cherry Hinton, Cambridgeshire, of 
 
 (c) Braunton, in Glossary of Architecture, Vol. II. plate 103. 
 
 (rf) Bromfield, in Proceedings of Somerset ArcJusological and Natural 
 History Society, Vol. V. frontispiece. 
 
 (e) Trull, by Church Building Society. 
 
 (/) Stogumber and Hurstpierpoint, mentioned in History of Pues, p. 21. 
 
 (^) Spaxton, engraved in Proceedings of Somerset Archceological and 
 Natural History Society, Vol. VIII. p. 1. 
 
 Qi) Crudwell, engraved in Helton's Sketclies of CJiurcJtes. 
 
 (i) Milverton, engraved in Glossary of Architecture, Vol. II. plate 103. 
 
 (J) Milverton, mentioned in History of Pues, p. 24. 
 
CH. XI. — ARCHITECTURAL HISTORY. 165 
 
 earlier date than those last mentioned (k), were formerly Book I. 
 various mscriptionSj some in Latin, some m English, m- 
 
 . . Ornamental 
 
 eluding WiUiam of Wykeham's weU known motto — carvings. 
 
 PCanerjjS mafeiti) JlHan. 
 
 It is, however, only at a rather late period that we meet Earliest dated 
 
 nPTlf ilGS 
 
 with any date upon the pews. The earliest appears to be 
 one at Bishop's Hull, Somerset (Z), where some good seats 
 bear the date 1530; one at Crowcombe, Somerset (wz), 
 bears the date Mcccccxxxiiii, and tlie same year is marked 
 on one at Bourne, Cambs. (n) ; some very poor specimens 
 at Mdverton (o) are dated 1540. 
 
 When doors were added to the benches the intention Doors, 
 of appropriation was manifest. At what date this took 
 place we are unable to discover firom the benches them- 
 selves ; but as various records of parish expenditure for 
 garnets or hinges for the pews iaform us, they certainly 
 were in, at aU events, occasional use as early as 1457, in 
 the church of St. Michael, CornhiQ (/>). 
 
 The benches at Bishop's HuH, Somerset, have a bar 
 across by way of door; this might be with the object 
 of making novelty less conspicuous, or it might be for the 
 sake of economy. At Tattershall, Lincolnshire, there are 
 regular doors, but very low. Sometimes Jacobean or 
 later doors have been added to the old seats, as at Ches- 
 terfield, Derbyshire (g). 
 
 (/«) Cherry Hinton, mentioned in Cambridgeshire CJivrcJies, p. 27, 
 (I) Bishop's Hull, mentioned in History of Pues, p. 20. 
 (ot) Crowcombe, engraved in Brandon's Parish Churches, Vol. II. p. 21. 
 (ra) Bourne, mentioned in History of Pues, p. 20. 
 (o) Milverton, mentioned in History of Pues, p. 20. 
 (_p) St. Michael, Cornhill, Parish Accounts, p. 11; and ArchcEological 
 Association Journal, Vol. XXIII. pp. 324 and 325. See Chap. IV., ante, 
 (g") These examples are cited in the History of Pues, p. 20. 
 
166 
 
 HISTORY. 
 
 Book I. 
 Ch. XI. 
 
 Arrangement. 
 
 Square, or 
 double pews. 
 
 Faculties for 
 double pews. 
 
 It may be asserted without hesitation that whilst Gothic 
 architecture prevailed, the seats always consisted of rows 
 of single benches, and they seem always to have faced the 
 east, though it is possible examples might be found ia 
 which they were placed facing inwards, i. e. north or south ; 
 but ecclesiastical tradition and practice never permitted of 
 any part of the congregation being seated with their backs 
 to the altar, A subsequent arrangement was that of wider 
 pews more or less approaching a square in plan, and con- 
 taining two seats facing each other and frequently a cross 
 seat at the top, so that the seats occupied three sides of a 
 parallelogram, all facing inwards, like the interior of an 
 omnibus. The earliest which bears an actual date is at 
 Barking, Suffolk, which is dated 1601 : in the north aisle 
 of Geddington, Northamptonshire, is one with the names of 
 Churchwardens and Minister, and the date 1603 (r) : and 
 from that time a series of dated pews of the same form 
 may be met with. But there are single pews scattered 
 here and there about the churches, but no church contain- 
 ing any range of such double pews, dated previous to 1634, 
 has been remarked (s). 
 
 This very weU coincides with the evidence obtained 
 from Faculties, and there is no doubt that such pews were 
 first built by individuals for the use of themselves and 
 families under authority purporting to be conferred by a 
 Faculty from the Ecclesiastical Court of the Diocese or 
 Archdeaconry. During the first twenty-four years in 
 which Faculties for seats were granted by the Consistory 
 Court of the Bishop of London, commencing in 1595, 
 
 (r) Barking and Geddington, mentioned in History of Purs, p. 20. 
 (s) Ibid. p. 40. 
 
CH. XI. — AKCHITECTUKAL HISTOEY. 167 
 
 there are only four examples in which the space was suffi- Book I. 
 cient for double pews, or rather three, for the fourth (at 
 
 m 1 f. T . . Faculties for 
 
 Chelmsford, m 1615) was only 4 ft. 6 in. wide, and could double pews. 
 
 scarcely have been so used with moderate comfort : the 
 others were at Great Baddow, in 1612, 5 ft. 6 in. wide; 
 at Tarling, in 1616 (which was asked for under the pre- 
 tence that it would be very usefiil as a churching pew) 
 6 ft. ; and at Haverstock, in 1616, 5 ft. 6 in. (t). 
 
 The Chesterton faculty is, however, an earlier example ; 
 it is dated in 1579, and the dimensions of the space pur- 
 ported to be granted were lift, fi-om east to west, by 7 ft. 
 from north to south (m) ; the pew is no longer in existence. 
 
 At the same time that the pew extended in lateral di- Increase in 
 mensions it grew in height. We learn from the Faculties ° 
 dated in the period mentioned, that at Great Baddow, in 
 1612, one pew, which measured 8 ft. 9 in. x 5 ft., and was 
 intended for the family occupation, was to be 5 ft. high, 
 and the other, which measured 8 ft. by 5 ft. 6 in. was for 
 the maids, and was to be 4 ft. 6 in. high. At St. Martin, 
 Orgar, London, in 1616 {x), one pew measuring 12 ft. x 
 4 ft. was to be 5 ft. high, and another 12 ft. x 1 ft. 6 in. 
 wide, was to be 4 ft; high ; perhaps the latter was for 
 children, since no full grown human being could have 
 occupied such a place only 1 ft. 6 in. wide. In 1614 we 
 find a mention of a pew belonging to Lady Hevsdtt, at St. 
 Lawrence, Pountney (y), which, being so high above the 
 
 (t) London Registry, Vicar- General's Boolis, Vol XI., Great Baddow, 
 fol. IxxxT; Tarling, fol. ccix ; Haverstock, fol. ccxii. 
 
 («) Chesterton, Ely Diocesan Registry, Booh of Precedents, fol. clxxxvi. 
 ((c) St. Martin Orgar; Vicar- General's Boohs, Vol. Xn. fol. xxvii. 
 (y) St. Lawrence Pountney ; Ibid. Vol. XI. fol. cxxx. 
 
168 HISTOEY. 
 
 Book I. others as to be unsiglitly, was directed to be cut lower, but 
 Ch. XI. , . , . , . 
 ; at the cost oi the parishioners, 
 
 height. In 1612 a proceeding was instituted by the Official Prin- 
 
 cipal of the Court of London against Messrs. Ralph 
 Heard and Robert Heard, the churchwardens of Stifford, 
 
 Essex (z): — 
 
 Notatur officio ex public^ fam^, that there is a close 
 pewe built six foote high by one Mr. Thomas 
 Gumey, Esquier; et respondento eidem, fatentur 
 eandem esse verum. Unde doiauius monuit eos 
 that they take downe the head of the same pewe, 
 ante proximum, &c. 
 
 They were, however, at this early date constructed of 
 an ornamental design, and decorated with surface carving ; 
 the fact that a pew illegally built and for which a confir- 
 mation was required, or one for the erection of which a 
 faculty was asked, was ornamental to the church, and 
 costly, seems generally to have been one of the grounds 
 upon which the court was asked to make a grant. 
 
 In the Confirmation of a seat 7 ft. by 3 ft. in St. Clement 
 Danes in 1595 (a), it recites that suis magnis sumptibus 
 edificari, extrui et ornari fecit. 
 
 In 1612, in a faculty for confirmation of certain seats in 
 Enfield Church (J), to the owners of a house anciently 
 called Fortescue House, it is recited that the applicant 
 wished to transfer to a more convenient part of the church 
 a seat which he had built at his own expense and to the 
 ornament of the church. 
 
 (z) Archdeacon Hale's Proceedings in Ecclesiastical Courts, p. 236. 
 (a) St. Clement Danes ; Vicar- General's Sooks, Vol. VI. fol. ccxliil. 
 (J) Enfield ; Ibid. Vol. XI. fol. xlv. 
 
CH. XI. —AECHITECTUEAL HISTORY. 169 
 
 A faculty was issued by tlie chancellor of tlie diocese of Book I. 
 London in 1612, confirming to one John Gilberd, sedes 
 
 tamen sive sedilia in the church of Woodford, Essex (c), height, 
 which seat he had constructed and built at his own expense 
 and to the ornament of the church. 
 
 The authorities which we have referred to in a previous Rapid increase, 
 part of this work show how strongly the fashion then set opposed. 
 in from about this period, though it did not escape oppo- 
 sition ; it will sufl&ce to quote from Dr. Pocklington, who 
 was one of those who afterwards suffered much persecution 
 for his faith (c?) : — 
 
 Ambition to step up into the highest roomes and 
 seats, and there to inclose and inthronize them- 
 selves, was confined to Pharisaicall (feasts or Syna- 
 gogues ; holy men and good Christians in the 
 ancient times had no such custome — sought no 
 such state or ease ; neither the Churches of God. 
 The Churches of God did, and doe detest the 
 prophanenesse that is, and may be committed in 
 close, exalted Pewes. 
 
 The last paragraph was added in the second and subse- 
 quent editions : the work excited so much attention that 
 the two first editions were both published in the same 
 year, viz., 1637. 
 
 The causes which led to the fashion of high pews, like Reasons for 
 those of fashions generally, is only conjectural ; but the 
 author of the History of Pues attributes their adoption to 
 the objection entertained by the Puritans to certain cere- 
 monial observances (e), viz;., I. The Injunction of Queen 
 
 (o) "Woodford ; Ibid. Vol. XI. fol. xciii. 
 
 ((Z) Pocklington's Altare Christianum, 2nd ed. p. 28. 
 
 (e) History of Pues, p. 52. 
 
170 
 
 HISTOET. 
 
 Book I. 
 Ch. XI. 
 
 Reasons for 
 high pews. 
 
 Elizabeth, issued in the year 1559 (/), and subsequently- 
 incorporated into the Canon Law of the English Church 
 by the Canons of 1603 (ff), directing that due reverence 
 should be done by all persons present whenever in time of 
 Divine Service the name of Jesus was mentioned: 
 II. The practice of standing up whenever the Gloria Patri 
 ■WAS said, it being then customary to remain sitting during 
 the reading of the Psalms : III. Perhaps in the injunc- 
 tion of the Canons of 1640 (Ji), about bowing towards the 
 altar : and IV. The enforcement of the order that com- 
 municants should receive at the altar rails, and kneeling. 
 To these we may add, V., the practice of standing up 
 during the recital of the creed. The first two of these 
 reasons are discussed at some length by the author, who 
 quotes many authorities in support of his view ; the endea- 
 vour to enforce the latter was one of the charges made by 
 the notorious Peter Smart against Bishop Cosin (i) : — 
 
 Who ■will say to others, even gentlewomen of the 
 best rank sitting in their pues ; Can ye not stand, 
 you lazie sows ? — taking them by their arms, and 
 tearing their sleeves to raise them up when the 
 Nicene Creed is sung ; thus Doct. Cosin did. 
 
 In fact it seems highly probable that, if not actually the 
 cause of the adoption of high pews, they may have had 
 very great influence. But no doubt comfort and privacy 
 were also potent considerations. In fact, to mention an 
 example in illustration, it is expressly so stated in the 
 faculty for a seat in Haverstock Church, Essex, 1616 (_/), 
 
 (/) Sparrow's Collection, p. 77. 
 
 {g) Canons of 1603; No. XVIII.— Cardwell's Synodalia, p. 256. 
 (h) Canons of 1640; No. VII. — Cardwell's SynodaUa, p. 406. 
 (i) Canterlvries Orueltie, hy Peter Smart, publ. in 1643; p. 14. 
 (J) Vicar- General's Boohs, Vol. XI. fol. ccxii. 
 
CH. XI. — AECHITECTUEAL HISTOET. 171 
 
 being the uppermost on north side on the south Alley Book I. 
 adjoining the chancel; 9 ft. x 5J ft. -with leave to new 
 
 , ., , , I T, I . T n • 1 Reasons for 
 
 bulla as ne shall thmk fit m decent manner, high pews. 
 
 and to make the same higher with wainscott or 
 boord to breake and kepe of the winde that cometh 
 out of the ChanceU, so as the same be done without 
 iust occasion of offence or piudice to any other 
 parishioner. 
 
 In modem times when the Church's long dormant Considerations 
 
 . . by C3inrch 
 
 energy was turned to church building, the miportance of Building 
 the form and arrangement of seats becam.e manifest. The 
 Incorporated Society for Promoting the Enlargement, 
 BuUding and Repairing of Churches and Chapels saw 
 that it was of the highest consequence to consider the 
 arrangement of the buildings towards the erection or en- 
 largement of which their Society was asked to contribute ; 
 it was not suflScient to create more room for worshippers, 
 but it was important to make it available for as many as 
 possible ; and here it was necessary to steer between two 
 extremes, and while accommodating as large a congregation 
 as possible, yet to allow to each individual a sufficient space 
 to perform his devotions in the accustomed postures en- 
 joined by the Church. The Society very judiciously then, 
 and subsequently, gave much attention to the question. 
 At first they were of opinion that a space of thirty inches Dimensions 
 firom firont to back (inclusive of the thickness of the 
 materials) by eighteen inches in width was sufficient for 
 an adult ; but their later opinion, based upon experiment, 
 is that though thirty-three inches between the partitions 
 was sufficient for convenience, it is desirable to allow a 
 space of three feet clear, where fimds will permit, and 
 
172 HISTORY. 
 
 Book I. there must be a minimum allowance of twenty inches in 
 Ch XI. 
 
 width (/e). They absolutely prohibit double pews. The 
 
 dimensions. Ecclesiological Society took up the subject with great 
 energy in 1842, and their measures of ancient seats give 
 an average of about two feet nine inches space from bench 
 to bench (Z). 
 
 Another consideration, bearing upon the amount of 
 space required, was as to the height of the backs, and 
 whether they are best vertical or sloping. If the backs are 
 high, much more space is necessary between the seats, for 
 an absolutely vertical position of the body is not a position 
 of rest ; it is essential that the spine should be allowed to 
 incHne backwards, which must be either effected by making 
 the seat-back incline backwards, or by the individual sitting 
 forwarder and then resting back ; but the simpler plan is 
 certainly that which in the mediseval times was adopted, 
 of making the back of the seat low, when it supports the 
 hoUow of the back, which is the part where support is 
 most needed, whUe the shoulders lean slightly over. It is 
 farther suggested that the seat may slope sHghtly from 
 front to back, about three-fourths of an inch. But there 
 can be no doubt that the depth of the seat from fi-ont to 
 back, and its height from the ground, is a very material 
 consideration; the seats which until recently were in 
 general use were too narrow and high, and necessitated 
 the use of hassocks so high that they are even made to 
 serve the purpose of hat-boxes. The average depth of 
 ancient seats was about 1 ft. 3 in., or about that of an 
 
 (li) Incorporated Church Building Society, Paper on the Arrangement 
 of Churches. 
 
 (I) See the Ecelesiologist , Vol. I. p. 108. 
 
CH. XI. — AKCHITECTUEAL HISTORY. 173 
 
 ordinary dining-room chair, and their average height from Book I. 
 the ground was about 1 ft. 6 inches. This seems a good 
 
 medium. In some new railway-carriages, where, especially dimensions, 
 for long journies, the main object is to provide the utmost 
 comfort and rest, the seats are twenty-four inches deep; 
 but these are too deep to be comfortable to any but pecu- 
 harly long-Hmbed passengers. The purpose of church- 
 seats does not need, nor is it desirable, that they should 
 measure nearly so great a depth as the seats of railway- 
 carriages. 
 
174 
 
 HISTORY. 
 
 CHAPTER XII. 
 
 COMFORT : EXTRA VAGAifCIES. 
 
 Book I. 
 Ch. xn. 
 
 Comfort. 
 
 Kneeling- 
 place. 
 
 The earliest recorded pews were certainly intended to 
 afford a reasonable amount of comfort, and were in them- 
 selves in accord with, the church in which they were placed, 
 and, as we have seen, frequently of a very handsome design. 
 In the Bohe of Nurture (a), written ante a.d. 1447, the 
 attendant is directed to see that the pew for prince or prelate 
 or any other potentate be made preparate with cushion, car- 
 pet and curtain, and that the beads and book, for the proper 
 purpose of devotion, especially should not be forgotten. 
 So in the Lady "Wyche's case (3), in 1468, her Counsel 
 speaking of a seat in the chancel, speaks of the carpet, 
 book and cushion. But it must be borne in mind that 
 pews mentioned at an early date are for the convenience of 
 worship, and not merely for ease and comfort. This is 
 distinctly put in the accounts of Ludlow (c) Church in 
 1541, which speak of " Annes Davis' knelynge place," 
 and " Elsabeth Gwyn's knelynge place ;" and in 1545 
 " Ehzabethe Glover, for her knelynge place ;" and the 
 accounts of St. Matthew, Friday Street, London (t?), in 
 
 (a) John Russell's Bohe of Nurture, Early English Text Society's 
 edition, by Mr. Furnivall, p. 179. 
 
 (b) Year Booh, 9 Edward IV., ed. 1597, p. 14. 
 
 (o) ArchcBologioal Association Jowrnal, Vol. XXIH. pp. 317 and 318. 
 (,d) Ibid. Vol. XXV. p. 262. 
 
CH. XII.— COMFORT. 175 
 
 1548, "IX Benches to knylle upon in the pewes.!' CH°xn. 
 Latimer and Bradford, in 1553 (e), speak of time-serving intg^ded for - 
 
 and un-willing conformists at the Reformation, neither tneeling. 
 worshipping nor kneeling, but " sitting still in their pews" 
 at the time of Mass. And in the Will of Dionice 
 Leveson ( /), in 1560, she mentions " the pew that I com- 
 monly use to kneel in." 
 
 So also the intended uses for the seats granted by 
 the Faculties were very explicitly set forth, as for example 
 in that relating to Enfield Church (^c) : — 
 
 Ad sedendum, genua flectendum, divina audiendum, 
 aliasque religiosas devotiones peragendi iu sedilibus 
 predictis tempore celebracionis divinorum et verbi 
 Dei predicacionis. 
 
 In another, in the church or chapel of Ullenhall other- 
 wise Ownall, in the Diocese of Worcester, in 1610 (A) : — 
 
 In qu^ ipse cum liberis suis et famulia sua, tempore 
 divinorum precum, sedere, genua flectere, et preces 
 offimdere commode possint. 
 
 As already mentioned it was usual to impart an oma- Ornament 
 mental character to pews for which a faculty was asked, 
 and not uirfrequently these jackdaws appeared in peacock's 
 plumes; destroyed screens and stall-work, supphed eco- 
 nomical materials for the construction of pews, and in later 
 times for pulpits. Instances of such conversions are not 
 uncommonly to be met veith yet existing ; and persons an- 
 acquainted with medieval archeology and early wood- 
 
 (e) Walcott's Sacred Arclusology, s. v. Pew. 
 
 (/) Prerogative Registry, 60, Mellersh. 
 
 (g) Enfield ; Vicar- General's BooTts, Vol. XI. fol. xIt. 
 
 (Ji) Worcester Registry, Bullinglia-m, fol, bcxxxvi. 
 
176 HISTOET. 
 
 Book I. work naturally fall into the error of ascribing to such pews 
 or pulpits the date of the carved -work with which they 
 
 Ornament. 
 
 and cushions. 
 
 have been constructed. "We have already adverted to two 
 very remarkable examples at Lavenham, in Suffolk. As 
 another, of many examples, may be mentioned the fact that 
 part of the rood-loft of the church of St. Martin, London, 
 was purchased by the parish of St. James Grarhck Hythe (J), 
 no doubt for such purpose. 
 Comfort; mats The diary of Prior Moore, of Worcester (Cathedral) (j), 
 1518-35, mentions amongst the new year's gifts he re- 
 ceived, " a pillow of grene and red silke for my pewe," but 
 no doubt meaning his stall in the Cathedral. 
 
 The account of produce of sales of the goods of the 
 church of All Hallows, Bread Street, between 2nd and 
 6th Edward VI. (k), speak of 
 
 a long mat, 12 J yards, & mats for the 4 new 
 
 pews 2^4'* 
 
 And also at St. Michael's, ComhiU {1} : — 
 
 1574. Paide for mattes for poore folkes 
 
 pewes in the Churche . . • ij^ viij"* 
 
 1574. Paide for X yardes of Comisshe 
 mattes for my Ladye's pewe w"" 
 nayles f workmanshipp . . iiij' vj"* 
 
 Sir Thomas More, complaining of the increasing want 
 of reverence in church, says (jn) : — 
 
 if it hap us to kneele then either do we knele upon y° 
 
 (i) Paper by W. Durrant Cooper, Esq., F.S.A., in Transactiom of the 
 London and Middlesex ArcJusological Society, Vol. HI. p. 397. 
 
 ij) Noakes' Sistory of the Monastery and Catliedral of Worcester, 
 p. 170. 
 
 (/i) Extracts from State Papers, Church Reviem, 21st October, 1865. 
 
 (I) Cornhill Chwrchmardena' Accounts, pp. 168 and 169. 
 
 (m) Thomas More's Works, p. 1359 f. 
 
CH. XII. — COMPORT. 177 
 
 tone knee | lene upon y* tother, or els will wee have Book I. 
 
 ch Sir 
 
 a cushion layd under the both, yea | sometime '■ '■ — 
 
 (namely if we be any thyng nyce $ fine) we cal for 
 a cushio to beare up our elbowes to, f so like an 
 olde rotten ruynouse house, be we fain therewith 
 to bee staide f underpropped. 
 
 As a luxury imitated from the custom in the houses of Strewing Boor, 
 the upper class, the floor was occasionally strewed with 
 rushes, as at Ludlow (w) : — 
 
 1560-1. Oct. 30. 
 
 Aboute that tyme, to the pavier's wif, ij 
 burden of rushes & makinge cleane 
 M"". baylive's seat .... iiij'' 
 
 1571-2. 
 
 Paid for making clene master baylyef 
 seate iiij"*, & for two burden of roshes 
 to sti-awe it agayne . . . viij** 
 
 Paid Surges for makinge bigger the 
 same pewe doore, & for hys tymber 
 & nayles ij' viij'* 
 
 And so at St. John Zachary, London (o) : — 
 
 1594. Paied for birche for churche . . xij"* 
 
 And, later, George Herbert, in A Priest to the Temple, 
 1652, says (jo) — 
 
 The Countrey Parson * * takes order * * 
 that the Church be swept, & kept clean without 
 dust, or Cobwebs ; & at great festivals strawed, and 
 stuck with boughs, & perfumed with incense. 
 
 (») Cliurchmardens' Accounts, Camden Society, pp. 106 and 152. 
 (o) St. John Zachary, London, Churchwardens' Accounts, unpnhlished. 
 (p) George Herbert's Priest to the Temple, chap, xiii.— The Parson's 
 Church, ed. 1652, p. 57. 
 
 H. VOL. I. N 
 
1 ( 8 HISTORY. 
 
 Book I. When pews Had become general, and especially wlien 
 
 they were strewed with rushes and supplied with mats, it 
 
 min. was likely that dust and vermin would accumulate. Thus 
 
 at St. Michael's, Cornhill, there is entered (q) : — 
 
 1469. payed for iij rat trappes for the 
 
 Chirche ..... vj^ 
 
 And the same year there was this further charge (r) : — 
 
 1469. Itm paid to the Raker for caryng 
 awey of the Chirche dust whan 
 the pewes were made clene . vu^'^ 
 
 And, again, five years later (s): — 
 
 1474. paid to the raker for caryng awey of 
 the Chirche dust when the pewes 
 were made clene . . . viij** 
 
 And at St. Stephen, Walbrook, London, the church- 
 wardens' accounts for the year 1474 show this item (t) : — 
 
 Pay pur makyng clene of the pewys 
 ^ cherche yerd the xxiij iour 
 dec'br an" E*" (quarti) xiiij . . vj'' 
 
 And in 1494 the churchwardens of AU Hallows, Staining, 
 London («) : — 
 
 p'd to the Raker for cariyng awey the 
 dust of mykyng clene the pues in 
 the Chu'cli .... jx"* 
 
 (2) Cornhill Accounts, p. 40. 
 
 (?•) Ibid. 
 
 (s) Ibid. p. 54. 
 
 (<) St. Stephen, Walbrook, London, Charcliwardcns' Aoconnts, un- 
 pnblislied. 
 
 («) AU Hallows, Staining, London, Churcbwardens' Accounts, un- 
 published. 
 
CH. XII.— COMFORT. 179 
 
 At St. Mary, Woolchurch, London, in 1557 (x) : — Book I 
 
 CyS, XII. 
 
 Paied tlie fyfte daye of Aprill to tlie Rubbish, 
 
 carte'' for carrynge awaye the 
 rubbishe of the pues . . . iiij'' 
 
 ;d 
 
 The former amounts were not so trifling as might appear 
 until we consider the relative value of monies then as 
 compared vrith the present day. 
 
 Later stUl, the subject frequently formed an item of 
 inquiry at Bishops' Visitations ( y). 
 
 Sometimes the effect rather exceeded mere dust, as at 
 St. Margaret's, Westminster (z), where in 1610 they paid 
 sixpence for salt to destroy the fleas in the churchvs^ar dens' 
 pew. And larger vermin also found a harbour, as at St. 
 Michael, Cornhill. 
 
 Sir Thomas More relates " a Merry Tale," from which A Merry Tale, 
 it clearly appears that pews were low-sided, for had it 
 been otherwise the ofiender might have made his recan- 
 tation quite privately, while the object in ordering the 
 penance was clearly that of publicity (o). 
 
 The pore man, quod he, had founde y"= priest ouer 
 famylier with his wife, and bycause he spake it 
 a brode and coulde not proue it, the priest sued 
 him before j' Bishoppes ofiyciaU for dyffamatyon, 
 when the pore man upon paine of cursynge, was 
 commanded that in his parysche chyrch, he should 
 upon y" sondaye, at high masse time stade up f sai, 
 mouth, thou lyest. UUherupo for fiilfiUinge of 
 
 (ar) St. Mary, Woolchuroh, Churchwardens' Accounts. 
 
 (y) e.g. Bishop Wren's Ely Visitation Articles, 1662, chap. iii. a. 6. 
 
 (z) Nichols' Illustrations, p. 29. 
 
 (a) Sir Thomas More's Works, fol. 1557, 127 d. 
 
 N 2 
 
180 
 
 i-iisTonr. 
 
 Book I. 
 Ch. xir. 
 
 A Merry Tale. 
 
 hys penace, up was the pore soiile set in a pew, that 
 y° peple might woder on him and hyre what he 
 sayd. And there all a lowde (whan he had re- 
 hersyd what he had reportyd by the prieste) than 
 he sett his handys on his mouth, f said, mouth, 
 mouth, thou lyest. And by and by thereupon he 
 sot his hand upon both his eyen | sayd, but eyen, 
 eyen q*? he, by y' masse ye lye not a whitte. 
 
 Double pews. 
 
 Pews like 
 tabernacles. 
 
 The double, or famUy pews, which had been introduced 
 with the commencement of the seventeenth century, and 
 soon superseded all other patterns for building until our 
 own day, seem always to have been high, in order to attain 
 increased comfort and privacy. They gradually increased 
 in dimensions and luxury, and attained their maximum in 
 point of magnitude and comfort, in the last century, as 
 some examples still survive to attest : their progress may 
 be traced. 
 
 In Queen Elizabeth's reign Bishop Corbet, of Nor- 
 wich (i), says: — 
 
 I am verily persuaded, were it not for the pulpit and 
 the pews (I do not now mean the Altar and the 
 Font for the two Sacraments, but for the pulpit 
 and the stools as you call them;) many Chtirches 
 had been down that stand. Stately pews are now 
 become tabernacles, with rings and curtains to them. 
 There wants nothing but beds to hear the word of 
 God on : we have casements, locks and keys, and 
 cushions ; I had almost said bolster and pillows ; and 
 
 (S) Letter to his Clei-gy to make collections on behalf of St. Paul's, 
 London, dated 1622, in Harl. MSS. 750; Bishop Coriet's Poems, reprinted 
 1807, edited by Gilchrist, pref. xlvi. 
 
CII. XII.— EXTRAVAGANCES. 181 
 
 for those we love the church. I will not guess Book I. 
 
 what is done within them, who sits, stands or lies fl ! — 
 
 asleep, at prayers, communion, &c., but this I dare 
 say, they are either to hide some vice, or to pro- 
 claim one ; to hide disorder, or proclaim pride. 
 
 Weever, whose work on Funeral Monuments was pub- High, and easy 
 
 Til- • f 1 !• 1 ^° sleep in. 
 
 lished m 1631, distinctly refers to the recentness of the 
 change (c), and condemns — 
 
 seates or pews made high and easie, for the Pa- 
 rishioners to sit, or sleepe in ; a fashion of no long 
 continuance, and worthy of reformation. 
 
 Dr. Pocklington, in the second and subsequent editions 
 of his work entitled Altare Christianum, which seems to 
 have had an extensive sale, since it rapidly passed through 
 several editions, took occasion to reprobate the ambition 
 which led men to step up into the highest places and there 
 enclose and enthronize themselves, as being suitably only 
 for Pharisees and opposed to the practice of the Churches 
 of God, which, on the contrary, detested " the prophane- 
 nesse that is, or may be, committed in close and exalted 
 pewes" {d). 
 
 And in 1638, Bishop Mountagu inquires (e) ; — Hindcrance to 
 
 other persons. 
 S. 6. Are the seats and pews built on an uniformitie ? 
 or do they hinder and incumber their neighbours in 
 hearing God's word and performing Divine Ser- 
 vice? 
 
 (c) Wefiyer's Funeral Ifomiments, fol., London, 1631, p. 701. 
 
 (d) Dr. Pocklington's Altare Cliristianum, ed. 1637, p. 28. 
 
 (e) Bishop Monntagu's Norwich Visitation Articles, reprinted Cam- 
 bridge, 1841, p. 42. 
 
182 
 
 HISTORY. 
 
 Book I. 
 Ch. XII. 
 
 Minister hnnt- 
 ing up and 
 down to find 
 the congrega- 
 tion. 
 
 High pews, an 
 innovation. 
 
 Udall, in Communion Comelinesse (f), 1641, says: — 
 
 The people are shut up close that they neither see 
 nore heare, untill the Minister "come to the Pewes 
 where they sit; in which, sometimes, there are 
 divers Pewes, and they farre distant one from the 
 other; in which there are but one, or but two 
 Communicants, in this comer, and one or two 
 in the other corner ; and others up in the 
 gallery ; and so will have the Minister to hunt 
 up and downe to search them out, and administer 
 unto them scattered here and there in severaU 
 Pewes, remote one from the other. And I thinke 
 shortly the Sacrament of the L/ord's Supper wiU 
 get up into the Steeple among the BeUs with us as 
 the Sacrament of Baptisme hath done heretofore 
 among the Papists. 
 
 He speaks repeatedly of them as being a recent inno- 
 vation (jf) : — 
 
 A late new kind of building the Pewes so much 
 higher and closer than heretofore. 
 
 Our new, high, long and close Pewes . . being 
 a late and noveU fashion thing. 
 
 The new manner of making the Pewes in later times, 
 where they are built higher and longer than here- 
 tofore they have been. 
 
 Bishop Wren, in 1662 (A), inquires of the church- 
 wardens of his diocese, whether the parishioners 
 
 draw near, and with all Christian humility and 
 reverence come before the Lord's Table ? And 
 
 (/) Communion Comelinesse, by Rev. Ephraim Vdall, Kector of S. 
 Austin's, London, 1641, p. 5. 
 (g) Ibid, preface and p. 6. 
 (A) Ely Visitation Articles, 1662, chap. vii. sec. IS. 
 
CH. XII. — EXTRAVAGANCES. 183 
 
 not (after the most contemptuous and unholy usage ^°°^tt 
 of some, if men did rightly consider) sit still in 
 
 their seats, or pewes, to hare the blessed Body and ^"^^ brought 
 Blood of our Saviour go up and down, to seek to occupants of 
 them all the Church over ? P^""' 
 
 Bishop Wren, in his Visitation of the Diocese of Nor- 
 loick in 1636, and again, after the Restoration, when he 
 had become Bishop of Ely, inquires (z) : — 
 
 Are the seats well maintained, and the bottoms of Seats boarded 
 them either boarded or paved ? The Parishioners ""^ ^^^* ' 
 using none but pesses and fast mats in their seats 
 to kneel upon, or for warmth in winter ? Are any 
 pewes so loftily made that they do any way hinder 
 the prospect of the Church or ChanceU, or that 
 they which are in them be hidden from the face of 
 the Congregation? 
 
 And he ordered, 
 
 that no pews be made over high so that they which Not to exceed 
 be in them cannot be seen how they behave ^ ^^ ^^ 
 themselves, or the prospect of the Church or 
 ChanceU be hindered; and therefore that all 
 pews, which within do much exceed a yard in 
 height, be taken down near to that scantling, imless 
 the Bishop by his own inspection, or by the view 
 of some special commissioners, shall otherwise 
 aUow." 
 
 At Cholderton, "Wiltshire (A), is a pew 6 feet high, with 
 glass windows in the door to enable the occupants to see 
 
 (i) Bishop Wren's HormicU Visitation Articles, 1636, chap. iii. sec. 13; 
 Ely Visitation Articles, 1662, chap. iii. sees. 6 and 16. 
 (*) CJiureh of tlie People, 1867, p. 142. 
 
184 HISTORY. 
 
 Book I. the preacher, and other windows in the side to enable 
 Ch. XII 
 '■ — them to survey the congregation : all being fitted with 
 
 vate sitting- sliding shutters. At Branksea, Dorsetshire {I), was one 
 as large as a drawing-room, and magnificently furnished ; 
 and having a fireplace and windows and blinds to secure 
 privacy from the rest of the congregation. At Merstham, 
 Surrey (m) (until very recently), and at Mickleham, 
 Surrey, were pews raised some feet above the level of the 
 cold, damp floor, comfortably fitted and possessing a fire- 
 place, and table ; by no means uncommon examples. 
 Such " pride of place" seems peculiarly offensive, even 
 when the particular locality be a private chapel annexed 
 to the parish church. 
 
 But stUl the poor consolation may be held out that we 
 are not so bad as our neighbours in Northern Europe, 
 though it must be admitted that they have a show of 
 excuse in their climate. 
 
 Extraordinary Dresden furnishes, perhaps, the most extraordinary 
 
 arrangement 
 
 at Dresden. example, in the Frauenkirche, built in 1734, on somewhat 
 of the plan of a Greek cross, with the arms aU apsidal, and 
 a vast dorae over the intersection. The ground floor, or 
 pit, is partly occupied by benches, all numbered. The 
 north, south and west arms are filled up with galleries in 
 seven or eight tiers, the lowermost projecting forward as 
 in the balcon of a theatre ; there are, besides, many minor 
 openings like windows, serving as private boxes. On each 
 side of the chancel is a small parlour, separated firom it by 
 
 (J) Church of the People, 1865, p. 28, quoting from the Shrewsbury 
 Chroniole, 4th November, 1864:. 
 
 (jn) Swrrey Archcsological Society's Collections, Vol. III. p. 8 (article 
 by the present author). 
 
CH. XII, — EXTEAVAGANCES. 185 
 
 glass, a few panes of wHich will open ; here sit the leading Book I. 
 people of the town. It is estimated that the church '- 
 
 contains sittings for 6,000 people, and standing for 2,000 
 more. 
 
 The ancient cathedral of Trondhjem (Drontheim) in At Trondhjem. 
 Norway (w) (built by an English bishop in the twelfth 
 century) has since the establishment of Protestantism 
 been fitted up in an irregular manner with private boxes. 
 On each side of the choir (the nave having been destroyed) 
 are three, or even four, tiers of private boxes, not very 
 regular in form or size, but comfortably glazed and cur- 
 tained ; the pews below are strictly preserved, so that the 
 few poor who do attend the service must stand all the time, 
 and on the cold pavement — no light infliction in that 
 northern latitude, even in summer. A constant expec- 
 toration is both audible and visible. 
 
 It is not necessary to furnish other examples ; they are 
 common enough in the northern half of Europe. 
 
 Nor is it necessary to notice how far the pew-system has Pew-systcm 
 prevailed on the Continent. In -Holland, North Germany, North of 
 and Scandinavia, where the popular rehgion is Lutheran, ^ °^ ' 
 the appropriation of seats is more strongly marked than in 
 our own country, though in many places the separation 
 of sexes has not disappeared. In the extreme North of 
 France, the Roman Catholics have adopted it; and the 
 name of the lessee or a card inscribed " A louer a Noel" 
 is constantly seen. Central and Southern France adopts 
 chairs in preference to benches ; often the chairs are pri- 
 
 (») The Ecclesiologist, Vol. XVII. (1856J, p. 401 (artiile by the present 
 author). 
 
186 
 
 IIISTOEY. 
 
 Book I. 
 Ch. XII. 
 
 Arrangements 
 on the Conti- 
 nent; 
 
 and of the 
 
 Eastern 
 
 Church. 
 
 vate property, bearing on a brass plate the name of the 
 owner, and arranged to shut up and lock together, so as 
 to prevent their use by any other person ; but they have 
 no claim to any particular site, and the owners pay a 
 trifling charge for their standing just as the public pay 
 a sou or two for the use of a chair, Spain and Italy have 
 the right to boast of their cathedrals and churches being 
 absolutely free and unappropriated ; and the whole Eastern 
 Church, including Russia and Greece, with its resolute 
 persistency in maintaining the usages of tradition, pre- 
 serves its churches with a clear and free area to all 
 worshippers alike. 
 
( 187 ) 
 
 CONCLUSION OF BOOK I. 
 
 Book I. 
 We now close this part of the subject. Our task has Conclusion, 
 been a somewhat heavy one in consequence of the wish to 
 render it, by the investigation of each branch of the sub- 
 ject, as complete as lay within our power ; this necessitated 
 a reference to a large number of authorities, many of which 
 are original records and documents, and others are scarce 
 or difficult of access. The extracts relating to the earlier 
 period, if sometimes they appear to ' be too freely intro- 
 duced, will yet be found either singly or collectively to 
 have a more or less important bearing; and when once 
 inserted have in scarcely any instance been repeated. In 
 the extracts referring to the seventeenth century, when 
 the mention of pews became frequent, it was necessary to 
 select only those of most consequence. 
 
 To a certain extent the subject may be deemed an 
 archeeological study; but its bearing upon the present 
 state of the Law of Pews, may render it a matter of prac- 
 tical importance. 
 
INDEX OF NAMES AND PLACES 
 
 MENTIOKED IN BOOK X. 
 
 PAGB 
 
 Albans, St., 
 
 Faculty for seat .. 112,114 
 
 All Hallows Beead Street, 
 Maidens' pews 133, 141, 176 
 
 All Hallows Staininq, 
 
 mending, and dust of pews 55, 56 
 57, 178 
 
 All Hallows in the Wall, 
 Priests' pew . . . . . . 37 
 
 Alnewtk, Alan, 
 Will of 67 
 
 Alphage Ceippleoate, St., 
 Presentment for sitting with 
 wife 1.87 
 
 Alta Eipa, Thos. de, 
 WiUof 45 
 
 Ambrose, St., 
 rebuking Emperor Theodo- 
 
 sius .. .. 63,128 
 
 assaulted by Arian women . . 127 
 
 America, 
 folding seats formerly used 4, n. 
 
 Andrew TJndershaft, St., 
 seating in 1520 . . 55, 131 
 
 Andrewes, Bishop, 
 
 mention of Pew-fellow . . 36 
 
 Anglo-Saxon Canons, 
 forbidding women in choir. . 71 
 
 Anjou, Queen Margaret op, 
 represented in an illumination 10 
 
 Anthony's, near Plymouth, St., 
 seats overturned . ■ . . 62 
 
 Appulbt, Bryan, 
 Will of 
 
 .. 130 
 Arian Women, 
 
 assaulting St. Ambrose . . 128 
 
 Arundel, Archbishop, 
 reading Bull. . .■ .. 10 
 
 page 
 Ashton under Lynb, 
 
 arrangement of women in 
 seats in 1422 . . 75, 127 
 
 Augustine the Great, St., 
 referring to separation of 
 sexes . ■ ■ • . . 127 
 
 Bacton, Norfolk, 
 
 existing scats . . . . 163 
 
 Baddow, Great, Essex, 
 
 faculty for seat . . 120, 167 
 
 Baddow, Little, Essex, 
 faculty for seat . . . . 120 
 
 Bale, 
 English Votaries . . . . 39 
 Image of Both Churches 92, 147 
 
 Barclay, Alexander, 
 
 Ship of Pools .. ..160 
 
 Baret, John, 
 Will of . . . . 18, 52 
 
 Barking, Suffolk, 
 
 Seat dated 1601 . . . . 166 
 
 Barling, Essex, 
 
 Inventory of church goods 18, 58 
 
 Beauohamp, Sir Thomas, 
 Will of . . . . 21, 45 
 
 Bellarminb, Cardinal, 
 reference to nobles in chan- 
 cel 65 
 
 Bemingham, Little, Norfolk, 
 wedding pew .. ..154 
 
 Bentham, Bishop, 
 
 Visitation Articles . . . . 60 
 Bentley, Suffolk, 
 
 existing seats . . . . 1 63 
 
 Beverley, Anne, Vowess, 
 
 Will of 125 
 
 Bbwe, Richard, 
 Will of 
 
 135 
 
190 
 
 INDEX OF NAMES AND PLACES. 
 
 PAQB 
 
 BiLLEEicAT, Essex, 
 
 existing Beats ■ . . . 163 
 
 Bishop's Hull, Somerset, 
 existiDg seat dated ] 530 . . 165 
 
 Bletchinglt, Stjkket, 
 Parish accounts . . 15, 57 
 scaffold 153 
 
 Booking, John, 
 Will of .. .. 18,53, 129 
 
 Bodmin, Cornwall, 
 
 contract for seats and pnlpit 
 in 1491 64 
 
 Bolton, Perot, 
 
 Rector's stall in 1461 . . 46 
 
 BOSSALL, TOEKSHIEB, 
 
 Seat in church in 1454 . . 67 
 
 EOTOLPH AlDGATE, ST., 
 
 Parish accounts 58, 69, 143, 144 
 Parish Clerk's Book 15, 91 
 
 Bourne, Cambridobshieb, 
 existing seat dated 1534 . . 165 
 
 BovET Teacbt, Devon, 
 
 existing seats . . . . 1 63 
 
 Branksba, Doesbt, 
 
 huge pew .. .. .. 184 
 
 Brant, 
 
 Stultifera Navis .. ..160 
 Beaunton, Devon, 
 
 existing seats . . 162, 164 
 
 Brommeld, Somerset, 
 
 existing seats .. ..164 
 
 Bruges, William, Garter King, 
 
 Will of 33 
 
 Beunne, Robbed de, 
 
 Handlyng Synne .. . . 71 
 BuENET, Bishop, 
 
 Visitation Articles . . 39, 121 
 EuEPHAM, Sussex, 
 
 existing seats . , . . 163 
 
 BuHSTBAD, Great, Essex, 
 
 faculty seat . . . . 70, 136 
 
 Burt, Lancashire, 
 
 loft in 1634 163 
 
 Burt, Rev. Hbnht, 
 
 Willof 153 
 
 Burt St. Edmunds, 
 
 Stools in 1463 in St. Mary's 
 
 Church 52 
 
 Buxton, Norfolk, 
 
 memorial pew . . ■ . 1 54 
 
 Canon's, Thoepe, 
 Minister's pew 
 
 Cantelupb, Bishop, 
 Canons . . . , 
 
 Caudell, Janet, 
 Will of 
 
 38 
 
 66 
 
 125 
 
 Caxton, 
 edition of Mort d'Arthure . . 41 
 
 Chapman, John and Catherine, 
 gift of glazing and stooling, 
 ante 1462 . . . . 52 
 
 Cheddae, Somerset, 
 
 existing seats . . . . 161 
 
 Chelmsford, Essex, 
 
 faculty for seat . . . . 167 
 
 Chbrrt Hinton, Cambs., 
 existing seats .. 163,164 
 
 Chesterfield, Dbrbt, 
 
 existing seat . . . . . . 165 
 
 Chesterton, Cambridgeshire, 
 
 earliest known faculty for 
 seats . . 101, 102, 163, 167 
 
 Chichele, William, 
 
 monumental brass . . , , 155 
 
 Chichester, 
 
 Return of Diocese in 1569 131 
 Choldbeton, Wilts, 
 
 high pew 183 
 
 Clapton, Sombeset, 
 existing seats . . . . 162 
 
 Clavering, Robert, 
 Will of 132 
 
 Clement Danes, St., 
 faculty for seat ..116, n., 168 
 
 Clethangee, Devon, 
 existing seats . . , . 162 
 
 Cltmping, Sussex, 
 
 existing seats . . . . 162 
 
 Comberton, Cambridgeshire, 
 existing seats . . , . 163 
 
 CONSTANTINE, EmpEROR, 
 
 separation of sexes . . .. 128 
 
 Constable, Robert, 
 Willof 67 
 
 Corbet, Bishop, 
 Letter to Clergy , . , . 180 
 
 CosiN, Bishop, 
 Visitation Articles . . . . 121 
 
 charge against him . . . . 170 
 
INDEX OF NAMES AND PLACES. 
 
 191 
 
 PAGE 
 
 Cbanmek, Abchbishop, 
 Visitation Articles . . . . 69 
 
 Ceeak, South, Nobfolk, 
 existing seats .. ..163 
 
 Crbtke, Thomas, 
 Inventory of goods . . . . 21 
 
 Crowcombe, Somehsbt, 
 existingseatsdated 1534 . . 162,165 
 
 Ceudwell, Wilts, 
 existing seats . . 162, 164 
 
 CUBBBE.LT, GlOSTEE, 
 
 existing seats .. .. 162 
 
 Cteil, St., 
 separation of sexes . . . . 127 
 
 DANC ASTER, 
 
 transcript of Piers Plowman 30 
 
 D'Aeset, Sir Arthur, 
 
 seat in choir . . . . 69 
 
 DBCKEE AMD WeBSTEE, 
 
 Pew-fellow 3C 
 
 Denne, 
 paper on Sedilia . . . . 4, n. 
 
 Dbvonshieb, 
 beautiful examples of wood- 
 work . . . . . . 161 
 
 DiCKLEBUEO, NOEPOLK, 
 
 Pew in 1451 33 
 
 DiONis Backchuech, St., 
 
 Inventory of goods . . . . 37 
 
 Vestry minutes . . . . 108 
 
 DoL, Beittant, 
 
 existing bench . . . . 24 
 
 Deesden, Feauenkieche, 
 present pews . . .. .. 184 
 
 Dronthelm Cathedral, 
 present pews . . . . 185 
 
 Ducket, ALDEEMAii, 
 Pew 141 
 
 Dunstan, St., 
 
 Canons forbidding women in 
 choir . . . . . . 71 
 
 DUEAUDUS, 
 
 Symbolical reasons for sepa- 
 ration of sexes . . ..128 
 
 DUEHAM CATHEDBAL, 
 
 Pew for gentlewomen 18, 7S, 134 
 Canons in 1256 ■ . . . 66 
 
 Eaele, Bishop, 
 
 The She precise Hypocrite . . 151 
 
 PAGE 
 
 Eable's Colne, Essex, 
 faculty for seat . , 117, n., 137 
 
 ECCLBS, LANOASHIEE, 
 
 arrangement in seats • • 92 
 
 Edgar, King, 
 
 Canons forbidding -women in 
 choir .. 
 
 Edinburgh, St. Giles, 
 riot in 
 
 71 
 
 60 
 
 Edwaed VI., Kino, 
 
 Prayer Book .. ..135 
 
 Eggesclipfb Church, 
 
 stalls mended in 1501 . . 47 
 
 Elizabeth, Queen, 
 
 Articles .. .. 59,169 
 
 Elkstonb, Glostek, 
 
 existing seats . . . . 162 
 
 Elmstbad, Kent, 
 
 seats in 1474.. .. 53,160 
 
 Elvetham, Hants, 
 locks forbidden . . . . 152 
 
 Ely, 
 
 Visitation Articles in 1638 
 and 1662 126 
 
 Enfield, Middlesex, 
 
 faculty for seat 120, 168, 175 
 
 Eusbbius, 
 
 Ecclesiastical History . . 127 
 
 EusTON, Suffolk, 
 pew in 1479 63 
 
 Exeter, 
 
 Diocesan Synod in 1287 . . 6, 67, 74 
 Fabtan, Kobeet, 
 
 Will of 68 
 
 Faith, London, St., 
 
 women's pews . . . . 136 
 
 Fen Ditton, Cambbjdgeshiee, 
 
 existing seats 
 Florence, 
 
 Church of San Miniato 
 
 History by Messer Poggio . . 
 Feance, 
 
 pews in North , . 
 
 chairs in centre and South . . 
 Feense, Robert, 
 
 Will of 
 
 161 
 
 2 
 
 26 
 
 185 
 185 
 
 . 33 
 
 Frbslingfield, Norfolk, 
 
 existing seats .. 161,163 
 
 Fyfield, Berks, 
 
 Presentment , . , . . . 60 
 
192 
 
 INDEX OF NAMES AND PLACES. 
 
 Tyngali,, Yorkshire, 
 Closet 
 
 126 
 
 Gabdinbe, Robert, 
 Will 
 
 Gateshead, Durham, 
 presentment . . 
 
 Geddbs, Jane, 
 Missile stool . . 
 
 18, B6 
 
 134 
 
 61 
 
 Geddingtoh", Nobthants, 
 
 seat dated 1603 . . . . 166 
 
 Geemant, Nobth, 
 pews . . . . . . . . 185 
 
 GouGH, Gtpfeat, 
 
 Will of 124 
 
 Geat, Archbishop Walter db, 
 
 Constitutions . . 4, 47 
 
 Greek Churches, 
 
 ■without seats . . . . 186 
 
 Gbifpin, Benjamet, 
 Monumental pew . . . . 154 
 
 Grobteste, Bishop, 
 
 Canons . . ■ • . . 66 
 
 Gurnet, Thomas, 
 high pew in 1612 . . . . 168 
 
 Hacknbt, Middlesex, 
 
 faculty for pew rents in 1598 . . 80, 
 118 
 Hadham, Herts, 
 
 faculty for seat ■. ..117 
 
 Hall, Gilbert, 
 
 WiU of 48 
 
 Hasblet, Oxpoedshire, 
 
 existing seats . . . ■ 162 
 
 Haverstock, Essex, 
 
 faculty for seat . . 167, 170 
 Hatward, puella, 
 
 presented for sitting with her 
 mother . ■ . . . • 134 
 
 Hedsob, Bucks, 
 
 pews in 1496 . . . . 55 
 
 Hedwoethe, Richard, 
 
 Will of 131 
 
 Helena, Empress St., 
 
 in women's part of church . . 128 
 Heenb, Kent, 
 
 pewing in 1454 . . 34, 160 
 Hewitt, Lady, 
 
 high pew in 1614 . . • . 167 
 Hibbert-Waee, Dr., 
 
 Editor of Customs of Manor 75 
 
 PAGE 
 HiGHAM FeEEAKS, NORTHANTS, 
 Monumental Brass . . . . 155 
 
 Histon, Cambridgeshire, 
 existing seats . . . . 161 
 
 Holland, 
 pews . . . . . . . . 185 
 
 Hull, Kingston-upon, 
 seat in Trinity Church in 
 1428 45 
 
 Hurstpibrpoint, Sussex, 
 existing seats . ■ . . 164 
 
 Ipswich, St. George, 
 arrangements . . . . 62 
 
 James Gaelickhithb, St., 
 
 rood-loft 176 
 
 Jennings, Stephen, Loed 
 Mayor, 
 gift of pewing . . . . 56 
 
 John Zachaby, St., 
 
 churchwardens' accounts 15, 151, 
 177 
 
 JOHNES, 
 
 translation of Monstrelet's 
 Chronicle . . . . . . 10 
 
 Johnson, Rev. Hugh, 
 
 a preacher . . . . 118, n. 
 Kensington, Middlesex, 
 
 Pew 129 
 
 Ketton, Rutland, 
 
 existing seats . . . . 162 
 
 KiRKB MERINGTON, DURHAM 
 
 woman's stall 
 KiRKHAM, Bishop, 
 Canons 
 
 KiRKHOusB, Elizabeth, 
 Will of 
 
 132 
 
 66 
 
 132 
 
 Langham, John and Agnes, 
 gift of great stolys, ante 
 1462 52 
 
 Laodicba, Council, 
 
 forbidding women in choir. . 70 
 
 Lasseles, Sir William, 
 Will of 46 
 
 Latimer, 
 
 pews broken at his preaching 1 3 
 
 condemning sitting still at 
 mass .. .. .. 175 
 
 Laud, Archbishop, 
 
 removal of women from choir 73 
 Lavenham, Suffolk, 
 
 Pews of Screenwork 158, 176 
 
INDEX OF NAMES AND PLACES. 
 
 193 
 
 PAGE 
 
 Lawrence Pouwtnet, St., 
 faculty for pew . . . . 167 
 
 Lee, Richaed, 
 Will of 131 
 
 Levbkton, Lincolnshibb, 
 parisli accounts 5, 12, 66, 149 
 
 Lbvbson, Diana, 
 Will of . . . . 131, 175 
 
 Lewis, Petee, 
 admonisliiiig maiden . . 184 
 
 LlCHPIELDiBlSHOP (see Selwyn). 
 
 Lincoln, 
 Canons in middle of 14tli 
 century . . . . . . 66 
 
 LiNCbLNSHIEB, 
 
 beautiful examples . . . . 161 
 
 London, 
 peculiarities of . . 81, 100 
 churches, see 
 
 Aldgate, St. Botolph. 
 
 AJl Hallows, Bread Street. 
 
 All Hallows, Staining. 
 
 All HaUows-in-the-Wall. 
 
 Alphage, Ciipplegate, St, 
 
 Andrew XJndershaf t, St. 
 
 Botolph, Aldgate, St. 
 
 Clement Danes, St. 
 
 Confrerie du Pai. 
 
 Dionis Backchurch, St. 
 
 Faith, St. 
 
 James Garlickhithe, St. 
 
 Lawrence Ponntney, St. 
 
 Margaret, New Fish Street, St. 
 
 Margaret Pattens, St. 
 
 Martin Orgar, St. 
 
 Mary Aldermary, St. 
 
 Mary Colechurch, St. 
 
 Mary at Hill, St. 
 
 Mary Magdalen, Old Fish 
 Street, St. 
 
 Mary Mounthaw, St. 
 
 Mary le Strond, St., als Savoy. 
 
 Mary Woolchurch Haw, St. 
 
 Matthew, Friday Street, St. 
 
 Michael, Comhill, St. 
 
 Michael, Friday Street, St. 
 
 Mildred, St. 
 
 Clave, Bread Street, St. 
 
 Paul's Cathedral, St. 
 
 Peter Chepe, St. 
 
 Sepulchre, Newgate, St. 
 
 Stephen, Walbrook, St. 
 
 Swithin, Londonstone, St. 
 
 Zachary, St. John. 
 
 H. VOL. I. 
 
 PAGE 
 
 Ludlow, Salop, 
 
 churchwardens' accounts 15, 84, 
 
 85, 87, 88, 89, 124, 
 
 127, 149, 174, 177 
 
 Ltndwood, 
 
 Provinciale . . . . . . 48 
 
 Maldon, Essex, 
 
 order for arrangement of 
 parishioners . . . . 110 
 
 Manchester, 
 
 St. Nicholas or TrafEord 
 chapel closet .. ..125 
 
 Mantes, Council, 
 forbidding women in choir 70 
 
 Maek, St., 
 
 sexes separate in his time . . 127 
 
 Maegabet, New Fish Stbeet, 
 St., 
 select vestry . . . . 97, n., 98 
 
 Maegaebt Pattens, St., 
 
 churchwardens' accounts 43, 151 
 
 Mabgaeetting, Essex, 
 
 minister's pew . . . . 38 
 
 Maeshall, Cheistophee, 
 
 Will of 129 
 
 Maetin's nigh Chaeikg Ceoss, 
 St., 
 seat in 1516 129 
 
 Mabtin Oegae, St., 
 
 faculty for pew 111, 167, 176 
 
 Maey Aldeemaet, St. 
 
 chapel in . . • . . . 136 
 
 Mabt Colechuech, St. 
 
 Parish register . . . . 134 
 
 Vestry minute .. ..144 
 
 Maet at Hill, London, St. 
 churchwardens' accounts 53, 132 
 
 Maet Magdalen, Old Fish 
 Stbeet, St., 
 pew in 1453 34 
 
 Maet Mounthaw, St., 
 
 faculty for select vestry 96, n., 99 
 
 Mart lb Steand, St., 
 faculty for seat . . 115, n. 
 
 Maet Woolchuech Haw, St., 
 Black book . . . . 50, 77 
 
 churchwardens' accounts 15, 18, 
 133, 151, 179 
 
 Massam, Yoekshiee, 
 closet 126 
 
194 
 
 INDEX OF NAMES AND PLACES. 
 
 PAGE 
 
 Matthew, Friday Street, St. 
 Churchwardens' accounts . . 130, 
 132, 136, 140, 149, 174 
 
 Meawtts, Master John, 
 seat 129 
 
 Merton, 
 
 Constitutions A.D. 1300 .. 48 
 
 Merstttam, Surrey, 
 
 large pew . . . . . . 184 
 
 Michael, Cornhill, St., 
 
 Churchwardens' accounts 11, 38, 
 
 43, 50, 51, 79, 123, 129, 135, 
 
 140, 141, 142, 145, 148, 149, 
 
 105, 176, 178, 179 
 
 "Vestry minutes . . 16, 93 
 
 Michael, Friday Street, St., 
 
 women's seats . . . . 127 
 
 MiCKLEHAM, SUEREY, 
 
 large pew . • . . . . 184 
 
 MiDDLETON TYAS, YORKSHIRE, 
 seat in 1559 130 
 
 Mildred Poultry, St. 
 
 Vestry minute .. ..136 
 
 Milton, 
 
 pew at Smithfield . . . . 34 
 MiLVEHTON, Somerset, 
 
 seats dated 1540 162, 164, 165 
 
 MONSTRELBT, 
 
 Chronicle . . . . . . 10 
 
 Moore, Prior of Worcester, 
 cushion . . . . ■ . 176 
 
 More, Lord Chan-celloe Sir 
 
 Thomas, 
 
 jest of seat in chancel . . 68 
 
 strife about pews . . 130, 176 
 
 merry tale . . . . . . 179 
 
 MouNTAGU, Bishop, 
 
 Visitation Articles 138, 153, 181 
 
 MoubtoninHempstede, Devon, 
 pulpit previous to 1491 . . 64 
 
 Neefs, 
 
 paintings by . . • . 10 
 
 Neile, Bishop of Winchester, 
 order in 1631 . . . . 162 
 
 Nettlecombe, Somerset, 
 
 existing seats . . . • 163 
 
 Nevile, Sir Alexander, 
 Will of 67 
 
 Newark, Nottinghamshire, 
 existing seats . . . • 161 
 
 page 
 Norfolk, 
 beautiful examples . . . . 161 
 
 Noethorpb, Lincolnshire, 
 Hall-dog pew . . . . 144 
 
 Norwich, St. Andrew, 
 
 new stooUng in 1508 18, 56 
 
 NOWELL, ROSEE, 
 
 pew dated 1534 .. ..83 
 
 Olave, Bread Street, St., 
 claiming right of allotting 
 seats . . . . . . 101 
 
 OWNALL ALS. ULLENHALL, 
 
 faculty for seat ..115, n., 175 
 
 Pagelsham, Essex, 
 mended seats . . . . 58 
 
 Paris, 
 
 St. Denis preaching to people 
 of, 7 
 
 Paul's Cathedral, St., 
 order forbidding thorough- 
 fare 148 
 
 bishop's pew . . . , 40 
 
 Paulinus, 
 life of St. Ambrose . . 127 
 
 Pbckham, Archbishop, 
 
 Constitutions . . . . 48 
 Pepys, 
 
 diary .. .. 40,152 
 
 Peter Chepe, St., 
 
 Churchwardens' accounts 38, 49, 
 130, 136, 143, 149 
 Petrb, Lord, 
 Appropriator of Great Bur- 
 stead 136 
 
 Philo-Jud.«:us, 
 
 separation of sexes . . 127 
 
 Philpot, William, 
 
 Will of . . 21, 27, u., 34, 53 
 
 Piers Plowman, 
 
 Vision . . . . 30, 31, 135 
 
 Plympton, 
 
 seats before 1491 . . , . 54 
 POCKLINGTON, Dr., 
 
 Altare ChrisUan'um 39, 169, 181 
 Podium Laurentii, 
 
 Le Puy Laurens . . . . 27 
 
 Podium Moeini, 
 Le Puy Morin . . . . 27 
 
 Podium Velauno, 
 Le Puy en Velay . . . . 27 
 
INDEX OP NAMES AND PLACES. 
 
 195 
 
 PAGE 
 POGGIO, MeSSBE, 
 
 History of Florence . . 26 
 
 POGGIO, RATMTTNDUS DB, 
 
 Master of Order of St. John 26 
 
 POTEMAN, AECHDBACON WIL- 
 LIAM, 
 
 WUlof 46 
 
 PEESTBimT, Lancashire, 
 faculty for appointment of 
 seats in 1671 . . . . 150 
 
 Put, M. Dtr, 
 name latinized by Puteanua 
 or Podianns . . . . 27 
 
 PtJT, LAtTBENS LB, 
 
 latinized as Podium Lau- 
 
 rentU 27 
 
 Put Moein, Lb, 
 
 latinized as Podium Morini 27 
 
 Put, Eatmond de, 
 
 Master of Order of St. John 26 
 
 Put bn Velat, Le, 
 
 latinized as Podium Velauno 27 
 QuiviL, Bishop, 
 
 Canons . . . . 67, 71 
 
 Eavenua, 
 
 basilicas . . . . . • 2 
 Ebdb, Sie Eichaed, 
 
 WUlof 130 
 
 Kedeboenb Chuech, Heets, 
 
 seats in 1569 131 
 
 Eestwolde, Eobeet, 
 
 "Wniof 55 
 
 Eichaed II., Kihg, 
 
 MS. History .. ..10 
 
 EiDLEY, Bishop, 
 
 Visitation Articles . . . . 59 
 
 EOCHESTEE CATHBDEAL, 
 
 ■women forbidden in choir in 
 1625 .. .. 73,138 
 
 St. Margaret, faculty for 
 seat 102 
 
 EOCKE OE EOKES, ME., 
 
 maidens' pew . ■ . . 182 
 
 EOKBWOOD, EOGBE, 
 
 hisWm 53 
 
 EOLLB, Eichaed, 
 Works 48 
 
 EOME, 
 
 basilica of San Clemente . . 2 
 church of S. Paolo fuori le 
 Mure . • . • . ■ 2 
 
 PAGE 
 
 EOTHEEHAM, YOEKSHIEB, 
 
 stall in 1483 . . . . 53, 129 
 
 Eichard Lylle, BailifE of S3, 129 
 
 EOTHEEHITHE, 
 
 Churchwardens' accounts . . 58 
 
 EtrssiAN Chuecheb, 
 
 no pews . . . • . . 186 
 Salisbuet Cathbdeal, 
 
 women removed from choir 
 c. 1633 73 
 
 Sauudebt Chuech, 
 seat in 1467 46 
 
 SOAEBOBOXJGH, TOEKSHIEE, 
 
 chaplain's stall in 1479 . . 46 
 
 SCAELE, John db, Loed Chan- 
 celloe, 
 WiUof 45 
 
 Schaedblowb, Ladt, 
 pew in 1463 52 
 
 SCOTLAKD, 
 
 Canon in 1225 . . . . 65 
 
 Sblwtn, Bishop, 
 faculty to prevent appropria- 
 tion 122 
 
 Sepulcheb, Newgate, St., 
 pew and organ . . . . 37 
 
 Shakspbaeb, 
 
 mention of pew .. .. 35 
 
 Shilbotell, Petee, 
 Willof 46 
 
 Shopland, Essex, 
 
 Inventory of church goods 18, 58 
 
 Skielaw, Bishop, 
 tomb in Durham CathedraJ 
 removed . . , , . . 134 
 
 Smaet, Peteb, 
 
 charge against Cosin . . 170 
 
 Smtth, Hugh, 
 
 Willof 46 
 
 Soceatbb' Ecclesiastical His- 
 toet, 
 places of Emperor and Em- 
 press 128 
 
 SOEST Cathedbal, Westphalia, 
 existing seats at . . 23, 154 
 
 SOMBESBT, 
 beantiful examples , . . . 161 
 
 SoEE, Sie William, 
 vicar of St. Martin's nigh 
 Charing Cross . . . . 129 
 
 o2 
 
196 
 
 INDEX OF NAMES AND PLACES. 
 
 PAGE 
 
 SouTHWAEK, St. Mabt Overt, 
 Lady Chapel, pew in 1520 . . 124 
 
 Spain, 
 mats instead of seats . . 6, 186 
 
 Spaxton, Sombeset, 
 
 existing seat . ■ . ■ 164 
 
 Spblmait, 
 
 on faculties for select vestries 97 
 
 on pew rents . . . . 150 
 
 Spetng, Thomas, 
 
 founder of chantry at La- 
 venham .. .. .. 158 
 
 Stamford, Lincolnshiee, 
 pewing in 1449 . . 33, 160 
 
 STANNUfG-TON, DUEHAM, 
 new stalls in choir 1501 . . 47 
 
 Stephen Walbeook, St., 
 pews cleaned in 1474 46, 178 
 
 Stepney, Middlesex, 
 faculty for select yestry 96, n. 
 
 Stifpoed, Essex, 
 pew in 1612 168 
 
 Stogumbee, Somerset, 
 existing seats . . . . 164 
 
 Stoke Pogis, Bucks, 
 
 existing seats . . . . 161 
 
 Stokkee, Matoe of London, 
 pew in 1467 51 
 
 Stowe, 
 
 mention of seating in 1520 55 
 
 Steetton supbe Fosse, 
 faculty for seat . . . • 104 
 
 Sttwaed, Thomas and Cicely, 
 donors of seats in 1454 . . 49 
 
 Suffolk, 
 
 beautiful examples . • . . 161 
 
 SWAPFHAM, Norfolk, 
 
 early general seating, 1454 
 
 and 1462 . . . . 49, 52 
 
 SWITHIN LONDONSTONB, St. 
 
 faculty for seat . . . . 120 
 Talbot, John, 
 
 Will of 125 
 
 Tabling, Essex, 
 faculty for seat . . 113, 167 
 
 Tattbeshall, Lincolnshiee, 
 existing seat. . .. .. 165 
 
 Tbntbedbn, Loed, 
 faculties for select vestries 
 invalid . . . . . . 98 
 
 PAGE 
 
 Theodosius, Emperob, 
 
 rebuked for sitting in choir 63 
 sittinginmen'spartof church 128 
 
 Theydon Gaenon, Essex, 
 faculty for seat 68, 114, 117, n., 
 120 
 Thoenton, Eobbet, 
 transcript of Richard RoUe's 
 works . . . . . . 48 
 
 Thoenton-lb-Stebbt, Toek- 
 
 SHIRB, ■ 
 
 closet in 1571 . . . . 126 
 
 TOECELLO, 
 
 Church of Sta. Fosca . . 2 
 
 TOWNELEY, SlE JOHN, 
 
 arranging seats at Whalley 83 
 Tristrame, John, 
 
 WiUof 130 
 
 Teondhjbm Cathedkal, 
 
 present pews . . .. .. 185 
 
 Trull, Somerset, 
 
 existing seats . . 162, 164 
 
 Udall, Ephraim, 
 
 Communion Comelinesse 62, 182 
 
 TJllenhall oe Ownall, 
 
 faculty for seat . .115, n., 175 
 Upohuech, Kent, 
 
 sedilia . . . . . . 4, n. 
 
 Valence, 
 
 appropriated seats . . . . 5 
 Venice, 
 
 Church of Sta. Fosca, Torcello 2 
 Waltham, Geeat, Essex, 
 
 existing seats . . . . 163 
 
 Waltham, Up, Sussex, 
 
 existing seats . . . . 162 
 
 Waelet, Great, Essex, 
 faculty for seat . . 117, n. 
 
 Watford, Heets. 
 
 faculty for seating .. ..117 
 Weevbe, 
 
 Funeral Monuments . . 181 
 
 Westminster, St. Maegaekt's, 
 
 churchwardens' accounts 13, 26, 
 56, 79, 127, 148, 144, 145, 149 
 Whallet, Lancashire, 
 
 pew arrangements in 1534 . . 83 
 Whickham, 
 
 stall in 1565 131 
 
 Whitehall Theatre, 
 
 pew in . . . . . . 40 
 
INDEX OF NAMES AND PLACES. 
 
 197 
 
 PAGE 
 
 Whittinghame, Noethtjm- 
 
 BEBLAND, 
 wife's seat in 1 582 . . 132 
 
 WiGENHALB, ST. MAET the 
 v., NOEFOLK, 
 
 existing seats , , . . 161 
 
 WlMBliBDON, STJEEET, 
 
 churchwardens' accounts . . 67 
 
 WlMMINGTON, BEDFOEDSHIEE, 
 
 existing seats .. 161,163 
 
 WlNCHELSEY, AbCHBISHOP, 
 
 Constitutions . . . . 48 
 
 Winchestee, St. John, 
 
 early existing pew . . . . 160 
 
 WlNTHOEPB, LiNCOLNSHIEE, 
 existing seats . . . . 162 
 
 WlNTKOfGHAM, WILLIAM, 
 
 Will of .. .. 21,33 
 
 WiEKSWOETH, DeEBTSHIEB, 
 
 faculty to prevent appropria- 
 tion 122 
 
 WiVBLL, CHEISTOPHBE, 
 
 Will of 126 
 
 WooDFOED, Essex, 
 
 faculty for seat . . . . 169 
 
 WooLPiT, Norfolk, 
 
 existing seats . . . . 161 
 
 PAGE 
 Woecestee Cathbdeal, 
 
 inventory of goods . . 6, 15 
 
 Canons in 1240 . . . . 66 
 
 WOESTEAD, NoEFOLK, 
 
 existing seats . . . . 163 
 
 Weath, 
 sitting among wives and 
 widows . . . . 30, 31, 135 
 Ween, Bishop, 
 
 Visitation Articles 121, 126, 138, 
 164, 182, 183 
 
 WYUtTENBUET, CHESHIEB, 
 
 woman's form in 1563 .. 131 
 
 Wtche, Lady, 
 suitforremovingcoat armour 68, 
 174 
 
 Tatb, Glotjcesteeshieb, 
 existing seats . . . . 162 
 
 TOEK, 
 Cathedral, 
 
 women removed from choir 
 
 c. 1633 73 
 
 All Saints, Pavement . . 125 
 St. Leonard's Hospital . . 67 
 St. Mary the Old . . . . G8 
 
 St. Michael le Belfry . . 67 
 
 St. Michael Ouse Bridge End, 
 
 parish clerk's stall . . 48 
 
 St. Sampson . . . . . . 125 
 
 YouNGE, John, 
 Will of 34 
 
GENERAL INDEX TO BOOK I. 
 
 ACTION FOR TRESPASS, , page 
 
 will not lie for moTeable seats . . . . . . . . . . 12 
 
 ACCUSTOMED SEATS, 
 
 of laymen . . . . . . . . . . . . . . . . 67 
 
 ADMINISTRATION, 
 
 of Holy Communion in pews . . . . . . . . 182, 183 
 
 ALDERMAN, 
 
 pew . . . . . . . . . . . . . . . . 140 et seq. 
 
 pew trimmed by parish of benevolence . . . . . . . . 142 
 
 buying tabernacles and church goods . . . . . . . . 140 
 
 AT.T, 
 
 the parishioners to be seated .. .. .. .. 117,149 
 
 ALLEY, 
 
 or aisle, middle . . . . . . . . . . . . 52, 55 
 
 ALTAR, 
 
 position in early churches . . . . . . . . . . 1 
 
 afterwards at contrary end of church . . . . . . . . 3 
 
 AMBROISE, ST., 
 
 illumination, in MS. of 14th cent. .. .. .. .. 8 
 
 ANGLO-SAXON CHURCH, 
 
 differing in plan from a basilica . . . • ■ • . . 2 
 
 APOSTOLIC CONSTITUTIONS, 
 
 refer to separation of sexes . . ■ . • • • • . • 127 
 
 APPROPRIATION, 
 
 contrary to common law right . . . . . . . . . . 74 
 
 earliest definite instances . . . . . . . . . . . . 74 
 
 to men and women separately . . . . . . . . . . 1 37 
 
 according to rank and station . . ■ • . . . . . . 76 
 
 Exeter canons of 1287 75 
 
 right exercised by various authorities . . . . . . . . 83 
 
 claimed by vestry . . . . . . . ■ . . . . . . 101 
 
 generally . . . . . . . . . . . . . . 129 et seq. 
 
 faculty to prevent in future . . . . . . . . . . 122 
 
 most southern example in France . . . . . . . . 5 
 
 APSE, 
 
 of a basilica . . ■ . • ■ • • • • ■ • • • 1 
 
 not always much elevated . . . . - . • • . • 2 
 
 few in England . . . . . . . . . . . . . . 3 
 
 ARCHITECTURE OF PEWS, 
 
 historical account . . . . . . . . . . . • . . 166 
 
 dimensions.. .. .. .. .. .. .. 167,172 
 
 ornamental .. .. .. .. .. .. 161,168 
 
 arms, carving, and date .. .. .. .. .. .. 104 
 
 the square form . . . . • . . ■ • • • . • • 166 
 
200 GENERAL INDEX TO BOOK I. 
 
 AEEANGEMENT, page 
 
 of churches at the earliest period . . < . , . . . l 
 
 of persons in seats in 1422 . . . . . . . . . . 76 
 
 in 16th and 17th centuries . . . . 13, 62, 81, 109, 118 
 
 AETICLES POR CHURCH, 
 
 to be provided by parishioners . . . . . . . . . . i 
 
 BAG, 
 
 Church Alley, 14G 
 
 BAILrFFS, 
 
 granting seats . . . . . . . . . . . . . . 85 
 
 claim by prescription . . . . . . . . . . . . 90 
 
 BAR, 
 
 instead of door .. ,. .. .. .. .. .. 165 
 
 BASILICA, 
 
 form and arrangement . . . . . . . . . . . . 1 
 
 of San Miniato, Florence . > . . . . . . . . 2 
 
 San Clemente, Rome . . . . . . . . . . . . 2 
 
 S. Paolo f uori le Mnre, Rome . . . . . . . . . . 2 
 
 Ravenna . . . . . . . . . . . . . . . . 2 
 
 Sta. Fosca, Torcello i . . . . 2 
 
 BEADS, 
 
 for use in pew . . . . . . . . . . . . . . 174 
 
 BEDESMEN'S PEW 143 
 
 BENCHES, 
 
 a few, the only seats in Southern Europe . . . . . . 5 
 
 of stone, running round chm'ches . . ■ . . . . . 5 
 
 BEQUESTS, 
 
 for pewing 49, 52, 53, 56 
 
 BIRCH, 
 
 for the church . . . . . . . , . . . . . . 177 
 
 BISHOP'S THRONE, 
 
 in a basilica . . . . . . . . . . . . . . 1 
 
 BOKE OF NURTURE, 
 
 arrangements in pews . . . . . . . . . . . . 174 
 
 BOOK, 
 
 in seat in chancel . . . . . . . . . . . . . . 68 
 
 for pew 118,174 
 
 BOULSTERS, 
 
 for seats of pew .. .. .. .. .. .. .. 142 
 
 BURGESSES' PEW 143 
 
 CANONS. See Constitutions. 
 
 CAPS, 
 
 worn in church . . . . . . . . . . . , . , 9 
 
 CARPETS, 
 
 to sit on, at sermons , , , . . . . . . . , . 5 
 
 in pew 68, 174 
 
 CATHEDRA, 
 
 apparently meaning chair .. . . . . , . ] 6 22 
 
 CATHEDRAL, 
 
 frequently monastic or collegiate . . . . , . . , 3 
 
 choir stalls for clergy , . . . . . 4 
 
GENERAL INDEX TO BOOK I. 201 
 
 CELEBRANT, page 
 
 position in a basilica . . . . . . . . • . ■ - 1 
 
 in mediiEval church . . . . . . ■ ■ . . 3 
 
 in Oriental and Jewish churches . . . . . . ■ ■ 3 
 
 CEREMONIALS, 
 
 of Pope Clement VHI., permitted nobles in choir . . . . 64 
 
 CHAIRS, 
 
 nsual in central and south France . . . . . . . . 185 
 
 CHANCEL, 
 
 as distinguished from body of church . . . . . . . . 74 
 
 repaired and seats supplied by rector . . . . . . . . 4 
 
 seats always called iteZZs .. .. .. .. ..17 
 
 regularly occupied by clergy . . . . . . . . . . 45 
 
 Emperor Theodosins' place 63 
 
 only illustrious laymen admitted ■ . . . . . . . 64 
 
 probably referred to in Exeter Canons 75 
 
 frequent in and after 15th cent. . . . . . . . . . . 68 
 
 forbidden to women . . . . . . . . . . 70 — 73 
 
 seats removed temp. Q. Mary . . . . . . . . . . 69 
 
 CHANTRY CHAPELS, 
 
 contained no fixed seats . . . . . . . . . . . . 123 
 
 at Reformation seized and pewed . . . . . . . . 124 
 
 seats sold . . . . .... . . . . . . . . 125 
 
 termed closets . . . . . . . . . . . . . . 125 
 
 CHAPEL. (And see Chautey.) 
 
 termed a pern . . . . . . . . . . . . . . 41 
 
 seats in Lady Chapel 128,124 
 
 CHARGE, 
 
 against Bishop Cosin . . . . , . . . . . . . 170 
 
 CHARLES L, KING, 
 
 forbade women in cathedral choirs . . . . . . . . 73 
 
 CHAYRS, 
 
 and seges at Bodmin . . . . . . . . . . . . 64 
 
 CHOIR STALLS, 
 
 for clergy . . . . . . . . . . . . . . 4, 45 
 
 CHURCH, 
 
 early form . . . . . . . . . . . . . . . . 1 
 
 frequent ground plan on continent . . . . . . . . 3 
 
 interiors seen in illuminations and engravings . . 6, 13 
 
 meaning body as distinguished fi'om chancel . . . . . . 74 
 
 common to all . . . . . . . . . . . . . . 81 
 
 originally without seats . . . . . . . . . . . . 1 
 
 alley-bag .. .. .. .. .. .. .. .. 146 
 
 darkened by gallery . . . . . . . . . . . . 154 
 
 strewed with rushes . . . . . . . . . . . . 1 77 
 
 CHURCH-BUILDING SOCIETY 171 
 
 CHURCHWARDENS, 
 
 pew and key to pew .. .. .. .. .. 114,151 
 
 appointing to seats. (And see AprROPRIATlON) . . . . 109 
 
 CLEANING, 
 
 charges for cleaning pews . . . . . . . . 46, 51, .'iS 
 
 CLERGY, 
 
 seats . . . . . . . . . . . . . . . . 45 
 
 seats said to have been property of . . . . . . . . 12 
 
202 GENEKAL INDEX TO BOOK I. 
 
 CLOSET, PAGE 
 
 chantry chapel so called .. .. .. .. .. ..125 
 
 COMPORT, 
 
 high pews for . . . . . . . , . . . . . . 171 
 
 COMMUNICANTS, 
 
 not to tarry in choir after offering . . . . . . . . 13,5 
 
 COMMUNION, HOLY, 
 
 administered in pews .. .. .. .. .. 182,183 
 
 CONCESSIONARY, 
 
 of a basilica . . . . . . . . . . . . , . 2 
 
 contained relics of patron saint . . . . . . . . . . 2 
 
 CONFIRMATION OF SEATS, 
 
 faculties for 108, 120 
 
 CONEEERIE DU PUI 28 
 
 CONGREGATION, 
 
 often seated on floor . . . . . . . . . . 7, 10 
 
 CONSENTS, 
 
 to faculties for seats .. .. .. .. .. ., 116 
 
 CONSTITUTIONS, 
 
 Trnllan Council, A.D. 683 64 
 
 Scottish Church, A.D. 1225 65 
 
 Bishop Cantelupe, A.D. 1240 .. ..66 
 
 Archbishop Gray, A.D. 1252 4, 47 
 
 Bishop Kirkham, A.D. 1255 66 
 
 Bishop Grosteste, A.D. 12 — . . . . . . . . . . 66 
 
 Archbishop Peckham, A.D. 1280 .. .. .. ..48 
 
 Bishop Quivil, A.D. 1287 6, 67, 74 
 
 Archbishop Winchelsey, A.D. 1300 68, 84 
 
 Of Merton 46 
 
 Province of Canterbury, 1603 and 1660 X70 
 
 CONTINENTAL CHURCHES, 
 
 tiers of pews in north .. .. .. ... .. .. 184 
 
 no seats in south, generally ^ . . . . 5 
 
 most southern example .. .. .. .. .. .. 5 
 
 chairs in part of Prance . . . . . . . . . . . , 185 
 
 CONTRACT FOR SEATS, 
 
 at Bodmin in 1491 . . • • . . . . . . . . 64 
 
 CONVENTIONALITY, 
 
 of church interiors, in illuminations . . . . . . . . 6, 8 
 
 CORPORATION, 
 
 and other special pews . . . . . . . . . . . . 1 40 
 
 COST, 
 
 of pews in 1491 .. .. .. .. .. .. ..54 
 
 CROSS ON STEEPLE, 
 
 paid for out of church Alley-bag 147 
 
 CURTAINS, 
 
 to pews 33, 174, 177 
 
 CUSHIONS, 
 
 in pews 33, 68, 174 
 
 CUSTOM, 
 
 of bowing during divine service 170 
 
 standing at recital of Greed 170 
 
GENEKAL INDEX TO BOOK I. 203 
 
 DATE, PAGE 
 
 of early pews . . . . . . . . . . . . . . 159 
 
 carved on pews . . . . . . . . . • • . 165, 166 
 
 DEGREE, 
 
 seating according to. See EAif K and Station. 
 
 DENIS, ST., 
 
 MS. Life of (lith cent.) 7 
 
 DEPUTY'S PEW 143 
 
 DESK, 
 
 term not in general use before 1440 . . . . . . . . 22 
 
 dpnble, for singing men . . . . . . . • . . . . 57 
 
 DIMENSIONS, 
 
 of ancient pews .. .. .. .. .. .. .. 163 
 
 DOG-PEW 145 
 
 DONOR, 
 
 name or initials carved on pew . . . . . . . . 155, 164 
 
 DOORS, 
 
 to seats 134,150,151,152,165 
 
 as indicated by hinges . . . . . . . . . . 50, 51, 130 
 
 often an addition . . . ■ • . . . . . . • • • 165 
 
 numbering or writing on . . . . . . . . . . . . 148 
 
 most Eonthem example ■ . . . . . • • • . • • 5 
 
 DOUBLE, 
 
 or family pews 152, 166, 167, 180 
 
 DUST, 
 
 payments for clearing away .. .. .. 11,51,55,177 
 
 EARLY, 
 
 names of chnrch seats . . . . . . . . ■ . . . 16 
 
 spelling of word pem .. .. .. . . . . . . 22 
 
 example of general seating on continent . . . . . . 23 
 
 seat remaining at Winchester .. .. .. .. ..160 
 
 seat at D61, Brittany . . . . . . . . . . . . 24 
 
 dates of seats .. .■ •• .. .. ■■ .■ 159 
 
 mention in wills . . . . . . . . . . . . . . 45 
 
 general form . . . . . . . . . . . . ..159 
 
 EAST, 
 
 locality for altar . . . . . . . . . . . . . . 3 
 
 turning towards . . . ■ . . . . . . . . . . 138 
 
 EASTERN CHURCH, 
 
 admits no seats . . ■ ■ ■ • . ■ • • • • • ■ 186 
 
 ECCLESIOLOGICAL SOCIETY, 
 
 originated modern opposition to pews . . . . . . . . 172 
 
 EMPEROR THEODOSIUS, 
 
 place in chancel .. •• .• .• •• •• ..63 
 
 EMPRESS, 
 
 seat next to chancel . . . . . . . . ■ • . . 63 
 
 ENGLAND, 
 
 no seats for congregation till 14th cent. . . . . . . 6 
 
 ENGRAVINGS, 
 
 of pew arrangements in 17th cent . . 13, 64, 160 
 
204 
 
 GENERAL INDEX TO BOOK I. 
 
 EBECTION OF SEATS, 
 
 under early faculties 
 
 without authority . . 
 EUROPE, 
 
 custom of congregation in south . . 
 
 most southern general appropriation 
 
 EXCHANGES, 
 
 of seats at Ludlow 
 
 FACULTIES FOE PEWS, 
 generally . . 
 
 not mentioned in early law hooks 
 earliest example in 1579 .. 
 earliest in London in 1594 
 form of grant 
 to erect seats 
 
 confirmation of seats erected 
 quiet possession . . 
 disposal of pews . . 
 to prevent appropriation . . 
 generally on ex parte application 
 grounds of application by individuals 
 grounds for general arrangement 
 for vrif e, or family 
 for contingent daughters . . 
 bare pretence 
 
 consents often required . . 
 granted for various periods 
 without system 
 rapid increase 
 
 FACULTIES FOR SELECT VESTRIES; 
 earliest 
 rapid increase 
 invalid 
 
 FACULTIES, 
 
 for various purposes 
 
 FAMILY PEW 
 
 FINES, 
 
 by vestry for not remaining in pews 
 
 FIREPLACES, 
 in pews 
 
 FIRST COME, FIRST SPEED . . 
 
 FLEAS, 
 
 in churchwardens' pew . . 
 
 FLEMISH CHURCHES, 
 
 represented in early paintings . . 
 
 FLOORING OF CHURCHES, 
 
 at early date 
 
 frequently of very late introduction 
 FLOX, 
 
 for alderman's pew 
 
 FONT PEW 
 
 FOOT-PACE, 
 for pew 
 
 PAGE 
 .. 104 
 .. 121 
 
 87 
 
 95, 100, 166 
 .. 107 
 .. 101 
 .. 106 
 .. 103 
 .. 104 
 .. 108 
 112, 114 
 .. 150 
 .. 122 
 .. 109 
 .. Ill 
 117, 118 
 
 116, 117 
 
 117, 137 
 .. 118 
 .. 116 
 .. 115 
 .. 116 
 .. 107 
 
 97 
 100 
 
 . . 105, 114 
 152, 166, 167 
 
 .. 94 
 
 .. 184 
 .. 83 
 
 144, 178 
 
 .. 11 
 
 .. 14 
 
 .. 157 
 
 .. 141 
 49, 53 
 
 .. 143 
 
GENERAL INDEX TO BOOK I. 
 
 205 
 
 FORM, 
 
 early definition of word 
 
 for sei-mona in choir 
 
 at Ludlow in 16th cent. . . 
 
 PAGE 
 ..21 
 ..15 
 . . 89 
 ..131 
 
 payment for 
 
 FRAMES, 
 
 for sermons in choir 
 
 ..145 
 ..15 
 
 rROISSAET'S CHRONICLE, 
 
 illuminations in MS. of 15th cent. 
 FULLER, 
 
 representation of, carved on seat 
 GALLERY, 
 
 at Bletchingly 
 
 in reference to appropriation 
 
 GARNETS, OR H 1 NTGES, 
 
 at Comhill from U60 
 
 from middle of 16th cent. 
 
 GATHERINGS, 
 
 from Dews .. •■ 
 
 ..9 
 
 .. 164 
 
 57, 153 
 ..153 
 
 . . 50 
 ..152 
 
 ..145 
 
 GENTLEMEN OF PARISH, 
 
 empowering churchwardens to aUot 
 
 GENTLEWOMEN'S PEW 
 
 GIBBET, 
 
 . . 92 
 ..134 
 
 ..131 
 
 GEAAL, ROMAN DE ST. 
 
 MS. of 14th cent 
 
 GRANT OF PEWS, 
 
 .. 6 
 
 . . 84 
 
 by lord of manor . . 
 GRAVES, 
 
 ..75 
 
 ..145 
 
 GEEGOIRE, SERMONS DE ST. 
 
 MS. of 14th cent 
 
 GROUND PLAN, 
 
 of Basilica . . . ■ 
 
 Anglo-Saxon church 
 
 .. 7 
 
 1 
 ..3 
 ..3 
 
 HALL-DOG PEW 
 
 . . 145 
 
 HANDLTNG STNNE, 
 
 complaint respecting laity and women in choir 
 
 HASSOCKS, 
 
 for pews 
 HIGH PEWS, 
 
 introduction 
 
 reasons for use 
 
 objections to 
 
 orders for reduction 
 
 extreme examples existing 
 
 HINGES FOR PEW DOORS, 
 at ComhiU from 1460 
 
 . . 71 
 
 69, 143 
 
 . . 167, 182 
 .. 169,171 
 .. 181,182 
 .,88,168,183 
 ..183 
 
 . . 60 
 
 elsewhere . . 
 
 .,136 
 
206 GENERAL INDEX TO BOOK I. 
 
 HISTOEY OF KING RICHARD II. page 
 MS. of 15th cent 10 
 
 HUSBAND AND WIFE, 
 
 in one pew termed indecent . . . . . . . . . . 137 
 
 ILLUMINATIONS, 
 
 showing arrangement of congregation . . . . . . . , 6 
 
 ILLUSTRIOUS PERSONS, 
 
 permitted in choir.. .. .. .. .. .. ..64 
 
 INCENSE, 
 
 used by George Herbert . . . . . . . . . . . . 177 
 
 INHERITANCE, 
 
 of pews, at Lndlow . . . . . . . . . . . . 84 
 
 INITIALS OF DONOR, 
 
 carved on pew . . • ■ . ■ • . . . . . . . 1C4 
 
 INJUNCTIONS, 
 
 royal, in 1547 59 
 
 Queen Elizabeth 59, 170 
 
 INTRODUCTION OF SEATS, 
 
 for congregation, rery gradual . . . . . . . . . . 157 
 
 INVENTORIES OF CHURCH GOODS, 
 
 temp. Edw. VI.; frequent mention of seats . . . . . . 58 
 
 KING, 
 
 permitted in chancel . . . . . . . . . . . . 66 
 
 KNEELING-PLACE, 
 
 meaning pew . . . . . . . . . . . . 88, 174 
 
 LACE, 
 
 for mayor's pew . . . . 142 
 
 LAISTOW, 
 
 a burial place . . . . . . . . . . . . . . 18 
 
 LAITT IN CHANCEL, 
 
 not to remain . . . . . . . , . , . , . . 64 
 
 customary in 1303 . . . . . . . . . . . . 72 
 
 nobles and illustrious persons permitted . . . . . . 64 
 
 others in 17th cent. . . . . . . . . . . . . 65 
 
 having accustomed seat . . . . . . . . . . 67 ci seg^. 
 
 LATTEN, 
 
 nails for mayor's pew . . . . . . . . . . . . 142 
 
 LEANING AGAINST WALL, 
 
 in default of seats.. .. .. .. .. .. 9,11 
 
 LETTEN, STALL 184 
 
 LETTING OF PEWS, 
 
 in north of France . . . . . . . . . . . . 185 
 
 LEYSTALL, 
 
 a burial place .. .. .. .. .. .. 18,89 
 
 LEYSTOW, 
 
 a burial place . . . . . . : • • • • . . 18 
 
 LOCKS TO PEWS, 
 
 in 1467 and 1515 51,151 
 
 forbidden in 1681 152 
 
 customary in 1661 . . •• •• •• ■■ •• ..162 
 
GENERAL INDEX TO BOOK I. 207 
 
 LOFT, PAGE 
 
 or gallery . . . . . . . . . . . . . . . . 153 
 
 for maidens . , . , . , . . . . . . 134 — 141 
 
 LOOSE BENCHES, 
 
 in south of Europe .. .. .. .. .. 5,11 
 
 And see Moveable Seats. 
 
 LORD OF LONDON, MY 148 
 
 LORD OF MANOR, 
 
 ordering arrangement of seats 75 
 
 LORD MAYOR. See Matoh. 
 
 MAGISTRATES IN CHANCEL, 
 
 permitted in England . . . . . . . . . . . . 65 
 
 abroad in 17th cent. . . . . . . . . . . . . 65 
 
 whether rightly , . . . . . . . .1 .. . . 65 
 
 MAGNIFICENT 
 
 examples of seats . . .. .. .. .. .. .. 161 
 
 MAIDENS, 
 
 separated from matrons . . . . . . . . . . . . 131 
 
 loft for 134, 141 
 
 MANUEL DES PECHES, 
 
 complaint of laity and women in choir . . . . . . . . 71 
 
 MATRONS, 
 
 separate from maidens . . . . . . . . . . . , 131 
 
 MATS, 
 
 for pews 38, 69, 80, 142, 143, 176, 180 
 
 instead of seats in Spain . . , . . . . . , . . . 5 
 
 perhaps partially in Englajid . . . , . . . . , . 5 
 
 MAYOR OF LONDON, 
 
 Stokker, 1467 and 1473 51, 79, 140 
 
 Jennings, 1620 ■■ ■■ .. .. •• .. ..65 
 
 Order for seating according to rank . . . . . . . . 77 
 
 Order respecting St. Paul's . . . . . . . . . . 148 
 
 MAYORESS, 
 
 separate seat for. . .. .. .. .. .. 136,142 
 
 settles for, and trimming of pew . . . . . . . . 142 
 
 MEMENTO MORI PEW 154 
 
 MENDING PEWS, 
 
 from 1459 60,51,63,65,141 
 
 frequent in 16th cent 56 
 
 MEN'S PEWS ISSetseq. 
 
 MERRY TALE, 
 
 by Sir Thomas More 179 
 
 MIDDLE ALLEY, OR AISLE, 
 
 term used in 1520 . . . . . . • • . . . . 62, 55 
 
 MIDWIVES' PEW 144 
 
 MINISTER'S PEW 37,38 
 
 MISERERES, 
 
 seats of choir stalls so called . . . . . . . . . . 4 
 
 MONEY, 
 
 hidden under a pew . . . . . . . . . . . . 154 
 
208 GENERAL INDEX TO BOOK I. 
 
 MOVEABLE SEATS, page 
 
 first used . . . . . . . . . . . . . . . . 11 
 
 a mere chattel . . . . . . . . . . . . ..12 
 
 called a nnisanoe . . . . . . . . . . . . 12, 81 
 
 in use till after Reformation . . . . . . . . . . 12 
 
 MTEC'S PARISH PRIEST, 
 
 reference to pews c. 1450.. .. .. .. .. ..11 
 
 NAMES FOR CHURCH-SEATS, 
 
 Tarions, early . . . . . . . . . . . . . . 16 
 
 NEEES, _ 
 
 paintings by . . . . . ■ . . . . . . . . 11 
 
 NOBLES, 
 
 permitted in choir. . . . . . . . . . . . 64, 65 
 
 NON-APPROPRIATION, 
 
 faculty for 122 
 
 NUISANCE, 
 
 priyate seats so declared . . . . . . . . . . . . 81 
 
 NUMBERING, 
 
 of pews 148, 149 
 
 OCCUPATION, 
 
 of seats . . . . . . . . . . . . . . . . 63 
 
 at early dates . . . . . . . . . . .. 120 et seq. 
 
 ORDER, 
 
 for writing on pew doors . . . . . . . . . . . . 148 
 
 by lord mayor for placing inhabitants in church .. ..149 
 
 by lord mayor respecting St. Paul's . . . . . . , . 148 
 
 ORGANS, 
 
 paid for out of Church Alley-bag . . . . . . . . 147 
 
 ORNAMENTAL, 
 
 design of pews . . . . . . . . . . . . 168, 175 
 
 PARADISE, 
 
 suggested deriyation of pern . . . . . . . . . . 28 
 
 PARISH CHURCH, 
 
 with sediUa for officiating clergy . . . . . . . . 4 
 
 PARISH CLERK'S STOOL 48 
 
 PARISHIONERS, 
 
 to repair church and provide necessaries . . . . . . 47 
 
 PAHLOURS, 
 
 pews resembling . . . . . . . . . . . . , . 184 
 
 PARROKE, 
 
 meaning of word . . . . . . . - . . . . . . 31 
 
 term applied to place in pew . . . . . . . . 30, 31 
 
 PARVISE, 
 
 suggested deriTation for ^e?ii .. .. .. .. ..23 
 
 PATRON OE CHURCH, 
 
 permitted in chancel ■ . . . . . . , . . . . 66 
 
 PATTENTE, 
 
 at Comhill 145 
 
 PAUPER-ROW, 
 
 in 17th century 13 
 
GENERAL INDEX TO BOOK I. 209 
 
 PAX, PAGE 
 strife about kissing it 130 
 
 PAYMENT POR PEWS, 
 
 at Westminster and Ludlow . . 79, 84 
 
 reprobated by Bale . . . . 92 
 
 And see Rent, and Gatheeinqs. 
 
 PENANCE, 
 
 mentioned by Sir Thomas More 180 
 
 PERVIS, 
 
 suggested deriTation of ^ero 28 
 
 PEW, 
 
 spelling of the word 17 
 
 name latinized .. .. .. .. .. .. .. 2L 
 
 derivation . . . , . . . . . , . . .. 2iet seg. 
 
 early use of word 22, 28, 30 
 
 meaning stall . . . , . . . . . . , . 37, 53 
 
 meaning a throne . . • . . . . . . ■ • « . . 40 
 
 meaning a private chapel.. .. .. .. .. ..41 
 
 early examples . . . . 50, 53, 159, IGO 
 
 early pews moveable 11, 12, 51, 52, 61, 62, 81 
 
 early general pewing . . . . . . . . . . 49, 52 — 56 
 
 frequent in middle of 16th century . . . . . . . . 58 
 
 construction from screenwork . . . . . . . . . . 158 
 
 flooring 50,143,157 
 
 with doors and locks, and numbered . . . . . . 57, 148 
 
 with mats, hassocks, cushions, books 33, 38, 68, 69, 148, 174, 183 
 closed with iron . . . . . . . . . . . . . . 41 
 
 erected without authority . . . . . . . . . . 121 
 
 erected under faculty . . . . . . . . . . . . 95 
 
 (^And see Paculty.) 
 mentioned by Milton, Shakspeare, Decker, and Bishop 
 
 Andrewes 34, 35, 36 
 
 In tavern . . . . . . . . . . . . . . . . 35 
 
 at theatre ■ . . . • . . . . . . . . . . . 41 
 
 at Smithfield Cattle Market 34 
 
 font pew . . . . . . . . . . . . . . 49, 53 
 
 minister's, or priest's pew. . .. .. .. .. 37,38 
 
 praying pew . . . . . . . . . . . . . . 40 
 
 kneehng-place 89,131,174 
 
 reading pew . . . . . . . . . . 38 
 
 shriving pew . . . . . . . . . . . . . . 43 
 
 in chancel 68, 69, 70 
 
 for women . . . . 50—52, 70—73, 76, 79, 83, 129—132, 149 
 
 for ladies of distinction . . . . . . . . . . 61, 73 
 
 for strangers and wedding parties . . . . . . . . 154 
 
 as a memorial . . . . . . . . . . . . . . 154 
 
 for lord mayor and officials , 61, 55, 79, 140, 142, 143, 144, 151 
 appropriation or freedom. . . . . . 74, 83, 94, 129, 137 
 
 for rich and poor 50, 75, 76, 77 
 
 payment for .. ■ 79,84,92,145,147,150 
 
 payment for reversions . . . . . . . . . . . . 88 
 
 stately and extravagant .. .. .. .. .. ..180 
 
 continental examples . . . . . . . . . . 5, 23, 184 
 
 parroked in, .. .. .. .. .. .. 30,31 
 
 behaviour in, .. .. .. .. ., .. 35,181 
 
 H. Communion administered in, 182,183 
 
 family pew.. .. .. ., .. .. .. .. 152 
 
 H. VOL. I. P 
 
210 GENEEAL INDEX TO BOOK I. 
 
 PEW — eontinued. page 
 
 Sir Thomas More'a pew . . . . . . . . . . . . 68 
 
 CJhapel of our Lady of the Pew. . . . . . . . . . 26 
 
 PEW PLACES, 
 
 or sites for pews . . . . . . . . . . . , . . 19 
 
 PEWE, 
 
 a spelling of ^e?v .. .. .. .. .. ,. ..17 
 
 PEW-FELLOW, 
 
 in 17th century 24, 36 
 
 PEWIS, 
 
 plural of pern . . . . . . . . . . . . . . 17 
 
 PIEES PLOWMAN'S VISION 30,31,135 
 
 PIEUX, LES, 
 
 suggested derivation of ^ew .. .. .. .■ ..27 
 
 PIEW, 
 
 a spelling of ^e?» .. .. .. .. .. .. ..17 
 
 PILLOW FOR PEW 176 
 
 PITT, OR PTTT, 
 
 for burial .. .. .. .. .. .. .. ..19 
 
 PLAN OP MANT CONTINENTAL CHURCHES .. .. 3 
 
 PODIUM, 
 
 supposed deriyation of pen . . . . . . . . 24, 27 
 
 Tarious definitions of meaning . . . . . . . . . . 24 
 
 equivalent to Pvye in Prench . . . . . . . . . . 25 
 
 POSITION, 
 
 of altar and celebrant in a basilica . . . . . . . . 1 
 
 in mediseval church .• .. .. .. .. .. 3 
 
 in Oriental and Jewish churches . . . . . . . . 3 
 
 whether cause or effect of change of ground plan . . . . 3 
 
 PRAYING PEW 40 
 
 PRESBYTER'S PLACE IN A BASILICA 1 
 
 PRESENTMENT, 
 
 for not occupying allotted seat . . . . . . . . . . 109 
 
 husband for sitting with wife .. .. .. .. ..137 
 
 maiden for sitting with mother . . . . . . . . . . 134 
 
 for various offences .. .. .. .. .. .. 110 
 
 PRIVATE PERSON'S SEATS, 
 
 a nuisance to all . . . . . • . . . . . . . . 81 
 
 PROCESSIONS, 
 
 strife about precedence ■ . . . . . . . . ■ ■ . 130 
 
 PROMISCUOUS SEATING, 
 
 objected to.. .. .. .. •• .. .. .• 138 
 
 PUE, 
 
 a spelling of pern . • . . . . . . . • • . . . 17 
 
 PUER, 
 
 old French word, but meaning different 29 
 
 PUI, 
 
 La Confrerie dn, . . . • . . . . . • • • . . 28 
 
 PUTE, 
 
 suggested derivation of ^e«) 23 
 
GENERAL INDEX TO BOOK I, 211 
 
 PULPIT, PAOE 
 
 in 14th and 15th centuries . • . . . . . . . . 6, 8 
 
 frequently moreable •■ .• .• ■• •• •■ 6 
 
 eeldom earlier than 15th century 14 
 
 contract for pulpit.. .. .. .. .. .. .. 64 
 
 importance at time of Beformation . . • . . . . . 14 
 
 then many erected, others moved . . . . . . 15, 57 
 
 centre of radiation of pews in 17th century .. .. .. 13 
 
 PUWE, 
 
 a spelling of ^en> .. .. .. .. .. •• ..22 
 
 PUT, 
 
 a spelling of ^e?u .. .. .. .. .. .• ..51 
 
 PTJTE OR PUYDE 
 
 supposed derivation of _?)ara .. .. .. .. ..23 
 
 PWE, 
 
 a spelling of jie?B .. .. .. .. .. .. ..17 
 
 PYTTS, 
 
 for burial . . . . . . . . • . . ■ . • . . 89 
 
 EAKK AND STATION, 
 
 seating according to . . . . . . . . 50, 77, 92, 110 
 
 probably lead to faculties . . . . . . . . . . 95 
 
 EAT-TEAPS POE PEWS 51,177 
 
 EAVENNA, 
 
 basilicas .. .. .. .. .. .. .• .. 2 
 
 EEADING-PEW 38 
 
 EECTOB, 
 
 to repair chancel with its seats . . . . . . . . . . 47 
 
 RENTING, 
 
 of pews 80, 145, 147 
 
 of graves . . . . . . . . . . . . • • • • 145 
 
 EEPAIES OF PEWS, 
 
 from 1459 50—53 
 
 EESPECT, to great persons 66 
 
 EEVEESION, to pews 88 
 
 EIBBAND, for alderman's pew 141 
 
 EIGHT OF STANDING, 
 
 interfered with by pews . . . . . . . . . • . . 12 
 
 EIOT AT EDINBUEGH 60 
 
 EOMAN, 
 
 de St. Graal, MS. of 14th century 6 
 
 de la Eoae, MS. of 15th century 9 
 
 EOME, 
 
 BaaiUca of San Clemente . . . . . . . . . . 2 
 
 Basilica of San Paolo f uori le Mure 2 
 
 ROOD-LOFT, 
 
 purchased to make seats . . . . . . . . . . • • 176 
 
 replaced by gallery . . . . . . . . • • . • 153 
 
 EOYAL AEMS AND POETEAITS 164 
 
 EUBRIC, 
 
 for separation of sexes of communicants . . . . . . 135 
 
 p2 
 
212 GENERAL INDEX TO BOOK I. 
 
 RUSHES, PAGE 
 
 for strewing church , . . . . . . . . . . . . . 177 
 
 SALE OF PEWS 150 
 
 SALT, 
 
 for fleas in churchwardens' pew . . . . . . . . . ■ 144 
 
 SAXON CHURCH, 
 
 differing from basilica . . . . . . . . . • • • 3 
 
 SAYE, for alderman's pew 141, 142 
 
 SCABELLUM, 
 
 a stool 16,21 
 
 SCAEEOLDS OB GALLERIES 67,153 
 
 SCAMNTJM, 
 
 a pew, sedile, or bench . . . . . . . . 16, 21, 22, 81 
 
 SCOUCHONS OR ESCUTCHEONS 51 
 
 SCREENWOEK, 
 
 used np in pews . . . . . • • . . . . , . . 158 
 
 SEATS, 
 
 necessary for long and frequent services . . . . 4, 14 
 
 none for congregation in early churches . . . . . . 1 
 
 nor in England before 14th century . . . . . . . • 6 
 
 not mentioned in canons of 1252 . . . . . . . . 4 
 
 nor by My re, c. 1450. .. .. .. 11 
 
 moveable at early dates . . .... . . . . 11, 81 
 
 moveable seats in use till after Reformation . ■ . . . . 12 
 
 questions relating to seats, novel in 1493 . . . > . . 82 
 
 said to'be private property of clergy . . . . . . . . 12 
 
 general benching, late . . . . . . . . . . . • 6 
 
 gradually introduced . . . . . . .. •• •• 157 
 
 frequent in 16th century . . . . . . . . . . 80 
 
 shown in illuminations and engravings . . . . 6, 160 
 
 date of existing early examples . . . . . . . . . . 159 
 
 specimens common in some counties . . . . . ■ . . 161 
 
 SEATS ■ 
 
 for oZZ the congregation .. .. .• .. .. 117 — 149 
 
 of individual, a nuisance to all . . . . . ■ . . . . 81 
 
 for empress, next to chancel .. .. .. .. ..63 
 
 for women in 1422 . . . . . . . . . . . . 76 
 
 for women of rank, early in 16th century . . . . . . 79 
 
 not provided for youth . . . . . . ■ . . . . . 60 
 
 in continental churches .. .. .. .. .. 5,11 
 
 mats instead, in Spain . . . . . . . . . . . • 5 
 
 And see Appbopbiation. 
 
 SEATS, 
 
 early names for, . . . • . ■ . . • . . . . . 16 
 
 in chancel called stalls .. .. .. .. .. ..17 
 
 for congregation at first called stools . . ■ . . . . . 17 
 
 general benching termed stooling . . . . . . . . 18 
 
 SEATS IN CHANCEL, 
 
 of Emperor Theodosins . . . . . . . . . . . . 63 
 
 ■permitted to nobles and others of rank . . . . . . 64 
 
 forbidden to women in 17th century . . . . . . . . 73 
 
 provided by rector under Canons of 1252 . . . . 4, 48 
 
GENERAL INDEX TO BOOK I. 213 
 
 SEDES, SEDIA, page 
 
 meaning of , .. .. .. 16, 26, i8 
 
 SEDILE, 
 
 meaning 16,20 
 
 corrupted to settle .. .. . . . . . . 21, 22 
 
 SEDILITIM, SEDILIA, 
 
 in parish churches, permanent, . . . . . . . . . . 4 
 
 SEGE, 
 
 meaning chair . . . . . . . . . . . . . . 64 
 
 corruption of sedes .. .. .. .. .. . . 22 
 
 SELECT VESTEIES, 
 
 their origin . . . . , . . . , . . . . . 96 
 
 And see Vbstbies. 
 
 SENATOEITJM 64 
 
 SEPARATION, 
 
 of maidens from matrons . . . . . . . . . . 131 
 
 SEPARATION OP SEXES, 
 
 a custom from high antiquity . . . . . . . . 127 — 139 
 
 shown in faculties .. .. .. .. .. .. 136 
 
 symbolic reasons for .. .. .. ,. .. ..128 
 
 still prevaUing on continent . . . . . . . . 139, 185 
 
 the only bar to appropriation .. .. .. .. ..121 
 
 SERMONS, 
 
 in ancient MSS. . ■ . . . . . . . . . • . . 7, 8 
 
 apparently delivered in choir . . . . . . . . . . 15 
 
 probably short . . . . . . . . . . . . . . 14 
 
 carpet to sit on at sermons . . . . . . . . 5, 15 
 
 SERVICE (DIVINE), 
 
 frequent and long in middle ages . . . . . . . . 4 
 
 SETTLE, 
 
 meaning and derivation . . . . . . . . .. 17, 21, 22 
 
 SEXES. See Sbpakation. 
 
 SHRIVING PEW 43 
 
 SINGING MEN, 
 
 double desks for . . . . . . . . , , . . 57, 69 
 
 SKELETON CAHVED ON PEW 154 
 
 SPAIN, 
 
 mats instead of seats . . . . . . . . . . , . 5 
 
 SPELLING, 
 
 of word j^ew .. .. .. .. .. ,. ..22 
 
 SPONDA, 
 
 a long stool . . . . . . . , . . . . . . 21 
 
 SQUARE PEWS 152, 166, 167 
 
 STALLS, 
 
 in choir 17,156 
 
 always so called .. .. .. .. .. .. ..17 
 
 for congregation, early, . . . . . . . . . . 17, 50 
 
 for women 53,129,134 
 
 letting of , . . . . . . . . . . . . . . . . 134 
 
 used as a savings' bank . . . . . . . . . . . . 129 
 
 other than church seats ■ . , . . . . . . . 17, 20 
 
214 GENEEAIi INDEX TO BOOK I. 
 
 STALLAGE, page 
 in fairs and markets . • 20 
 
 STANDING, 
 
 right of, interfered with by seats 12 
 
 STATELY PEWS 180 
 
 STAWYLL, OR STALL 17 
 
 STRANGER'S PEW 154 
 
 STREWING CHURCH WITH RUSHES 177 
 
 STRIPE ABOUT PEWS 121 
 
 STONE BENCHES 6,6 
 
 STOOL, 
 
 meaning general seating . . . . 17, 58 
 
 moTeable, thrown at preacher .. .. .. .. ..61 
 
 SUBSELLIUM, 
 
 equivalent to poMv/m . ■ . . . . . . . . 16, 21 
 
 SUSPENSION, 
 
 ab ingressu ecclesicB .. . . 109 
 
 TAVERN, 
 
 pew in . . . ■ • ■ . . 35 
 
 THEATRE, 
 
 pew in 41 
 
 TIERS OP PEWS, 
 
 in North Germany . . . . . ■ 184 
 
 TRANSLATING A PEW 52 
 
 TRESPASS, 
 
 in respect to moveable seat 12 
 
 TORCELLO, 
 
 Basilica of Sta. Fosca 2 
 
 UNAPPROPRIATED SEATS, 
 
 called common pews . . . . . . . . . . . . 89 
 
 UNDERCROET, 
 
 of a basilica . . . . . . . . . • . . • . 2 
 
 VESTRY, 
 
 assuming arrangement in seats . . . . . . 91, 94, 108 
 
 their claim disallowed . . . . . . . . . . . . 101 
 
 assuming ecclesiastical authority . . . . . . 93, 94 
 
 select, origin of . . . . . . . . 96 
 
 faculties for . . . . 97 
 
 VISITATION ARTICLES, 
 
 Bishop Ridley, A.D. 1550 59 
 
 Bishop Bentham, A.D. 1565 . . . . . . . . . . 60 
 
 Bishop Cosin, A.D. 1627 121 
 
 Bishop Wren, A.D. 1686 121, 126, 182 
 
 Bishop Mountagu, A.D. 1638 138,153,181 
 
 Bishop Wren, A.D. 1662 126,154,183 
 
 Bishop Burnet, A.D. 1692 39, 121 
 
 WALKING, 
 
 up and down in church . . . . . . . . . . . . 60 
 
 WEDDING PARTIES, 
 
 pew for . . . . . . . . . . 154 
 
GENERAL INDEX TO BOOK I., 215 
 
 WEST END or CHURCH, page 
 
 altar originally there . . . . . . . . . ■ . . 3 
 
 removed to East end in middle ages • * ' ■ • • • • 3 
 
 WICKER MATS 80 
 
 WILLS, 
 
 said to contain bequests of seats ■ ■ . • ■ • . . 12 
 
 early mention of stalls and pews 45 
 
 bequests for pewing 49, 52, 53, 56 
 
 WISDOM, 
 
 as a female, preaching . . . . . . . . . . « • 160 
 
 WOMEN, 
 
 arrangement of seats at Ludlow in 1422 76 
 
 at Gomhill from 1457 50,79 
 
 seats generally 129 et seq 
 
 stalls for 129 
 
 at Whalley in 1534 83 
 
 mention by Sir Thomas More 130 
 
 order for numbering .. .. ,. .. .. .. 149 
 
 maidens apart from matrons . . 132 
 
 WOMEN IN CHANCEL, 
 
 forbidden by Council of Laodicea, A.D. 367 . . . . . . 70 
 
 by ConncU of Mantes in 9th century . . 70 
 
 in England in 10th century . . . . 71 
 
 but customary in 1303 . . . . . . 72 
 
 forbidden at Rochester in 1625 . . . . 73 
 
 by King Charles L in 1633 73 
 
 in 17 th century . . . , . . . . 70 
 
 WOODWORK, 
 
 finest examples . . . . . . . . 161 
 
 WRATH, 
 
 seated among wives and widows 30, 31, 136 
 
 WRITING, 
 
 on pew doors 148 
 
 YEARBOOK 29,81 
 
 YOUTH OF PARISH, 
 
 intruding in seats 60 
 
PBINTED BY C. EOWOETH AISTD SONS, 
 NEWTON STEEBT, W.C. 
 
CORNELL 
 
 UNIVERSITY 
 
 tiBRARY 
 
 THIS BOOK IS ONE OF 
 A COLLECTION MADE BY 
 
 BENNO LOEWY 
 
 1854-1915 
 
 AND BEQUEATHED TO 
 CORNELL UNIVERSITY 
 
THE 
 
 pstorg anb ^afa 
 
 CHURCH SEATS 
 
 PEWS. 
 
 BY 
 
 ALFRED HEALES, F.S.A., 
 
 raooTOR IN doctors' commons. 
 
 Book II.— LAW. 
 
 LONDON : 
 BUTTERWORTHS, 7, FLEET STREET, 
 
 Juto "^ublisbtrs to Hit (Queen's most tvrtlltnt glajrstn. 
 1872. 
 
 J3 
 
LONDON : 
 
 PRINTED BY C. EOWOBTH AND SONS, 
 
 NEWTON STKBET, W.C. 
 
INTRODUCTION TO BOOK II. 
 
 Oeiginallt Churches and Chapels in England were 
 altogether unprovided with seats for the Congregation. 
 In the Chancel there were seats for the Clergy and others 
 taking part in the performance of Divine Service; and 
 especially in the Churches of Conventual and Collegiate 
 bodies (for whom extremely long, as well as frequent 
 Services were appointed), stalls were provided as a matter 
 of necessity. 
 
 To Monarchs and Persons of high position, and Patrons 
 of Churches, seats were permitted by authority, and from 
 an early period such seats were in the Chancel. 
 
 Gradually seats for the Congregation at large, were 
 introduced into the body of the Church ; and it has been 
 our endeavour to trace their Early History in BOOK I. 
 of the present Work. 
 
 There is no Ecclesiastical or Civil Law under which 
 such seats were introduced, nor is there any by which their 
 use is regulated, except such as in course of time has grown 
 up ; and since it is found that different considerations affect 
 different classes of buildings, this part of our Work has 
 been divided accordingly. 
 
 Cathedrals stand alone. Scarcely any claims to, or 
 legal questions respecting the seats in them have ever 
 been raised. This branch of the subject forms PART A. 
 
 at 
 
IV INTRODUCTION. 
 
 The bulk of the "Work is necessarily occupied by the 
 considerations respecting the seats in Parish Churches, 
 amounting in number to many thousands, scattered 
 throughout the length and breadth of the land ; their de- 
 pendant Chapels of Ease are ruled by nearly like con- 
 siderations. This portion of the subject forms PART B., 
 and comprises three Divisions; a. Ordinary Seats, b. 
 the Parson's Seat, and C. Private Seats. 
 
 Of these Divisions, a. Ordinary Seats, is separated 
 into two Chapters : Chapter I. treats of the Structure, 
 and comprises the consideration of the introduction, build- 
 ing, repair, and removal of such seats : and Chapter II. 
 of their Use and Occupation, whether in. common or by a 
 personal allotment by the authority of the Ordinary, either 
 directly or indirectly; and the rights acquired thereby. 
 Since the period in which the Law affecting this part 
 of the subject gradually grew up, there has, especially of 
 late, been a very great change in the circumstances; so 
 that what might at one time have been proper, may be 
 now inconvenient or objectionable, and some modifica- 
 tion or reform will, no doubt, sooner or later be found 
 desirable. The Act for the Abolition of Compulsory 
 Church Rates will produce an effect tending ia that direc- 
 tion. It is not within the scope of the present "Work to 
 consider the advantages and disadvantages of the present 
 system. The Parson's Seat being subject to different 
 considerations forms Division b- 
 
 Division C. is separated into two Chapters, of which 
 Chapter I. treats of Seats held, or claimed to be held, under 
 Faculties granted by the Ordinai-y to indi\-iduals and their 
 
INTEODUCTION. V 
 
 families or successors. The nature of Faculties, and their 
 legal force, and the considerations which should guide the 
 discretion of the Ordinary in making such grants, are com- 
 prised herein. The increasing inconveniences arising 
 from such grants have been repeatedly noticed judicially, 
 and no doubt, sooner or later, -vviU lead to the abandon- 
 ment of the system. Chapter II. treats of rights by 
 Prescription ; they arise from two separate sources, which 
 have, however, not always in Law been kept so distinct 
 as might have been desirable. The one is where a founder 
 of a church, or other person, retained to himself, or built 
 a specific part of the church, for his own use and that 
 of his family and successors : and as such fact is not 
 very frequently capable of absolute proof, it may (subject 
 to certain requirements) be legally presumed to have been 
 the case. The other is where, in default of any better 
 title than use, it is presumed that such use commenced 
 and continues under the authority of a Faculty, granted 
 by the Ordinary, but no longer in existence. Under the 
 head of Prescription are comprised the facts necessary to 
 make a valid claim, what proof is requisite, where such 
 questions are triable, and the ownership of the materials of 
 the structure. 
 
 Next for consideration is PART C, which treats of — 
 a.. Seats in Private Chapels and unconsecrated Buildings 
 used for Divine Service; but respecting them very few 
 legal points have been decided: — and Ij. Proprietary 
 Chapels, a modern class of Building in which the use and 
 control of the Seats differ little from that of places of Public 
 Entertainment. 
 
VI INTRODUCTION. 
 
 The remainder of the work, PART D., relates to the 
 seats in Churches built under the authority of Acts of 
 Parliament passed, at a modern date, with the object of 
 relieving Spiritual Destitution, which in the course of time 
 had risen to an alarming height. Special necessities 
 require special treatment ; but it often happens that what 
 is introduced as a temporary measure, permanently re- 
 mains. Division a. relates to General Church-Building 
 Acts, and b. to Churches built under Private Acts. 
 
LIST OF AUTHORITIES 
 
 REFERRED TO IN BOOK n. 
 
 ACTS OF PARLIAMENT. 
 
 21 Edward III. . . 
 
 . part 7 
 
 3 & 4 Victoria . 
 
 
 . cap. 8G 
 
 4 & 5 William & Mary . 
 
 . cap. 12 
 
 6 & 7 „ 
 
 
 • » 37 
 
 51 George III. 
 
 • ,, 151 
 
 7 & 8 „ 
 
 
 • » 56 
 
 58 „ „ 
 
 • „ 45 
 
 7 & 8 „ 
 
 
 • „ 94 
 
 58 „ „ .. 
 
 • » 54 
 
 8 & 9 „ 
 
 
 • ., 70 
 
 59 „ „ .. 
 
 • „ 134 
 
 9 & 10 „ 
 
 
 • „ 68 
 
 3 George IV. 
 
 • „ 72 
 
 9 & 10 „ 
 
 
 • „ 88 
 
 5 
 
 ■ „ 36 
 
 11 & 13 „ 
 
 
 • „ 37 
 
 5 „ „ 
 
 . „ 103 
 
 14 & 15 „ 
 
 
 • „ 97 
 
 7&8 „ „ .. 
 
 • „ 72 
 
 18 & 19 „ 
 
 
 • „ 127 
 
 1 & 2 William IV. 
 
 . ,, 38 
 
 19 & 20 „ 
 
 
 • „ 55 
 
 2 & 3 „ „ 
 
 • ,. 61 
 
 19 & 20 „ 
 
 
 • ,. 104 
 
 2&3 „ 
 
 • ., 71 
 
 23 & 24 „ 
 
 
 • „ 142 
 
 1 & 2 Victoria . . 
 
 • ,, 107 
 
 31 & 32 „ 
 
 
 • „ 102 
 
 2&3 „ 
 
 ■ „ 49 
 
 31 & 32 „ 
 
 
 . „ 109 
 
 3&4 „ 
 
 ■ ,, 60 
 
 32 & 33 „ 
 
 
 • „ 94 
 
 Addams, Eccles. Rep. 
 
 Adolphus & Ellis, K. B. Rep. 
 
 Atlipfe, Parergon. 
 
 Bacon, Abridgement. 
 
 Baenbwall & Adolphus, King's 
 Bench Rep. 
 
 Baenewall & Alderson, King's 
 Bench Rop. 
 
 Barkewall & Ckesswell, King's 
 Bench Rep. 
 
 BiUGHAM, Common Pleas Rep. 
 
 Blackstone, Commentaries. 
 
 BoswoETH, Anglo-Saxon Die. 
 
 Beooke, Abridgement. 
 
 BeOWNLOW & GOLDESBOEOUGH, 
 Common Pleas Rep. 
 
 BULSTEOBB, King's Bench Rep. 
 
 Bunbuey, Exchequer Rep. 
 
 BtTEN, Ecclesiastical Law. 
 
 BuEEOWS, King's Bench Rep. 
 
 BuETON, Real Property. 
 
 Campbell, Nisi Prias Rep. 
 
 Caeeington & Payne, N. P. Rep. 
 
 Coke, Institutes. 
 
 Coke, lung's Bench Rep. 
 
Vlll 
 
 LIST OF AUTHOEITIES IN BOOK II. 
 
 Coke upon Littleton. 
 
 Collier, Ecclesiastical Histoiy. 
 
 Commission on Ecc. Courts Eep. 
 
 Common Bench, 2 Jac. 
 
 CoMYN, Digest. 
 
 CoMYN, King's Bench Rep. 
 
 COWPEB, King's Bench Rep. 
 
 Croke, King'.s Bench Rep. 
 
 Crompton, Meeson & ROSCOB, 
 Exchequer Rep. 
 
 CUETEIS, Ecclesiastical Rep. 
 
 Degge, Parson's Counsellor. 
 
 Douglas, King's Bench Rep. 
 
 DOWLAND & Rylaud, K. B. Eep. 
 
 DoWLiNG, Practice Cases. 
 
 East, King's Bench Rep. 
 
 Exposition of Terraes of Lawe. 
 
 Eitzherbert, Natura Brevinm. 
 
 Forrest, Exchequer Rep. 
 
 EoBTESCtrB, King's Bench Rep. 
 
 Frances, De Cathedralibus. 
 
 Gale & Davison, K. B. Rep. 
 
 Gibson, Codex. 
 
 GoDBOLT, King's Bench Rep. 
 
 Haggard, Consistory Rep. 
 
 Haggard, Eccles. Rep. 
 
 Harrison & Wollaston, Com- 
 mon Pleas Rep. 
 
 Hetley, Common Pleas Rep. 
 
 HobABT, King's Bench Rep. 
 
 Johnson, Canons. 
 
 Johnson, Clergyman's Vade mc- 
 cum. 
 
 Jones, T., Iving's Bench Rep. 
 
 Jurist, New Series. 
 
 Keblb, King's Bench Rep. 
 
 Kennett, Parochial Hist, of Am- 
 
 brosden. 
 Kenton (Lord), K. B. Cases. 
 Latch, King's Bench Rep. 
 
 Lathbury, Ed. of Collier's Eccles. 
 
 History. 
 Law Journal Reports, New 
 
 Scries, Queen's Bench. 
 
 Law Reports, 
 Admiralty and Eccles., 
 Common Pleas. 
 Equity, 
 Exchequer, 
 
 Law Times Reports, New Series. 
 
 Lee, Eccles. Rep. 
 
 Levinz, King's Bench Rep. 
 
 Littleton, Common Pleas Rep. 
 
 Lushington, MS. opinion. 
 
 LUTWTCHE, Common Pleas Rep. 
 
 Manning & Ryland, K. B. Rep. 
 
 Meeson & Welsby, Exch. Rep. 
 
 Modern, King's Bench Rep. 
 
 Moody & Robinson, N. P. Rep. 
 
 Moor, King's Bench Rep. 
 
 Moore, Privy Council Rep. 
 
 Neville & Manning, K. B. Rep. 
 
 Neville & Perky, K. B. Rep. 
 
 Noy, King's Bench Rep. 
 
 Oliphant on Pews. 
 
 OUGHTON, Ordo Judiciorum. 
 
 Palmer, King's Bench Rep. 
 
 Phillimore, Eccles. Rep. 
 
 Phillimokb, Sir R. J. (unpub.) 
 
 PoPHAM, King's Bench Rep. 
 
 Pbideaux, Guide to Church- 
 wardens. 
 
 Queen's Bench, Rep. 
 
 Raymond, Lord, K. B. Rep. 
 
 Raymond, Sir Thos., K. B. Rep. 
 
 Reformatio Legum Eccles. 
 
 Report on Ecclesiastical Courts. 
 
 Report on Spiritual Destitution. 
 
 Robertson, Ecclesiastical Rep. 
 
 Rogers, Ecclesiastical Law. 
 
 EoLLE, Abridgement. 
 
 Rolle, King's Bench Rep. 
 
 Salkeld, King's Bench Eep. 
 
 Shelpoed, Real Property. 
 
 Sidbrfin, King's Bench Eep. 
 
 Simons, N. S., Vice Chanc. Rep. 
 
 Solicitor's Journal. 
 
 Spelman, Concilia. 
 
LIST OF AUTHORITIES IN BOOK II. 
 
 Stephen, Commentaries. 
 SWABET, MS. opinion. 
 Taylor, on Evidence. 
 Teem Repobts, King's Bench. 
 Tyhewhit, Ed. of Prideaux. 
 Veenon, Chancery Rep. 
 Vesby, Chancery Rep. 
 
 Vicae-Geneeal's Books (un- 
 pub.) 
 
 ViNEE, Abridgement. 
 
 Watson, Clergy Law. 
 
 Weekly Repoktee. 
 WiLKiNS, Concilia. 
 Williams, Peeee, Chancery Rep. 
 Wilson, King's Bench Rep. 
 Winch, Common Pleas Rep. 
 Wood, Institute. 
 
 WOECBSTBK EOCLBS. REGE., Bul- 
 
 lingham. 
 Teae Book, 32 Edward I. 
 
 9 Edward IV. 
 
 8 Henry VII. 
 
 YoTJNGE & Jeevis, Exch. Rep. 
 
 II. VOL. ir. 
 
EREATA IN BOOK n. 
 
 Page 23, note (^).— Sieveking v. Evans & K. j should be, Sievcking & 
 Evans v. Kingsford. 
 
 „ 33, „ («).— Anon. p. 12; Mod,, p. 401; should be, Anon., 12 Mod. 
 p. 401. 
 
 „ G8, „ (a). — Reference to Comyn's Digest, N. 6, should be N. 116. 
 
BooKlL-LAW. 
 
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CIj^ Pist0rj7 KXiH i^ato 
 
 CHUECH SEATS, OR PEl^S. 
 
 BOOK II.— LAW. 
 
 PART A. 
 
 CATHEDRALS. CATmAs. 
 
 1 . A CATHEDiiAL is the parish church of the whole Cathedral is 
 diocese^ because it is the church of the bishop, who has of the diocese; 
 the cure of souls of the whole diocese; and though aU of 1"''''°'';^°" 
 
 ' o ters no paro- 
 
 the diocese may receive the Sacrament or be married there, chial rights, 
 they are not bound to do so (a), nor are they liable for its 
 repair, except in cases where all other funds fail. They 
 have not, therefore, in a cathedral any parochial rights. 
 
 2. As to the seats in a cathedral, Dr. Todd, the Vicar- Seats in cathe- 
 General of the diocese of Derry, said he could find nothing ^y bishop ; but 
 in the books of our law on the subject ; but he refen-ed to objectionable. 
 the work of Frances, De Cathedralihus, which, speaking 
 of the nave of the cathedral, to which alone the laity should 
 properly be limited, says to the effect that if there should 
 be there any forms or benches for the laity, and it be 
 
 (a) Prances, Be Cathedralihus, p. 345. 
 H. VOL. II. 
 
2 BOOK II. LAW. — A. CATHEDUALS. 
 
 Part A. necessary to regulate them, the regulation of them belongs 
 Cathedrals. , ,, , . , , , , , , , , , . ■, ,,s 
 to the bishop ; but seats ought not to be permitted (o). 
 
 Seats are only 3. The laity can possess no right to seats or benches, 
 
 ex gvatid. i-i ^ • , -i .a ■, • -i i / \ 
 
 which are only permitted, ex gratia, to be introduced (c). 
 
 Ought not to 4. It would appear, then, to be the law that seats in 
 
 ' the nave of a cathedral ought not to be allocated at all, and 
 
 that the nave should be free for all persons of the diocese ; 
 
 at all events, the inhabitants of the parish in which the 
 
 Irat probably cathedral is placed have no special rights in the cathedral, 
 
 bishop not a,nd if the bishop were to allocate a pew in a cathedral to 
 
 questionable, ^^j person in the diocese, it is probable that no one would 
 
 have a right to question it ((f). 
 If parochial as 5. When a church is parochial as well as cathedral 
 dral, parochial (*'• ^- from its Origin), the distribution of seats must be 
 arrangements ordered, as in ordinary parish churches, by the church- 
 wardens, but subject to the control of the ordinary. Non- 
 parishioners have no rights therein (e). 
 On transfer of 6. Where any part of any cathedral has been accus- 
 j^thtefroiu tomed to be used as a parochial church, the Church 
 catheclral to Building; Commissioners, with consent of Ecclesiastical 
 
 new church, _°_ 
 
 claims for scats Commissioners (_/), the bishop, dean and chapter, patron 
 and incumbent, may transfer the rights, &c. to any new 
 church in the parish of which that part of the cathedral 
 had been held to be the parish chiu-ch ; and an examina- 
 tion into claims to seats by faculty or prescription, and an 
 assignment to successful claimants is to take place in like 
 manner as where the rights of an old parish church are 
 transferred to a nevv^ building (^). 
 
 (i) Derry Cathedral, Lam T. Rex)., 8 N. S. p. 863. 
 (c) Prances, Be Catli., p. 79. 
 
 ((?) Derry Cathedral, Law T. Rep., 8 N, S. p. 8G4. 
 (c) Ibid. 
 
 (/) The two bodies of Commissioners have been amalgamated by act of 
 parliament, 19 & 20 Vict. u. 55. 
 
 (^) 8 & 9 Vict. c. 70, ss. 4 & 1 (1845). 
 
( 3 ) 
 
 PART B. 
 
 PARISH CHURCHES AND CHAPELS OF EASE. 
 
 DIVISION a. 
 ORDINARY SEATS. 
 
 CHAPTER I. 
 
 STRIJCTURE. „ Cap. I. 
 
 Steuctuee. 
 
 7. Soon after the conversion of the English Saxons there Earliest Eng- 
 
 ^ ^ ^ i n • ii i- t lish churches 
 
 were several churches erected m the respective dioceses, ijke chapels of 
 to which the converts who Uved remote from the cathedral ^'^^''• 
 repaired and made their offerings ; but these were nearly 
 equivalent to chapels of ease, and it is evident that the 
 clergy were not fixed upon any parochial possessions, and 
 as yet there was no such thing as fixed cures or tithes (o). 
 
 8. Now as kings founded cathedrals for the benefit of Ponudation of 
 
 xi'111-- rj. ;] X jc -i 3 parish churches 
 
 their whole dominions, so afterwards gTeat men rounded and parishes 
 parochial churches for the convenience of themselves and ''"'^ ^'^''^^■ 
 their dependants, and churches and chapels were erected 
 and a maintenance settled for the incumbent, the bounds 
 of the parochial division being commonly the same with 
 those of the founder's jurisdiction, or conterminous with a 
 manor. Some foundations of this nature were as early as 
 
 (fl) Collier's Eccl. ITist. of Gt. Brit., Vol. I. p. 229 ; and Lathhury's 
 Ed., Vol. I. p. 539 ct scq. 
 
 B 2 
 
BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. I. 
 Steuotuhe. 
 
 Bishop had 
 power over 
 church, clergy, 
 and revenues. 
 
 Endowment 
 required. 
 
 Parishes settled 
 prior to Nor- 
 man conquest. 
 
 Rights and 
 duties of pa- 
 rishioners ac- 
 quired by 
 custom. 
 
 Originally no 
 seats in nave 
 and aisles of 
 churches. 
 
 the time of Justinian the Emperor ; they are Hkewise 
 mentioned by Bede about a.d. 700 (b). 
 
 9. Not only was the bishop's consecration of these rural 
 churches to precede their use, but his consent was likewise 
 necessary to their erection. His approbation of the priest 
 who was to officiate was necessary ; and, as he could not 
 be admitted, so neither could he be ejected without the 
 consent of the diocesan. The bishop's power went still 
 further, and extended to the revenues, tithes and oblations 
 with which they were endowed ic). 
 
 10. None of the auxiliary churches were allowed to be 
 built before the settlement of a sufficient endowment for 
 the maintenance of a priest. The endowments of those 
 times consisted generally in a certain portion of land, in 
 slaves to till the glebe, and in oblations made by the 
 tenants within the precincts of the parish (c). 
 
 11. Thus in process of time the country became por- 
 tioned out and existing parishes were subdivided. Before 
 the reign of King Edward the Confessor the parochial 
 divisions were so far advanced that every person might be 
 traced to the parish to which he belonged ; and the dis- 
 tinction of parishes, as they now stand, appears to have 
 been settled before the Norman conquest (c). 
 
 12. By custom, the inhabitants of a parish acquired the 
 right to attend the church and avail themselves of the 
 spiritual advantages which had been thus provided for the 
 parish ; and, at the same time, the duty of keeping the 
 building in repair and providing the necessaries for Divine 
 service devolved and became a legal obligation upon them. 
 
 13. From the entire absence of mention by any early 
 writers of seats for the congregation in church, or any 
 representation of them in ancient paintings and iUumina- 
 
 (5) Collier's JEci^l. Hist, of Gt. Brit., Vol. I. p. 229 j and Lathbnry's 
 Ed., Vol. I. p. 539 et seq. 
 (c) Collier's Ecol Hist, of Qt. Brit., Vol. I. pp. 230 & 231. 
 
a. ORDINARY SEATS. 
 
 tions or any existinjj early example, tliere can be no doubt „ Cap. T. 
 11„ .., „ Steuctube. 
 
 that there were formerly none such existing in that part of 
 
 the building which was intended for the congregation seatefaimive 
 
 (viz., the nave and aisles) for many centuries from the ^-"^ "'^'''^ °^ 
 
 establishment of the Christian religion, and in fact until 
 
 near the fifteenth century. The earlier records of them 
 
 are more particularly referred to in Book I. of the present 
 
 work. 
 
 14. When introduced they for some time were, with Moveable seats 
 the exception of some held by prescription, merely stools duced. 
 
 or moveable seats. They are distinctly mentioned as 
 moveable in the earliest case (1493) in which the subject Case in 1403. 
 appears in any legal proceedings. William Fitzwalter 
 sued on a writ of trespass, for that the defendant had, with 
 force and arms, broken and carried away his seat in the 
 church. The court said that unless a man and his 
 ancestors had been accustomed to have a fixed seat from 
 time of prescription, it seemed that any one might remove 
 the seat for his own ease and standing, for it was a common 
 nuisance to all, because it hindered them from their stand- 
 ing {(1). The court also said that it was a novel matter, 
 and the judgment would serve as a precedent for aU others. 
 
 15. Degge (e) says that "if the seat be loose he that Loose seats re- 
 built it may remove it at his pleasure, as I conceive." owner. 
 
 16. Prideaux says rather singularly that the first seats For the ease 
 permitted to be used vrere moveable forms, for the ease of rishioners. 
 the parishioners to sit during those parts of the service for 
 
 which kneeling or standing were directed by the ritual of 
 the times (/). 
 
 id) Tear Book, 8 Hen. VII., 12. Issint, s'il J scs nxmcestres n'ont us 
 dast tiel sedule la de temps de prescription, setnble qwe chescun home purrs 
 prcnderle sedule qwe esi del esglise J ceo remove pur son case J standing ; 
 car c'est al co?nmen nusans de eux, car ils ne parro«t avoir lour standing 
 pur tielx sedules, s. setes en el esglise. 
 
 (e) Degge's Parson's Counsellor, p. 210 (Ft. I. cap. 12). 
 
 CO Tyrr. Prid., p. 115. 
 
6 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 Cap. I. 17. It is stated by Kennett that these moveable seats 
 
 TRTJCTUHE. ^^^^ ^^^ property of the incumbent, and in all respects at 
 
 Moveable seats his disposal; and they were frequently bequeathed by 
 said to have . / iiiij. 
 
 been the pro- mcumbents to their successors, or others as they thought 
 
 perty of the n, ^ n 
 incumbent. "-^ \!/J' 
 
 But all proof 18. And this statement has been followed by aU sub- 
 Ttierefore very Sequent writers without reference to a single other au- 
 doubtful. thority in corroboration. The writer of the present Work 
 
 has not discovered any such authority or bequest. It 
 seems highly improbable, from the reference in the case of 
 Fitzwalter (above mentioned) to the novelty of the ques- 
 tion, and private seats being then declared a nuisance to 
 the rest of the parishioners, that the clergy would have 
 been permitted to maintain them ; nor, indeed, is it appa- 
 rent what object they could have in wishing to do so. The 
 examples stated by Kennett to occur in Wills of incum- 
 bents, may have been for clerical use ia the chancel, as it 
 is probable that many chancels were altogether destitute 
 of, or inadequately provided with stalls. 
 Early fixed 19. Whether, at an early period, pews or fixed seats 
 
 erected' ^-ith-^ were put up with or without any authority, probably can 
 out authority, j^gver be ascertained with certainty, but the absence of 
 early record of any such authority furnishes an exceedingly 
 strong presumption that they did not possess it until a 
 comparatively recent date. It would appear that as the 
 ordinary has always possessed control over the church 
 and matters connected with it, he naturally claimed au- 
 thority over the seats when the subject was brought 
 before him (A) ; and the Courts of Common Law have 
 always acknowledged questions respecting seats to belong 
 
 (g) Kennett's Paroch. Antuj^. of Amhrosdcn, p. 606. 
 
 (7t ) As in the Canons and Constitutions from the 13th century down- 
 
a. ORDINAllY SEATS, 
 
 Cap. I. 
 
 exclusively to ecclesiastical jurisdiction, except in such steuctdbk. 
 
 cases as involved a Common Law right bj prescription. 
 
 20. The necessity of obtaining from the ordinary his A faculty is 
 licence or faculty for all matters affecting the structure of sarv, but not 
 a church or in its fittings or arrangements, before any j^hied^°''' 
 alterations can legally be made, is now generally admitted, 
 
 though perhaps the same strictness was not always ob- 
 served : the erection or alteration of arrangement of seats 
 is one of such matters. 
 
 21. If the churchwardens erect or add new seats, they Nor necessary 
 should have the consent of the parishioners, and a licence repairs.' 
 from the ordinary, although this is not required for occa- 
 sional repairs (e). 
 
 22. It is not to be maintained that every little alteration Nor for 
 of a pew, where no private rights are infringed, requires rations, 
 a faculty, particularly where such alteration is for the 
 accommodation of the parish (J). 
 
 23. Thus where an alteration was made with the con- Nor in all 
 currence of the churchwardens, and without any objection 
 having been made by the parish, and the alteration was 
 
 no disfigurement to the church, it was held that a faculty 
 was not necessary (^). But the private assent of the 
 bishop should always be obtained. 
 
 24. Even for the exchange of a handsome new chalice But in strict- 
 for an old and poor one, the bishop's faculty should, in ^raaXl matters, 
 strictness, be obtained ; though, practically, if the rector 
 
 and vestry concm", such an authorization may be dis- 
 pensed with. 
 
 wards, giyen in Wilkin's Concilia and Spelman's Concilia; more par- 
 ticularly referred to in Book I. of this work. 
 
 ( j) 2 Inst. p. 439; and in modern times, Parham v. Templar, 3 Phill. 
 p. 527. 
 
 (j) Parham r. Templar, 3 Phill. p. 627. 
 
 (7i) Ibid. p. 528. 
 
BOOK II. LAW. — B. PAEISH CHURCHES. 
 
 Cap. I. 
 
 Steuctuee. 
 
 Formerly 
 doubted whore 
 no dispute; 
 
 even for 
 erection of 
 new pews. 
 
 So in John- 
 son's opinion, 
 but without 
 authority. 
 
 If with sanc- 
 tion of bishop 
 or archdeacon 
 faculty might 
 be perhaps 
 dispensed 
 Viith. 
 
 Clergyman 
 must not alter 
 without au- 
 thority. 
 
 Mode of pro- 
 ceeding to 
 obtain a 
 
 faculty for 
 erecting seats. 
 
 25. Tliougli, formerly, doubt tas been raised whether, 
 where there is no dispute, the sanction of the ordinary is 
 necessary. And it has been said, that if the incumbent, 
 churchwardens and parishioners unanimously agree that 
 more pews are necessary, and that they be fixed in such a 
 place, it does not seem that there is any necessity for the 
 ordinary's interposition (Z). 
 
 26. Johnson {m), especially, adds that he can see no 
 occasion for the ordinary's concerning himself in the 
 case; for what need is there of a judge where there is 
 no controversy? But, perhaps, Johnson's opinon when 
 unfortified by authority must not receive too much 
 weight. 
 
 27. And in a recent case the court said, it was most 
 desirable that nothing should be done (in the way of alter- 
 ations) by a clergyman in his church, without in the first 
 instance obtaining the necessary legal sanction. If the 
 private sanction of the bishop or archdeacon had been 
 obtained prior to the alterations being made, the court 
 might not have been disposed to insist upon a faculty being 
 taken out; but a clergyman had no right whatever to 
 make alterations on his own responsibility (w). In this 
 case the alteration of seats occurred in the chancel, and 
 therefore, probably, the concurrence of the churchwardens 
 and parishioners was not alluded to. 
 
 28. The mode of proceeding is by a Decree citing the 
 churchwardens and inhabitants generally of the parish, to 
 show cause why a faculty should not be granted (o), and 
 with an Intimation that in default of their not appearing. 
 
 (?) Ayl., Parerg., p. 484. 
 (hi) Johnson's Clergy. Va. Me., Vol. I. p. 173. 
 
 (re) Sieveking & E. v. Kingsford, 15 Lam T. Rep. p. 302, and Lam 
 J. liep., 36 N. S. p. 3. 
 (o) Wilkinson v. Moss, 2 Lee, p. 259; Ayl. Parerg., p. 485. 
 
tt. ORDINAKY SEATS. 
 
 or show good and sufficient cause to the contrary, the Cap. I. 
 matter will be proceeded with in their absence. 
 
 29. In the event of there being any adverse appearance. Form of suit. 
 the promovent has the choice of proceeding, either by Plea 
 
 and Proof, or by Summary Petition ; but the latter is the 
 more convenient form (jo). 
 
 30. The court, however, is not obliged to grant a Bishop not 
 faculty in the terms of the intimation, but would grant it t°^g'*o'Forigi- 
 in terms agreeable to the law. Therefore, upon it being nal prayer or 
 
 ° . . _ ' ^ _ ^ intimation. 
 
 objected that in a Decree with Intimation, founding an 
 application for faculty, there had been no limitation to the 
 duration of the grant to the residence of the applicant in 
 the parish, the court held that the objection was not good; 
 but at the same time directed that in future the Intimation 
 should run, to appropriate a pew to the applicant and his 
 family while as continuing inhabitants of the parish ( q). 
 
 31. It is usual to exhibit a minute of vestry concurring Vestry minute 
 in the objects for which the faculty is desired to be ob- duced; but 
 tained ; but the court, in the exercise of its right of grant- Tf^ ^\ ™" 
 ing or withliolding faculties, holds itself unfettered by the 
 
 vsdshes of the majority of the parishioners in vestry : it may 
 refuse the prayer of the whole parish joined together, or 
 may grant, if it appears necessary, a prayer on the applica- 
 tion of one against the rest (r). 
 
 32. But great attention wiU be paid to the ^vishes of the Attention is 
 majority. The parishioners are, in the first instance, the of parish, 
 best judges of the inconvenience and its remedies, and 
 
 the court will not lightly presume that a majority would 
 authorize or willingly incur an unnecessary expense (s). 
 
 (y) Knapp r. Nicholl, 2 Roh. Eccl. R. p. 365. 
 (,([) Partington v. Kec:t. of Barnes, 2 Lee, p. 354. 
 
 ()•) Groves v. Rector of Hornsey, 1 Hagg. C. R. p. ISO; Evans c. Slack 
 & Others, Law J. Brp., 38 N. S., Eccl. p. 39. 
 (i) Ibid. 
 
10 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. I. 33. Tlie disapprobation of even a great maiority of the 
 
 Stutjcture ... J J 
 
 inhabitants is not conclusive against any proposed plan ; 
 
 tion of ma-" ^°^ although it is a fact to which the Ecclesiastical Court 
 
 Inhabitants is ^^^^ great attention, it is certainly not the only circum- 
 
 not concluBive. stance to be considered ; for the majority may incline to 
 
 unnecessary expense, against which the court ought to 
 
 protect the minority, or it may object to necessary 
 
 expense (t). 
 
 Discretion of 34. It is clear that the discretion of the court is free. 
 
 the court is . 
 
 free. Ine contrary doctrine would lead to monstrous conse- 
 
 quences. As for example, supposing a church to be in a 
 mean, shabby, and sordid condition, and yet secure from 
 the actual inclemencies of the weather, and not in a con- 
 dition in which the law would compel the parishioners to 
 incur any expense respecting it, and some munificent 
 person offered to put it in a decent and comely plight, 
 but was opposed by the vestry; the court could not be 
 bound to refuse its consent {t). 
 Court considers 35. The principle which the court has (so far as private 
 posed altera- interests will permit it to do so) to consider in the exercise 
 tion IS for of its discretion is, whether an alteration proposed is reaUy 
 
 practical _ . 
 
 henefit. for the practical benefit of the church and of the parish- 
 
 ioners. 
 If advantage- 36. Where the enlargement of the church will add to 
 out'cost to its means of accommodation, to its beauty, and to the 
 brOT'nt^d"^'^ decency of the sendee, and will not cost the parishioners 
 a farthing, the court cannot conscientiously do otherwise 
 than grant a faculty for the purpose as prayed, although 
 the churchwardens and vestry were imanimous in opposing 
 it (u). 
 
 (<) Groves V. Rect. of Hornsey, 1 Jlntjff. C. li. p. 189 j Evans v. Slack & 
 Ors., Law J. Rep., 38 i\''. S., Eccl. p. 39. 
 
 (?i) Harrison v. Sivayne & Swayne (by Sir Rob. J. Phillimore), 
 unpubl. 
 
tt. OKUINAllY SEATS. 
 
 11 
 
 37. The circumstance that no part of the expenses of a Cap. I. 
 
 STTtTTCTTTItE 
 
 proposed improvenient of a church will be defrayed by the - 
 
 parish, but that the whole will be defrayed by the rector ^g° sPJ'/e^argTd 
 who petitions for a faculty for the pui-pose of such im- against the 
 
 parish very 
 
 provement, has a most material bearing upon the law as material, 
 to the effect of the opinion and wishes of the parishioners 
 upon the discretion of the ordinary (u). 
 
 38. It would appear that a faculty might be granted Faculty might 
 for reseating at the instance of an individual and at his individual 
 expense, supposing that the sittings were dilapidated, and ^^'^""g t° P"? 
 taking into account that the vestry are no longer able to in oppositioa 
 levy a compulsory rate for their repair ; and even m oppo- 
 sition to the wishes of the parish by the churchwardens 
 
 and vestry. Such an application was made by the rector; 
 but he failed to prove an existing inconvenience, or that 
 (as he alleged) many parishioners were deterred thereby 
 from attending divine service, though some sittings might 
 be actually uncomfortable; the application was dismissed 
 by the Consistory Court of London (?o). 
 
 39. In the event of works being already done without Works without 
 authority, a faculty should be obtained to confirm such tc cOTfirmed^ 
 works. ^y iii.mlty. 
 
 40. In a case of this kind, upon a doubt being raised Legality of 
 as to the legal constitution of the vestry at which the work jg unimportant 
 was ordered, the court held tliait that point was unim- 
 portant if the alterations themselves were proper and such 
 
 as the ordinary ought to approve {x). 
 
 41. The first point to which the court looks is, whether Wishes of 
 
 T T 1 • /■ 1 • 1 1 ■ 1 1 1 • ■ • parish asccr- 
 
 the disapprobation of the parish, on which the objection is tained through 
 
 the vestry. 
 
 («) Harrison v. Swayne & Swayno (by Sir liob. J. Phillimorc), 
 unpubl. 
 
 (re) Evans v. Slack & Others, Law J. Ttep., 38 N. S., Eccl. p. 41. 
 (x') Thomas & Hughes i\ Morris, 1 Add. p. i72. 
 
12 
 
 BOOK II. LAW. — B. PARISH CIIUECHES. 
 
 Cap. I. 
 
 Steuctuee. 
 
 Notice of 
 vestry need not 
 be special. 
 
 Mnjoiity 
 obtained by 
 canvass still 
 admissible. 
 
 No objection if 
 done fairly. 
 
 Attendance of 
 strangers at 
 committee 
 does not neces- 
 sarily vitiate 
 its acts. 
 
 founded, is capable of being duly ascertained by the resolu- 
 tion of tlie vestry, or by the opinions or sentiments of 
 others, who being prevented from attending there, have 
 joined in the proceedings in the cause {x). 
 
 42. If it can be shown that due notice of vestry was 
 given, persons who did not choose to attend are not to 
 plead ignorance, even if the notice was general and for 
 parochial purposes only; but still more so, \i particular, 
 and the vestry was called for the object in question (t/). 
 
 43. Where a majority of parishioners is in favour of 
 erecting a gallery, this inference as to their wishes is not 
 impeached by saying that it was an approbation obtained 
 by personal canvass, and that one of those who formed the 
 majority was active in the procurement of it, since, in 
 all public business, some one individual must take the 
 lead {z). 
 
 44. If, indeed, he does it corruptly — if he intimidates 
 or bribes his fellow-parishioners, that may impeach a 
 measure which has been effected by sucli means ; but if he 
 obtains a majority fairly by interference, the degree of 
 activity and zeal which might have been used for that 
 purpose will not affect the validity of the measure (a). 
 
 45. It was made an objection on the application for a 
 faculty to build a gallery, that the meeting of the committee 
 was attended by others who did not belong to it. It 
 appeared that there were nine members present, of whom 
 five were parish officers who, by custom, as was extremely 
 proper, were standing members of all committees. It was 
 
 (.r) Evans v. Slack & S., Laiv J. Rep., 38 N. S., Eccl. p. 39 ; Groves !■. 
 Hector of liornsoy, 1 Hagg. C. R., p. 190. 
 Oj) Ibid. p. 191. 
 (c) Ibid. p. 193. 
 (a) Ibid. p. 193. 
 
a. OEDIKARY SEATS. 13 
 
 held that if it appeared that the other persons who attended Cap. I. 
 
 ^TTITTCTTTTIT'' 
 
 had controlled the proceedings by a fair majority, it would '- 
 
 have vitiated the application ; but it being proved that the 
 resolution for a gallery was unanimous, their attendance 
 was therefore of no consequence (5). 
 
 46. A faculty for the erection of a gallery in a church. Vicar's opposi- 
 
 . , _ . . . „ , . T tion to faculty 
 
 notwithstanding the opposition oi the vicar, was granted for gallery 
 by the Consistory Court of Gloucester. The sentence "^e"""''^'^' 
 was appealed against to the Court of Arches, and the 
 decree of the Chancellor of Gloucester confirmed (c). 
 
 47. The incumbent, however, may properly object to a But he may 
 plan which is generally inconvenient; which diminishes p™!- oppose °" 
 the accommodation in the church ; which disfigures the ^'^'^^ " faculty. 
 building; which renders it dark and incommodious. In 
 
 any case of this description, it is very proper he should 
 make a representation to the Ordinary {d). 
 
 48. At a visitation the vicar made a presentment that Vicar may 
 new pews were wanted, and that he and the churchwardens requirement 
 had formed a plan for regulating the seats; but that the for a'lditional 
 
 ^ o o ' seats, 
 
 vestry had negatived it; that a gallery which had been 
 used by the Sunday School had been pulled down, which 
 he desired might be re-erected; and he concluded by 
 stating, that if the leading parishioners who wanted seats 
 would bring forward any plan equally commodious with 
 that which he suggested and which would not be likely 
 to disfigure the church, he would readily concur with 
 them (e). 
 
 49. The vestry then agreed upon a plan for erecting a Vestry apply 
 new gallery, applied to the ordinary for his faculty ; and foj. ^ gaiiery. 
 the only person who opposed it was the vicar (/). 
 
 (J) Groves v. Eector of Hornsey, 1 Ilagg. C. li. p. 191. 
 
 (c) Tattersall v. Knight, 1 Phlll. p. 237. 
 
 (d) Ibid. p. 233. 
 («)Ibid. p. 232. 
 (/) Ibid. p. 234. 
 
14 
 
 BOOK II. LAW.— B. PAKISn CHURCHES. 
 
 Cap. I. 
 Structuee. 
 
 Tiefisons upon 
 ■which faculty 
 was crauted. 
 
 lu spite of 
 ■vicar. 
 
 Application by 
 rector, opposed 
 by parish, may 
 be granted. 
 
 ConTenience 
 and comfort, 
 and gain of 
 seats consi- 
 dered. 
 
 Faculty re- 
 fused for in- 
 safBcient proof. 
 
 Fact of scats 
 being dilapi- 
 dated has 
 much weight. 
 
 50. The applicants proposed the erection of a gallery, 
 which would be no detriment or inconvenience, but, on the 
 contrary, ornamental; and alleged that five of the prin- 
 cipal inhabitants, in consideration of ha-ving the front 
 seats allotted to them (which the vestry agreed to) under- 
 took to erect the seats for themselves, while the two rows 
 behind were to be at parish expense and for the general 
 accommodation of the inhabitants (j/). 
 
 51. Upon this representation, and in spite of various 
 objections by the vicar, the faculty was granted by the 
 Consistory Court of Gloucester and confirmed by the 
 Arches Court on appeal (ff). 
 
 52. On the other hand it would appear that the applica- 
 tion by a rector to reseat the church and refit the chancel 
 without expense to the parish, though opposed by the 
 churchwardens acting under the authority of vestry, might 
 under some circumstances be granted (A). 
 
 53. The rector alleged that the present seats were in- 
 conveniently arranged; that the proposed alterations were 
 for the comfort and convenience of those persons ■who 
 attended the church ; and that additional seats would be 
 provided (h). 
 
 54. The churchwardens denied the two former state- 
 ments and alleged that no more seats were wanted. The 
 court considered that there was a failure of proof of the 
 rector's statements, and there was not sufficient ground to 
 overrule the opposition of the parish (A). 
 
 55. If it had appeared that the present sittings were 
 dilapidated, that fact would have had great weight, espe- 
 cially since there was no longer power to levy compulsory 
 church rates, and the court would listen with greater 
 
 (<7) Tattersall v. Knight, 1 Phill, p. 232 et seq. 
 
 (A) Evans v. Slack & S., Lam J. Beji., 38 N. S., Eccl. p. 41. 
 
a. ORDINARY SEATS. 1 5 
 
 readiness than heretofore to any proposal on the part of an Cap. I. 
 
 mdividual to improve the architecture or fittings at his L 
 
 own expense; and the consent of the parishioners would 
 not have the weight it formerly had (z). 
 
 56. The fact of a plan for re-pewing being approved by If the bishop 
 the bishop and patrons, the expenses being offered to be assent, &c., the 
 paid by subscription ; and additional accommodation being f""];^^""^^ 
 afforded to the parishioners, who stood in need of it, are assent, 
 reasons which, ordinarily, would strongly incline the court 
 
 to grant a faculty for the purpose (k). 
 
 57. A plan of the proposed new pews should be prepared, A plan should 
 clearly showing the situation and size of the pews to be the' faculty, 
 substituted for those already approj)riated by faculty or 
 prescription; and should be annexed to the faculty for 
 repairing (Z). 
 
 58. But if the plan be approved by the vestry it is not But not to 
 necessary that it should be annexed to the process (appa- 
 
 rently meaning, the Decree with Intimation) (?n). 
 
 59. It being clearly shown that some addition is neces- Court to c™- 
 sary, the only question for the court is, whether the proposed expedient. 
 method is expedient ; not whether it be the most expedient, 
 
 as the faculty can regularly be only for the plan pro- 
 posed (n). 
 
 60. And it is no objection to it, that other and better Nor necessarily 
 means might have been devised for the pin-pose, if evidence is the best 
 
 as to those plans being better has not been regularly <le^isable. 
 brought before the court (o). 
 
 61. In all cases where any dispute may arise, the ordi- Ordinary is 
 
 sole juilgo of 
 
 {i) Evans v. Slack & S., Zaw J. JXep., 38 N. S., Eccl. p. 41. 
 
 (i) Knapp & others -v. NichoU, 2 Eohertson's Eccl. Fiep. p. 306. 
 
 (Z) Parham v. Templar, 3 PUll. p. 515. 
 
 (to) Tattersall v. Knight, 1 FUU. p. 236. 
 
 (re) Groves v. Kector of Ilornsey, 1 Ilagg. C. B. p. 195. 
 
 (o) Ibid. 
 
16 
 
 BOOK II. LAW. — B. PARISn CHURCHES. 
 
 Cap. I. 
 
 Structure. 
 
 number and 
 place of seats. 
 
 Eeasnns affect- 
 ing discretion 
 of court. 
 
 Danger to the 
 fabric. Where 
 doubtful, 
 weight given 
 to opinion of 
 parish. 
 
 Darkening the 
 pews. 
 
 Hindrance to 
 divine service, 
 or any ob- 
 struction. 
 
 nary is sole judge whether more pews are necessary, and 
 where they are to be placed (p). 
 
 62. There are various reasons which would hinder the 
 court, in its discretion, from granting a faculty; especially 
 if the proposed alteration would be likely to injure the 
 building, or impede the light, or if it would be an obstruc- 
 tion or disfigure the building {g). 
 
 63. A faculty for a gallery was opposed on the ground 
 of danger to the fabric of the church, which was one of 
 considerable antiquity, and apparently not of firm architec- 
 ture. Two surveyors said it would be safe ; but another 
 spoke differently, with this reserve, that, without other 
 walls, it would endanger the church. It was held, that 
 as it did not appear that it must necessarily be so con- 
 structed, the court was not to suppose that the parish 
 would employ improper persons to spend their money, 
 especially when the proposed plan had been approved of, 
 by a majority of two to one {q). 
 
 64. Another ground of objection to granting a faculty 
 for a gallery in a church was, that it would darken the 
 pews. It appeared, however, to the court, that the church 
 was competently lighted and that it was capable of receiv- 
 ing additional light from the form and glazing of the 
 windows. The surveyors having no doubt on this point, 
 and some of the parishioners being of the same opinion, 
 the objection was held to be immaterial (r). 
 
 65. And whether the seats belong to the parish in 
 general, or to such particular persons as prescribe for 
 them, care is to be taken that they be not built so as to be 
 a hindrance to divine service, or to any particular person 
 
 {p) Rogers' Eccl. Law, p. 170. 
 
 (j) Groves r. Rector of Hornscy, 1 Hagg. C. M. p. 195. 
 
 (r) Ibid. p. 196. 
 
a. ORDINARY SEATS. 17 
 
 from partaking of the benefit of it, or be in any other way Cap. I. 
 
 , . , , „ , , , , Steuctukb. 
 
 an obstruction to the good order of the church (m). 
 
 66. Pews and seats in a church ought to be regular, Seats to be a 
 and of a moderate height, that the behaviour of the pa- height, 
 rishioners may the better be observed {x). 
 
 67. Therefore, if any seat be built so high as to hinder Seat too high 
 those that sit behind from weU. hearing the clergyman, or 
 
 prevent the churchwardens from well observing the beha- 
 viour of those that sit in them, as they are bound to pre- 
 sent if there be anything amiss ; this is to be remedied on 
 complaint to the ordinary, by taking the seat down to a 
 proper height (y). 
 
 68. Where, under certain acts of parliament, there is On union of 
 any union of benefices, and the bishop has by faculty rearrangement 
 altered and re-adjusted the seats in the church, leaving teing freeMhe 
 (as required by the Act) half, at least, unappropriated ; whole are to 
 all the seats, whether appropriated or free under any new. 
 arrangement thus effected, shall be made as near as possible 
 
 of the same size and general appearance (z). 
 
 69. As the Ecclesiastical Court is careful to preserve Symmetry of 
 
 . . • f 1 1 • 1 T 1 church to be 
 
 the symmetry and proportions of a church, it would be an preserved, 
 objection to a proposed alteration, that these would be 
 violated (a). 
 
 70. If an alteration of his seat, made by any individual. Seat raised to 
 
 be Tcdnccd 
 
 disfigures the church, or the churchwardens disapprove of 
 it, or the parish object to it, the Ecclesiastical Court wiU 
 enforce the restoration of the pew (J). 
 
 (m) Prid. p. 303. 
 
 («) Dawtree's Case, T. T. 2 Jac. C. B.; Degge, Pt. I. cap. XII. 
 (y) Prid. p. 115; Degge, Pt. I. cap. XII. 
 
 (2) Union of Beneficea Acts Amendment Act (33 & 34 Vict. <^. 90), 
 sect. 7. 
 
 (a) Groves v. Beet, of Homsey, 1 Hagg. C. Ji. p. "I!l.5. 
 (i) Parham v. Templar, 8 PliUl. p. 528. 
 
 H. VOI-. II. C 
 
BOOK II. LAW.- B. PARISH CHURCHES. 
 
 Cap. I. 
 
 Strtjctdee. 
 
 Chanrery can 
 ordinarily by 
 assent to its 
 jurisdiction 
 order restora- 
 tion of altered 
 church or re- 
 strain works. 
 
 Ecclesiastical 
 Court will give 
 an early 
 opinion as to 
 the law. 
 
 Country pro- 
 ceedings 
 freqnently 
 irregular. 
 
 Saeh in-egu- 
 larities must 
 be overlooked. 
 
 71. In a recent remarkable case, tlie Lord Chancellor, 
 on appeal, held that the Court of Chancery had ordinarily 
 no power to compel the restoration of a church to its 
 original state, nor to grant an injunction to restrain the 
 completion of the works ; but as he thoiight the defendant 
 (the incumbent) had acquiesced in respect to an injunction 
 which had been granted by the Vice-Chancellor, that in- 
 junction would not be disturbed. But the plaintiff must 
 undertake to apply to the proper Ecclesiastical Court for 
 authority to complete the restoration of the church to its 
 original state ; and the words " without the authority of 
 the bishop or archdeacon" should be added to the order 
 for the injunction (c). 
 
 72. The Ecclesiastical Court is always anxious to give 
 an early intimation of its opinion upon the law, more 
 especially in parochial matters, in order that the parish 
 may get into the right course, and that animosities may 
 cease as soon as possible, since it seldom happens that the 
 interest and excitement of a contest, are confined to the 
 immediate litigants (rf). 
 
 73. In the proceedings in the country courts, wliich are 
 frequently very irregular, it is necessary to look to the 
 substance of the proceedings rather than to the form of 
 them, otherwise it would in most instances be impossible 
 to administer justice between the parties (e). For it is the 
 duty of the superior Ecclesiastical Courts to overlook 
 irregularities in the country jurisdictions, and endeavour 
 to £ret at the substantial merits of the case. There are, 
 however, certain fundamental rules which it is impossible 
 to neglect (/). 
 
 (c ) Cardinall «. Molyneux, Law Times, i N. S.\i. 607. 
 (,d) Blake v. XJahorne, 3 Hagg. p. 732. 
 (e) Tattersall v. Knihgt, 1 Phlll. p. 233. 
 (/) Parham v. Templar, 3 Phill. p. 522. 
 
a. ORDINARY SEATS. 19 
 
 74. The Ecclesiastical Courts have always retained in „ Cap. I. 
 
 _ ■' . . Stbuctuee. 
 
 their hands the question as to the costs of litigants, and 
 
 have very much refrained from laying down any rules for g^sts'^n tanda 
 guidance. Consequently ihe costs of opposing a faculty °^ court, 
 are in the discretion of the court, and not matter of strict ormosing a 
 law. And one great object of the court in parish contests faculty are not 
 is to quiet them as soon as may be, hoping that moderation strict law. 
 on its part, in not condemning the objecting parties in 
 costs, may teach them moderation in their future inter- 
 course with their neighbours and fellow-parishioners (j/). 
 
 75. And where there had been a diiference of opinion Difference of 
 in the parish, though the majority were in favour of a parish is con- 
 gaUery, the court did not condemn the opposers in costs, ^"i^i"'^'^- 
 although the witnesses were all of one family, as it did not 
 
 wish to seem to imply that the opposition was not on 
 public grounds (A). 
 
 76. The churchwardens, however, have a claim, upon Costs of 
 
 . . ,. „ . opposition on 
 
 the court tor its support, m the expenditure ot money in private or 
 the way directed by the parish and finally confirmed by rounds may 
 the court, and therefore costs may fairly be given when ^^ given, 
 the opposition has been carried on after the final appro- 
 bation of the parishioners, particularly if it appears to 
 have been factious or on private grounds (z). 
 
 77. A vicar opposed the grant of a faculty for the Vicar opposing 
 erection of a gallery, and the court decided against him, vexatiously, 
 but gave no costs. The vicar appealed to the Court of condemned in 
 Arches, which confirmed the decision of the court below, 
 and said that it hardly thought that the original contest 
 justified so lenient a sentence as that of the court below ; 
 the vicar should have been satisfied with that decision : the 
 
 ((?) Groves v. Rect. of Hornsey, 1 ITnffi/. C. It. p. 197. 
 
 {h) Ibid. 
 
 (i) Ibid. p. lilG. 
 
 C 2 
 
 costs. 
 
20 
 
 BOOK ir. LAW. — B. PARISH CHURCHES. 
 
 Cap. I. 
 
 STRUCTtTEB. 
 
 Vicar con- 
 demned in 
 costs. 
 
 Bat (later) 
 costs are of 
 right and 
 justice. 
 
 King's Bench 
 granting pro- 
 hibition cannot 
 give costs in 
 Ecclesiastical 
 Court. 
 
 Church- 
 wardens are to 
 keep seats re- 
 paired. 
 
 Rector not 
 chargeable. 
 
 Founder mav 
 prescribe to be 
 exempt. 
 
 appeal had some appearance of being vexatious. Looking, 
 however, to the relation in which the parties stood to each 
 other, and considering how desirable it was that they should 
 return to a good understanding, the court recommended 
 the parishioners to waive pressing the costs (A). They 
 refiised to accede to the suggestion and costs were even- 
 tually given against the vicar (Z). 
 
 78. But later it was said that costs are, in the opinion 
 of the Judicial Committee of the Privy Council, a matter 
 of right and justice, when a party in a suit succeeds; 
 though formerly the rule in the Ecclesiastical Courts was 
 not strict (jri). 
 
 79. The Act 1 Wm. IV. c. 21, s. 1, does not enable 
 the Court of King's Bench, where a party has declared in 
 prohibition and succeeded, to grant him his costs incurred 
 in the Ecclesiastical Court (ji). 
 
 80. It is the duty of churchwardens to keep the seats 
 in the body of the church, equally with the church itself 
 in repair (o), at the general charge of the parishioners, 
 unless any particidar person be chargeable to do it by 
 prescription (ji). 
 
 81. The rector or vicar is not chargeable to the repair 
 of the body of the church or ornaments, being at the 
 whole charge of repairing the chancel (§'). 
 
 82. The founder of the church may prescribe that in 
 respect of the foundation, he and his tenants have been 
 freed from the charge of repairing the church (?•). 
 
 {i) Tattersall v. Knight, 1 Phill. p. 237. 
 
 (0 Ibid. p. 238. 
 
 (m) Knapp and others v. Parish of Willesden, 2 Uoierts. p. 3G9. 
 
 (») Tessimond v. Yardley, 5 S. S)' Adol. p. 458. 
 
 (o) Wood's Inst. p. 94. 
 
 (P) Degge, pp. 163, 1C8. 
 
 Cq) Ibid. p. 168. 
 
 (?■) Ibid. 
 
a. ORDINAXIY SEATS. 21 
 
 83. In like manner the inhabitants of a chapelry may Cap. I. 
 
 C fiTtJ T T r"Ti TTTJ CJ 
 
 prescribe that they have paid, time out of mind, a fixed 1 
 
 sum, or repaired a part of the church ; and have been P\ *« '°- , 
 J, . habitants of a 
 
 freed from all other charges about the repair thereof (5). chapelry. 
 
 84. The repair of the church (and this may be said of It is not a 
 
 .i 1^ • f T • 1 • \ • Ti voluntary act 
 
 tne supply 01 necessaries lor divine worship), is a duty of parishioners. 
 which the parishioners are bound by the common law of 
 England to perform, not a voluntary act which they may 
 decline at their discretion, for the law is absolutely im- 
 perative upon them (^). 
 
 85. Lining and putting in cushions does not constitute Lining and 
 repair, but is mere ornament. It is not usually done by not repair. 
 the parish, but by each individual for his own convenience 
 
 and comfort (m). 
 
 86. Where two parishes are united by act of parlia- United 
 ment the repairs of the church must be done by the jointly repair, 
 parishioners of both {v). 
 
 87. There seems formerly to have been doubt whether Former doubt 
 a foreigner (z. e., a non-parishioner) holding lands in the of non- ^ 
 parish was liable for such matters as bells, seats, and P=J^shioner. 
 ornaments, or only for the repairs of the fabric ; but Degge 
 conceived him to be clearly liable (x). 
 
 88. But probably the Compulsory Church Rate Abo- Affected by 
 lition Act (y), depriving the parishioners of power of Abolition Act. 
 raising money, has had the effect of putting an end to aU 
 
 such questions of liability. 
 
 89. Where city parishes are united under the Act of And exemp- 
 
 tion on nniou 
 of benefices. 
 
 («) Degge, p. 169; Hob. p. 67; 2 Rolle'a Abi: p. 290 {ProWb. I. 2). 
 [f) Gosling V. Veley, 12 Q. B. p. 391. 
 (h) Pettman v. Bridger, 1 PUll. p. 331. 
 
 (y) Harman v. Renew, 3 Salh. 89; 4 & 5 Will. & Mary, u. 12; 23 & 2i 
 Vict. c. 142. 
 
 (a;) Degge, p. 205. 
 
 (y) 31 & 32 Vict. c. 109. 
 
22 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. I. 
 
 Struct USE. 
 
 Eepp.ir by 
 parish has no 
 effect on 
 appropriation. 
 
 Chancel seats 
 repaired by 
 repairer of 
 chancel. 
 
 Unless 
 modified by 
 special custom. 
 
 Loose seat 
 removable by 
 owner. 
 
 So if built by 
 an individual 
 without license 
 may be pulled 
 down by 
 authority. 
 
 When erected 
 are not 
 
 1860, the bishop may by faculty alter and readjust the 
 seats ; and money expended and required for such purpose, 
 and not provided by donation, is to be defrayed from funds 
 provided by the Act {z). 
 
 90. The fact of reparation by the churchwardens, on 
 behalf of the parish, cannot oust the ordinary of his juris- 
 diction in the disposal of them (a). 
 
 91. The seats in the chancel come under diiferent con- 
 siderations. The person who repairs the chancel repairs 
 all seats there, except such as are held by prescriptive 
 title or faculties, and of course these must be repaired by 
 their owners. 
 
 92. But whatever may be the general law and prima 
 facie presumption with regard to the repairs of the chancel, 
 
 stm it is liable to be controlled by special custom. In 
 London such a custom exists generally, and although 
 that may be on peculiar grounds, the inference from the 
 authorities upon this point is that such custom may also 
 exist in country parishes. And such custom was held 
 good, after being found by a jury to exist, in the parish of 
 Clare, in the diocese of Norwich (5). 
 
 93. In Degge's opinion if a seat be set loose in a church, 
 the owner of the seat may remove it (e). 
 
 94. In the opinion of "Watson and Degge, if any person 
 presume to build a seat in the church, without license of 
 the ordinary, or consent of the clergyman and church- 
 wardens, or in an inconvenient place, or too high, it may 
 be pulled down by the proper authority (d). 
 
 95. But it has been decided that pews already erected 
 
 (z) 23 & 2i Vict. c. 112, s. 28. 
 
 (a) Greaterchy v. Beardsly, 2 Leviiiz, p. 241. 
 
 (J) Bishop of Ely v. Gibbous, 4 liagg. p. 162. 
 
 (c) Decge, p. 172. 
 
 {d) See Watson's Clergy. Law, p. 389; Degge, Vt. I. cap. XII. 
 
a. OIIDINART SEATS. 23 
 
 cannot be pulled down without the consent of the minister Cap. I. 
 and churchwardens, unless, after cause shown by a faculty S tbpctu be. 
 or licence, from the ordinary fe). removable 
 
 without 
 
 96. And though the freehold of the church be in the faculty. 
 parson, yet he cannot puU down any of the seats, either Not by the 
 anciently or recently erected; but by license from the thou'hown?D<r 
 bishop, or by consent of the churchwardens (/"). the freehold. 
 
 97. No alterations should be made by a clergyman in Private sanc- 
 his church without in the first instance obtaining the or°ar°hdeacon 
 necessary legal sanction. If the private sanction of the '"^^^^ suffice. 
 bishop or archdeacon had been obtained prior to alterations 
 
 which had been made, the court might not be disposed to 
 insist upon a faculty being taken out; but a clergyman 
 has no right whatever to make alterations on his own 
 responsibility {(/). 
 
 98. In an old case it was held, that supposing that chuvch- 
 the churchwardens had the power of removing seats at ^ting^he 
 their pleasure, yet even then they could not cut the timber woodwork 
 
 Ti ■ 1 liable to action 
 
 of a pew. For it has been held, that the person who built of trespass. 
 the pew has an action of trespass against them for breaking 
 it, even if it has been erected without license of the ordi- 
 nary, and is a hindrance to the parishioners (A). 
 
 99. Watson says, " I shall not question the law of this Watson's 
 case, but this much is to be said against it, that the free- 
 hold being in another person, the annexing of a seat thereto 
 seems to make the seat to be a part of the freehold, and so 
 
 to be in him in whom is the fi'eehold, and the use of the 
 church; and if so, then the breaking of the timber could 
 be no ■wrong to him that had no legal right in it, after it 
 
 (e) Jarratt r. Steele, 3 Philip. 170. 
 
 (/) Degge, Pt. I. cap. XH. p. 213. 
 
 (y) Sieveking v. Evans & K., 15 Law Times Rep. p. 302. 
 
 (A) Gilson V. Wright, Koij, p. 108. 
 
24 
 
 BOOK II. LAW. — B. PARISH CHUKCHES. 
 
 Cap. I. 
 Structure. 
 
 Trespass for 
 breaking a 
 seat claimed 
 by non- 
 parishioner. 
 
 Trespass is 
 held to lie. 
 
 Even where 
 the seat was 
 put np without 
 authority. 
 
 Breaking open 
 door and 
 altering pews 
 is a grave 
 offence. 
 
 was fastened to the freehold, and became as other seats, of 
 common use, and at the disposal of the ordinary" (t). 
 
 100. In Barrow v. Kew (A), an action of trespass was 
 brought for breaking a seat, wherein, as belonging to his 
 house, the plaintiff, time out of mind, used to sit. The 
 house was out of the parish, and upon that circumstance 
 much discussion arose; but the propriety of the form of 
 action does not appear to have been once questioned. 
 
 101. In the case of Spooner v. Brewster (Z), the Court 
 of King's Bench referring to the decision in the case of 
 Dawtree v. Dee, that if the pew itself, which the party has 
 put up, be broken, trespass lies, said that although that 
 case had been somewhere doubted, it seemed consistent 
 with law, and good sense, and it agreed with the decisions 
 in 9 Edw. IV. c. 14, s. 8. 
 
 102. And as in Gilson v. Wright {m), trespass was 
 held to lie against the churchwardens for removing the 
 wood work of a pew, which had been put up by the plain- 
 tiff, who was a person without any authority, a fortiori 
 might such action be maintained, for breaking and removing 
 the materials of one held by a prescriptive title. 
 
 103. In a very recent case in the Arches Court (1861) 
 where the churchwardens, against the expressed direction 
 of the rector, and without authority from the bishop, broke 
 open the church door, and with the assistance of workmen, 
 altered the position of the pulpit, and pulled doivn and re- 
 arranged certain of the seats in the church ; the com-t held,, 
 most strongly, that all who had taken part in those 
 
 (J) Watson's Clergy. Law, p. 387. 
 
 {k) Barrow v. Kew, 2 Kch. p. 342 ; Barrow v. Keen, Siderf. p. 361, p. 4. 
 
 (l) Spooner r. Brewster, 3 Bingh. p. 138. 
 
 (wi) Gilson V. Wright, jVoy, p. 108. 
 
a. ORDINAKT SEATS. 25 
 
 proceedings liad been guilty of a grave ecclesiastical Cap. I. 
 offence (n). Stbuctube. 
 
 104. And though the freehold of the churchyard is in And so ties- 
 the parson, trespass lies for the erection of a tombstone, removing a 
 against a person who wrongfully removes it from the to^l'sto'is- 
 churchyard and erases the inscription. For even the 
 
 parson has no right to remove the tombstones, for the 
 property in them remains in the persons who erected 
 them (o). 
 
 105. And Lord Coke held, that the heir may bring Or for re- 
 trespass against anyone who pulls down the coat armour, armour. 
 &c. of his ancestors, lawfully put up in the church (jo). 
 
 In the case of Pym v. Gorwyn(9'), Chief .Justice Coke 
 cited the case of Lady Gray, who, at her husband's funeral, 
 put up his arms and helmet in the church, and on the 
 parson puUing them down she' brought trespass which was 
 held to He. 
 
 106. Though the freehold of the church be in the Action by 
 incumbent, and the seats be frsed to it ; yet because the wardens for 
 church is dedicated to tlie service of God, and is for the removing seat 
 
 ' _ and not by 
 
 use of the inhabitants, and the seats are erected for their parson, 
 convenience in attending divine service, and such inhabit- 
 ants are chargeable with the repairs of the seats. And, 
 therefore, if any seat, though affixed to the church, be 
 taken away by a stranger, the chiurchwardens, and not the 
 parson, may have their action against the wrong-doer (r). 
 
 107. Aylifre says (s), that if a seat is built iu the body Avliffe's 
 
 opinion con- 
 tradietory. 
 
 (m) Dewdney r. Good, Jxrist, 7 JV. S. p. 637; and referred to as an 
 authority by same court, L. It., 3 Ad. <^' Ee. p. 124. 
 (o) Spooner v. Brewster, 3 Biiigli. p. 138. 
 {.p) Mich. 14 Jac. 1, Brownl. & Gouldsb. p. 45. 
 (y) Pym V. Gorwyn, Moor, p. 878. 
 
 (»•) Watson, pp. 382, 387; citing Year Booh, S Hen. VII. p. 12. 
 (i) AylifEc's Parcrg. p. 486. 
 
26 
 
 BOOK II. LAW. — B. PAIIISH CHURCHES. 
 
 Cap. I. 
 
 Stbuctueb. 
 
 Not remov- 
 able by 
 cbapel- 
 ivaidens with- 
 out perpetual 
 curate. 
 
 Lay impro- 
 priator re- 
 moTiug seats 
 in chancel 
 ordered to re- 
 store them. 
 
 of the church without the bishop's consent, the church- 
 wardens may pull it down; but he also says, that the 
 freehold of the church being ia the parson, when any 
 person has fixed a seat in it, the seat then becomes parcel 
 of the freehold, and consequently the right is ia the parson. 
 The two statements appear contradictory. 
 
 108. A chapelwarden of a parochial chapelry has not, 
 by virtue of his office, any authority to enter the chapel 
 and remove the pews without the consent of the perpetual 
 curate (t). 
 
 109. The lay impropriator of the chancel forcibly broke 
 into a church and pulled down certain pews in the 
 chancel, and erected others in their place. A criminal 
 suit against him was instituted by the vicar. At the 
 hearing before the Exchequer Court the impropriator was 
 admonished to puU down the seats he had erected, to 
 replace those he had pulled down, and to reinstate the 
 chancel as it was ; a time was also fixed by the court for 
 him to certify that he had complied with the sentence (m), 
 and he was condemned in costs. 
 
 no. The remedy is by a suit in the Ecclesiastical 
 Court, and in ordinary cases commences with a citation 
 to show cause why a monition for the restoration of the 
 seats to their original condition should not issue ; but 
 where the acts had been done by the incumbent the Con- 
 sistory Court of London refused a motion for such a 
 monition, and directed that proceedings should be taken 
 under the Church Discipline Act (.r), as for a criminal 
 act. The case went to the Arches Court on appeal, 
 when the judge, deciding the case on its merits., declined 
 
 {t) Jones V. Eliis, 2 Y. ^- J. p. 265. 
 ()f) Jarratt v. Steele, 3 Phill. p. 170. 
 (.r) 3 & 1 A^ct, >;. 86. 
 
a. ORDINARY SEATS. 27 
 
 to give an opinion whether such form of proceeding was Cap. I. 
 or was not right (?/). ■ 
 
 111. Upon the suggestion of the court, and on consent 
 of both sides, in order to save expense, the archdeacon, 
 as a matter of favour to the court, visited the church, and 
 made a report as to what alterations should, in his opinion, 
 remain, and what things should be restored. The court 
 gave sentence in accordance vwth the report, except in 
 one particular {z). 
 
 112. The freehold of the church being in the parson, Paraon only 
 and in none other (a), he only, in the first instance, has ^ey of church, 
 the right to the possession of the key of the church (6), 
 
 and the churchwardens have not, as against the incumbent 
 of a church or chapel, a joint possession of it, so as to 
 disable him from maintaining trespass against them for 
 acts of violence, such as breaking and entering a chapel, 
 and puUing down a pew in the body of it (c). 
 
 113. And even a perpetual curate of an augmented Perpetual 
 parochial cliapelry has a sufficient possession whereon to action of tres- 
 maintain trespass against the chmxhwardens for breaking ^,ardenrfor 
 and entering the chapel and destroying the pews (c). destroying 
 
 114. But if a curate act contrary to the churchwardens cn^ate re- 
 in the removal of a pew, the ciu-ate may be proceeded ™°™g ^ P«^ 
 
 J, , liable to action 
 
 against by the churchwardens ; for the curate has no by wardens, 
 authority to alter the seats (d). 
 
 115. But in respect to articles not affixed to the clim-ch Otherwise as to 
 it is different ; thus, if a man take the organ out of a 
 
 church the churchwardens have an action of trespass 
 
 (y) Sieveking & E. u. Kingsford, Lain Jovrnal Rcx>., 36 N. S. p. 4. 
 
 (z) Ibid. p. 3. 
 
 (a) Frances v. Ley, Cro. 2 Jac. p. 367. 
 
 (i) Lee -o. Matthews, 3 Hagg.^. 173. 
 
 (e) Jones v. Ellis and others, 2 Y. ^- J. p. 265. 
 
 {d) Parham v. Templar, 3 ridll. p. 526. 
 
28 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. I. 
 
 Structure. 
 
 Remedy for 
 pulling down 
 priyately- 
 erected seats. 
 
 Materials of 
 parish seats 
 belong to the 
 parish. 
 
 Materials of 
 seats illegally 
 put np belong 
 to the parson. 
 
 against him ; because the organ belongs to the parishioners, 
 and not to the parson, and the parson cannot sue the taker 
 in the Ecclesiastical Court (/). 
 
 116. If, however, a man, with the assent of the 
 ordinary, doth set up a seat in navi ecclesice for himself, 
 and another doth pull down or deface it, trespass vi et 
 armis doth not lie against him, because the freehold is in 
 the parson, and so the only remedy is in the Ecclesiastical 
 Court {g). 
 
 117. Seats legally put, and at the expense of the 
 parishioners, although they be affixed to the parson's 
 freehold, yet the materials do not, therefore, become his 
 when taken down again, but belong to the parishioners ; 
 for they, having a right to put them there, because of the 
 common use which they have of that part of the church, 
 have also a right to take them away again; and the 
 materials may be disposed of by the churchwardens in the 
 same manner as the materials of the roof of the church, or 
 any other part which they are bound to maintain (A). 
 
 118. If, on the other hand, any man presume to build 
 any seat in church without legal authority, it may be 
 pulled down by order of the bishop, or his archdeacon, 
 and the materials belong to the parson {i), as they have 
 been fixed to his freehold. The churchwardens cannot 
 claim them for the parish, because they did not put them 
 up there ; and the private person who built the seat 
 having had no right to put them there, he can have no 
 right, after having fixed them to the freehold, again to 
 take them away (A). 
 
 (/) Rolle's Abr. p. 393. 
 
 (^) Watson, p. 386. 
 
 (A) Prid. p. 303 ; Degge, Pt. I. cap. XII. (oth ed. p. 172.) 
 
 (i) Degge, p. 172. 
 
 (A) Prid. p. 301. 
 
a. ORDINAEY SEATS. 29 
 
 119. Tlierefore, ueither lie nor the churchwardens can Cap. I. 
 
 Rtrttctttrf' 
 
 have anything to plead in bar of that right, which the '- 
 
 minister has acquired to them, by having had them fixed fJ^eSK^d °^ ^^^ 
 to his fireehold. For if a man wrongfiiUy plant a tree in 
 another man's soil by putting it there he makes it part of 
 the freehold, and therefore whenever it is again removed it 
 belongs to him who owns the land (?). 
 
 120. The door of a pew hung upon hinges, removable A pew door is 
 without interfering with the staple, is a chattel, and not 
 
 part of the fireehold {rn). 
 
 121. But the lock and key to the door of the church Church lock 
 must be taken as part of the building, just as in an ordi- part of the 
 nary house (w). hy,\UiT>g. 
 
 122. Other considerations affect the materials of de- 
 molished pews held under faculty or prescription (o). 
 
 (Z)Prid. p. 304. 
 
 (m.) Mant v. Collins, 10 Jur. p. 30; 15 L. J., Q. B. p. 248. 
 
 (m) Chapman v. Jones, L, R., 4 Ex. p. 282. 
 
 (o) Seej70«f. 
 
30 
 
 BOOK II. LAW. — B. PARISn CIIUKCIIES. 
 
 Cap. II. 
 
 Use. 
 
 Use of scats. 
 
 Nor allotted 
 before the 
 Reformation. 
 
 Wills of in- 
 cumbents 
 bequeathing 
 the seats. 
 
 Fixed seats 
 were intro- 
 duced at 
 earlier date. 
 
 PART B. 
 
 PARISH CHURCHES AND CHAPELS OF EASE. 
 
 DIVISION a. 
 ORDINAR Y SEA TS. 
 
 CHAPTER II. 
 
 USE. 
 123. We now come to the consideration of tlie use of 
 the seats when put up, but, as heretofore, reserving to a 
 subsequent chapter all matters connected with seats held, 
 or claimed to be held, by virtue of faculty or prescription. 
 
 124. It was said by the learned antiquary Bishop White 
 Kennett, that " Before the Age of our Reformation no 
 Seats were allow'd nor any different apartment in a 
 Church assign'd to distinct Inhabitants but the whole 
 Nave or Body of the Church was common, and the whole 
 Assembly, in the more becoming postures of kneeling or 
 standing, were promiscuous and interniixt"(a). 
 
 125. He is followed by Johnson who says (and Bums 
 after him), that "many wills of incumbents are to be seen 
 whereby they did of old bequeath the seats in the church 
 to their successors or others as they thought fit" {h). Athon 
 and Lindwood are silent in the case. The common law 
 books mention but two or three cases before this time and 
 those relating to the chancels and seats of persons of great 
 quality. 
 
 126. Subsequent studies of archieologists, however, leave 
 no doubt that the introduction of fixed seats took place at 
 a period clearly antecedent to the Reformation, though it 
 
 {a) Kennett's Antifi. of Amhrosrlrn, p. 59G, 
 (&) Johnson, Vol. I, p. 178. 
 
a. ORDINARY SEATS. 31 
 
 is higUy probable tbat their use was by no means universal Cap. II. 
 
 even at that date. The statement of Johnson as to the '- 
 
 moveable seats being frequently the property of and be- 
 queathed by the incumbents remains uncorroborated. 
 
 127. In a case in the third year of Queen Anne (1706) Forms were 
 the reporter adds:—" Likewise it was said that anciently ®'''^'®''' 
 there were no pews in chiu-ches but only forms" (c). 
 
 128. The rare references which occur as to the use of Early mention 
 church seats at an earlier period probably relate to chancel to chancd.^'^ 
 seats (<f), or moveable seats, as is more particularly appa- 
 rent from the other part of this work (e). 
 
 129. By the general law the soil and freehold of the Freehold of 
 church and churchyard belong to the parson. For this in the parson, 
 reason the parson alone can give a licence for burying in 
 
 the church (/). We must see how far this general right 
 of the parishioners is affected by the freehold right of the 
 parson, such as it is. 
 
 130. Sir John NichoU does not appear to have had a By a soi-t of 
 high idea of the parson's freehold, for he says, " The free- ^^* 
 
 hold of the chancel may be in the rector, lay or spiritual, 
 as the freehold of the church is, by a sort of legal Jiction, 
 in the incumbent" {g). 
 
 131. It is said, that though the freehold of the church Use of church 
 is in the incumbent, yet the use of the church to hear parishioners in 
 divine service is in the parishioners (h), who have, by the <=°™™°"- 
 general law and of common right, a common property in 
 
 the pews of the church. These pews are for the use in 
 
 (c) 6 Mod. p. 231. 
 
 {d) As in "Wyche's case, the chancel only is refenxd to. Year Booh, 
 9 Edw. IV., Ed. 1597, p. 14. 
 
 (e) Also Johns, p. 175 ; Kcnnett, p. 596 ; Burn's Ecel. Law, p. 358, citing 
 the above. 
 
 (/) Francis v. Law, 2 Cro. p. 367; Day r. Beddinglield and others, Koy, 
 p. 104; 2 Rol. p. 337, c. 10. 
 
 (g) Rich V. Bushnell, 4 I^agg. p. 170. 
 
 Qi) 12 Coke's Hejt.-f 10.5. 
 
32 
 
 BOOK n. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. 
 
 Use. 
 
 All ave en- 
 titled to seats. 
 
 For coDTe- 
 nience at 
 divine ser- 
 vice. 
 
 And for their 
 general ac- 
 commodation. 
 
 At first no 
 seat permitted 
 in thebody of 
 the church. 
 
 Practice of 
 arrangement 
 by bishop has 
 since arisen for 
 maintenance 
 of order. 
 
 common of the parishioners, who are all entitled to be 
 seated, orderly and conveniently, so as best to provide for 
 the accommodation of all (i). 
 
 132. Every parishioner has a right to be seated, but not 
 to a pew (k). 
 
 133. The seats are for the use of the parishioners to sit, 
 kneel, and stand in, for the hearing of the word of God 
 read and preached, and joining in the prayers and other 
 religious duties with the other parishioners (Z). 
 
 134. The object to be attained is the general accommo- 
 dation of all the parishioners (to). 
 
 135. And this distinction was distinctly held in view by 
 the framers of the original Church Building Acts, for 
 although allotments and rents are legalized, it is only till 
 such time as a sufficient endowment can be obtained and 
 no longer. 
 
 136. Thus it was held, in the earliest known case bearing 
 upon the subject of church seats, that, unless by prescrip- 
 tion, a seat in the body of the church could not be per- 
 mitted, for the church is common for everyone, wherefore 
 it is not in reason that one should have a seat and that two 
 should stand ; for no place is more for one than for another, 
 and that a private seat was a common nuisance to all, 
 because it hindered their right of standing in the 
 church (w). 
 
 137. Though thus void of all ancient foundation, a sys- 
 tem, based upon the reasonable claim and duty of the bishojD, 
 as ordinary, to preserve order has gradu.ally grown up, by 
 
 (i) Fuller v. Lane, 2 Add. p. 425; Butt v. Jones, 2 Hagg. p. 424; Avl. 
 Par. p. 484. 
 
 (A) Londonderry Cath., L. J., 8 W. S. p. 861. 
 
 (J) Degge, p. 210; Watson, p. 382. 
 
 (7») Report of Camrs. 1832, 12mo. cd. p. 48; Fuller v. Lane, 2 Add. 
 p. 425. 
 
 («) Year Booh, 8 Henry Yll. p. 12. 
 
a. ORDINARY SEATS. 33 
 
 wliich he proceeds to arrange the church in such manner Cap. II. 
 as the service of God may best be celebrated and that there 
 
 Use. 
 
 be no contention in the church (o). And therefore the Ordinary's 
 authority of the ordinary (that is, of the bishop or person 
 acting for him [/>]), extends prima facie over all pews. 
 
 138. AlsOj perhaps, as having the general cure of souls And as having 
 
 .,,.,.,. , cure throngh- 
 
 withm his diocese (g-). oat diocese. 
 
 139. Therefore, if a question arises concerning a seat in Disputes to be 
 the body of the church, the ordinary shall decide it (r), him. 
 because the freehold is in the parson, and the place is 
 dedicated and consecrated to the service of God. 
 
 ] 40. And all controversies concerning seats in a church Unless claim 
 
 lie \)y prc~ 
 
 are determinable before the ordinary, except where a person scription. 
 claims a seat by prescription («). 
 
 141. In Brabin's case the bishop had displaced him Eolle's report 
 and given seat to Trediman by faculty. He applied for case. 
 prohibition which was granted, 1st, because an alleged part") ° '° 
 custom that twelve parishioners allotted seats was a reason- 
 able custom {t) ; and 2nd, that the faculty was to Tredi- 
 man and his heirs, and not limited to residence in parish. 
 Justice Houghton said that if there had not been an im- 
 memorial custom for the churchwardens to repair and 
 make new seats no prohibition could have been granted 
 " for ancient custom ne poet vaer" as to new seats (m). 
 
 (o) 12 Coke's Rep. p. 105. 
 
 (^) Co. Litt. 96 a. 
 
 (2) Ayl. Par. p. 484. 
 
 (r) Corven's case, 12 Coke's Rep. p. 105. 
 
 («) Anon. p. 12; Mod. p. 401; Eaton v. Aylifte, Eetley, p. 95; Sohart, 
 p. 69. 
 
 {t) Another report of the same case says that the prohibition was 
 granted on other grounds; 1st, because the grant to a man and his heirs 
 was bad; and 2nd, because excommunication was too great a punishment 
 for an interference with the bishop's nominee (Popham, p. 140). 
 
 («) 2 Rolle's Rep. p. 24. 
 
 n. VOL. II. D 
 
34 
 
 BOOK II. LAAV. — B. PAEISH CHURCHES. 
 
 Cap. n. 
 
 Use. 
 
 Common law 
 not to meddle 
 in church 
 seats; 
 
 but only the 
 Ecclesiastical 
 Courts, if no 
 contrary 
 citstom. 
 
 Nor can 
 Chancery con- 
 trol the Eccle- 
 siastical 
 Courts. 
 
 On union of 
 benefices half 
 seats as re- 
 adj usted can be 
 allotted. 
 
 Bishop's juris- 
 diction extends 
 to chapels of 
 ease. 
 
 142. Ayliffe says that in a case respecting a seat in tTie 
 body of the cliurch, prohibition was refused, " For (said 
 Houghton, referring to the case in the Year Book, 8 Hen. 
 VII., 12), this disposition of pews in the church belongs 
 to the order and discretion of the ordinary." And the 
 rest of the judges did all of them say that they would not 
 meddle with the deciding of such controversies about seats 
 in the church, but would leave the same to whom it did 
 more properly belong. And thus the Ecclesiastical Court 
 has jurisdiction and power to dispose of pews and seats in 
 the body of the church, notwithstanding the church is the 
 parson's freehold; if there be no custom to the contrary(u). 
 
 143. And in a recent case Lord Chancellor Westbury 
 intimated that his coiu:t could make no order as to works 
 to be done in the church ; but said that the plaintiff must 
 apply to the proper Ecclesiastical Court for authority to 
 restore the church to its original state, and that a former 
 order of the Vice-Chancellor must be modified, by adding 
 a requirement that the authority of the bishop or arch- 
 deacon should be obtained before any works in the church 
 were effected (x). 
 
 144. Where, under certain acts of parliament, there is 
 any union of benefices, and the bishop has by faculty 
 altered and re-adjusted the seats and the appropriation 
 thereof in the church of the benefice, at least one-half of 
 the sittings shall be left unappropriated (z/). The power 
 of allotment by the bishop is thus limited to the other 
 half of the seats. 
 
 145. And in like manner as the disposal of seats in the 
 mother church belongs to the ordinary, he has authority 
 
 (t)) Ayliffe's Par. p. 485. 
 
 (a;) Cardinall v. Molyneux, L. T., 4 iV. S. p. 607. 
 
 (y) Union of Benefices Acts Amendment Act (34 & 35 Vict. c. 90), 
 sect. 7. 
 
a. ORDINAET SEATS. 35 
 
 as to seats in a chapel of ease belonging to the mother Cap. II. 
 church (2'). ^^^- 
 
 146. But an Ecclesiastical Court cannot entertain a Bnt not in an 
 suit as to the allotment of seats in a place of divine worship building, 
 unless such place is a legally-consecrated building (a). 
 
 147. In a suit for perturbation of seat, objection was Church re- 
 taken to the jurisdiction of the Ecclesiastical Court on the S/bnTno 
 
 ground that the church had been pulled down and rebuilt, farther con- 
 
 1 r 1 , . . secration, 
 
 and that on such rebuilding there had been no consecra- does not stop 
 
 tion. The Privy Council in deciding the case (upon Court. 
 other groimds) gave no judicial decision whether, if a 
 church be rebuilt upon the old lines of foundation, includ- 
 ing within it the same originally consecrated ground and 
 no more, such church does need re-consecration; and 
 wished it to be distinctly understood that the court by no 
 means intended to recognize or sanction such doctrine (b). 
 
 148. No action at common law can be maintained for No action lies 
 a disturbance of a pew which is not annexed to any house, excepfunder'^'^ 
 if it be in the body of the church. But it has been suggested Prescriptive 
 that a chancel is different, as it may be the freehold of an 
 individual (c). 
 
 149. And the mere right to sit in a particular pew is Matter for 
 not such a temporal right as that, in respect of it, an censure. 
 action at common law is maintainable (d). And the dis- 
 turbance is matter for ecclesiastical censure only (e). 
 
 150. The existing rules, upon which such controversies The law was 
 are now decided, have simply grown up. The general gtood.""^ "" 
 law, with respect to pews and sittings in churches, was. 
 
 («) Lee V. Daniel, 12 Mod. p. 228. 
 
 (a) Battiscombe v. Eve, Jur., 9 N. S. p. 210; L. J., 7 2V. S.p. 697. 
 
 (J) Parker v. Leach, 4 Moore's P. C. Sep., iV". S. p. 193. 
 
 (e) Mainwaring v. Giles, 5 B. ^- A. p. 361. 
 
 \d) Ibid. p. 3C2. 
 
 (c) Ibid. p. 361. 
 
 D 2 
 
36 
 
 BOOK II. LATV. — B. PARISH CHUECHES. 
 
 Cap. II. 
 Use. 
 
 Law still in un- 
 satisfactory- 
 state. 
 
 As to seats in 
 chancel, 
 especially 
 doubtful. 
 
 Term cliancel 
 here not ap- 
 plied to a side 
 chancel or 
 chapel. 
 
 Chvrcli in act 
 of parliament 
 includes chan- 
 cel. 
 
 Appropriation 
 of chancel 
 seats claimed 
 by rector. 
 
 for a long time, little understood ; and erroneous notions 
 on this subject are even now current, at least in many- 
 parts of the country, and have led to much practical in- 
 convenience (/). And, indeed, the law on this subject is 
 in some respects stlU in an unsatisfactory state. 
 
 151. Considerable doubt existed as to the appropriation 
 of seats in the chancel, other than those used by persons 
 engaged or assisting in the performance of di-vine service ; 
 in fact such other seats in the chancel are a comparatively 
 recent introduction. 
 
 152. It may be well here, in order to avoid possible 
 mistakes, to refer to the fact that the term chancel was 
 formerly not unfrequently used -with a want of technicality ; 
 when "a chancel" is spoken of it often refers to a chapel 
 or aisle on one side of the actual chancel, and consequently 
 is subject to totally different considerations. 
 
 153. So, although, in strictness, the word "church" in 
 ecclesiastical language is generally understood to mean the 
 body of the church, yet where it occurred in a modem act 
 of parliament (^), the Arches Court held that the word 
 was used by the legislature in its usual and common sense 
 of including the chancel and the whole building, and that 
 manifest inconvenience would result from any other con- 
 struction (A). 
 
 154. The right of appropriation of seats in the chancel 
 was at first claimed by the rector on the ground that he 
 repaired, and was compellable to repair, that part of the 
 church. It is distinctly laid down that the charge of re- 
 pairing the chancel is upon the rector, whether he be 
 appropriator, impropriator, or instituted rector of the 
 
 (/) Fuller V. Lane, 2 Add. p. 425. 
 
 (g) 5 Geo. IV. c. 36. 
 
 ill) Eippiu & W. V. Bastin, L. Journal Sep., 38 N. S., Eccles. p. 37. 
 
a. OKDINARY SEATS. 37 
 
 parish (?). In some churches, however, the vicar is by Cap. II. 
 special composition bound to repair, and then he is said 
 
 to have the freehold of the chancel, as well as of the body fiXcel."^ 
 of the church and churchyard (A). The person, therefore. Repairs of 
 who repairs the chancel repairs all the seats there, except ^'^^ ''^^™' 
 such (if any) as are held by faculty or prescription, which 
 must, of course, be repaired by their owners. 
 
 155. In an early case it was distinctly laid down that Seats in 
 the seats in the chancel are properly in the disposal of the be^prescribJd 
 rector or parson ; but that it would seem that a parishioner ^°'^- 
 
 may prescribe for a seat there (Z). 
 
 156. On this ground of repair Prideaux considers that Prideaux 
 
 • p ,1 -I- 1 , . . l•^ ■ ■ T 1 • , o • thinks rector's 
 
 It the ordinary do not, m exercise oi his right, interfere m right inde- 
 
 the disposal of seats in the chancel, the parson may dispose ff° u™^ °* 
 
 of them in the same manner as the churchwardens do those 
 
 in the body of the church ; but if any controversy arise, 
 
 there is an appeal to the bishop from the one as from the 
 
 other (to). But quasre ? who is to appeal to the bishop ; But quajre ? 
 
 it is not suggested that anyone has a right to a seat lq the 
 
 chancel unless by prescription, or (possibly) by faculty ; 
 
 and it is declared that the use of the chancel is for the 
 
 performance of divine service. 
 
 157. And on the same ground Ayhffe J holding a stronger Perhaps Ay- 
 opinion, says that the ordinary has no right to place any- ' 
 
 one there, and that the rector shall have the chancel to 
 himself ia a peculiar manner. He does not, however, 
 suggest that the rector has any right to dispose of the 
 seats there (w). 
 
 158. The exception is in the City of London, where London claims 
 
 to be an ex- 
 
 (i) Veley v. Burder, 12 A. ^- E. p. 302. 
 
 (7i) Prid. p. 330. 
 
 (0 Hall «. Ellis, A'aij, p. 133. 
 
 (m) Tyrrwhitt's Prid. p. 119. 
 
 in) Ayliffe'e Parerg. p. 486. 
 
38 
 
 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 Cap. n. 
 
 Use. 
 
 ception to 
 general rule. 
 
 But Gibson 
 opposed to 
 Ayliffe; 
 
 and Queen's 
 Bench later. 
 
 Eector has 
 chief pew in 
 chancel, and 
 ordinary ap- 
 points others. 
 
 Vicar's per- 
 sonal claim. 
 
 But much 
 doubt still 
 entertained. 
 
 by custom the parish is bound to repair the chancel ; the 
 churchwardens, probably in consequence of this, claim the 
 right of independent appropriation (o). But no such 
 question seems ever to have been tried. No usage can 
 give them a title to do this exclusive of the bishop. For 
 when any controversy arises, they have nowhere else to go 
 but to the bishop for a decision of it {p), and the claim is 
 treated as non-existent in certain modem acts of parha- 
 ment (§'). 
 
 159. Bishop Gibson's opiaion is directly contrary to that 
 of Ayliffe. He says that the seats in the chancel are under 
 the disposition of the ordinary in like manner as those in 
 the body of the church (r). And more recently there are 
 dicta in the Queen's Bench to the same effect («). 
 
 160. More modem decisions, however, lay down that 
 the general rule is said to be that the rector is entitled to 
 the principal pew in the chancel, but that the ordinary 
 may grant permission to other persons to have pews 
 there {t). 
 
 161. Johnson says that in some places, where the parson 
 repairs the chancel, the vicar, by prescription, claims the 
 right of a seat for his family, and also of giving leave to 
 bury there, taking a fee upon the burial of any corpse (u). 
 
 162. The Commission on the Ecclesiastical Courts, how- 
 ever, reported that the law has not been settled with cer- 
 tainty, and great inconvenience has been experienced from 
 the doubts continued to be entertained. That some are of 
 
 (o) TyiT. Prid. p. 119. 
 (p) Prid. p. 302. 
 
 (?) 18 & 19 Vict. c. 127; 23 & 21 Vict. c. 142. 
 (?•) Gibson's Co. p. 224. 
 
 («) Clifford V. Wicks, 1 3. ^- A. p. 498 j Morgan v. Curtis, 3 M. ^- Ry. 
 p. 389. 
 
 («) Clifford ■11. Wicks, \ B.S; A. p. 506. 
 
 (?«) IJohnson's Cl.Va, me., p. 269, followed in 1 Bain's Bed. Lam, ^.363. 
 
a. ORDINARY SEATS. 39 
 
 opinion that the churchwardens have no authority over Cap. n. 
 pews in the chancel ; while it has been said that the rector, 
 
 whether spiritual or lay, has in the first instance, at least, ^nMld."'"™ 
 a right to dispose of the seats ; claims have also been set 
 up on behalf of the vicar, and the extent of the ordinary's 
 authority to remedy any undue arrangement, with regard 
 to such pews, has been questioned {x). 
 
 163. It does not appear upon what ground this part of Grounds for 
 the church intended for a special purpose should be ap- tionln^chancel 
 propriated to the general seating of the parishioners, and "^°' apparent, 
 thus be converted to the same purpose as the body of the 
 
 church. 
 
 1 64. Nor does it appear why the rector's family, who Nor for prefer- 
 
 T_ ^ • J.- ^ r j^- , n iii ^^'^ of rector's 
 
 can have no ecclesiastical functions to perform, should family. 
 have a preference over the rest of the parishioners. But, 
 as matters stand, such is held to be the case, and all the 
 other seats in the chancel are now generally supposed to be 
 in all respects subject to the appropriation by the church- 
 wardens under the bishop and under the same conditions 
 as the seats in the body of the church. 
 
 165. The earliest record of any systematic arrangement Commence- 
 of seats by the ordinary's authority, appears at the begin- matic 
 
 arrange- 
 ment. 
 
 ning of the seventeenth century, when in a few instances 
 the bishop granted a faculty for the purpose; showing that 
 it could be only done by the exercise of an (actual, as- 
 sumed, or arrogated) authority formally granted in very 
 few individual cases. No general rule as to the disposi- 
 tion of the seats amongst the parishioners in order of rank 
 appears to have been laid down until the year 1825, when, 
 in the course of his judgment in the case of FuUer v. Lane, 
 Sir John NichoU, then Dean of the Arches, said (y) : — 
 
 " The parishioners have a claim to be seated according Preference to 
 
 rank and 
 
 (») Rep. of Com,, on Eccl. Cts. p. 130. 
 iy) Fuller v. Lane, 2 Add. p. 426. 
 
40 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. 
 
 Use. 
 
 station, first 
 ruled in 1825. 
 
 No authority 
 giren. 
 
 Reasons for 
 doubt of ordi- 
 nary's power. 
 
 If existing 
 must be exer- 
 cised with 
 discretion. 
 
 to their rank and station ; but the churcliwardens are not, 
 in providing for this, to overlook the claims of aU the 
 parishioners to be seated, if sittings can be afforded them. 
 Accordingly they are bound in particular not to accom- 
 modate the higher classes beyond their real wants, to the 
 exclusion of their poorer neighbours, who are equally en- 
 titled to accommodation with the rest, though they are not 
 entitled to equal accommodation, supposing the seats to be 
 not all equally convenient." 
 
 166. The question, however, before the court for de- 
 cision did not relate to the general arrangement of the 
 parishioners, but was a contest with respect to the applica- 
 tion of an individual for a faculiy to secure to him and his 
 family a particular pew. The observations of the judge, 
 above quoted, do not therefore carry the weight of a judg- 
 ment. It will be noted that the judge referred to no 
 authority for his opinion, and a careful search has failed 
 to discover any. If no authority be found, it would seem 
 that the matter is thrown back to the ancient decisions 
 that the church is common for every one (z). Such an 
 arrangement as was contemplated by the judge in 1825 
 was perhaps not unsuited to the ideas of the time; but 
 now, and especially where there is a rapidly-increasing 
 population, very different considerations operate. 
 
 167. It may be doubted whether the ordinary has the 
 power to deprive the parishioners at large of their equal 
 rights in the church by aUotting a fixed part to certain 
 individuals or families to the exclusion, so far, of all the 
 rest of the parishioners. And supposing that the claim 
 to such power be maintainable, there seems no reason to 
 doubt that the exercise of it must depend upon the dis- 
 cretion of the ordinary ; the churchwardens are bound to 
 
 (ji) Year Bool, 8 Henry VII. p. 12, 
 
a. ORDINARY SEATS. 41 
 
 exercise their authority with discretion (a), and the same Cap. II. 
 rule Trould apply to the bishop ; and it has never been ; 
 
 suggested that he is bound in its exercise to favour an 
 apphcant in preference to the parishioners generally. 
 
 168. But, since the case of Fuller v. Lane (b), ordi- Present prac- 
 
 tice of doubt- 
 
 naries have been accustomed to assume, as an estabushed ful force. 
 rule of law, that it is their duty to allot seats to parishioners 
 according to the rank and station of the appUcants ; but 
 the remarks of the judge, in that case, even if they had 
 had the force of a judgment, can scarcely be taken to 
 favour an allotment to some parishioners to the entire 
 exclusion of others. 
 
 169. The authority actually exercised by the ordinary Bishop's au- 
 in the iise of the seats is performed by means of the exercised 
 churchwardens, as a matter of convenience, and they place *^Q°ch- 
 the parishioners in the different pews (c). wardens. 
 
 170. As the churchwardens have the care of the church Duty of 
 and of all the seats therein, they must see that good order keep pood 
 be preserved, and no disturbance or contention be made f t?e'se°te 
 about them in the house of God; but (Prideaux adds) 
 
 that every man regularly take that seat and that place in 
 it to which he has a right, whether it be by prescription, 
 by order of the bishop, or by their own permission (rf). 
 
 171. Watson, on the other hand, shows the incon- Inconvenience 
 venience which might arise from the plan of allotment, ating best seats 
 If merely the best and upper seats be appropriated, per- °^ ^■ 
 
 sons of greater quality could then only be seated in inferior 
 and remote parts of the church, the best seats by such 
 means being taken up, it may be by only inferior tenants 
 
 (o) Wyllie v. Mott & F., 1 ITagsi. p. 33. 
 ( J) Fuller V. Lane, 2 Add. p. 426. 
 
 (c) Drury v. Harrison, cited in Parham v. Templar, 3 PMU. p. 516; 
 Morgan v. Curtis, 3 M. 4' Ry- p- 349 ; Wood's Inst. p. 94. 
 
 id) Tyrr. Prid. p. 103. No authority is given for this statement. 
 
42 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. n. or servants living in the houses, to which the pews are 
 
 Use. 
 
 said to belong (/). 
 
 Wardens 172. The churchwardens should take good care to pre- 
 
 improper^^^^" '^^^* improper occupancy, and if they do not attend to this 
 occupancy. tJigy are guilty of a breach of their duty(^). 
 Limitation of 173. The doctrine that the general disposal of the seats 
 where all seats appertains to the churchwardens, perhaps, must receive 
 moveable. some hmitation where the seats are all moveable or where 
 
 chairs alone are in use {h). 
 
 Wardens act 1 74. The common law never meddles with these 
 
 of ttie\i°liop'^^ matters, except where a seat is claimed by prescription. 
 
 All other seats it wholly leaves to the disposing and 
 
 ordering of the bishop ; and so long as he has the decision 
 
 of all controversies about them, this will always be a 
 
 proof of his right in the matter. Therefore, whatsoever 
 
 usage the churchwardens may pretend to for the disposal 
 
 of the seats in any church, they must be understood to do 
 
 this solely by the authority of the bishop, as officers acting 
 
 under him (z). 
 
 Doubt if they 175. It seems doubtful whether the churchwardens 
 
 can have the ^ -» . . • i j_ j_ t j^ _l 
 
 right inde- have, under any circumstances, a right to dispose ot seats 
 bisho™'°^'^° independent of the ordinary. Dr. Prideaux held that 
 how much soever it may have been 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, what- 
 ever they do in this kind, must always be supposed to be 
 done by an authority derived from him, either positively 
 granted, as by his faculty, or else tacitly allowed (A). 
 
 (/) Watson, p. 392. 
 
 O) Walter v. Gunner & Drury, I Hagg. C. B. p. 317. 
 
 (/(.) Kitchings v. Cordingley, L. R., 3 Adm. ^ Mc. p. 119. 
 
 (i) Prid. p. 307; Degge, p. 213. 
 
 (Zi) Prid. p. 302. 
 
a. ORDINARY SEATS. 43 
 
 176. In a suit in the Consistory Court of London in Cap. 11. 
 
 . . Use. 
 1598, brought by the wives of two parishioners against '- 
 
 churchwardens, the latter, in the name of themselves and tiie°ordinary° 
 the parishioners, challenged that to themselves the right 
 belonged of placing and displacing of pews. Dr. Stanhope, 
 the Judge, said : — " I thinck itt fitt, when there is occasion, 
 that the Ordinarie be alwaies therein consulted, for con- 
 tinuance of his Jurisdiction, and for redressinge of any 
 whoe shall find them selves agreved" (I). 
 
 177. In Rolle's Report of the case of Brabia v. Tredi- Whefket 
 man, it is stated that a prohibition, even after an appeal prescribe to 
 to the High Court of Delegates, was granted for two geitsiude- 
 
 reasons : — pendent of the 
 
 bishop. 
 
 1. Custom for the two churchwardens, vrith assent of In favour. 
 
 twelve parishioners, to appoint for the appro- 
 priation of seats was reasonable. 
 
 2. That the grant by the bishop to his nominee was to 
 
 him and his heirs, and not so long as he inhabits 
 the parish (?w). 
 
 178. It is stated ia Gibson's Codex, on the authority Custom held 
 of this case in EoUe's Reports, that a custom, time out j^g good.°° 
 of mind, of disposing seats by the churchwardens and 
 
 major part of the parish, or by twelve or any particular 
 number of the parishioners, is a good custom ; and that if 
 the ordinary interpose, a prohibition will be granted (w). 
 He also refers to the case of Colebach & others v. Bald- 
 wyn, but that only goes to the extent that such a custom 
 might be good, but not that it is good. And Watson cited by Wat- 
 cites this case as authority for his statement that the 
 
 (I) London, Vicar- General's Books, Vol. VIII. fol. Ixi. 
 (m) Brabin v. Trediman, 2 Rolle's Rep. p. 24. 
 
 («) Gibson's Co., p. 222 ; Colebach & others v. Baldwyn, 2 Lvitwyche, 
 p. 1032. 
 
44 
 
 BOOK II. LAAV. — B. PARISH CHURCHES. 
 
 Cap. II. 
 Use. 
 
 Grounds of 
 prohibition 
 as stated in 
 another report. 
 
 Contrary deci- 
 sion: parish- 
 ioners cannot 
 oust ordinary. 
 
 Nor jostle out 
 his authoritv. 
 
 churchwardens may have the disposal of the seats indepen- 
 dent of the ordinary (o) ; and Bum cites Watson (jc). 
 
 179. The report of the same case by another reporter 
 states the ground upon which the prohibition was granted 
 very differently : — " Prohibition granted because the grant 
 to man and heirs is not good, and because excommunica- 
 tion was too great a punishment for those who interfered 
 ■with bishop's appointee." {q). It seems probable that of 
 the grounds for prohibition as stated in these two reports, 
 the latter is correct as being in accordance with other 
 decisions. 
 
 180. But the opinion that the churchwardens have no 
 independent authority rests on much firmer ground. In 
 a case where the churchwardens prayed a prohibition of 
 the Bishop's Court in the disposal of seats, — alleging that 
 as they repaired they had a prescriptive right to deal with 
 them, — the court refused the prohibition, saying that : 
 " Of common right the ordinary hath the disposal of all 
 seats in the church, and of common right the parishioners 
 ought to repair them. Then what have the parishioners 
 done here to oust the ordinary of his jurisdiction ? They 
 have only said that they have repaired the seats at the 
 parish charge, for which they have the easement of sitting 
 in them, according to the disposal of the ordinary" (r). 
 
 181. But where a prohibition was prayed, on a sug- 
 gestion that time out of mind there had been a custom 
 that the churchwardens, with the major part of the 
 parishioners, may order the seats in the church. Chief 
 Justice North said : — " A prohibition shall not be granted 
 
 (fl) "Watson, p. 389. 
 
 {j)) Bom's Bcc. Lam, 9th ed., p. 359 a. 
 
 (y) Brabin v. Tradnm, Popliam, p. 140. 
 
 (»■) Grcaterchy v. Beardsly, 2 Lei'inz, p. 241. 
 
a. ORDINARY SEATS. 45 
 
 because the ordinary bath jiirisdiction, and the church- Cap. II. 
 
 Use 
 
 wardens cannot jostle out his authority" («). 
 
 182. And this appears to have been had in view in the Appears in act 
 act of parliament passed in 1860 to facilitate the union of jn iggo. 
 parishes in cities, towns, and boroughs {(). Under cer- 
 tain circumstances (after reserving sufficient for all the 
 parishioners attending service), seats in the church might 
 
 be provided for non-parishioners. Over these the church- 
 wardens alone have control, since non-parishioners can have 
 (unless byprescription)norights in the church,and therefore 
 cannot be entitled to appeal to the bishop ; whereas it is 
 expressly provided that the parishioners' seats are to be 
 disposed of by the churchwardens under the bishop. 
 
 183. Watson, referring to Pym and Gorwyn's case (?<), Ordinary may 
 says, that though it is said to have been held that seats reason to 
 
 in the body of the church are disposable by the parson and interfere, 
 churchwardens, this must be understood of the usual 
 cases, where there is no dispute about the matter, and the 
 ordinary does not interfere because none complain {w). 
 But according to other reporters of the same case, it was 
 held that the ordinary had primarily the disposal (x), 
 
 184. And it has been held that parishioners cannot Wardens are 
 ■T , T r T • !• ,^ T not capable of 
 
 prescribe to dispose ot pews exclusive oi the ordinary, inheritonce. 
 
 because the ordinary not acting, might be because there 
 had been no occasion for his intermeddling ; but that 
 cannot vest the right in them who are only a corporation 
 capable of goods, but not of inheritance {y). 
 
 (s) Langley ». Chute, Sir Tlio. Raym. p. 246. 
 
 (t) 23 & 24 Vict. <z. 142, s. 27. 
 
 («) Pym V. Gorwyn, Moor, p. 878. 
 
 (to) Watson's CI. Law, p. 388. 
 
 (jc) Corven's case, 12 Colie, p. 105; Garven and Pym's case, Godh. p. 
 200. These and Pym v. Gorwyn, reported by Moor, p. 878, are one case, 
 but the names spelt differently by the different reporters. 
 
 (_y) Presgrave v. Chnrchw. of Shrewsbury, 1 Salh. p. 166. Such pre- 
 scriptive right void, Com. Dig. " Esglise " (G. 3). 
 
46 
 
 BOOK II. LAW. — B. PAEISH CHURCHES. 
 
 Cap. II. 
 
 Use. 
 
 If all are satis- 
 fied bishop 
 need not 
 interfere. 
 
 Parson has no 
 authority. 
 
 Neither clergy 
 nor Ycstry have 
 any right to 
 interfere. 
 
 Bat formerly 
 often done 
 where church 
 was rebuilt. 
 
 Right of 
 parishioners to 
 use of church. 
 
 185. As to the mere arrangements of seats, if the pa- 
 rishioners can settle that amongst themselves, and to their 
 own satisfaction, and can agree about the expense, there 
 seems but little necessity for the interference of the in- 
 cumbent, the expense being that of the parishioners (z). 
 
 186. It was formerly held that the parson acted jointly 
 ■with the churchwardens (a) ; but it has more recently 
 been held that the incumbent has no authority in the 
 seating and arranging the parishioners, beyond that of 
 an individual member of the vestry, and that which his 
 station and influence in the parish naturally give him (S). 
 
 187. And also that neither the clergyman nor the 
 vestry have any right whatever to interfere with the 
 churchwardens in seating and arranging the parishioners, 
 as is often erroneously supposed. But at the same time 
 the advice of the clergyman, and even sometimes the 
 opinions and wishes of the vestry, may be fitly invoked by 
 the churchwardens, and to a certain extent ought to have 
 weight, or may reasonably be deferred to in this matter (c). 
 
 188. On rebuilding a church it used to be very 
 common to leave the adjustment of the pews to the 
 rector and churchwardens {d). 
 
 189. By the laws of King Canute, a.d. 1018, all people 
 ought of right to assist in maintaining the church (e). 
 Possibly upon this ground (for no other is suggested), it 
 has been held that every householder has a right to call 
 upon the parish for a convenient seat (f). Perhaps, had 
 
 (z) Tattersall v. Knight, 1 Phill p. 233. 
 
 (a) Pym v. Gorwyn, Moor, p. 878; Ayliffe's Par. p. 484; Wood's ZnH. 
 . 94. 
 
 (J) Tattersall v. Knight, 1 PUll. p. 233. 
 (e) Fuller v. Lane, 2 Add. p. 425; Pettman v. Bridger, 1 Pliill. p. 323. 
 
 (d) Rogers v. Brooks & B., M. T., 24 Geo. III., £. R., cited in Stocks 
 . Booth, 1 T. R. p. 432 n. 
 
 (e) Johnson's Canons, A.D. 1018, No. 29. 
 
 (/) Groves & R. v. Rector of Homsey, 1 Hagg. C. R. p. 194. 
 
a. ORDINARY SEATS. 
 
 47 
 
 the point been more specially under consideration in Cap. II. 
 several judgments on pew law, the word " parishioner " 
 
 would have been substituted for "householder;" since f^ther'tt^fn 
 it is difficult to understand that every individual resident householder, 
 parishioner should not reasonably require a like accom- 
 modation to that granted to each richer family through 
 its rate-paying head. All alike are Christians, and Church for use 
 members of the church of the nation ; and those of the 
 poorer class prestmiably have less opportunity than their 
 richer neighbours of attending divine service, and of 
 obtaining instruction in rehgion. In fact, as stated in 
 various judgments, and expKcitly in the Report of the 
 Parliamentary Commission, the object to be attained is 
 the general accommodation of all the parishioners {ff). 
 
 190. Various decisions, probably for the sake of satis- Subsequent 
 fying those who were most likely to be exigent (since the preference, 
 doctrine is not impressed with a stamp of high antiquity, 
 
 and it appears to want any original legal basis), direct 
 that though all are entitled to seats, yet a preference 
 should be shewn for persons of the higher social standing 
 in the parish ; but stil the rights of all are maintained, 
 though not their equal rights which the early decisions 
 emphatically uphold. The origin and gradual rise of this 
 practice is shown fuHy in Book I., Chap. VI. of the present 
 work. 
 
 191. The only early case is that in 1493, when Fitz- Only early case 
 waiter sued on a writ of trespass for breaking and carrying to chancel, 
 away his seat in church ; when, in deciding against the 
 
 plaintiff, the court said that perhaps the Ordinary would 
 order for the gentlemen places convenient for them, and for 
 the poor other convenient places (A). That the places for 
 
 (g) Report of Com. on Eccl. Cts., 1832, 12mo. ed. p. 129. 
 Qi) Year Book, 8 Hen. VII. 12. 
 
48 
 
 BOOK II. LAW. — B. PAEISH CHUECHES. 
 
 Cap. II. 
 Use. 
 
 Parishioners' 
 claim to seats 
 according to 
 rank ; though 
 all still en- 
 titled. 
 
 Long posses- 
 sifin and other 
 claims for 
 consideration. 
 
 Donbt as to 
 any allotment 
 where there is 
 not room 
 for all the 
 parishioners. 
 
 gentlemen were probably in the chancel will be .seen on 
 reference to Book I., Chap. VI. of the present work. 
 
 192. As laid down by Sir John NichoU in the case of 
 Fuller V. Lane, before referred to, the parishioners have a 
 claim to be seated according to their rank and station ; 
 but, on the other hand, the churchwardens are not, in 
 providing for them, to overlook the claims of all to be 
 seated, if sittings can be afforded them. Accordingly, 
 they are bound in particular not to accommodate the 
 higher classes beyond their real wants, to the exclusion 
 of their poorer neighbours, who are equally entitled to 
 accommodation, though not to equal accommodation, sup- 
 posing the seats not to be equally convenient (?). 
 
 193. The object to be attained is the general accom- 
 modation of all the parishioners, and in endeavouring to 
 effect this due consideration must be paid to rank, station, 
 number in family, long possession, and the particular 
 state of the parish with respect to church room (J). 
 
 194. It wiU be seen, that by the common-law right, 
 which is recognized and admitted in these decisions, aU 
 parishioners are equally entitled, and chiu-chwardens are 
 compellable by ecclesiastical censures to provide places 
 for all. "With the enormously increased, and still rapidly- 
 increasing population, it has become an impossibility to 
 provide seats for all, notwithstanding the number of ad- 
 ditional churches annually consecrated. The question 
 then arises, and has yet to be determined, whether church- 
 wardens are bound to allot seats to some, to the seclusion 
 of the rest of the parishioners, who would thereby be 
 deprived of their original common-law right ; and, if not 
 bound, whether they can legally do so in the exercise of 
 
 (i) Fuller v. Lane, 2 Add. p. 426. 
 O') Mep. on Eccl. Ots. p. 129. 
 
a. ORDINARY SEATS. 49 
 
 their discretion, or under the immediate authority of the Cap. n. 
 
 J • Use. 
 
 ordinary. 
 
 195. It has been held that an inhabitant in a parish Parishioners 
 will probably have some permanent place for himself and depend on 
 his family to sit in. A person occupying a respectable fov'^seatV^'"" 
 station is not, each time he comes to church, to wait till 
 
 the clerk or sexton allots a sitting to him (A). The idea 
 of absolute freedom, such as once existed, had evidently 
 been entirely lost sight of when this was said. 
 
 196. Many decisions have been given, and dicta enun- Arrangement 
 ciated with reference to the powers and duties of church- subsi'diary to 
 
 wardens in the allotment of seats, which we proceed to tjie rights of all 
 
 . . t°6 parish- 
 
 mention in detail ; but the right of all the parishioners to ioners. 
 
 the use of the church must be borne in mind as a primary 
 
 necessity, to which mode and powers of arrangement are 
 
 subsidiary. 
 
 197. Generally speaking, the churchwardens act more Preference of 
 correctly in allotting vacant pews to such parishioners as trsnccessoi/ 
 have the best claim to them, in point of standing in the °^ f"™<=r 
 
 '■ ° occupiers. 
 
 parish and general respectability, rather than to those 
 who happen to succeed as tenants of the houses inhabited 
 by the late occupiers of those pews (J). 
 
 198. Where the churchwardens, in exercise of their Wardens may 
 right, seated a person of respectabihty, who had a large reasons^for" 
 and increasing family, and who inhabited one of the allotment. 
 principal houses, and paid highly to the parish rates, it 
 
 was held that this might properly be pleaded, in defence 
 of their conduct (jn). 
 
 199. Every man who settles as a householder has a Additional 
 right to call on the pai-ish for a convenient seat, and if the ^^^^ '^^ p,.Q. 
 
 (Ti.) Morgan v. Curtis, 3 M. 4' By. p. 393. 
 
 (0 Puller V. Lane, 2 Add. p. 438. 
 
 («!.) Wyllie V. Mott & F., 1 Hagg. p. 40. 
 
 II. VOL. II. K 
 
50 
 
 BOOK II. LAAV.-B. PARISH CHURCHES. 
 
 Cap. II. 
 
 Use. 
 
 ■vided when 
 there is not 
 room for all, 
 
 Sed quare 
 now. 
 
 chiu'cli is insufficient to the due accommodation of the 
 parishioners, it is highly proper it should be enlarged, as 
 this is an inconvenience against which the parish is bound, 
 and may be compelled by ecclesiastical censures, to pro- 
 vide (ji). 
 
 200. At least, it was so held by Lord Stowell in 1793; 
 but since the churchwardens were deprived by the Act 
 for the Abolition of Compulsory Church Rates (o), of the 
 power of raising funds, it cannot be supposed that their 
 liability to provide sufficient church room for all the 
 parishioners any longer exists. 
 
 201. It seems extremely doubtful whether a person 
 begins to be a parishioner at the time of building a new 
 house in the parish in which he intends to, and afterwards 
 does, reside (p). 
 
 202. If the churchwardens neglect or go beyond their 
 duty in the seating of the parishioners, they may be cited 
 in the Ecclesiastical Court (§'). 
 
 203. Where the churchwardens were cited to show cause 
 why they had not seated, or caused to be seated, the plain- 
 tiff and his family in the parish church, according to his 
 station and condition, he being a principal inhabitant and 
 parishioner, and having duly applied to them to be so seated ; 
 the court thought the process had issued very properly, 
 and that this was a convenient mode of proceeding (y). 
 
 Answer of "no 204. It would be a Sufficient return if the churchwardens 
 were to aver that they were unable to comply with the 
 request, on the ground of there being no vacancies (y). 
 It is impossible "^05. If that return were made and duly established, it 
 always to might be entitled to much consideration, as, in the enlarged 
 
 supply ° ' ' a 
 
 Donht whether 
 beginning to 
 huikl eonsti- 
 tntes pa- 
 rlshionershlp. 
 
 Wardens may 
 he cited for 
 neglect or 
 excess. 
 
 Citation to 
 show cause is 
 a convenient 
 proceeding. 
 
 vacancy 
 would be a 
 sufficient 
 return. 
 
 («) Groves v. Keot. of Hornsey, 1 Ilagg. C. R. p. 19i. 
 
 (o) 31 & 32 Vict. c. 102. 
 
 Ip) See Fuller v. Lane, 2 Add. p. i32. 
 
 iq) Walter r. Gunner & D., I Hagg. C. M. p. 316. 
 
a. ORDINARY SEATS. 51 
 
 population of many parishes, it may really not be in the cap. II. 
 power of the chiirchwardens to make immediate additions ^^^' 
 to the fabric, or to build chapels at once for the accommo- church room 
 dation of the inhabitants (r). immediately. 
 
 206. But if there are existing pews improperly occupied. Offer of leave 
 the mere offer of a permission to erect a pew is not a good is not'^suffi-"^ 
 return («). cient 
 
 207. In exercising their duty the churchwardens must "Wardens must 
 act with just discretion (^), and with due regard to any andkgaHy.''' 
 legal or equitable title (■«). 
 
 208. ^^Tiere church room is abundant, and the popula- Where room 
 
 ,- . ,T . r- 1 , T 1 » .,. i.s abundant 
 
 tion is tmn, persons oi large property and large lamilies large pews may 
 may have large pews allotted to them, which afterwards ^^ allotted, 
 may be taken away or diminished, when circumstances 
 change ; as if their famihes become reduced in number, or 
 the chiu-ch room, from increase of population, becomes 
 more wanted (d). The subordination of individual con- 
 venience to that of the parish is thus clearly laid down. 
 
 209. A single parishioner filed a biU against church- "Whether worts 
 wardens, alleging their intention to execute works in the a,.e nuisance to 
 church which would be injurious to himself as a parishioner P^i'ishioncr ? 
 in habit of attending divine service. The vestry then 
 
 passed a resolution to abandon the works altogether. The 
 plaintiff still persisted, but his motion, made afterwards, 
 was declared to be improper, and was refused "with costs. 
 
 \_Qu(Bre, whether this is a private nuisance and such 
 bill could be sustained (x).] 
 
 210. The right being in the parishioners, it follows that Non-pa- 
 
 rishioners 
 
 (•)•) "Walter v. Gunner & D., 1 Hagsf. C. U. p. 316. 
 (s) Ibid., p. 317. 
 
 (t) "Wyllie V. Mott & P., 1 Bagg. p. 33. 
 
 (?i) Drury v. Harrison, cited in Parham «. Templar, 3 Phxll. p. 516. 
 {v) Parham v. Templar, 3 Phill. p. 523. 
 (a-) "Woodman v. Robinson, Sim., 3 N. S. p. 204. 
 
 E 2 
 
52 BOOK II. LAW.— B. PARISH CnURCHES. 
 
 Cap. II. non-parishioners and extra-parochial persons can have no 
 possessory claim to seats in the body of the church, nor 
 
 can claim only any title whatever except by lorescription (v\ 
 
 by prescription. •' i- -i i. i. .j / 
 
 But some pro- ^^^^ ^^^ where, under the Union of Benefices Act, a 
 r!'?u '"'I'^^fv, commission (appointed under the act) report that it is not 
 Union of expedient to carry into eifect a proposed union, and that it 
 
 would be expedient to afford improved accommodation for 
 casual residents and non-parishioners, the bishop may, if 
 fimds be provided within two years, direct that one or more 
 of the churches which had been proposed to be united, be 
 re-seated accordingly, and after retaining sufficient for all 
 the parishioners attending divine service the rest of the 
 seats shall be free to non-parishioners in accordance with 
 the report, but under the control of the churchwardens {£). 
 A right, though of a peculiar and modified description, is 
 thus granted to non-parishioners. 
 Possession _ 212. Claims grounded on possession cannot be main- 
 
 against tained as against the ordinary, or churchwardens under 
 
 "'ard'ns °^ ^™' ■^°'^ ^'^^ "^^^ displace and make new arrange- 
 ments [a). 
 Mere posses- 213. An allotment of seats, by the authority of the 
 
 sion good 
 
 against churchwardens, gives a kind of possessory title, clearly 
 
 good against a disturber; and it would even appear that an 
 equally valid title may be acquired merely by an usurped 
 occupation, at first with their concurrence ; and afterwards, 
 in the absence of objection firom them, their consent wiQ 
 be presumed (J). But such a title in itself gives rise to 
 serious litigation, and subsequently leads to an infinite 
 number of claims to prescriptive titles (c). 
 
 (y) Byerley v. Windns, 5 B. ^- C. p. 1. 
 
 (z) 23 & 24 Vict. c. 142, 8. 27. 
 
 (a) Walter v. Gunner & B., 1 Hagg. C. R. p. 322. 
 
 (J) 'Wyllic V. Mott & F., 1 Hagg. p. 31. 
 
 (c) Beport on Bed. Cts., p. 131. 
 
a. ORDINAUY SEATS. 53 
 
 214. Considering the weight wMch has, howevei'j been cap. Ii. 
 attached to a possession under an allotment by the church- 
 
 wardens, they ought not, without cause, to displace persons -'^°f;,'j"'^ , 
 m possession; and if they do, the ordinary would reinstate wardens and 
 them; the possession has its weight, and the ordinary ana gives pre- 
 would give a person in possession ccBteris paribus, the ^*"^^°'^^- 
 preference over a mere stranger {d). 
 
 215. It being the clear law of this country that the use But no perma- 
 of pews belongs to the parishioners, and pews are allotted to "'^'^ "^ ' ' 
 them by the churchwardens subject to the control of the 
 ordinary, it follows that a seating of this kind by church- 
 wardens does not give a permanent and exclusive right 
 
 and is not like a faculty, because it is liable to alterations 
 as the circumstances of the parish may require (e). 
 
 216. It was also held, that though the faculty (with Possession 
 which the right had commenced) had expired, and though grantee oVe°x- 
 the party had no prescriptive title, yet so long as he lived P^^?'' faculty 
 and continued an inhabitant of the parish, ia his present parish. 
 
 or some other respectable house, he had personally such a 
 possessory right, as, except on very strong grounds of 
 paramount necessity arising from an urgent want of 
 accommodation for other persons, it would be improper to 
 disturb (_/). 
 
 217. But (apparently), lest it should breed a prescriptive Bat not to Ms 
 right, the court recommended, that if there were not very i\^^ house, 
 strong reasons to the contrary, the churchwardens should 
 
 not continue the pew to the occupier of the late faculty 
 holder's house {g). 
 
 218. Still the court will not go out of its way to confirm Court will not 
 
 possession, for this might be attended with injurious conse- possession to 
 them. 
 
 {d) Pettman v. Bridger, 1 Phill. p. 324. 
 (a) Parham v. Templar, 3 Phill. p. 528. 
 (/) Ibid. p. 733. 
 (i?) Ibid. p. 736. 
 
54 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. quences to the parish, and it would countenance the idea, 
 '■ which rather ought to be checked, that the pew is specially 
 
 appropriated to the house (A). 
 
 Court confirm- 219. Therefore in a suit for perturbation of seat, if it 
 
 ment need not appear that the churchwardens have acted properly in dis- 
 
 aciopt wardens' placing the plaintiff, the court will dismiss them ; but will 
 allotment. -, n i 
 
 not proceed to confirm the possessiom of the person seated 
 
 by them, as it does not form part of the question before 
 
 the court (A). 
 Possession iin- 220. A possessory right to a pew is sufficient to main- 
 ment. tain a seat against a mere disturber ; the fact of possession 
 
 implies either the actual or virtual authority of those 
 
 having power to place (?). 
 Six years in- 221. But six years' possession is not sufficient aojainst 
 
 sufficient t i / x 
 
 against dis- a mere disturber (A). 
 
 "^ ^'^' 222. And a possession of upwards of one hundred years 
 
 rishioners' was held not to give to the Society of Staples' Inn, which 
 
 possession for . , i • i j_-^i _,_ j_ • 
 
 100 years 1^ extra-parochiai, even a possessory title to certain pews 
 
 gives no right, i^ ^i^g church of St. Andrew, Holbom (/). 
 Twenty years 223. And where a person set up a possessory right in a 
 sufficient. pew that his grandfather had an estate and pew for twenty 
 
 years and that he succeeded to it, that right was held 
 good against a mere disturber (?w). 
 As against 224. On the one hand it was held that a suit against 
 
 rest on the churchwardens for perturbation of seat may rest on 
 
 acmikscence * possessory title, and acquiescence of former church- 
 and suitability, wardens, and on the fitness of the party, fi-om the number 
 of his family or amount of property, to occupy it; sup- 
 posing that the churchwardens have acted arbitrarily (n). 
 
 (/t) "Wyllie V. Mott & F., 1 -ffff.W- P- *!■ 
 
 (i) Pettman v. Bridger, 1 Phill. p. 321. 
 
 (/i) Walter i: Gunner & D., 1 Baffij. C. It. p. 323. 
 
 (0 Eyerloy v. Windus, 5 S. 4' C.p.l. 
 
 (m) 2 RoUe's Abr. p. 288. 
 
 in) Wyllie v. Mott & P., 1 Hasff. p. 40. 
 
a. ORDINARY SEATS. 55 
 
 225. And on the other hand that a bare possession can Cap. II. 
 never give a right of action for the disturbance of a pew, 
 
 because every parishioner has a right to go into the will not ground 
 
 church. If a person does not take the trouble to apply to '^V "'^''o" ^°^ 
 
 . . J. i ./ disturbance, 
 
 the ordinary for a faculty, or to the minister and church- 
 wardens to allot him a seat, he cannot maintain an action 
 against a wrong-doer. For if bare possession were 
 allowed to be a sufficient title, it would be an encourage- 
 ment to commit disorders in the church (o). 
 
 226. A person having permission from the church- Temporary 
 wardens to sit in a pew temporarily, and in order, by fnsufficie™ for 
 keeping possession for a future tenant, to carry into effect ^"^' ^'f . 
 
 . . •' perturbation 
 
 the conditions of sale of a house, to which the pew had 
 been attached for ninety-nine years under a faculty since 
 expired, was held to have no possession on which he could 
 bring a suit for perturbation against a mere intruder, such 
 permission being illegal, as confirming the sale of the 
 pew (p). 
 
 227. In one case it was said that a possessory right may Title even bv 
 be good as against a disturber, although the possessor suffic'e^^" ""°'^' 
 admitted his title to have been acquired by purchase (q). 
 
 228. And, on the contrary, it was said in another case other decision 
 that a title must not be pleaded as founded on purchase, *° **!<= <=°"''''^y- 
 hiring, and private bargain, all which are illegal and 
 
 void (?■). 
 
 229. But a possessory title to a seat in a church, acquu-ed Possession 
 by purchase from another individual twenty years pre- fnTtoVipose' 
 viously, is a sufficient ground for resisting the grant of a S^ant oi 
 
 •' ■ / \ o o faculty. 
 
 faculty to another claimant (s). 
 
 (o) Stocks V. Booth, 1 T. R. p. ■130. 
 (/)) Blake r. Usbome, 3 Bugg. p. 735. 
 (j) Wilkinson f. Moss, 2 Lee, p. 260. 
 (»•) Wyllie V. Mott & F., 1 Hagg. p. 37. 
 (s) Wilkinson v. Moss, 2 Lee, p. 259. 
 
56 
 
 BOOK II. LAW. — B. PARISH GIIURCHES. 
 
 CAP, II. 
 
 Use. 
 
 Burthen lies 
 on disturber to 
 prove his right. 
 
 Possessor dis- 
 turbed should 
 bring suit for 
 perturiation. 
 
 "Whether scats 
 to be kejit 
 vacant. 
 
 As to right of 
 clerg-yman's 
 family to a 
 seat. 
 
 Payment gives 
 no title to 
 pews. 
 
 230. The burthen of proof lies upon the disturber to 
 show that he has been placed in the pew by the actual or 
 virtual authority of those having power so to place : or he 
 must justify his disturbance by showing a paramount 
 right — that is, a right paramount to the ordinary himself, 
 as in the case of a faculty by which the ordinary has 
 parted with the right (t) ; or a prescription and such 
 unmemorial usage as presumes the grant of a faculty. 
 
 231. A person in asserting his right to a seat should 
 not endeavour to gain possession of the pew by forcible 
 means, as, for instance, by vsTenching off the lock, but he 
 ought to sue the occupier for a " -perturb ation" {u). 
 
 232. Doubts have been often entertained whether in 
 the event of any persons to whom seats are allotted by the 
 churchwardens, not being jpresent and occupying them at 
 the beginning or at any specified part of divine service, 
 the seats can be made available for other persons during 
 that, or the remainder of that service ; but the question 
 seems never to have been tried. 
 
 233. It was said by the court that where the clergyman 
 is in possession of sittings for his family in an ancient 
 parish church, he appears to have such a possessory title, 
 that neither the vestry nor any individual can molest or 
 disturb him {x). But it is by no means obvious upon 
 what authorities or reason this dictum is based. 
 
 234. Payment in any form gives no right : as pews in 
 a parish church are not the subjects of private property, 
 no possessory right can be founded on purchase, luring, 
 or private bargain; as by the established principles of 
 law, no title to pews can rest on any such foundation (y). 
 
 {t) Pettman v. Bridgcr, 1 PMll. p. 324. 
 (;f) Woollocombe v. Ouldridge, 3 Add. p. 3. 
 (k) Spry V. Flood, 2 Curt. p. 359. 
 iy) Wyllie v. Mott & F., 1 Hagg. p. 37. 
 
a. ORDINARY SEATS. 57 
 
 235. Neither the parishioners by their consent, nor the Cap. II. 
 
 ordinary, nor any power but the legislature, can deprive '■ 
 
 the inhabitants of their general right ; and such acts as Pe^-re"'s are 
 
 o o ' contrary to law. 
 
 demanding money for pews are contrary to the law of the 
 land (z). 
 
 236. It is clearly the law that a parishioner has a right Pews cannot be 
 , i -ji , T . . •! 1 • 1 treated like 
 
 to a seat without payment; and it is a wild conceit that villas. 
 
 there can be such use made of pews as of villas, or other 
 common property (a). 
 
 237. The practice of letting pews, and applying the Letting pews 
 rent to ease the parish rate, or indeed for any other less bended by' the 
 specious pretence, is a practice which has been constantly '^°"'^''- 
 reprehended by the ecclesiastical courts as often as it has 
 
 been set up (5). 
 
 238. It is clear that the practice under the sanction of Practice, under 
 a vestry, of letting and selling of pews would be illegal vestrj-, is 
 and null, however much custom, in contravention of the ^ ^^* ' 
 
 law, may have prevailed in the parish. An act of par- 
 liament alone can render such a sale legal (c). 
 
 239. Where the churchwardens and vicar, in order to Assignment 
 pay the expenses of new pews, had assigned pews to by vicar and 
 certain persons, their heirs, executors, &c., for sums fcrs'^o iiKhts 
 specified, the court held this to be illegal, and that the 
 churchwardens might seat the parishioners ia those pews 
 
 as if no such order had been made {d). 
 
 (z) Astley v. Biddle, 1 JTagg. C. R. p. 318, n. 
 
 (o) Walter v. Gunner & D., 1 Hagg. C. R. pp. 317 & 319. 
 
 (5) Walter v. Gunner & D., 1 Bagg. C. R. p. 318; Wyllie e.Mott & F., 
 1 Hagg. p. 33. 
 
 (c) Craig ■«. Watson, unpub.: citing Stevens v. Woodhouse, 1 Hagg. 
 C. R. p. 318 in notis; and Walter v. Gunner & D., reported Ibid.; and 
 Wyllie V. Mott & F., 1 Hagg. p. 37. 
 
 ((Z) Fuller v. Lane, 2 Add. p. 427; Churcliw. of Kensington r. Trier 
 Consist. 1721, cited 1 Hagg. C. R. p. 318, n. ; Stevens v. Woodhouse, 
 Arches, 1792, cited Ibid. 
 
58 
 
 BOOK II. LAW. — B. PAIIISH CHURCHES. 
 
 Cap. II. 
 Use. 
 
 Gives no power 
 of sale. 
 
 Coui't cannot 
 inquire into 
 terms between 
 parishioners 
 and contri- 
 butor. 
 
 Custom to sell 
 is illegal. 
 
 Wardens 
 directed not to 
 sell the scats. 
 
 Thongh the 
 payment be 
 altogether 
 illegal, 
 
 240. A vestry granted for lOl. a pew to a man and his 
 assigns, appropriated to sucli house as he should build. 
 He assigned to another, who applied for a faculty. The 
 court disallowed the applicant's claim to a pew, and ordered 
 him to be placed in the common part of the church (e). 
 
 241. The court has no authority to institute or control 
 any inquiry as to what private understanding may have 
 been come to between the parishioners and a contributor 
 to the enlargement of a church ; or whether the condi- 
 tions have been mutually fulfilled or not, or what relation 
 his subscription may bear to the other subscriptions (/). 
 
 242. In a suit of perturbation, where the party pleaded 
 purchase and the custom of the parish, the court rejected 
 the libel and held the custom illegal (y). 
 
 243. A parishioner resident for forty years, and oc- 
 cupant of a pew during the same time, was required by 
 the churchwardens to pay a rent for it, alleging such to 
 be the custom ; and on his reflisal, one of them placed 
 another person with him in the seat. A suit for " pertur- 
 bation of seat" was brought against this churchwarden, 
 and the court thought he had made an improper use of 
 his authority, and directed the churchwardens should not 
 sell the seats (/«). 
 
 244. In a libel for perturbation of seat, an article 
 alleged that on the building of a gallery the church- 
 wardens and vestry had sold the seats, and that the pews 
 in question had been purchased and paid for nearly 
 twenty years before. The court held that this was alleg- 
 ing what from beginning to end Avas an illegal transaction, 
 
 (e) Harford «. Jones, Consist. 1721, cited in 1 Hogg. C. R, p. 318, n. 
 (/) Craig V. Watson, unpub. 
 
 (/7) Hole V, Bumet, Consist. 1740, cited 1 Hagg. C. R. p. 318, n. 
 (/t) Astley V. Biddle & R., cited 3 Phill. p. .'517, and 1 Hagg. C. R. 
 p. 318, n. 
 
a. ORDINARY SEATS. 59 
 
 and could furnish no ground of title ; the money paid Cap. II. 
 could only be considered as voluntary contributions and 
 
 subscriptions towards the building. It may be a reason it may infla- 
 m the discretion of the churchwardens for seating these discretion and 
 persons, and such seating may give a possessory right eessoi^'tit^r' 
 sufficient against a mere disturber ; but if the court were 
 to admit the pleading it would lend a countenance to a 
 proceeding contrary to law (z). 
 
 245. Such sale and purchase do not improve, they But operates 
 rather operate against the claim ; because, if a party seeks "^f'^f • 
 
 to found his title on an illegal origin, it goes far to justify as against the 
 
 i_ • 1 / 7 \ ' wardens. 
 
 his remov^al (/t). 
 
 246. It is now distinctly held that the churchwardens Wardens may 
 may remoye persons, originally placed in seats, or their tut Mt^^'^'*^'"'^ 
 descendants ; but if they do so capriciously, or without capriciously, 
 just ground, the ordinary will control and correct them (I). 
 
 247. If the churchwardens interfere to take away a Nor especially 
 seat, and, a fortiori, to take it to themselves, the ordinary jfdvanta^o "'^^ 
 will interfere, as by a suit of perturbation of seat, although 
 
 it were not originally meant for that pm-pose (m). 
 
 248. In many churches their power over seats is never g^^ji power is 
 exercised by the churchwardens, and particular houses o^^t^nnot 
 
 _ . "^ '■ exercised. 
 
 and families are allowed to have permanent pews (h). 
 
 249. In such cases the power of removal is not to be And only in 
 exercised, except in a case of strong necessity; but such sl^y for"^'^'^^' 
 power, in order to provide for the convenient attendance convenience of 
 of the other parishioners upon Divine Service, ought not 
 
 to be taken away from the chiu'cliwardens (o). 
 
 (t) Wyllie V. Mott & F., 3 Pliill. 523. 
 
 (70 Wyllie d. Mott & 1<\, 1 Hagg. p. 30. 
 
 il) Parham v. Templar, 3 Phill. p. 523. 
 
 (m) Drnry v. Harrison, cited in Parham v. Templar, 3 Phill. p. 616. 
 
 (ra) Morgan v. Curtis, 3 M. ^- Ry, p. 334. 
 
 (o) Wyllie v. Mott & F., 1 mujij. p. il. 
 
60 BOOK II. LAW. — B. PARISH CIIUKCHES. 
 
 Cap. II. 250. Although it was the opinion of Lord Stowell that 
 
 ^^'^- the churchwardens of their own authority could not inter- 
 
 f^om ae """^^ ^'^^^ ^^^^ ^ possessory right, without reference to the 
 
 necessity of Ordinary, yet Dr. Lushington, in a subsequent case, 
 
 times. alluding to this opinion, said, that perhaps, later cases 
 
 may have extended their power, and the necessity of the 
 
 times may have allowed a different practice to grow up, 
 
 and it may be competent to them to act without any 
 
 authority of the ordinary previously conferred (r). 
 
 And as a pro- 251. In fact, it seems desh'able that the occupancy of 
 
 the'^mvth'of pews should be altered from time to time, according to 
 
 T^ht"^'^^^ circumstances, as the best provision against the birth and 
 
 growth of those prescriptive rights to pews, as in certain 
 
 families, or annexed to certain messuages, the existence 
 
 of which is so injm-ious to the general interests of the 
 
 parishioners («). 
 
 Practice of 252. By habit, it no doubt becomes a matter of feeling 
 
 Beatedto"-ether. with many to perform their religious duties by the sides 
 
 of their wives and families, and, in some respects, it is a 
 
 matter of practical benefit, so far as may be, to indulge 
 
 this feeling. Parents in that case are more attentive, as 
 
 setting an example to their children, who are likely to be, 
 
 and, undoubtedly, in many instances are, benefited by 
 
 that example. As a matter, therefore, both of feeling and 
 
 practical advantage, families should be seated together in 
 
 church, where this can be done (f). 
 
 To avoid 253. Thus, if the population be increasing, and the 
 
 fere'tV T s '^^'^rch room already insufficient, and there be a pew 
 
 capable of accommodating seven or eight persons, and 
 
 the family using it be reduced to one or two, it may be 
 
 (»•) Spi7 V. Flood, 2 Curt. p. 357. 
 («) Fuller V. Lane, 2 Add. p. i38. 
 
 l^:^ Tliiil n A.RI 
 
 (t) Ibid. p. 43i 
 
». ORDINARY SEATS. 6 1 
 
 proper, either to remove such family altogether, or, at Cap. II. 
 least, to seat some other persons in the same pew (w). '■ 
 
 254. In a case decided in 1793, when it was suggested Formerly held 
 that the churchwardens might put different families into families should 
 the same pew, as the pews were not appropriated by any "°' ^^ P"* ™ 
 faculty from the ordinary, and that these pews would 
 
 afford more sittings, the court held, that there was nothing 
 so extravagant in an addition which it had been proposed 
 to make to the church, as to induce the court to adopt in 
 preference to such addition a proposal to place individuals 
 of different families into the same pews, which might 
 produce contention and inconvenience (x). 
 
 255. But in 1832 it was decided that, if there was not But now 
 any one large family of long standing and respectable 
 station in the parish who wanted such a pew as that in 
 question, the churchwardens might place in it two or 
 
 three families, giving them sittings in proportion to their 
 numbers ; for in a dense and increasing population a pew 
 may be allotted in portions and sittings, if the exigency of 
 the parish renders such an exercise of discretion expedient 
 and proper (y). 
 
 256. And without any interference on the part of the Possessory 
 
 T T T . ■ 1 , f. right ceases on 
 
 churchwardens any temporary possessoiy right ceases oi abandonment 
 
 itself under certain circumstances. Thus, there can be no °'" °" l^^mg 
 
 the parish. 
 
 doubt that a mere possessory right ceases when the use 
 and occupation cease {z); and when a man quits the 
 parish, his right to use a seat is at an end, because he has 
 ceased to be a parishioner (a), and therefore if he per- 
 
 00 Wyllie V. Mott & F., 1 i^ai/ff. p. 41. 
 («) Groves v. Rect. of Hornsey, 1 Haffff. C. R. p. 194. 
 {y) Blake «. Usborne, 3 Hagg. p. 734. 
 («) Woollocomhe ». Ouldridge, 3 Add. p. 7. 
 
 (a) Byerley v. Windus, & B. 4- C. p. 18; Fnller v. Lane, 2 Add. p. 427; 
 Parham v. Templar, 3 PUll. p. 523. 
 
62 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. 
 Use. 
 
 Pew then re- 
 verts to parish. 
 
 Custom for 
 owners of 
 houses to let 
 appurtenant 
 pews is illegal. 
 
 Otherwise it 
 would become 
 an annexation. 
 
 All previous 
 right ceases. 
 
 Li.ihle to 
 defeazance hy 
 the ordinary 
 at any time. 
 
 It ceases by a 
 quasi abandon- 
 ment. 
 
 severes and sits there in spite of the churchwardens, he is 
 an intruder. 
 
 257. The occupier of a pew, ceasing to be an inhabitant 
 of the parish, cannot let the pew with, and thus annex it 
 to his house, but it reverts to the disposal of the church- 
 wardens (6). 
 
 258. A custom was pleaded that pews are appurtenant 
 to certain houses, and are let by the owners to persons 
 who are not inhabitants of the parish ; it is evidently 
 illegal and cannot be supported (c). 
 
 259. If a person letting his house from year to year 
 were permitted to transfer the possession of a pew to each 
 succeeding tenant, this would amount in effect to an 
 annexation (d). 
 
 260. And if such persons return to the parish and take 
 possession of the pew, as a matter of right, they are mere 
 intruders, and the churchwardens may remove them (e). 
 
 261. Such a possessory right was originally liable to 
 defeazance by the ordinary, and by the churchwardens, as 
 officers of the ordinary, even during the claimant's con- 
 tinuance in the parish. And it ceased and determined 
 ipso facto, upon his ceasing to be a parishioner, and the 
 pew reverted to the parish at large, and became as liable 
 as any other pew in the church to the disposal of the 
 ordinary, and of the churchwardens, as his officers {/). 
 
 262. Where a person 'who had sat in a pew for many 
 years, was dispossessed of her sittings by another person, 
 she withdrew from the pew altogether, and sat in a differ- 
 
 (J) Wyllie V. Mott & P., 1 Ila/;;/. p. 39. 
 (e) Walter r. Gunner & D., 1 Htiffg. C. B. p. 317. 
 id) "Wyllie v. Mott & F., 1 Hagg. p. 40. 
 
 (e) Parham v. Templar, 3 Phill. p. 524; Byerley v. Windus, 5 B. <$• C. 
 p. 18. 
 
 (/) Fuller V. Lane, 2 Add. p. 424. 
 
a. ORDINARY SEATS. 63 
 
 ent part of the church ; although she all along dissented^ Cap. II. 
 yet she did not enter any formal protest, or institute any ^^' 
 
 formal complaint for a year, when, upon her application Possessory 
 for sittings elseAvhere being refused by the chmxhwardens, by a qna«i 
 she asserted her right to the pew in question. But it was "-bandonment. 
 held that her possessory right to the sittings had been lost 
 by this quasi abandonment {g). 
 
 263. If a person having possession of a pew obtains the Determined by 
 grant of a faculty for one elsewhere, his previous right faculty for 
 
 is thereby determined. another seat. 
 
 264. So when a person is indulged with a gallery, the Or a gallery. 
 parish ought to compel him to exchange his own pew for 
 
 that accommodation. For he ought to be required either 
 to go back to his own proper pew, or give it up to the 
 parish (A). 
 
 265. And under the Church Building Act of 1856, On ohtaining 
 where a resident within any new parish or district formed chureh of new 
 under the pro-sdsions of the Acts of 1845 and 1844, has f.'j^'t''' °"^''" 
 claimed and had allotted to him sittings in the chiirch of 
 
 such new parish, he thereby surrenders an equal rmmber 
 of sittings in the original parish church which he may 
 have possessed under any other title than faculty or act of 
 parliament (i). 
 
 266. The court woidd be unwilling to give currency to ParishionerBas 
 
 . . ,1 , . T . T • , . no right to 
 
 an opmion that a pansmoner, when a pew is vacant, is take possession 
 justified in stepping into and occupying it {i. e. perma- °^ ° vacant 
 nently) without legal authority. The successor of persons 
 so acting ought not, therefore, to be continued in the pew, 
 though he ought to be properly seated (A). 
 
 267. And as the churchwardens have a right to exercise Wardens 
 
 a reasonable discretion in directing where the congregation traders and 
 
 (j) Woollocombe v. Ouldridge, 3 Add. p. 3. 
 
 (A) Walter ii. Gunner & D., 1 Bagg. C. B. p. 319. 
 
 (i) 19 & 20 Vict. c. 104, s. 5. 
 
 (7<) Blake v. TJsborne, 3 Ilagg. p. 736. 
 
64 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 CAP. II. 
 
 Use. 
 
 use neccssaiy 
 force. 
 
 May be con- 
 demned in 
 damages for 
 trespass, if 
 guilty of 
 umiecessai-y 
 force. 
 
 Person may be 
 removed out of 
 church if likely 
 to interrni^t 
 the service. 
 
 shall sit, they may remove persons intruding into seats 
 already appropriated. But they must use no unnecessary 
 force and be able to effect the removal without publi3 
 scandal, or disturbance of divine service (l). 
 
 268. A. claimed a right to sit in a particular pew in his 
 parish church, in respect of a house and farm which he 
 occupied there. B., another inhabitant, also claimed an 
 exclusive right to the same pew for himself and family. 
 The churchwardens had been appealed to on various 
 occasions, and had given notice to A. that the pew 
 belonged to the B. family. The churcliwardens, on being 
 appHedtoby B., went to the pew and desired A. to quit it, 
 which he refused to do, iipon which one of the church- 
 wardens laid his hand on him, with a view to force him out, 
 upon which A. rose and walked away. The congregation 
 were assembling, but the clergyman had not entered the 
 church. A. brought an action of trespass, for an assault 
 and battery against this churchwarden ; and the jury, think- 
 ing that some unnecessary force had been used, though the 
 eviderfce on that subject was contradictory, found a verdict 
 for the plaintiff, with 51. damages {in). 
 
 269. A parish clerk having been dismissed from his 
 office by the rector, though irregularly, and another 
 appointed, the former entered the church before divine 
 service had commenced, and took possession of the clerk's 
 desk by climbing into it from an adjoining pew. It was 
 held by the Court of Exchequer that the churchwardens 
 were justified in removing him from the clerk's desk, and 
 also out of the church, if they had reasonable ground for 
 believing that he would offer interruption during the cele- 
 bration of divine service («). 
 
 (l) Reynolds v. Monkton, 2 j»/. of Hob. p. 385. 
 
 (to) Ibid. p. 384. 
 
 {n) Burton r. Ilenson, 10 M. <?• W. p. 105. 
 
( 65 ) 
 
 PART B. 
 
 PARISH CHURCHES AND CHAPELS OF EASE. 
 
 DIVISION h. 
 
 RECTORS SEAT. b. Rectoe's 
 
 Seat. 
 
 270. The rector is entitled to the chief seat in the Rector has 
 chancel (a\ "f^^ ^?«' ™ 
 
 ^ ' chancel. 
 
 271. The distinction in the appropriation of the nave Nave for 
 and aisles to the congregation, and the chancel for the for cle'rgy.^"'^^ 
 celebration of divine service, is very apparent. The pa- 
 rishioners generally are permitted to use the chancel at 
 specified periods and for a specified purpose. The rector 
 
 or incumbent has, fi:om the earliest period, had his special 
 place there. 
 
 272. This fact is sufficient to account for his right to Rector repairs 
 the chief seat in the chancel. But, besides this, he has a '^ ^^'^^ ' 
 fiirther and independent claim in respect to his keeping 
 
 the chancel in repair, as he is bound to do (b). 
 
 273. On the former ground the vicar had the right of Vicar also has 
 sitting there before the Reformation, and consequently chancel, 
 must retain this right stUl, unless it appear that he has 
 
 quitted it (c). 
 
 274. As a vicar is one who is substituted for the rector Also per- 
 
 to serve the church (the tithes being in the hands of a ^^ ^ °™^ ^' 
 
 (a) Hall V. Ellis, Noy, p. 133 (pub. 1656); ClifEord v. Weeks, I S. ^ 
 A. p. 506. 
 
 (>) Hall V. Ellis, Noy, p. 133. 
 
 (c) Bnrn's Eccl. Lam, Eraser's (7th) ed., 1, p. 363; Johns, p. £69. 
 
 H. VOL. n. F 
 
66 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 b. Rector's 
 
 Seat. 
 
 But that has 
 been ques- 
 tioned. 
 
 Doubt seems 
 limited to his 
 family. 
 
 Incumbent's 
 right can 
 scarcely be 
 doubted. 
 
 Lay impro- 
 priator has 
 rector's right, 
 unless other- 
 wise by pre- 
 scription. 
 
 Doubt as to 
 action for 
 disturbance. 
 
 lay rector), so a perpetual curate stands in the vicar's 
 place {d). 
 
 275. But it has been doubted whetlier a perpetual curate 
 has a right to a seat in the chancel ; for perpetual curates 
 were formerly mere stipendiary curates, and had no vested 
 rights tiE long after the time of legal memory (e). 
 
 276. These observations as to the rights of perpetual 
 curates were made only ex majori cautela, and not as 
 giving any opinion as to what these rights were (jf ), and 
 appear to apply rather to seats for the clergyman's family 
 than for his own use. 
 
 277. In fact, one would think it scarcely open to doubt 
 that the incumbent of the church, whether he be styled 
 rector, vicar or perpetual curate, must possess such a right, 
 in order to enable him to perform the most important and 
 essential part of his duties in the celebration of divine 
 service : it is not reasonable to suppose that the seat would 
 be possessed by him for occupation simply as one of the 
 congregation, or that it could be recognized as permissible 
 for him to look on while some one else performs his highest 
 function and duty. 
 
 278. A lay impropriator, it is said, has the right which 
 a rector would have had, to the chief seat in the chancel {g), 
 and joer consequens, his farmer ; but by prescription another 
 parishioner may have it(7i). 
 
 279. It has been doubted whether an action at common 
 law cannot be maintained for a disturbance of a seat in the 
 chancel, as it may be the freehold of an individual (i). 
 
 {d) Doe d. Richardson v. Thomas, ^ A. ^ JE. pp. 571, E73. 
 (e) Spry v. Flood, 2 Curt. p. 358. 
 (/) Ibid. p. 360. 
 
 (^) AylifEe's Parer. p. 486 j Gibson's Co. p. 222 ; 1 Bum's Eccl. Law, 
 p. 363. 
 
 (70 Hall V. Ellis, Noy, p. 133. 
 
 (i) Mainwaring v. Giles, 5 B. ^ A. p. 361. 
 
b. eectoe's seat. 67 
 
 280. A rule has grown up, and is adopted in the Church !>■ Rbctoe's 
 
 Building Acts, that the rector's family are also entitled to ^— 
 
 a pew in the chancel. And, it is said, that where the entitled under 
 parson repairs, the vicar claims the right on behalf of his gniS^'^Acts 
 family, as well as the right to give leave to bury there and 
 
 receive a fee for his permission (A). It is difficult to 
 understand on what ground such a custom, for the incum- 
 bent's family to possess a pew in the chancel, can be 
 founded. History shows, positively, that it did not exist 
 at any early period. 
 
 281. As regards the family of a perpetual curate it was Whether the 
 held, that there was great difficulty in assenting to the perpetual 
 proposition that they have a common-law right to sittings g^^jg^jg 
 in the church. A perpetual curate may be a mere stipen- doubtful, 
 diary curate, the impropriation being in utroque jure, for 
 
 the monasteries had cure of soxils, and performed the duties 
 of the church by stipendiary curates ; and since the sup- 
 pression of these monasteries, the impropriator might have 
 the complete incumbency (Z). It was not till a.d. 1756 
 that Lord Hardwicke interfered to protect the rights of 
 the curates; but these were not common-law rights; so 
 that if it be meant that a curate is to be protected in his 
 title and sittings for his family by common-law right, as 
 having existed from the time of Richard I., the court 
 would have great difficulty in assenting to such a doc- 
 trine (wz). 
 
 (/i) Johnson's CI. Va. me., p. 269 j followed by 1 Bum, p. 363. 
 (V) Duke of Portland ii. Bingham, 1 Hagg. C. R. p. 157. 
 («i) Spry V. Plood, 2 Curt. p. 358. 
 
 r 2 
 
68 
 
 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 PART B. 
 
 PARISH CHURCHES AND CHAPELS OF EASE. 
 
 DIVISION c. 
 PRIVATE SEATS. 
 
 Cap. I. 
 Faculty. 
 
 The grant of 
 faculty. 
 
 Faculties are 
 public or 
 private. 
 
 Public facul- 
 ties. 
 
 Private facul- 
 ties. 
 
 CHAPTER I. 
 
 FACULTY, 
 a 282. A FACtTLTYor Kcence is a grant made by the consis- 
 tory court of the bishop, held before his chancellor, com- 
 missary, or vicar general, for all ecclesiastical causes within 
 his diocese (a). 
 
 283. Faculties appear to be of two descriptions : — 
 1st. Those which are public in their nature, and have 
 for their object the benefit of the parishioners generally. 
 2ndly. Those which are private, and are for the exclusive 
 benefit or convenience of an individual (5). 
 
 284. Of the first sort are faculties for pewing a church, 
 erecting a gallery or organ, making a church path, building 
 a vestry-room and the like(&). Also for repairing, or en- 
 larging, or rebuilding a church. 
 
 285. Of the second sort are those which are granted to 
 secure to some individual or family the exclusive use of 
 a pew or vault, or to give permission for the erection 
 of a monument or tablet, the removal of a corpse to 
 another place of burial, or for privileges of a similar 
 sort (5). 
 
 (a) Comyn's Dig. " Courts," N. 6. 
 (J) Rogers' Ecol. La-m, p. 433. 
 
c. PKIVATE SEATS. 69 
 
 286. Different considerations affect a grant for tlie pur- Cap. I. 
 pose of building an aisle to those which must be considered 
 
 in respect to a grant of a seat elsewhere (c). In the one affecting grunt 
 case the parishioners' normal right to the use of the church °Q^^g5^%ff°'^ 
 in common is not affected; there is an addition to the ferenttoone 
 
 TOT* flPfl^ pl ^P» 
 
 church by which no one is damnified, and some little where. 
 additional room is gained by the removal of the family 
 which builds the aisle. In the other case a benefit is 
 purported to be granted to one parishioner to the exclu- 
 sion, and so far to the injury of the others ; a point which 
 merits much consideration. 
 
 287. As regards a faculty for an aisle, no doubt has Unquestion- 
 been suggested that the bishop has fiill power, and should gran"^ctdty 
 any gentleman, having a house in the parish, build a new *° ''"il'i.an'i 
 
 •' o ' o r ' appropnate an 
 
 aisle with the consent of the clergyman, patron, and ordi- aisle. 
 nary, and have a faculty firom the bishop to hold the same 
 to the use of him and his family, to bury their dead in the 
 aisle, and also to sit there for hearing divine service, on 
 condition constantly to repair it, this faculty would give 
 him a good title to the aisle {d). But there is a wide 
 difference between seats in the body of the church and 
 those in a minor chancel or chapel (e). 
 
 288. In the event of abandonment of his rights by the On abandon- 
 
 n Aiii roent of faculty 
 
 holder of a faculty, the seats would naturally revert to tne rights, seats 
 
 disposal of the churchwardens and ordinary. parish. 
 
 289. As regards a faculty of the second description the Donbt as to 
 doubt which has been suggested as to the right or duty of |^^^^ng 
 
 the bishop to allot seats to some individuals in preference f^jn^^of* other 
 to the rest in building admittedly for the use of the pa- parishioners, 
 rishioners in common, applies with double force to a more 
 permanent appropriation by faculty. 
 
 (c) Fuller v. Lane, 2 Add. p. 427. 
 
 ((Z) Prid. p. 299. 
 
 (e) Chapman r. Jones, L. S., i Ex. p. 281. 
 
70 
 
 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 CAP. I. 
 Faculty. 
 
 It requires 
 cession of 
 their rights. 
 
 And then some 
 consideration 
 is necessary; 
 but none given. 
 
 And parish- 
 ioners cannot 
 be hj any one 
 deprived of 
 their rights. 
 
 Appropriation 
 to individuals 
 seems un- 
 reasonable. 
 
 290. It would seem that in order to a valid grant of a 
 seat to an individual (for it is in the nature of a grant rather 
 than a licence) the rights of the other parishioners must be 
 ceded. The churchwardens consented to the grant, in 
 some of the early cases, but it could scarcely be contended 
 that in virtue of their office they had authority to cede the 
 rights of the whole parish for a time, and still less for a 
 permanence; and clearly the ordinary could have no iu'- 
 herent authority to cede the rights of the parishioners. 
 
 291. Nor could the rights be ceded, except for a con- 
 sideration, and none is suggested. It cannot be the 
 building of the pew, for that is no consideration received 
 by the parish, but merely an act for the individual's own 
 benefit ; nor repairs, for they are a subsequent act, and 
 only for the same object. Nor residence, for that exists 
 equally before and after the application for the faculty. 
 Nor can it be a pecimiary consideration ; for even where, 
 as in the case of contribution towards the erection of a 
 gallery, money is paid, it is not as a consideration for a 
 faculty, but as a donation towards the building. 
 
 292. Turther, it is held that neither the parishioners by 
 consent, nor the ordinary, nor any power but the legisla- 
 ture (which can overrule aU previously existing law) can 
 deprive the inhabitants of a parish of their general right ; 
 and attempts to do so would be contrary to the law of the 
 land (A). 
 
 293. On the other hand, an appropriation to a family 
 seems contrary to reason, for if the ordinary may appro- 
 priate one seat to a house, he by the same reason may 
 appropriate all the seats in the church to several houses, 
 and so no room would be left for the other inhabitants (z) 
 who have equal rights to the use of the church. 
 
 (/t) Steevens v. Woodhonse & B., I Haffg. C. M. p. 318, n. 
 (i) Watson, p. 385. 
 
c. PRIVATE SEATS. 71 
 
 294. "Watson especially doubts whether the ordinary cap. I. 
 can make a grant to bind posterity, as he cannot make a Faculty. 
 
 grant to a house (A)— persons only, and not things, being ^ S^ants^to^ 
 capable of grants (Z). For it was said by Lord Coke, that a ^o^asa. 
 ia the body of the church a pew cannot belong to a 
 house {rn). 
 
 295. If it be said that the grant may be good to the To successive 
 present possessor of a house, and to the persons who ia house appears 
 after time shall be possessors of such house, as a privilege in^easonable. 
 annexed to that house ; yet such a grant appears as un- 
 reasonable as if it had been made to a person and his 
 
 heirs (w). 
 
 296. For if by the ordinary's grant, it may belong to a And as incon- 
 house, it must belong to the owners of the house, and a man and 
 must go with the house to a person and his heirs ; and so ^®"^^- 
 
 a grant to the present and future possessors of a house, 
 and to a man and his heirs, will have the same inconve- 
 nience (w). 
 
 297. For the owner of a house may remove into another House may be 
 parish, and have no tenant, and yet retain the seat, if it 
 
 may by such grant belong to a house in). 
 
 298. It became, however, the practice of the ordinaries it became the 
 through their courts to grant such faculties, and their withont'ques- 
 right to do so has not been questioned at law; and we ^^°°" 
 proceed with the points which have been determined 
 respecting them. It will appear that many such grants 
 
 were void ab initio, and others partially void. 
 
 299. There does not appear any instance in modern No modem an- 
 times of an annexation of a pew by faculty to a house or houses. 
 
 (A) Watson, p. 392. 
 (0 Haynes' Case, 12 Cohe, p. 113. 
 (m.) 1 BroTVn. <5' Gold. p. +5. 
 In) Watson, p. 385. 
 
72 BOOK II. LAW. — B. PAKISH CHURCHES. 
 
 Cap. I. messuage (g) ; and a faculty of this description (obtained 
 
 . L- by surprise) was revoked (r). 
 
 Though 300. And yet such, an annexation would seem ia certain 
 
 essential to a cases to be essential to the YaUdity of the appropriation by 
 seat"''^ ^""^ faculty. Recently it was held in the Arches Court, that 
 a faculty empowering certain parishioners to set up a 
 gaUery at the west end of a church, with seats for them- 
 selves, and their families, but not assigning a seat to any 
 particular house, is bad (s) ; so far, at least, as to the grant 
 of any exclusive rights. 
 If annexed 301. If by faculty a pew be annexed to a messuage, 
 
 ho^eT it ™^y ^6 transferred with the messuage to another 
 
 person (t). 
 Landlord 302. And if a seat be appurtenant to a house, the 
 
 tenant from^^^'^ OAvner of the fee cannot restrain his tenant from the use of 
 its use. £^^ because the seat is for the benefit of the house ; namely, 
 
 for the inhabitants of the house, and not for the benefit of 
 the owner, if he cease to inhabit it (m). 
 Nor retain it 303. Thus, where a person let his house and lived out 
 to himself , nor ^f ^^^ parish, but covenanted with his tenant that he 
 should not occupy the pew, in order that it might be let 
 to others, this was held to be clearly illegal ; for if a pew 
 is rightly appurtenant, the occupancy of it must pass with 
 the house, and individuals cannot, by contract between 
 themselves, defeat the general right of the parish (x). 
 
 Appropriation 304. It is also very proper that the faculty should not 
 to families 
 
 (q) Butt V. Jones, 2 Sage/, p. 423 (A.D. 1829). 
 
 (r) Ibid. p. 426. 
 
 (s) Craig v. "Watson, nnpub., citing Chapman v. Jones, 4 Bx. p. 280, as 
 confirming the existing law on this subject. 
 
 (<) Stocks V. Booth, 1 T. R. p. 431; Wyllie v. Mott Ss P., 1 Hagg. 
 p. 39. 
 
 (?«) Byerley t. Windas, 5 B. ^- C. p. 19j Fuller v. Lane, 2 Add. p. 428. 
 
 (a!) Walter v. Gunner & D., 1 Sagg. C. R. p. 319. 
 
c. PRIVATE SEATS. 73 
 
 appropriate the seats to the messuages, but rather to Cap. I. 
 
 / ... •■,,., ■ 1 / X Facttltt. 
 
 lamilies resident m the parish (7/). 
 
 305. Great inconTenience has been found to arise from houses, 
 pews having been so annexed ; for the houses become Great incon- 
 dilapidated ; the inhabitants of them fail in their circum- caused by 
 stances ; new houses are erected, and the occupiers of them annexing to 
 want pews (y). 
 
 306. The right to sit in a pew maybe apportioned; Pew under 
 
 and, therefore, where by a faculty a pew was granted to a tlon'able*^^"'^' 
 
 man and his family for ever and the owners and occupiers apong?* ?C5°- 
 •' _ ^ piers or diTided 
 
 of his dwelling-house, and the dwelling-house was after- house, 
 wards divided into two ; it was held, that the occupier of 
 one of the two (constituting a very small part of the 
 original messuage) had some right to the pew; and, in 
 virtue thereof, might maintain an action against a wrong- 
 doer {z). It may be presumed that in case of a part of Whether then 
 the pew being abandoned, the right to such part would not tenancy''""^'' 
 survive to the owner of the other part ; their tenure would 
 be more in the nature of tenants in common than of 
 joint tenants. 
 
 307. No title can be good, either upon prescription or Faculty to a 
 
 , T_ r ■ij_ n jt t . man and his 
 
 upon any new grant by a faculty from the ordinary, to a heirs is bad. 
 
 man and his heirs ; for the pew must always be supposed 
 
 to be held in respect of the house, and wUl, therefore, go 
 
 with it to each successive inhabitant (a) ; otherwise when 
 
 the person goes to dwell in another place, yet he should 
 
 retain the seat, which is not in reason (5). 
 
 308. The reason a faculty to a man and his heirs is They may re- 
 bad, is, that as a seat in a church does not belong to the parish" ° * 
 
 (y) Tattersall v. Knight, 1 Phill. p. 237. 
 («) Harris v. Drewe, 2 B. Sj- Adol. p. 164. 
 
 (a) 12 CoJte, p. 106; 1 Bum, p. 360; Stocks v. Booth, 1 T. E. p. 432; 
 Walter v. Gunner & Drury, 1 Magg. C, R. p. 319; Han-is v. Wiseman, 
 Winch, p. 19. 
 (5) Brabin v. Tradum, PopTi. p. 140; Gibson's Co. p. 221. 
 
74 
 
 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 Cap. I. 
 
 rACULTT. 
 
 Bad -where 
 house no 
 longer exists. 
 
 Cannot belong 
 to land. 
 
 Nor to non- 
 parishioner. 
 
 Nor to house 
 out of the 
 parish. 
 
 Nor to extra- 
 parochial 
 persona. 
 
 person, but to the house, a man's heirs may reside out of 
 the parish, and it would be an unjust usurpation from the pa- 
 rishioners to retain such a privilege for the use of others {d), 
 as the right to a seat, whether the man and his heirs con- 
 tinue resident or not (e). 
 
 309. In the case of pews claimed as appurtenant to a 
 messuage which the claimant had purchased, but which 
 messuage is no longer in existence, such claim is bad (/). 
 
 310. Nor can a seat be claimed, either by faculty or 
 prescription, as appurtenant to land, because it is in respect 
 to inhabitancy that it is to be used {g) ; and the ordinary 
 himself cannot grant a seat as appurtenant to land (h). 
 
 311. Nor has the ordinary power to make a legal 
 grant, by faculty or otherwise, of a seat to a non-pa- 
 rishioner ; such faculties are, so far, at least, merely void, 
 that no faculty is deemed, either in the Ecclesiastical 
 Court or at common law, good to the extent of entitling 
 any person who is a non-parishioner to a seat, even in the 
 body of the church (z). 
 
 312. It was discussed but not decided in HaUack v. 
 University of Cambridge (A), whether a faculty could be 
 granted to appropriate a pew to a person in respect of a 
 house out of the parish. It would appear, however, that 
 such faculty cannot be legally granted (/). 
 
 313. No distinction can be made among non-pa- 
 rishioners ; the extra-parochials infringe equally upon the 
 
 id) Walters. Gunner & D., 1 Hagg. C. R. p. 321. 
 (e) Gibs. Co. p. 221; Byerley v. Windus, 6 B. ^- C. p. 18. 
 (/) Craig V. Watson, unpub. 
 
 ig) Gibs. Co. p. 221; Co. Litt. p. 121 b.; Byerley v. Windus, 5 S. 4' C. 
 . 18. 
 
 (7s) Pettman ». Bridger, 1 P7dU. p. 325. 
 
 (i) Fuller v. Lane, 2 Add. p. 427; Byerley v. Windus, 5 B. S; C. p. 18. 
 (70 Hallack v. Univ. of Camb., 1 Q. B. p. G14. 
 (Z) Fuller v. Lane, 2 Add. p. 427; Byerley v. AVindus, 5 B. 3,- C. p. 18. 
 
c. PRIVATE SEATS. 75 
 
 rights of the parishioners with those who belong to another Cap. I. 
 parish. They are equally non-contrihutory to the ex- 
 
 penses of the church. It is the fault of those under whom 
 they claim that they have no parish. They have the 
 advantage of being extra-parochial ; they must take the 
 disadvantages also (to). 
 
 314. A faculty for erecting a pew, which contains a Clause em- 
 clause permitting the party erecting it to let it, would be letting iUegal. 
 (so far ?) illegal (m). 
 
 315. Even where an occupier has purchased a seat Power of sale 
 erected under a faculty containing a clause, permitting the 
 
 party erecting it to sell it, this is no bar to the common 
 law right of the parishioners, as such permission in the 
 faculty is illegal. The practice of making such rules may 
 have frequently prevailed, but it has constantly been dis- 
 countenanced by the court (w). 
 
 316. That a party having had a seat allotted should Pews cannot 
 
 r ,1 I,- rv • 1 f 1 n.-liB treated like 
 
 lurther obtain sumcient room lor her accommodation yiHas. 
 
 elsewhere, and be allowed to let out her pew to persons 
 
 not resident in the parish, is an abuse which cannot be 
 
 maintained ; for it is a wild conceit that there can be such 
 
 use made of pews, as of viUas or other common property. 
 
 It is sufficient indulgence which is usually given by 
 
 faculties in granting the exclusive use, but no faculty was 
 
 ever granted for purposes like these (o). 
 
 317. Faculties were certainly granted in former times Faculties 
 with too great facility, and by no means with due conside- grante/too 
 ration and foresight ( jo). readily. 
 
 318. The experience of the miscliief which has resulted Change of 
 from a too lavish grant of faculties in former times and the overlooked. 
 
 (m) Byerley v. Windns, 5 B. S; C. p. 20. 
 
 (re) Walter v. Gnnner & D., 1 Ilnffff. C. R. p. 814. 
 
 (0) Ibid. p. 321. 
 
 (p) Fuller r. Lane, 2 Add. p. 426. 
 
76 
 
 BOOK II. LAW. — B. PAEISH CHURCHES. 
 
 Cap. I. 
 Faculty. 
 
 Especial re- 
 gard given to 
 accommoda- 
 tion for the 
 poor. 
 
 They might be 
 driven to 
 dissent. 
 
 Tacnlty effect- 
 ing a redaction 
 in free seats 
 
 Strong case 
 required to 
 indace any 
 faculty now. 
 
 And very 
 
 singular 
 
 circumstances. 
 
 want of churcli room generally, and the propriety of afford- 
 ing additional sittings, especially to the poor, are strong 
 features of the times ; and they are not to be overlooked 
 by ordinaries when application is made for a faculty (s). 
 
 319. And every possible reason exists, why no conces- 
 sions should be made, at all likely to infringe upon the 
 due accommodation of the poor in their several parish 
 churches. It is to be presumed that they are the persons 
 most in want of religious instruction, and their title, as 
 such, in particular, to receive it, is expressly recognized 
 by the Divine Founder of Christianity itself (s). 
 
 320. If disabled from receiving it from want of room 
 in their parish churches, they are almost driven to seek it 
 in places of dissenting worship, a circumstance exceedingly 
 to be deplored; although of course they are clearly entitled, 
 and should be freely allowed, to resort to such places of 
 worship if they prefer it; provided they are really dis- 
 senters in opinion, from the doctrine or discipline of the 
 Church (s). 
 
 321. A faculty for appropriating a seat to a messuage 
 by taking do^vn two pews where the poor were accommo- 
 dated is, at least prima facie, unusual and vicious. AU 
 the pews are for the accommodation of the whole 
 parish (f). 
 
 322. A strong case should therefore be made out to 
 induce the ordinary, in the exercise of a sound discretion, 
 to appropriate any pew, by faculty, to a particular 
 parishioner and his family, at the present day (u). 
 
 323. In 1829 the court said that, considering the in- 
 creased population of the country, a parish must be very 
 
 (s) Fuller v. Lane, 2 Add. p. 42S. 
 (i) Butt V. Jones, 2 Hagg. p. 424. 
 (») Fuller r. Lane, 2 Add. p. 131. 
 
c. PRIVATE SEATS. 77 
 
 singularly circumstanced to induce, and justify, a faculty <^'^p- I- 
 of any sort for a pew, so as to preclude the parish from '— 
 
 improving the church accommodation, particularly for the 
 lower classes {x). 
 
 324. True it may be that, at the particular time when Objectionable 
 the faculty is applied for, its issue may not be generally not incon- 
 inconvenient; the parishioners at large may be sufficiently ^"^^g^t*' ** 
 accommodated, after and notwithstanding its issue. But 
 
 in this even, the most favourable case, there are obvious 
 reasons for inducing the ordinary to entertain such appli- 
 cations with a good deal of reserve (y). 
 
 325. For instance, additional room may be soon, or at But may 
 some time, wanted, suggesting the propriety of new arrange- 
 ments in the church ; but such future arrangements may 
 
 be formidably obstructed, by the actual issue of the faculty 
 then prayed (y). 
 
 326. Ordinaries are not, at this day, to tie up their Repeated 
 hands against such future arrangements as the rapidly joined, 
 increasing population of the country may soon render ne- 
 cessary or convenient, in order best to provide for the 
 general accommodation of their several parishes, by a too 
 lavish issue of faculties, or by the issue of a facidty at aU, 
 
 but under special circumstances {z). (This was said by the 
 court in 1825.) 
 
 327. The court eventually went further and said that Now only- 
 ordinaries, at the present day, are bound not to issue mecialc^nm- 
 faculties, appropriating pews to individuals, but under stances. 
 special circumstances (z). 
 
 328. The result, upon the whole, of these faculties, is. By such 
 that in many churches the parishioners at large are de- ^^''"'■h 
 
 facnlties 
 
 ionera 
 
 (a;) Butt V. Jones, 2 Sagg. p. 424. 
 (y) Fuller v. Lane, 2 Add. p. 431. 
 (i) Woollocombe v, Ouldridge, 3 Add. p. 4. 
 
'^ BOOK II. LAW.— B. PARISH CHUECHES. 
 
 Cap. I. prived, in a great degree, of suitable accommodation, by 
 
 ^^^^ — - — means of exclusive rights to pews, either actually vested 
 
 deprived of in particular families by faculty or prescription, or at least, 
 
 eir rigji s. -^liJcli is the same thing as to any practical result, supposed 
 
 to he so vested (tf). 
 
 Convenience of 329. The leading obiect of the covirt in erantinar faculties 
 parishioners . . e A. ■ x.- r\ 
 
 the chief IS the convenience ot the parishioners (e). 
 
 °^^' 330. There are various considerations to which the 
 
 Considerations . iniT -, -, ■ 
 
 for court upon attention of the court should be directed when it receives 
 
 for facnlty.'°° ^^ application for a faculty to an individual: — 
 Whether pre- 331. 1st. Whether the appropriation v70uld be prejudicial 
 rishatlar<^'? t° ^^ church or the parish generally? In which case, 
 though the minister and churchwardens are the most 
 proper persons to show cause, yet any other parishioner 
 may oppose and show cause, if he thinks fit, because he 
 has a general interest (_/). 
 Whether af- 332. 2ndly. Whether it would affect the rights of any 
 
 of individuals? particular persons? In which case, only the persons who 
 would be injured, or at least the churchwardens as guar- 
 dians of the parochial rights of every parishioner, ought to 
 oppose it (y), and no other parishioner who would not be 
 personally affected. 
 Whether appli- 333. Srdly. Whether the person who sued for the faculty 
 cant qualified? ^^^ g^^^ qualified to have such a grant (/). 
 
 The proportion 334. Wbat is the population of the parish in proportion 
 population. to the number of sittings in the church? whether it is an 
 increasing or a diminishing population? are necessary 
 inquiries previous to any grant of a faculty for the appro- 
 priation of pews to particular persons. They are most 
 necessary, and the result ought to be most satisfactorily in 
 
 ((?) Fuller V. Lane, 2 Add. p. 428. 
 
 (fi) Sharpe v. Hansard, 3 Hagg. p. 337. 
 
 (/) Tai-tington v. Beet, of Barnes, 2 Lee, p. 315. 
 
c. PRIVATE SEATS. 79 
 
 favour of such applicants, to Insure the success of their cap. I. 
 
 V ,• / \ Faculty. 
 
 appncations(<7). 
 
 335. The size of the pew, also, and the proportion of Proportion of 
 the number of sittings in the pew to that of the applicant's 
 
 family, are also to be taken into account (A). 
 
 336. The question whether any obstruction or inconve- Whether any 
 
 T, ■, -, . 1-1 1-1 -I obEtmction; 
 
 nience would be caused, is one which would come under 
 
 the first head of inquiry (i). 
 
 337. Whether any obstruction of light would be caused or obstmction 
 is another point for the consideration of the court (A). ° '^ ' 
 
 338. The court should be careful to preserve the sym- or injury to 
 metry and proportions of the church inviolate (A). church. 
 
 339. The fact that seats held tmder a faculty may be Temporary 
 
 . -iTiiT- 1 1. r ^ ^ disturbance no 
 
 temporarily disturbed m an enlargement oi a church ^^1.. 
 furnishes no ground for opposition to the grant of a faculty 
 for such enlargement (Z). 
 
 340. Ordinaries should be careM not to afford the Parishioners 
 
 , . , , , , . ~ 1 must not be 
 
 applicants too great a proportion ot room, or accommoda- excluded, 
 tion exceeding their real (actual and probable) wants to 
 the exclusion of other parishioners; for that would be 
 justifiable under no circumstances (m). 
 
 341. The vestry granted to a man (in consideration of Possession 
 
 a money payment) a pew appropriated to his house which pa™ent is 
 
 he sold to another, who thereupon applied for a faculty ; e^°°?'i ^°^ 
 ' , refusing a 
 
 but the court refused it and ordered him to be placed in faculty, 
 the common part of the church (ra). 
 
 342. In a case in the year 1825 the court would not say Benefaction 
 
 that no possible case for the issue of such a faculty might g^y^ morar ^ 
 
 claim for 
 
 faculty. 
 
 (g) Fuller v. Lane, 2 Add. p. 432. 
 
 (/O Ibid. p. 433. 
 
 (i) Tattersall v. Knight, 1 Phill. p. 233. 
 
 (7«) Groves & Wright v. Rect. of Homsey, 1 ffaz/ff. C. R. p. 195. 
 
 (J) Harrison v. Swayne & S., unpub. 
 
 (to) Fuller v. Lane, 2 Add. p. 436. 
 
 (?i) Harford v. Jones, Consist. 1724, cited in 2 Hagg. C. R. p. 318, n. 
 
80 
 
 BOOK II. LAW.— B. PARISH CHURCHES. 
 
 Cap. I. 
 Faculty. 
 
 Snch faculties 
 probably not 
 granted in 
 future. 
 
 Pew rights 
 nnder faculties 
 to be duly 
 considered. 
 
 Court must 
 take care not 
 to exceed its 
 authority. 
 
 Possessory 
 right gives 
 standing to 
 oppose faculty. 
 
 Faculty cannot 
 be granted in a 
 suit to de- 
 fendant. 
 
 arise, as to a benefactor contributing liberally to the en- 
 largement of tbe church or the accommodation, especially 
 of free seats for the poor, but even then it must be fettered 
 with all due restrictions and limitations (wi). 
 
 343. But from what has been laid down in subsequent 
 cases, it is not probable that even this limited favour would 
 in fiiture be accorded. 
 
 344. In granting a faculty for the enlargement of the 
 church, the court will take care that the rights of persons, 
 claiming a pew under a faculty, are secured, although they 
 do not appear to the usual citation of parishioners (w). 
 
 345. The court must take care that it does not exceed 
 its authority, well observing where no legal rights inter- 
 pose and where such rights and objections do interpose. 
 If a faculty were granted and it should turn ont that there 
 was already a prescriptive right, the faculty would (so far 
 at least) be void, and the person having such a right would 
 be entitled, if his pew were removed or altered under 
 the supposed authority of such faculty, to have it rein- 
 stated (o). 
 
 346. A pew alleged to have been bought twenty-five 
 years previously and enjoyed since, gave a possessory right 
 sufficient to defeat an appHcation for the grant of a faculty 
 of the same seat to another, but did not give an absolute 
 right (p). (Delegates, 1756.) 
 
 347. The decree for a faculty made in favour of one 
 who had only appeared as a defendant to oppose a faculty 
 being granted to another, was reversed by the Arches 
 Court (q). 
 
 (m) Fuller v. Lane, 2 Add., p. 436. 
 (n) Harrison v. Swayne & S., unpab. 
 
 (o) Knapp & ors. v. NichoU, 2 Roberts, p. 364 ; Archer v. Sweetman, 
 Fort. p. 346. 
 
 (jj) Dearie v. Southwell, 2 Lee, p. 260. 
 (j) Ibid. 
 
c. PRIVATE SEATS. til 
 
 348. Whether any parishioner, not specially damnified. Cap. I. 
 
 has a right to oppose the grant of a faculty to another ,- — — r: — '— 
 
 . ^ . . ° •' Doubt if one 
 
 parishioner is not settled. not damnified 
 
 349. Faculties have been granted in various forms. _ , , ,' . 
 
 _ ° Early faculties 
 
 There are some instances of faculties at large, that is, in various 
 appropriating pews to persons, and their families, without 
 any condition annexed, of residence in the parish (?■). 
 
 350. The appropriation of a pew has sometimes been Sometimes 
 
 to a man and his family, "so long as they continue inhahi- trncy^of°a m-- 
 tants of a certain house in a parish ;" and Sir John *'*'" ^°^^- 
 NichoU said, that this is perhaps the least exceptionable 
 form, as it is unlikely that a family continuing in the 
 occupation of the same house in the parish, shall be in cir- 
 cumstances to render its occupation of the same pew in the 
 church very objectionable (.?). 
 
 351. BuUer, J. (K. B.), stated that he had seen a faculty For ex- 
 for exchanging seats in a church; under which, after stating seat"^"^ 
 that A., in right of a particular house in a parish, had 
 immemoriaUy a right to a certain pew in the church, the 
 ordinary gave his consent to exchange it for another, but 
 
 stiU each was annexed to the house {t) : but the validity of 
 such a faculty seems never to have been tried, nor does 
 any other example appear to be known. 
 
 352. The more modern form was, to a man and his While inhabi- 
 family, "so long as they continue inhabitants of the parish''^ parish, 
 generally. StiU this class of faculties is objectionable, 
 inasmuch as they often entitle parishioners to the exclusive 
 occupancy of a pew, of which they, themselves, are no 
 
 longer in circumstances to be suitable occupants at all, 
 whatever their ancestors might have been (u). 
 
 (»■) Euller V. Lane, 2 Add. p. 427. 
 (s) Ibid. p. 426. 
 
 (t) Stocks V. Booth, I T. R. p, 431. 
 (■a) Fuller ». Lane, 2 Add. p. 42fi. 
 A'OL. II. 
 
82 BOOK II. LAW.— B. PAKISH CHUIICHES. 
 
 Cap. I. 353. So Sir John NiclioU said it was very desirable that 
 
 after due time has been given as encouragement to those 
 
 while inhabi- ^^° build them, the seats should return to the disposition 
 tants of parish; of the Ordinary. The form of the grant should be, " So 
 
 or of parish , . . , . ^ 
 
 and of a certain long as they contmue mhabitants of the parish," or, " So 
 long as they continue inhabitants of the parish, and occu- 
 piers of the messuages stated;" the former of these is 
 the more usual, as it gives no notion of annexing to 
 houses (a^). 
 
 At their expi- 354. Because, on the expiration of a faculty limited to 
 
 rights revive. 3- Certain period, the right of the parishioners to the pews, 
 the subject-matter of such faculty, revives (y). 
 
 Ordinary mnst 355. Though the discretion exercisable by the ordinary 
 
 use a sonnd ■• n -y • -i • i t t • 
 
 discretion in be 01 the Widest nature, yet it must be a sound discretion 
 
 facuHy^and is having a due regard to times and circumstances and to 
 
 subject to ap- j^q rights and interests of all parties concerned : if an un- 
 
 sound discretion be exercised, a party may appeal to a 
 
 superior tribunal (z). 
 
 Not a matter 356. It is a matter for appeal, and the Court of 
 
 or pro 1 1 ion. Q^ggjj'g Bench cannot interfere by prohibition ; even 
 
 where the faculty apphed for is of a mixed nature, that 
 
 court will presume that the faculty wiU be limited to legal 
 
 objects (a). 
 
 Faculty upon 357. By the Act for Union of City Churches (h) the 
 
 chvu'ches. bishop may grant a faculty to alter and re-adjust the seats 
 
 in the church of the united parish and the appropriation 
 
 thereof, so that at least half be unappropriated, and the 
 
 remainder shall be at the disposal of the churchwardens, 
 
 under the bishop, discharged from aU prescriptive and 
 
 (a;) Tattersall v. Knight, 1 PMll. p. 237. 
 
 {y) Blake v. Osborne, 3 Hagg. p. 733. 
 
 (z) Butt 1). Jones, 2 Hagg. p. 424. 
 
 (a) Hallack •». Univ. of Cambridge, Ad. ^- E., N: S., 1 Q. B. p. 614. 
 
 (6) 23 & 24 Vict. c. 142, s. 28, 
 
c. PPaVATE SEATS. 83 
 
 other pre-existing rights : this, of course, includes rights J^^^' ^' 
 under faculties. 
 
 358. As a general rule a faculty, once granted, is good A faculty is 
 and valid against the ordinary himself, and irrevocable (c). rightly 
 
 If the doubts suggested (as previously mentioned) as to g™"'ed. 
 the power of granting such faculties at all be weU founded, 
 the (supposed) grants would be, not revocable, but simply 
 invalid. 
 
 359. A faculty (for annexing a pew to a house or Revocable if 
 messuage), obtained by surprise and undue contrivance, surprise, 
 may be revoked (d). 
 
 360. The existence of claims to the exclusive enjoyment General objec- 
 of pews iu the body of the church by faculty or prescrip- faculties. 
 tion has of late years produced injurious consequences, 
 especially in parishes where there has been a large increase 
 
 of population (and rural parishes are now, therefore, almost 
 the only exceptions). Sometimes these exclusive rights 
 prevent an arrangement of the church room, the most 
 beneficial for the general accommodation. In some in- 
 stances these pews remain unoccupied, either from the 
 decay of the houses to which they were originally annexed, 
 or firom other circumstances (e). 
 
 361. It will also be readily understood that rights at Eights by 
 first claimed under the authority of a faculty in process of merge Into 
 time merge into the permanence of a prescription. The Prescription. 
 householder enjoying such a right is natiiraUy a person 
 occupying a leading position and possessing a great in- 
 fluence in the parish, and consequently very little likely 
 
 to have his title questioned; and thus by mere efflux of 
 time he or his family acquire such a title as neither the 
 
 (c) Fuller v. Lane, 2 Add. p. 431 ; see also Knapp & others v. Nicholl, 
 2 Roberts. Mod. Rep. p. 364. 
 
 {_d) Butt V. Jones, 2 Hagg. p. 426. 
 
 (e) Report on Mad. Courts, 1832, 12mo. ed. p. 131. 
 
 G 2 
 
84 
 
 BOOK II. LAW. — B. PARISH CIIUJICHES. 
 
 Cap. I. 
 Pacultt. 
 
 Modem facul- 
 ties carefully 
 recorded. 
 
 Interfere with 
 the church- 
 wardens. 
 
 Claims often 
 supposititious. 
 
 Recommenda- 
 tions of eccle- 
 siastical com- 
 missioners. 
 There be no 
 future grant. 
 
 Present claims 
 to be investi- 
 gated by a com- 
 mission. 
 
 parish nor ordinary can question, tliOTigh the former are 
 so far deprived of their ancient rights and the latter of his 
 jurisdiction, 
 
 362. The injury is more serious, if the decision be sup- 
 ported that non-parishioners may prescribe for seats ; but, 
 on the other hand, since the records which include the 
 grant of faculties are now very carefuUy kept and easily 
 accessible, there is less fear in future of the lapse of rights 
 by faculty into rights by prescription. 
 
 363. The duties of churchwardens in seating and ar- 
 ranging the parishioners are too frequently interfered with 
 by faculties appropriating certain pews to certain indi- 
 viduals, in different forms and with different limitations; 
 as also by prescriptive rights to pews, which these faculties 
 are supposed to have occasioned (A). 
 
 364. In very many instances these exclusive rights are 
 merely supposititious, and would turn out, upon investiga- 
 tion, to be no rights at aU (i). 
 
 365. The importance of the subject elicited the follow- 
 ing recommendations fr-om the commission. 
 
 1st. That in future no faculties shall be granted per- 
 manently annexing to any messuage a pew in the church 
 or chancel (_/) : 
 
 366. 2nd. That a commission shall issue in each diocese, 
 directed to the archdeacon or archdeacons, or one or more 
 of the rural deans, requiring them, in conjunction with two 
 other individuals, to make a ftiU investigation as to the 
 pews and seats claimed to be held in each parish church 
 or chapel by faculty or prescription; that where such 
 claims shall be established to the satisfaction of the com- 
 
 (A) Fuller v. Lane, 2 Add. p. 426; RepoH on JEccl. Courts, p. 131. 
 (i) Fuller v. Lane, 2 Add. p. 427; Pettman v. Bridger, 1 Phill. p. 325. 
 ij) Hep. of Heel Com. p. 132. 
 
c. rravATE seats. 85 
 
 missioners, a record of the same, to be kept in the registry Cap. I. 
 of the diocese, should be made (A). '— 
 
 367. The commissioners thought it extremely desirable All improved 
 that all claims, where no faculty or legal prescription exists, extinguished. 
 should be finally extinguished; but they felt considerable 
 difficulty in suggesting measures to effect that end. When 
 
 persons claiming such rights decline to come forward 
 before the commissioners to establish them, there seems 
 no hardsliip in precluding them firom asserting a title 
 hereafter; but more doubt might be entertained as to the 
 course fit to be pursued where the claim was asserted but 
 rejected by the commissioners. Expense is so material a 
 consideration in these matters, that they did not feel 
 justified in recommending any mode of trial which would 
 subject the parties to any legal costs. To invest the com- 
 missioners with fuU power finally to determiae all these 
 objections would be the course most effectual for their 
 speedy decision (k). 
 
 368. This recommendation has been to a certain extent Commis- 
 adopted in respect to newly built churches, in an act of par- mendatian 
 liament passed in 1845 (Z), which dh-ects that, upon the on^substUutfon 
 substitution of a new church for an old one and the transfer of new for old 
 thereon of parochial rights, the bishop on his own motion, 
 
 or at the instance of any person claiming a seat by pre- 
 scription or faculty, shall issue a commission to the arch- 
 deacon and two incumbents and two laymen, who shall 
 examine into all such claims and report to the bishop, who, 
 if satisfied, is to assign seats to those whose claims are 
 proved; and it may be presumed that those who do not 
 make and prove their claims are shut out for the future 
 from such exclusive rights. 
 
 369. Also by the same Act the same principle is apphed And on trans- 
 
 fer from cathe- 
 dral of parish 
 (k) Rp,p. of Eccl. Com. p. 132. rights. 
 (0 S & 9 Vict. c. 70, s. 1. 
 
86 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. T. where any part of a cathedral has been accustomed to be 
 — ■^^^^''^ — used as a parochial church, and the rights thereof are 
 
 transferred to any new church in. the parish (A). 
 Rights aban- 370. If a man quits his house and leaves the parish, his 
 
 iiig parish. right to a Seat, whatever was the nature or origin of that 
 right, is at an end, because he has ceased to be a 
 parishioner (Z). (This, however, was said, apparently, 
 withovit reference to rights by prescription.) 
 Modemfaculty 371. The power of the bishop ia the grant of faculties 
 propriation. has lately been applied to the purpose of non-appropriation, 
 being an object precisely the reverse of that for which such 
 power had previously been exercised. Upon the petition 
 of the vicar and churchwardens, supported by the vestry, 
 a faculty was granted by the bishop (Lichfield) autho- 
 rizing certain works proposed to be done by voluntary 
 contributions, and decreeing that all the sittings in the 
 church should be wholly fi-ee and unappropriated (m). 
 
 (7i) 8 & 9 Vict. c. 70, s. 4. 
 
 (Z) Byerley v. Windus, 5 £. S' C. p. 18. 
 
 (m) Ex inform. Eeg. 
 
( 87 ) 
 
 PART B. 
 
 PAKISH CHURCHES AND CHAPELS OF EASE. 
 
 DIVISION c. 
 PRIVATE SEATS. 
 
 CHAPTER 11. 
 
 Cap. II. 
 PRESCRIPTION. Pbesceip- 
 
 TION. 
 
 372. Prescription is the highest kind of title; it cannot Prescript!- 
 be altered by any authority (a). ^^S^est title 
 
 373. Prescription is thus defined by an early writer: — 
 
 ion 13 
 
 Prescription est quant un 
 person claime ascun chose, 
 pur ceo que U, ses ancestors, 
 ou predecessors, ou ceux que 
 estate il ad, ont ew ou use 
 ascun chose dont nul me- 
 morie curt al contrarie. 
 
 Prescription is when a Definition of 
 man claimeth anything for P^«^="Pti°°- 
 that he, his ancestors, or 
 predecessors, or they whose 
 estate he hath, hare had or 
 used anything aU the time, 
 whereof no mind is to the 
 contrarie (V). 
 374. And by another author, thus : — 
 
 Prsescriptio est jus quoddam, ex tempore congruens. Definition by 
 authoritate legum vim capiens, poenam negligentibus Zegum^ ^ 
 inferens, et finem litibus imponens. Quod non in totum 
 a naturali jure recedit, nee per omnia ei servit. Quemad- 
 modum enim natura sequum est, neminem debere locuple- 
 
 (o) Groves v. Rect. of Hornsey, 1 Hagg. C. R. p. 195. 
 (S) Exp. of Termes of Lame, p. 149 (A.D. 1616). 
 
88 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. 
 Pbesceip- 
 
 TION. 
 
 Prescription by 
 personal right 
 or qve estate. 
 
 Prescription 
 differs from 
 custom. Pos- 
 session and 
 time are essen- 
 tial. 
 
 Founding 
 churches 
 analogous to 
 highway. 
 
 Resembles an 
 easement. 
 
 tarl cum alterius jactura: ita natural! rationi congruum 
 est, et negligentibus pcenam inferri, et finem litibus 
 imponi(c). 
 
 375. Prescription is of two sorts, either a personal right 
 wMcli has been exercised by a man and his ancestors, or a 
 right attached to the o-miership of a particular estate and 
 onlj exercisable by those who are seised of the estate. 
 The first is termed a prescription in the person; the 
 second is called a prescription in que estate, which, in 
 plain English, means a right or privilege claimed by pre- 
 scription as annexed to and going along with particular 
 lands {d). 
 
 376. Prescription appears to differ from custom in 
 being a personal right rather than the right of a class or 
 general right. But to both of these " two things are inci- 
 dent and inseparable, viz. possession or usage, and time. 
 Possession must have three qualities ; it must be long, 
 continual and peaceable — Longa, continua et pacijica ; 
 for it is said, Transferuntur dominia sine titulo et tradi- 
 tione, per usucaptionem ; s. per longam, continuam et 
 pacificam possessionem" (e). 
 
 377. Cases of founding churches are analogous to those 
 of the dedication of a highway. It is very seldom that a 
 grant of the soil on which the church is built can be found, 
 but acquiescence in consecration renders the case analogous 
 to a dedication, and the soil afterwards is vested in the 
 ordinary, or in the rector as trustee for the benefit of the 
 parishioners (_/). 
 
 378. And as regards pews it appears to be more in the 
 nature of an easement. There is strong reason for think- 
 
 (c) Reformatio Legum Eccles., ed. 1641, p. 246. 
 ((?) Shelf ord On Real Property, p. 30. 
 (e) Colie upon Lit., Book II., sect. 170. 
 (/) Chapman v. Jones, L. R., i Ex. p. 282. 
 
c. rniVATE SEATS. 89 
 
 ing, that an action on the case is maintainable only on the Cap. II. 
 ground of the pew being annexed to a house as an ease- tion. 
 ment, because an action on the case is the proper form of 
 remedy for the disturbance of the enjoyment of any ease- 
 ment annexed to land, as in the case of a right of way or a 
 stream of water (^). 
 
 379. An easement is defined to be a right of accommo- Definition of 
 dation on another's land, as distinguished from one which "" ^^^emen . 
 is directly profitable (h). 
 
 380. In no case, however, has a person a right to the The right of 
 possession of a pew, analogous to the right which he has 
 
 to his house or land ; for trespass would lie for an injury 
 to the latter, but for an intrusion into the former, the 
 remedy undoubtedly is by an action on the case (z). 
 
 381. The right of sitting in an allotted space of the Compared to 
 church has been compared to a right of common of "(^mon. 
 pasture, which may be apportioned. For instance, if a 
 
 person seised of a messuage and forty acres of land, having 
 a prescriptive right of common on a waste for all com- 
 monable cattle, levant and couchant upon the messuage 
 and forty acres, as to the said messuage and forty acres 
 appertaining, make a feoflSnent to another of five acres of 
 that land, the common is severable, because the prescrip- 
 tion to have common on the land, extends to the whole 
 and every parcel. Thus in a case where by faculty a pew 
 had been granted to A. B. and his family for ever, and 
 the occupiers of the messuage, it was held, that the right 
 to use the pew was attached to the occupier of every part 
 and parcel of that messuage (k). 
 
 382. Oughton mentions it thus: — " In divers parts of Oughton'a 
 
 opinion refer- 
 ' ring to lords. 
 
 (,9) Mainwaring v. Giles, 5 B. ^ A. p. 361. 
 
 (h) Barton On Real Property, Chap. VI., sect. 3, art. 1105. 
 
 (i) Mainwaring v. Giles, 5 B. 4' 4- p. 361. 
 
 (/i) Harris v. Drewe, 2 B. ^- Adol. p. 168. 
 
00 
 
 BOOK II. LAW, — B. PARISH CHURCHES. 
 
 Cap. ir. 
 
 Pkesceip- 
 
 TION. 
 
 Doubts as to 
 faculty apply 
 strongly to 
 prescriptive 
 claims. 
 
 Prescription 
 conld thus have 
 DO legal be- 
 ginning. 
 
 And there is 
 no competent 
 grantor. 
 
 the kingdom, more especially in "Wales, particular seats in 
 churches, or rather the right of sitting and hearing divine 
 service in particular seats, belongs, and hath of old, beyond 
 the memory of man, belonged to certain individuals, lords 
 or others, proprietors of dwelling-houses within the parish, 
 so that no other persons have any right to sit in the said 
 seats or disturb such ancient occupiers" (a). This evi- 
 dently refers to the privilege granted from very early 
 times to the patron or other great person of the parish and 
 not to others. 
 
 383. The doubts which have been heretofore expressed 
 as to the validity of the grant of exclusive right under a 
 faculty to seats in other than a chapel or aisle, apply even 
 more strongly to a hke claim by prescription, and the wrong 
 done to the parishioners at large is by so much the more 
 serious. 
 
 384. If the ordinary has not such power of granting by 
 faculty the exclusive use of a seat, it is diflScult to see how 
 a prescriptive right to a seat, as belonging to a house, 
 can have any just commencement. Because, if there be 
 no means by which a title to a seat can have a legal 
 beginning, it seems strange that prescription should be 
 admitted as evidence, of that which never could have a 
 legal beginning or being, — namely, a legal title (b). 
 
 385. For where a person cannot make a grant, no valid 
 grant wUl be presumed. And it was held, before the 
 passing of the Prescription Act (c), that no right of light 
 could be gained by windows, which for upwards of twenty 
 years had looked upon glebe land, because in such a case 
 no valid grant of an easement could be presumed, as the 
 
 (a) Oughton, tit. XVII., sect. 48: Law's ed., 1844, p. 60. 
 
 CJ) Watson, p. 385. 
 
 (c) Prescription Act, 2 & 3 Will. IV. c. 71. 
 
c. PRIVATE SEATS. 
 
 91 
 
 rector, beins; merely tenant for Kfe, never could have had ^-^-p- ^^■ 
 , Peeschip- 
 
 the power to make such a grant (d). tion. 
 
 386. It appears, therefore, most consonant with reason. Prescription 
 that a person should not prescribe to have a seat in the apt^ars^nn. 
 common part of the church, as peculiar to his house, and reasonable, 
 that the temporal courts ought not to meddle with the 
 deciding of controversies about such seats, but only the 
 ordinary, who ought to place the inhabitants of each parish 
 
 within his jurisdiction, according to his discretion (e). 
 
 387. Titles by prescription to pews are not mentioned Prescription 
 
 ,, iniT ., • I T , , • for seats is not 
 
 m the old books ; neither is the ordinary s power to give mentioned in 
 titles, upon which such prescriptions are founded. And ° °° ^' 
 Watson is of opinion that the ordinary never had such 
 power, and that such prescriptions are, therefore, un- 
 reasonable (f). 
 
 388. It has been said, that although prescriptions Though origin 
 resemble the river Nile, in this respect, that no one can some probable 
 trace their origin, and so no direct reason can be given for be*^hown°" 
 them, as they were before the memory of man, yet some 
 
 probable reason, sufficient to make the prescription 
 reasonable, ought to be given (ff). 
 
 389. Whenever, therefore, there is no proof of a faculty, A faculty is 
 there may be proof of prescription, founded on such snmed. 
 immemorial usage as presumes the grant of a faculty, for 
 
 the appropriation of a pew to a certain messuage or 
 house (A). 
 
 390. But where the records of the ordinary's court Faculties re- 
 
 .,,,»,. 1 ,. corded in 
 
 extend back to the middle oi the sixteenth century, being bishop's re- 
 a date previous to the granting of any such faculties, and ^^ ^' 
 
 ((Z) Baker v. Richardson, i B. ^ A. p. 579. 
 
 (e) Watson, p. 385. 
 
 (/) Ibid. p. 384. 
 
 (17) Buxton V. Bateman, Siderf. p. 203. 
 
 (h) Pettman v. Bridger, 1 Phill. p. 324. 
 
29 
 
 BOOK II. LAW. — B. PAKISH CHURCHES. 
 
 (Up. II. 
 
 Prescrip- 
 tion. 
 
 Term to be 
 used, if relied 
 on. 
 
 Founded on 
 immemorial 
 nsage. 
 
 Against com- 
 mon right. 
 
 110 years' nse 
 insufficient. 
 
 inO years suf- 
 ficient. 
 
 None in chnrcli 
 built in 1663. 
 
 Impossible in a 
 modem church. 
 
 the records be found to contain no entry of the grant of 
 faculty for the seat in question, situated in the body of the 
 church, then any claim by prescription for such seat must 
 fail. 
 
 391. It is inconvenient not to use the legal term pre- 
 scription, where it is intended to be relied on as a fact (e). 
 
 392. The only foundation for prescriptive claim to seats 
 is immemorial usage (/) : and consequently no prescrip- 
 tive title can be maintained where its origin is known {g). 
 
 393. In a case (not, of course, referring to church seats, 
 for no such subject for litigation had then arisen), decided 
 in the year 1304, the court said: — 
 
 " Since you affirm your estate by a custom, which 
 custom is against common right, and vrhich custom began 
 by a tort, it is necessary, if you wish to prove your estate 
 by that custom, that you should maintain it by long con- 
 tinuance of time" (A). 
 
 394. Even 110 years has been held insufficient (t). 
 
 395. But, in another case, where possession for 100 years 
 and upwards was admitted, the court held that it was need- 
 less to look to the evidence of use and possession (A). 
 
 396. In a church built ia 1663, there could be no right 
 by prescription (Z). 
 
 397. Consequently in a modern church, arranged under 
 the authority of a local act of parliament, there can be no 
 prescriptive title {m). 
 
 (e) Knapp & others v. NichoU, 2 Ho'berts. Eccl. R. p. 366. 
 (/) Fuller V. Lane, 2 Add. p. 432; Pettman v. Bridger, 1 PMll. p. 324. 
 {g) Blake o. Usbome, 3 Sagg. p. 733; Co. upon Littleton, Bk. II. 
 i. 170. 
 
 {h) Year BooTi, 32nd Ed. I.; ed. by Record Commission, p. 264. 
 
 (i) Fuller v. Lane, 2 Add. 432. 
 
 (7s) Knapp & others v. NichoU, Rolerts. Bed. Rep. p. 367. 
 
 il) Londonderry Cathedral, 8 Lam Times Rep. p. 863. 
 
 (ot) Spry V. Flood, 2 Curt. p. 358. 
 
e. PEIVATE SEATS. 93 
 
 398. Possession for thirty-six years was held to be pre- cap. ir. 
 sumptive evidence of a prescriptive right in a case where ^jqj^ 
 the church had been rebuilt about forty years (w). (The Z^ Z T 
 case was against an intruder, not against the churchwardens church rebuilt. 
 or ordinary.) 
 
 399. The ordinary time to which the proof of an eccle- Ordinary pre- 
 
 ..1 . ,. . . . T •, 1 sumption on 
 
 siasticai prescription is necessary is, however, very limited., thirty years. 
 provided the origin be unknown; thirty years constitutes 
 a prescription, and it is not necessary to go further back 
 with evidence of repair (o). 
 
 400. A prescriptive title, when proved, cannot be altered Prescription 
 by any authority. It is, therefore, the highest and best title ordinary, 
 which a man can have, as it is held to exclude the ordinary (p). 
 
 401. A prescriptive right must be clearly proved — the Must be clearly 
 facts must not be left equivocal ; and they must be such 
 
 as are not inconsistent with the general right (q). 
 
 402. In the tenth year of the reign of James I., it was One cannot 
 held, by Lord Coke and the other justices, in the case of ^earin body'^of 
 Pym V. Gorwyn(r), that a person cannot prescribe for a '='""<=^- 
 
 seat in the body of a church. 
 
 403. And in the following year, on a prohibition to the Common law 
 Ecclesiastical Court being sued for, upon surmise of a title meddle with 
 by prescription, to a seat in the common part of the church, ^°*^'^ claim. 
 Lord Coke and the other justices answered, that for the 
 
 title they were not there to meddle with it, this being for 
 a seat in the church ; Justice Houghton remarking that 
 the disposition of pews in the church belongs of right to 
 the order and discretion of the ordinary («). 
 
 (?i) Rogers v. Brooks, 1 1'. R. p. 431. 
 (o) Knapp & others v, NichoU, Roberts. Eccl. Rep. p. 3G7. 
 {p) Groves v. Rect. of Horusey, 1 Hagg. C. R. p. 195; Fuller v. Lane, 
 2 Add. p. 425. 
 (2) Pettman v. Bridger, 1 PMll. p. 324. 
 (r) Pym v. Gorwyn, Moor, p. 878. 
 (s) May ». Gilbert, 2 BuUt. p. 151. 
 
94 
 
 BOOK II. LAW.— B. PARISH CHtRCHES. 
 
 Cap. ir. 
 
 Prescrip- 
 tion. 
 
 Bat left it to 
 the ordinary. 
 
 Even when 
 rel.iting to an 
 entire aisle. 
 
 Titles by pre- 
 scription are 
 not ancient, in 
 Watson's 
 opinion. 
 
 404. Justice Dodderidge also mentioned a case which 
 he had moved in the Court of Common Pleas, where an 
 action had been brought for the disturbance of a seat in 
 the churchj and where he had cited Hall's case, and the 
 case of the gravestone and coat armour, for the taking of 
 which an action of trespass was held to Ke at common 
 law, and had argued that for the same reason an action of 
 trespass should lie for such a disturbance in a seat in the 
 church. But the judges aU said that they would not 
 meddle with deciding such controversies for seats in the 
 church, but would leave the same to them to whom it 
 more properly belonged (ri). 
 
 405. And though an aisle is evidently subject to different 
 considerations they still declined to interfere. Justice 
 Croke said, that in Hall's case a man buUt an entire aisle 
 in the church, and was at continual charge to repair it; 
 and that it had been held that he had his remedy at 
 common law for a disturbance. But the judges all said, 
 " We are not here to meddle with seats in the church" (ji). 
 
 406. Watson says : — " To speak my own thoughts, 
 I conceive that the ordinary had anciently the power of 
 placing the parishioners in such seats at least as are set 
 in that part of the church repaired by the parishioners 
 according to 8 flen. VII. c. 12, and that prescriptions to 
 have seats as belonging to houses, and the ordinaries' power 
 to give titles (which are the rise of such prescriptions), are 
 but lately talked of; for I cannot find in the old books any 
 mention of such titles by prescription, or power of the 
 ordinary. And it seems to me that the ordinary hath no 
 such power, and that such prescriptions are not reason- 
 able "(o). 
 
 («) May V. Gilbert, 2 Bulst. p. 151; Hall v. Ellis, Noy, p. 133. 
 (o) Watson, p. 384. 
 
c. PRIVATE SEATS. 95 
 
 407. If the lord of the manor, or any other gentleman Cap. II. 
 of the parish having an estate and an ancient house or jiqj. 
 
 messuage therein, has immemorially, he and his ancestors, prggcription 
 
 sat in an aisle of the church, buried their dead there and for an aisle 
 
 easy. Pre- 
 always repaired it, he may prescribe for it ; and cannot be sumably built 
 
 dispossessed of it either by the churchwardens, the clergy- church" or"^" 
 man, or the ordinary, and if disturbed he has his remedy. °'^^''- 
 For such immemorial possession will carry with it a pre- 
 sumption that the aisle was first built by the founder, with 
 the consent of the clergyman, patron, and ordinary (jo). 
 
 408. There is no doubt that if the proprietor, or patron Ordinary can- 
 himself, has used to dispose of and order the seats by 
 
 placing persons therein, in such case the ordinary cannot 
 displace them (q). 
 
 409. The circumstance that the fi-eehold of a chapel or If freehold be 
 chancel adjoining or forming part of the church may be in makes no 
 the rector of the parish does not annul the right of a person <iifference. 
 
 to its exclusive use, if built and repaired by him and his 
 ancestors from time immemorial, and a place of burial and 
 for hearing divine service (r). 
 
 410. AyhfFe follows thus (based upon Coke's Eep.): — Opinion other 
 " But if an inhabitant and his ancestors have used time spects an aisle, 
 out of mind to repair an isle iu the church proper and in AyhflEe's 
 peculiar to his house, and has been wont to sit there with 
 
 his domesticks in order to hear divine service, and been 
 likewise accustomed to biu-y therein, this makes this isle 
 so peculiar to himself and his -household, that he cannot 
 be displac'd by the ordinary himself" (s), much less can 
 he be interrupted by the parson or churchwardens. 
 
 (p) Corven i;. Pym, 12 Co. p. 105; 3 Inst. p. 202, citing above; less 
 strongly, Godb. p. 199; 3foor. p. 878; Bunton v. Bateman, 1 Lev. p. 71. 
 (j) Buzzard's case, 2 Rolle's Air. p. 288. 
 (r) Churton v. Frewen, L. R., 2 Eq. p. 658. 
 (s) AyliSe's Purer, p. 485, citing 12 Co. Rep., p. 104. 
 
96 
 
 BOOK II. LAW. — B. PAEISH CHURCHES. 
 
 Cap. II. 
 
 Peescmp- 
 
 TION. 
 
 Distinction be- 
 tween chapel 
 or aisle and 
 b :)dy of church. 
 Presumptions 
 difEerent. 
 
 Presumption 
 against pre- 
 scription as 
 respects body 
 of church. 
 
 The Prescrip- 
 tion Act. 
 
 411. Here then is presented a very wide distinction 
 between a claim in respect to a chapel or aisle and a claim 
 in respect to a seat in the body of the church. It is 
 reasonable to suppose that if a person who builds a chapel 
 or aisle as an addition to the church and for the convenience 
 of himself and his descendants, he and they should possess 
 an exclusive right of user therein (r). But that the founder 
 of a church should retain to himself and his descendants 
 a portion of the body of the church, though possible, is not 
 a reasonable thing to presume, and perhaps no siagle 
 example has ever been proved ; and as the use of the body 
 of the church is in the parishioners in common, there is 
 a strong presumption against any exclusive claims until 
 definitely proved. It is therefore more difficult to prove 
 a right by prescription to a pew in the body of the church 
 than to a pew in the chancel or in an aisle. 
 
 412. As a prescription is founded upon a faculty for 
 a seat in the body of the church presumed to have existed, 
 one would anticipate that such faculty, being in derogation 
 of public right, the presumption respecting it would be of 
 the most limited nature stricti juris. It, however, seems, 
 on the contrary, to have been viewed in the most favoured 
 light : the ground for this is difficult to imagine. 
 
 413. By the Prescription Act, when any right of way 
 or other easement shall have been enjoyed, by any person 
 claiming right to it, without interruption for twenty years, 
 the claim thereto shall not be defeated by showing that it 
 was first enjoyed at any time prior to such period (though 
 it may be defeated in any other way by which it was Hable 
 to be defeated before the act) ; and when the right shall 
 have been so enjoyed for forty years, it shall be deemed 
 absolute and indefeasible, unless it shall appear that it was 
 
 (r) Chapman v. Jones, L. II., i Ex. p. 281. 
 
c. PRIVATE SEATS. 97 
 
 enjoyed by an express consent or asreement, made or given, Cap. ir. 
 
 , , , .... Peesceip- 
 
 by deed or writing (s). tion 
 
 414. The question then arises whether, upon the con- -^y^tether Pre- 
 
 struction of this act, a prescriptive right to a pew is such scription Act 
 , ,., ., ., „ affects pews, 
 
 an easement as may be estabhshed on a possessory title of 
 
 forty years' user by the occupier of a house, all necessary 
 
 repairs having been done by him ; and, consequently, 
 
 whether the law will presume that such possessory title is 
 
 founded on a faculty, when it may be well known that no 
 
 such faculty was ever in existence. 
 
 415. Whether the Prescription Act apphes to pews is Dr. Lushing- 
 
 -.,. ._, , ,. ton's opinion. 
 
 a question which has not yet been tried ; but, though the 
 subject is not entirely free from doubt, it is believed that 
 the act does not so apply. Such seemed to be the opinion 
 of Dr. Lushington, when at the bar, in a case laid before 
 him to advise upon [t). 
 
 416. Questions of prescription are triable in the Queen's Prescription 
 
 -1-111 . , / s triable in 
 
 xJench by action on the case {u). Queen's Bench. 
 
 417. Although the ordinary may have a right to dispose Ordinary can- 
 of all vacant seats in the aisle, he cannot intermeddle with 
 
 a temporal right (z). 
 
 418. The common law will not suffer the spiritual Why common 
 
 ... law will not 
 
 courts to try prescriptions, apparently because the time in suffer spiritual 
 which such prescriptions or customs may be created is ^"^ prescrip- 
 different by the ecclesiastical law from what it is at the tio^^s. 
 common law. The former allows of different times in 
 creating prescriptions and customs, and generally less than 
 that at common law (j/) ; and inheritances might be affected 
 
 (s) 2 & 3 Will. IV. c. 71, s. 2. 
 (f) MS. opinion. 
 
 (m) Palm. p. 424 (A.D. 1619-29); Hntton's case, Latch, p. 116j Main- 
 waring V. Giles, 5 B. ^ A. p. 361. 
 
 (a) Swetnam v. Archer, 8 Mod. p. 338. 
 \y) Watson, p. 386. 
 II. VOL. IT. H 
 
98 
 
 BOOK 11. LAW. — 3. PAPJSH CHURCHES. 
 
 Cap. II. 
 Prbsceip- 
 
 TION. 
 
 Only interferes 
 if Spiritual 
 Court is about 
 to try prescrip- 
 tion. 
 
 And not if 
 prescription be 
 admitted. 
 
 Prescription 
 pleaded stops 
 SpiritualCourt. 
 
 And prohibi- 
 tion will be 
 granted. 
 
 A bill in 
 Chancery for 
 quiet posses- 
 sion will not 
 lie. 
 
 by adjudging them to be good wMcli by common law are 
 no prescriptions. 
 
 419. But wbere the Spiritual Court has jurisdiction 
 over the subject-matter, it will have jurisdiction equally, 
 whether the claim is founded upon prescription or upon 
 any other right ; it is only when the Spiritual Court is 
 proceeding towards the trial of the prescription that a claim 
 by prescription furnishes ground for a prohibition (z). 
 
 420. If the prescription is admitted, the Spiritual Court 
 may go on with the cause, as a defendant does a modus or 
 pension by prescription ; and this was the foundation of the 
 consultation in Jacob v. Dallow(a). 
 
 421. But when a prescription is pleaded (and not ad- 
 mitted) in the Spiritual Court, it ties up the hands of the 
 ordinary from any further proceeding, for the S]3iritual 
 Court cannot try a prescription (5). 
 
 422. And, therefore, if a suit be commenced in the 
 Spiritual Court for a seat on account of the prescription, 
 a prohibition wiU lie for the party sued, because a temporal 
 right is in question, — whether the prescription be good or 
 not, is not for the Spiritual Court to judge (c). 
 
 423. A bin will not lie to quiet one in the possession of 
 a pew in a church. Thus, when the plaintiff had obtained 
 a decree before the ordinary for an aisle in a church, in 
 A.D. 1676, and brought his bill for the decree of the Court 
 of Chancery to quiet him in possession, the court dis- 
 missed the biU with costs, because, as it never executes 
 its own decrees by a bill, without examining the justice 
 thereof, it could not examine whether the bishop had done 
 
 («) Byerley v. Windns, 5 B. ^ C. p. 21. 
 
 (a) Jacob V, Dallow, 2 Salk. p. 551, & 2 Ld. Raym. p. 755; Byerley v. 
 Windus, 5 S. 4' 0. p. 21. 
 
 (J) Swetnam s). Archer, 8 Mod. p. 338. 
 (c) Witcher v. Cheslom, 1 JVils. p. 17. 
 
c. PKIVATE SEATS. 99 
 
 right, and, besides, such a decree coiild not bind his succes- Cap. IT. 
 
 , ,. Peescbip- 
 
 sors (d ). TioN. 
 
 424. Though in a remarkable instance of the case of a 3^1. chancery 
 bill of peace to quiet parties in rights when estabhshed, "»•? decide if 
 applying to the Court of Chancery to decide their legal consent, 
 rights, and where both parties were assenting, that court 
 proceeded to hear and decide the questions at issue (e). 
 
 425. Though the Ecclesiastical Court cannot try the Defect of 
 question of prescription, yet it may proceed till pro- noUniuris- 
 hibited, for the defect is not in iiirisdiction but in modo <i":tion but 
 
 •' mode or tnal. 
 
 triationis {/)■ 
 
 426. When once it appears, by the proceedings in the Prohibition 
 Spiritual Court, that the prescription, instead of being ad- fo^g putting 
 mitted, is disputed, and that the parties are in progress to q"«stion m 
 bring its existence to trial, the courts of common law are 
 
 not bound to wait tUl the parties have inciured the expense 
 of ■putting it in issue, but the prohibition is grantable at 
 once ; and it was upon this principle that prohibitions were 
 granted in Darby v. Cosens (ff), and in French v. Trask(/«). 
 It could not be permitted to a party to take the chance of 
 a trial below, and, when that was decided agaiast him, 
 to come to the King's Bench and object to such trial. 
 
 427. Although the leaning of courts was formerly in Courts are no 
 favour of presumptions, the course now is for judges to favour of pre- 
 drrect juries not to presume an instrument, unless under sumptions. 
 all the circumstances of the case they actually behave that 
 
 the particular document once existed («). 
 
 (d) Baker v. Child, 2 Vern. p. 226. 
 
 (e) Churton v. Frewen L. R., 2 Eq. p. 657. 
 
 (/) Knapp & ors. v. NichoU, 2 Relerts. Eccl. Mejp. p. 366. 
 
 (g) Darby u. Cosens, 1 T. R. p. 552. 
 
 (/t) Erench v. Trask, 10 Mast, p. 348; Byerley v. Windns, 5 B. ^- C. 
 p. 22. 
 
 (i) Morgan v. Curtis, 3 Man. S; Ry. p. 391 ; Livett v. Wilson, 3 Ring. 
 p. 118, and 10 B. Moore, p. 439; Lopez v. Andrews, 3 Man. 4- Ry. p. 329, 
 note. 
 
 H 2 
 
100 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. 428. A prescriptive right must be clearly proved ; the 
 
 TioN. facts must not be left equivocal, and they must not be such 
 Prescription ^^ ^^^ ^°^ inconsistent with the general right (A). 
 
 must be clearly 429. There is a wide difference between pews in a 
 proTed. . , , . . 
 
 Difference be- Parish church {i. e. in the body of the church) which are 
 
 tween a pew m annexed to dwelhng-houses in the parish and lesser chan- 
 
 body of church, ° _ ^ _ 
 
 and a chapel, cels or chapels. With regard to pews, it appears to be 
 beyond doubt that they must be annexed to a dwelling of 
 some kind or another. But with regard to chapels or 
 lesser chancels, they are on an entirely different footing. 
 They are beyond the jurisdiction of the ordinary, and may 
 be freeholds of inheritance (Z). 
 
 Land, thongh 430. Upon no principle of law is it possible to hold that 
 
 site of a chapel, jiiin. r i i • j^ i i 1 ^ i 
 
 cannot be an- ^ freehold piece 01 land, just because a church or chapel 
 pnrtenant to may be built on it, can be held as appendant or appurte- 
 
 other land era-' ^'- ^ ^ 
 
 manor. naht to other land. In a case where a chapel was not 
 
 even within the manor the court said it v^as new to contend 
 that land outside a manor, though in the same parish, 
 could be held to be necessarily appurtenant to the manor 
 or necessarily incidental to the inhabitancy of the manor 
 house, and incapable of being enjoyed in any other way(Z). 
 Different as to 431. In the case of a pew in the body of the church, 
 church. ^^® considerations are totally different ; that part being 
 
 admittedly for the use of all the parishioners in common, 
 there the presumption is naturally adverse to any exclu- 
 sive rights, and something more than an imaginary faculty 
 should surely be required. This point does not seem 
 hitherto to have been very clearly expressed, though it is 
 settled that a right by prescription to a seat situated in the 
 body of the church is more difficult of proof than if it were 
 situated in an aisle or chancel ; and formerly it was even 
 
 (7i) Pettman v. Bridger, 1 Phill. p. 825. 
 (I) Chapman v. Jones, L. R., 4 Ex. p. 281. 
 
c. PRIVATE SEATS. 101 
 
 doubted whether it were possible ; in fact, Lord Coke and Cap. II. 
 
 - t • • "pRESf "R,TP" 
 
 the other justices so decided in two cases (m). nou. 
 
 432. On the other hand it was held in the Exchequer, Elsewhere said 
 
 that the distinction between a seat in an aisle and in the tliat there is no 
 ■ J - • • distinction. 
 
 body 01 the church is merely made a doubt or question m 
 
 some of the books, but there was no case in support of it, 
 and there is no distinction in the reason of the thing 
 itself (n). There is a distinction to be drawn between a 
 gallery and an aisle, inasmuch as a gallery is an erection 
 in the church, while an aisle is an addition to the build- 
 ing (o). 
 
 433. But there is no doubt that a person owning the Chapel ma); he 
 freehold of a private chapel can convey it. It cannot be o^t, and cannot 
 appendant or appurtenant to a manor in which it is not J^ appurtenant 
 situate, and the owner has a good right to convey his inte- 
 rest in it to another (p). 
 
 434. It is not necessary that the house be situate in House need 
 the parish if the claim be in respect to a seat in an aisle p^i^^ ™ * 
 or chapel {q). In the case of an aisle, this might be 
 accounted for on the presumption that the soil on which it 
 
 stands was originally the jftroperty of the person who built 
 it. For it was said by Chief Justice Abbott, that a pew 
 in a chancel may be the freehold of an individual (r). 
 
 435. It is not necessary that there should be any actual Chapel need 
 separation between the chapel, the area of which is claimed fy^m rest of 
 by prescription, and the body of the church. There are '^^'^'^^ 
 many chapels constituting to the eye, and being in fact. 
 
 (m) Pym v. Gorwyn, Moor, p. 878; May v. Gilbert, 2 Sulst. p. 161. 
 
 (») Lonsley v. Hayward, 1 T. ^' J. p. 586. 
 
 (o) Londonderry Cath., Zam TL, 8 N. S. p. 863. 
 
 ip) Chapman v. Jones, L. JR., i Ex. p. 283. 
 
 (i?) Davis V. Witts, Forr. p. 14; Lonsley v. Hayward, 1 F. ^ J", p. 586; 
 Churton v. Frewen, Z. JR., 2 Chanc. p. 634; Chapman «. Jones, Z. R., 4 
 JEx. p. 281. 
 
 (r) Mainwaring ». Giles, 5 S. 4' ^- P- 361. 
 
102 BOOK 11. LAW. — B. PARISH CHURCHES. 
 
 Cap. ir. an integral part of a parisli church, and attached to the 
 
 "P HV S C TIT T*— 
 
 TioN. residence of persons who have landed property in the 
 
 neighbourhood, and they are frequently treated as free- 
 holds of inheritance (s). 
 
 Rector's seat 436. The rector's seat in the chancel, unless it be ad- 
 mitted that he holds it for the purposes of taking part in 
 divine service, is somewhat similar ; but though the rector 
 or impropriator is entitled to the chief seat(<), no par- 
 ticular part of the chancel has been at any time specified. 
 
 Seat in aisle, or 437. The right, if in respect to a seat other than in an 
 
 appertain to a "-isle or chapel, must be claimed as appurtenant to a house, 
 
 house. ^^^ jjQ^ ^Q land without a house (m). 
 
 Reason for pre- 438. It was said by Lord StoweU that a person claiming 
 
 suming faculty , ^ • .i r Tj. • j.- i • t_ 
 
 is necessary. ^ P^^ must show either a faculty or prescription, which 
 
 wiU suppose a faculty. Mere presumption is not sufficient 
 
 without some evidence on which a faculty may reasonably 
 
 be presumed (ar). It is presumed that he was referring to 
 
 pews in the body of the church. 
 
 Elsewhere said 439. Referring to a pew in the chancel it was held by 
 
 need not^be ^^^ Privy Council, that there is no necessity to travel out 
 
 presumed. ^f one's way and set up the scarcely tenable presumption, 
 
 upon which a prescriptive right to a pew is generally said 
 
 to be based, that the right commenced by a faculty (y). 
 
 Distinction be- 440. It has also been held, that a pew in the iorfy of a 
 
 tween aisle and ii , -l. n r ij.ii 
 
 body of church church may be prescribed. lor as appurtenant to a house 
 
 Y'^^ d°ij'^ ^^' o^t of t^6 parish, although the origin of the right to the 
 
 pew cannot be traced. And that the distinction as to 
 
 such a prescription for a pew in an aisle, but not in the 
 
 body of the church, is merely made a doubt or question in 
 
 («) Chapman v, Jones, L. R., 4 Ex. p. 281. 
 
 (t) Hall V. Ellis, Noy, p. 133. 
 
 (u) Pettman v. Bridger, 1 Phill. p. 325. 
 
 (a) Walter v. Gunner & D., 1 Sagg. C. R. p. 322. 
 
 (,y) Parker v. Leach, Moore's P. C. Rep., 4 N. S. p. 201. 
 
e. PRIVATE SEATS. 103 
 
 some of the books ; but that there is no case in support of Cap. II. 
 it, and no distinction in the reason of the thing itself (z). tion. 
 
 441. But this doctrine may be doubted, because (as it Bat this doc- 
 has almost always been held) a prescription presumes a tpoe 1" es- 
 faculty, and it is probable that no faculty could ever have 
 
 been made by the ordinary in respect of a house out of 
 the parish, as a non-parishioner has no common right to 
 cede in return for the exclusive right which a faculty 
 gives ; therefore, such a prescription must fall to the 
 ground (a). It may be argued that the house may origi- 
 nally have been within the ecclesiastical district belonging 
 to the church ; but it must be borne in mind that pews did 
 not exist when the present boundaries of parishes were fixed. 
 
 442. It was said in the report of a parliamentary com- Denied by par- 
 mittee, that as the body of every parish church belongs of commission. 
 common right to all the parishioners, this right cannot 
 
 lawfully be defeated by any permanent appropriation of 
 particular places (b). 
 
 443. A prescriptive title to a pew in virtue of the Claim in right 
 ownership of an estate is a legal absurdity; a pew can absmrd^'^** 
 only be annexed by prescription to a house, and the 
 
 occupier of the house for the time being is entitled to the 
 use of the pew, and not the owner of the estate (c). 
 
 444. The tenants of land might be non-parishioners and It is in respect 
 could support no temporal right (rf). It is in respect to 
 inhabitancy that a pew is to be used (e). 
 
 to inhabitancy. 
 
 (z) Lousley v. Hayward, 1 Y. ij' J- p. 586 ; 7 Dowl. tj' -Hy. p. 564 ; see 
 Barrow v. Keen, Siderf, p. 361. 
 
 (a) See Fnller v. Lane, 2 Add. p. 427; Hallack v. Univ. of Cam., 1 
 Q. B. 593. 
 
 (5) Hop. of Lords' Committee on Spiritual Destitution (1858), p. xviii. 
 
 (c) WooUocombe v. Ouldridge, 3 Add. p. 6; Byerley v. Windns, 5 .B. ^ 
 C. p. 19. 
 
 ((?) Pettman -e. Bridger, 1 PJUll. p. 328. 
 
 (e) Gibson's Co. p. 221; Coke, Litt. p. 121 b.; Byerley v. Windus, 6 B- 
 4- a p. 18. 
 
104 
 
 BOOK II. LAW.— B. PARISH CHURCHES. 
 
 Cap. II. 
 Peesckip- 
 
 TION. 
 
 Where mes- 
 suage not 
 longer exist- 
 ing, prescrip- 
 tion fails. 
 
 Owner of house 
 cannot restrain 
 occupiers from 
 use of appur- 
 tenant pew. 
 
 Pew divided if 
 house divided. 
 
 Effect of aban- 
 donment by 
 one of owners. 
 
 Prohibition of 
 bishop granted 
 where wardens 
 claimed inde- 
 pendent dis- 
 posal of seats. 
 
 445. In the case of pews claimed as appurtenant by 
 prescription to a messuage or mansion house of an estate 
 which the claimant had purchased, but which messuage 
 is no longer ia existence, such claim is bad («). 
 
 446. If a seat is appurtenant to a house the owner of 
 the fee cannot restrain his tenant from the use of it, 
 because the seat is for the benefit of the house, namely, 
 for the inhabitants of the house, and not for the benefit of 
 the owner if he cease to inhabit it (o). 
 
 447. When a right to enjoy a pew is annexed to an old 
 dwelling-house, it may happen that in consequence of 
 such house being sub-divided, three or four families may 
 become entitled to use the pew belonging to the original 
 messuage, and they may require more accommodation. 
 A question may arise how many persons are entitled 
 to use the pew in respect of each of the sub-divisions; 
 but that is a matter to be settled among the respective 
 ovmers (p). 
 
 448. There is room to doubt what would be the efiect 
 of the abandonment of his right by one of such owners ; 
 whether in such case it would revert to the parish, or 
 accrue to the other owners. 
 
 449. In the parish of Ludlow the churchwardens, vdth 
 consent of the parishioners, used to dispose of the seats in 
 the church, and had disposed of certain seats to the bailiffs 
 of Ludlow, which being ruinous, they, by the command 
 of the baihifs, had pulled down and erected new ones. 
 And as aU customs and prescriptions are to be tried at 
 common law, a prohibition of a suit in the bishop's court 
 against the churchwardens for pulling down seats and 
 
 (n) Byerley v. Windus, 5 S. 4' C. p. 19. 
 
 ( o) Craig v. Watson, unpub. 
 
 (^p) Harris v. Drewe, 2 B. ^- Adol. p. 167. 
 
c. PRIVATE SEATS. 105 
 
 erecting others without a faculty from the bishop was Cap. II. 
 
 ~_-_i«J I \ Peesceip- 
 
 granted {q). ^^^^ 
 
 450. But it was elsewhere decided that parishioners xhe reverse ~ 
 cannot prescribe to dispose of pews to the exclusion of the held in all 
 ordinary : the churchwardens and the major part of the 
 inhabitants cannot jostle out his authority (r). 
 
 451. As to the mode of trying such questions of pre- Distinction be- 
 scription a nice distinction was made, where it was said, seLTand liberty 
 that if one claims to have a seat in a church he may ^ *^' there. 
 maintain trespass for infringing it ; but if he only claims 
 
 liberty to sit there, then he has an action on the case (s). 
 
 452. Thus, trespass was held to lie where the pew was Where tres- 
 in a small chancel or aisle {quddam cancellula), belonging ^^^ "" ®" 
 to the owner's house ; and his ancestors and predecessors, 
 
 time out of mind, had sat in this chancel to hear Divine 
 Service, and had also repaired and locked it. But the 
 reporter of the case thought, without the repair of the 
 aisle trespass would not have laid (s). 
 
 453. There are many authorities which show that the Action on case 
 heir may maintain an action against the parson, or others, ^nd not tres- 
 for the removal of a tombstone ; so also the owner of a ^'^'• 
 
 pew for violations of the right to enjoy it. In general 
 that right is conferred by the ordinary, and an action on 
 the case is the remedy for a mere obstruction (<). There- 
 fore an action on the case, and not trespass, is the proper 
 remedy for the obstruction or disturbance of a pew appur- 
 tenant to a house (m). 
 
 454. An action of trespass will not He for entering Claimant has 
 into a pew, because the plaintiff has not the exclusive possession. 
 
 (j) Colebach v. Baldwyn, 2 Lutw. p. 1032. 
 
 (r) Presgrave v. Chnrchw. of Shrewsbury, 1 Salk p. 166; Langley v. 
 Chute, Sir T. Raym. p. 246. 
 
 («) Dawtree v. Dee, Palm. p. 46. 
 
 (i) Spooner v. Brewster, 3 Bingh. p. 138; Co. Litt. p. 18 b. 
 
 (a) Devonshire's case, 36 Eliz., cited in Dawtree v. Dee, Palm. p. 46. 
 
106 
 
 BOOK II. LAW. — B. PARISH CHURCHES, 
 
 Cap. II. 
 Pkesceip- 
 
 TION. 
 
 Evidence. 
 
 Differing as 
 against dis- 
 tnrber or 
 bishop. 
 
 Claims against 
 bishop not 
 faroared. 
 
 Are construed 
 stricti juris. 
 
 What is neces- 
 sary to allege, 
 as against 
 bishop. 
 
 User always. 
 
 possession, the possession of the church being in the 
 parson. The word possession must always be understood 
 secundum subjectam materiam (m). 
 
 455. In proving a claim by prescription, there is a 
 great difference whether the claim is sought to be main- 
 tained as against a disturber, or against the ordinary (x). 
 The ordinary has, prima facie, the disposal of aU the 
 seats in the church, and a claimant must show some 
 cause, as building, repairing, &c. ; but against a stranger 
 who has, prima facie, no right, his possession is sufficient 
 ground (y). 
 
 456. The law does not favour claims against the ordi- 
 nary, and good ground must be shown before any right 
 against him can be established (z). 
 
 457. The general right to pews being in the parish and 
 the ordinary, any particular rights in derogation of these 
 are construed stricti juris. It is the pohcy of our law 
 that few of these exclusive rights should exist ; it being 
 the object of the law that all the inhabitants should be 
 accommodated (a). 
 
 458. As against the ordinary the plaintiff should claim 
 it, in his declaration, as appurtenant to a house or messuage 
 in the parish (6). He should also allege that he repaired 
 it, but this is not necessary in a dispute with a stranger (c). 
 
 459. In all cases user must be proved (rf); though it 
 need not be specifically pleaded (e). 
 
 (m) Stocks V. Booth, 1 T. R. p. 430. 
 
 (a) Ayliffe's Par. p. 486; Buxton v. Bateman, 1 KeMe, p. 370. 
 (y) Ashby v. Freckleton, 3 Levinz, p. 73. 
 (z) Walter v. Gunner & D., 1 Hagg. C. R. p. 323. 
 (a) Pettman «. Bridget, 1 PJiill. p. 324. 
 (S) Stocks v. Booth, 1 T. R. p. 432, citing Wilson's case, 
 (c) Kenrick «. Taylor, 1 WiU. p. 327; Ashby r. Freckleton, 3 Le-c. p. 73. 
 {d) Frances «. Ley (Star Chamber), Croke, 2 Jac. p. 366; Boothby «. 
 Baily, Mobart, p. 69; Knapp & ors. v. Nicholl, 2 Roberts. Eccl. Rep. p. 365. 
 (c) Merchant v. Whitepane, 2 Lev. p. 193. 
 
e. PRIVATE SEATS. 107 
 
 460. Against a disturber a jury ouglit to presume Cap. II. 
 
 "p t> ■p' Q /Tp T p„ 
 
 everything they fairly can presume, unless all ground of ^ion. 
 presumption be taken away by the facts disclosed at the Presumption 
 
 trial Cf"). against a dis- 
 
 ... . .^ turber. 
 
 461. It is impossible to determine a jartort what evidence ■w'hat evidence 
 will or will not be sufficient to support a right ; it must ^^ necessary. 
 vary in each particular case {ff). 
 
 462. It would take very strong evidence to induce a And for 
 behef that the bishop would grant a faculty to erect a seat 
 
 in a chancel belonging to a lay or clerical rector (A). 
 
 463. Long user and repair are the two main points to Long nser and 
 
 be proved in a claim by prescription. Where a church main points. 
 
 had been rebuilt forty years previously, and the plaintiff cient^where 
 
 was proved to have occupied a seat for thirty-six years, clmrct rebuilt 
 
 . about same 
 
 Wnies, J., said it was very common, after rebuilding, to time. 
 
 leave adjustment to rector and churchwardens, and he 
 
 supposed the plaintiff got his pew thus, in right of his 
 
 messuage. But after so long a possession he would pre- ETcrything 
 
 sume anything in favour of the plaintiff (i). This was against a 
 
 apparently upon the rule of presuming everything that '"™"S 
 
 can be presumed as against a wrongdoer. But here it 
 
 may have been assumed that the right was acquired in 
 
 the original building, and continued only, not commenced, 
 
 in the new one. 
 
 464. Where it appeared that the seat itself was built Claim for pew 
 thirty-five years ago, for the accommodation of the plaintiff years failed. 
 and to put an end to a dispute between two families, this 
 
 proof was holden to rebut the presumption which would 
 otherwise arise firom so long a possession {k). 
 
 (/) Grifath V. Matthews, 5 T. S.. p. 298. 
 
 ig) GrifSth ». Matthews, 5 T. R. p. 298; Pepper v. Barnard, 12 Lam J. 
 ( Q. S.) p. 361; and 7 Jur. p. 1128. 
 
 (h) Morgan ii. Curtis, 3 Jf. ^ Ry. p. 390. 
 
 (i) Rogers i}. Brooks, cited in Stocks v. Booth, 1 T. R. p. 481, n.; Mor- 
 gan V. Curtis, 3 M. ^ Ry. p. 394. 
 
 (/i) Griffith !). Matthews, 5 T. B. p. 298. 
 
108 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 Cap. II. 465. Possession of a pew in a cliurch for above sixty 
 
 TioN. years is not a sufficient title to maintain an action on the 
 rr~ ', case for disturbance in the enjoyment of it; tbe plaintiff 
 
 possession ia must prove a prescriptive right, or a faculty, and should 
 claim it in his declaration as appurtenant to a messuage 
 in the parish (Z). 
 House bnilt 466. In a claim for prescription for pew as appurtenant 
 
 insufficient. to a house, it appeared that the house had been built only 
 eighty years, which was not sufficient to give a prescriptive 
 right ; because it might be presumed that evidence of the 
 grant of a faculty was not extract in that time (m). 
 Thirty-eight 467. Occupancy for thirty-eight years of a pew in the 
 
 cef seat by ten- chancel by the tenant, and with permission of owner of 
 ant of manor liouse to which it was claimed as appurtenant, is sufficient 
 to enable occupier to successfully maintain a suit for per- 
 turbation of seat against the incumbent who had pulled 
 dovm the pew(w). 
 Thirty-five 468. In an action for disturbance evidence of continued 
 
 years' posses- .»,,.,/. ■• -, 
 
 sionissuffi- possession for thirty-tive years, unanswered and unex- 
 cient!^ against plained, would have been sufficient to support the plaintiff's 
 claim (as against disturber) ; and it was said that a jury 
 would have been warranted in presuming that a faculty 
 had been granted to the plaintiff 's ancestor to build this 
 pew in the chancel. But the case was not decided upon 
 this ground, as it was shown that the site had been pre- 
 viously occupied by an open seat in common occupation, 
 which destroyed the presumption (o). 
 Non-user 469. Non-user for twenty years would be nearly, if not 
 
 accounte or. q^j^g^ (.Qj^jiugiye against a claim by prescription (jt?). And 
 
 (?) Stocks V. Booth, 1 T. R. p. i28. 
 
 (to) Walter v. Gunner & D., 1 Sagg. C. R. p. 319. 
 
 (n) Parker v. Leach, Moore's P. C. Rep., i N. S.'g. 180. 
 
 (o) Griffith V. Matthews, 5 T. R. p. 298. 
 
 {p) Pettman v. Bridger, 1 PUU. p. 328. 
 
c. PRIVATE SEATS. 109 
 
 the reason why a pew has for a long time been unoccupied Cap. II. 
 
 "Presceip— 
 by the owner may be explained to the jury. Thus, where uon. 
 
 the plaintiff was of the Roman Catholic religion, and her 
 servants had frequently been of the same persuasion, the 
 use of two pews belonging to the house was much less 
 than, under other circumstances, would have been expected ; 
 and this was stated as accounting for the non-user (g). 
 
 470. An occupation by a person and his ancestors, even So 110 years' 
 for 110 years, has been held insufficient, it appearing that commencing 
 at the commencement of that time the pew was annexed ^''J' S™"^' ^^ 
 by an agreement with the vestry (r). 
 
 471. In a case where a pew in the chancel was built by Thirty- two 
 the rector in 1797 for the occupation of his family resident cfe"t f or "eat 
 in a new house, and after his death used by the tenants of ^° chancel, 
 the same house till 1829, and a question then arose whe- 
 ther the pew had become appurtenant to the house, it was 
 considered that no prescriptive rights had been ac- 
 quired (s). 
 
 472. Length of time avails nothing where the origin is Plea of time 
 
 , , ^ fails if origin 
 
 known (^). be known. 
 
 473. In one case where a pew was prescribed for in Possession 
 respect of a house, affidavits were made that the person habitancy of 
 so prescribing was not nor is an inhabitant there ; but house sufa- 
 it was held that possession only, without hving there, is 
 
 enough (m). But this may be doubted. 
 
 474. On the other hand it was held that, as a pew Occupation 
 would generally go with a house, mere occupation alone sufficient, 
 is not sufficient to force the jury to find a right (v). 
 
 475. Repair by the claimant is also generally deemed Eepair is gcne- 
 
 ' rally necessary. 
 
 (j) Pepper v. Barnard, 7 Jiir. p. 1129. 
 
 (r) Puller v. Lane, 2 Add. p. 432. 
 
 (») Opinion of Dr. Lushington (MS.). 
 
 (<) Blake v. Usbome, 3 JETagg. p. 733. 
 
 (m) Vin. Air. " Proliilition " (G.); S. C. Anon. 12 Mod. 40. 
 
 (») Morgan v. Curtis, 3 M. 4' Ry. p. 394. 
 
no 
 
 BOOK II. J.AW. — B. PARISH CHURCHES. 
 
 Cap. II. 
 Peesceip- 
 
 TION. 
 
 Doubted 
 whether essen- 
 tial evep. 
 against war- 
 dens. 
 
 Not necessary 
 against dis- 
 turber. 
 
 ITovmerly nn- 
 decided where 
 no repairs have 
 been necessary. 
 
 Now held not 
 
 absolutely 
 
 necessary. 
 
 But, if any, 
 must have 
 been done by 
 inhabitants of 
 house. 
 
 Aisle belongs 
 to parish, if 
 repairers. 
 
 a necessary element in support of his claim {x) ; though 
 not in respect to a seat in the chancel as against a dis- 
 turber (y). 
 
 476. In the case of Pepper v. Barnard (z), the court 
 would not decide whether, in an action against church- 
 wardens for disturbance of a pew, proof of repairs is neces- 
 sary. 
 
 477. It is otherwise as against a disturber, for it is a 
 rule of law that one in possession need not show any rule 
 or consideration against a wrongdoer. 
 
 478. What might be the effect of a very long occupancy, 
 where no repairs have been necessary, does not appear to 
 have been decided (a). 
 
 479. But it was held in a modern case, that evidence of 
 the fact of repair is not absolutely necessary, simply be- 
 cause repair may not, within the memory of any one hving, 
 have been required (J). 
 
 480. If any repairs have been required within memory, 
 it must be proved that they have been made at the expense 
 of the party setting up the prescriptive right. The onus 
 and lenejicium must go together : — mere occupancy does 
 not prove the right (c). 
 
 481. When an aisle has been used to be repaired at the 
 charge of all the parish ia common, the ordinary may 
 appoint whom he pleases to sit in it, notwithstanding any 
 usage to the contrary {d). 
 
 (») Ayliffe's Parer. p. i86; Frances v. Ley, Crolte, 2 ./"fl.c. p. 366j 
 Boothby v, Bailey, Hohart, p. 69; Buxton v. Bateman, 1 Keile, p. 370; 
 WooUocombe v. Ouldridge, 3 Add. p. 6. 
 
 (?/) Buxton V. Bateman, I Kehle, p. 370. 
 
 («) Pepper v. Barnard, 7 Jur. p. 1129. 
 
 (a) See Pettman v. Bridger, 1 PMll. p. 325. 
 
 (J) Knapp V. Mcholl, 2 Rolerts. Eccl. Rep. p. 366. 
 
 (fl) Pettman -!'. Bridger, 1 PUll. p. 325. 
 
 id) Prances v. Ley, Oro. Jac. p. 366, 
 
u. PRIVATE SEATS. 1 1 1 
 
 482. Very slight repair will, therefore, suffice ; and, as Cap. II. 
 thirty years in the Ecclesiastical Courts constitute a pre- tion. 
 
 scription, it is not necessary to go back further mth evi- Evidence of 
 aence oi repau: i^e). tl,irty years 
 
 483. Cleaning done by the parish is not repair to affect ™ffi<='e'^'- 
 
 a prescriptive right(/). SaTr!"'""' 
 
 484. Lining a pew and putting in cusluons is not to be Nor lining. 
 a repairing, or an act of ownership, it being a mere ques- 
 tion of comfort {ff). 
 
 485. Constant sitting and burying, without using to re- sitting and 
 pair, does not suffice (A). _ _ Slctr 
 
 486. The fact of repair must be pleaded in order to Eepair must be 
 maintain a claim as against the ordinary (z). pleaded as 
 
 >= ./ \ y against bishop. 
 
 487. If repair were at any time done at the expense of Repair by 
 the parish, that circumstance would tend strongly against ^ prescription 
 a claim by prescription (k). 
 
 488. The ordinary has prima facie the disposal of all Title must be 
 the seats in the church, and against him a title or con side- p^ved as'' 
 ration must be shown in the declaration and proved (Z). against bishop. 
 
 489. As against a disturber the plaintiff may declare Sufficient to 
 upon his possession, without aUegina- usaere to repair, P.'^^*^ posses- 
 
 , , & t) t! jr ' sion as against 
 
 prescription, or other ground of action, for that may be disturber. 
 proved in evidence {m). 
 
 (e) Knapp v. Nicholl, 2 Roberts. Heel. Rep. p. 367. 
 
 (f) Churton v. Trewen, L. R., 2 Ex. p. 657. 
 
 ijg) Morgan v. Curtis, 3 M. ^- Ry. p. 393; Pettman v. Bridger, 1 Pliill. 
 p. 332. 
 
 (A) Frances v. Ley, Cro\e, 2 Jac. p. 366. 
 
 (i) Stedman v. Hay, 1 Comyn's Rep. (2nd ed.), p. 368; Bradbury v. 
 Burch, 1 Jones, p. 4; Ashby v. Preckleton, 3 Lev. p. 73; Fuller ». Lane, 
 2 Add,. 427. 
 
 (Ji) Knapp V. Nicholl, 2 Roierts. Eec. Rep. p. 366; Frances v. Ley, 
 Crohe, 2 Jac. p. 366. 
 
 (J) Bum's Ecel. L. p. 362; Kenrick v. Taylor, 1 ^V^Uon, p. 326. 
 
 (m) Comyn's D\g. "Action on Case for Disturbance" (A. 3); 1 Lev. 
 p. 71; 2 Lev. p. 193; 3 Lev. p. 73; I Sid. pp. 88, 203. 
 
112 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. ir. 490. The usual mode of declaring in an action on the 
 
 ^*TioN.'^' '^"■^^ ^°^ disturbance is, to the eflEect that the plaintiff was 
 
 Usual form of possessed of a certain messuage, and, by reason thereof, 
 
 declaration. ought to have for himself and family, inhabiting the said 
 
 messuage, the use and benefit of a certain pew in the 
 
 chancel (or otherwise) of the church of .... to 
 
 hear and attend divine service therein, as to the said 
 
 messuage belonging and appertaining (jw). 
 
 Repair of one 491. An action on the case being brought against the 
 
 as to all under churchwardens, it appeared, that so far as living memory 
 
 same title. extended, there had been three pews adjoining each other 
 
 — one used by the family, another by their servants, and a 
 
 third by a farmer residing on a farm, the house belonging 
 
 to which was the ancient mansion of the family. It was 
 
 held that proof of repairs done to one of these pews was 
 
 evidence as to all, and, therefore, included the pew in 
 
 question («). 
 
 Repair by a 492. It has been held a good prescription to say, " that 
 
 good. time out of mind the corporation did repair such an aisle 
 
 of the church, ratione cujus the mayor and aldermen sat 
 
 there." For though the right be in the whole body, the 
 
 enjoyment may be and enure to a select number (o). 
 
 Cost may be 493. Where the members of a corporation have, as such, 
 
 borough. occupied a particular pew in the parish church, the repairs 
 
 of it may be properly charged on the borough fimd { p). 
 Rebuilding by 494. Where a pew has been rebuilt by the parish, there 
 
 parish acts as a ini • p,i ,,i • ^ t 
 
 cession. would be a cession oi the pew to the parish, unless some 
 
 express agreement to the contrary could be shown (j). 
 
 (m) Stocks V. Booth, 1 T. B. p. 430; and see Morgan v. Curtis, 3 M. .^ 
 Sy. p. 389. 
 
 (n) Pepper v. Barnard, 7 Jur. p. 1128. 
 
 (o) Jacob V. Dallo, 6 Mod. p. 231. 
 
 (^) Reg. V. Mayor of Warwick, 10 Jur. p. 262, and 16 Z. J., Q. B. 
 p. 306. 
 
 iq) Pettman v. Bridger, 1 PMU. p. 329. 
 
c. PRIVATE SEATS. 113 
 
 495. But where the pew has been destroyed by the Cap. II. 
 parish in consequence of the rebuilding of the church, and ^jqj^ 
 without the consent of the owner, that fact could not ^ot so when 
 divest him of his right to a pew built on the same spot (r). destroyed by 
 
 496. Payment of rent proves that those who paid it church. 
 
 could have no exclusive rights either by faculty or pre- ^^°' ^^ conclu- 
 
 o J J 1. g,yg against 
 
 SCription («). claim. 
 
 497. An old entry in the vestry book, signed by the Entry in vestry 
 churchwardens, stating that the pew had been repaired by wardens good 
 a former owner of the messuage, under whom the plaintiff evidence. 
 claimed, in consideration of his using it, was held to be 
 admissible evidence in svipport of the plaintiff's right, as 
 
 having been made by the churchwardens within the scope 
 of their official authority (i). (So given by Taylor on 
 Evidence (m). Sed quczre. As reported, the entry seems 
 rather to indicate a commencement of occupation, and, by 
 showing the date of origin, to put an end to a claim by 
 prescription). 
 
 498. But old entries in a vestry book made by a church- Bntnot unless 
 warden, apparently not in the discharge of any public duty, tered. 
 
 and by which he has not charged himself, but merely 
 memoranda of repairs done, are not evidence {x). 
 
 499. A hatchment and inscription, certainly more than Hatchment and 
 
 c • -I • 1 inscription may 
 
 100 years old, though not thrown out ot consideration, but assist proof, 
 giving it aU its just weight, is only an element in the case 
 of ownership (?/). 
 
 500. The fact of a pew having formerly been open Strong adverse 
 
 , . ° /. ^ probability 
 
 would operate very strongly against any claim to a pre- where pew was 
 
 scription, because the difference between an open and a °'^™®'^ ^ °P^"' 
 
 (?•) Swetnam v. Archer, 8 Moi. 338. 
 («) Parham v. Templar, 3 Phill. p. 518. 
 (i) Price 13. Littlewood, 3 Camp. p. 288. 
 (w) Taylor on Evidence, p. 1415, par. 1578. 
 (ic) Cook V. Banks, 2 C. \- P. p. 478. 
 (jy) Chapman v. Jones, L. B., 4 Ex. p. 283. 
 H. VOL. II. I 
 
114 
 
 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 Cap. it. 
 
 Pbesceip- 
 
 TION. 
 
 Enlarging 
 gives strong 
 adverse infer- 
 ence. 
 
 Priority in 
 seat may be 
 prescribed for. 
 
 Also any par- 
 ticular place in 
 a seat. 
 
 In contentions 
 abont priority, 
 bishop may 
 inhibit tem- 
 porarily. 
 
 Joint prescrip- 
 tion, whether 
 tenancy in 
 common or 
 otherwise. 
 
 closed pew is so strong, that the probability is, that so soon 
 as the party had ascertained his rights, he -would inclose ; 
 the fact of the seat having formerly been open, destroys 
 the prescription (y). 
 
 501. The fact of enlarging a pew, though it would not 
 of itself destroy the prescriptive rights may operate on a 
 jury as to the existence of such prescriptive right; since if 
 it existed, the party would have put it in hazard by the 
 enlargement (z). 
 
 502. Where a man claimed the upper place in a seat in 
 the church, and was disturbed in a violent manner ; and 
 the bishop sent an inhibition against the former until the 
 matter should be determined before him ; a prohibition 
 was granted, because as well the priority in the seat as the 
 seat itself may be claimed by prescription (a). 
 
 503. In like manner may an inhabitant, in respect of his 
 house, prescribe to first, second or third place in the same 
 seat, which has immemoriaUy been repaired by him, and 
 the rest who jointly sit with him (6). 
 
 504. If there be any contention about the priority, the 
 bishop may inhibit them from making a disturbance until 
 the controversy be tried in the temporal court, and may 
 excommunicate the disturbers (c). 
 
 505. If two pretend to have title to a seat by prescrip- 
 tion, and thereupon jointly bring an action on the case for 
 a disturbance, and declare upon a joint right and prescrip- 
 tion ; if upon the evidence it shall appear that they are not 
 joint tenants, but tenants in common, they cannot recover, 
 but must be nonsuited. Because such evidence does not 
 
 {y) Morgan v. Curtis, 3 M. 4' Ry. pp. 390, 392. 
 
 (z) Ibid. p. 393. 
 
 (a) Carleton v. Hutton, Noy, p. 78, and Latch, p. IIG, and Palm. p. 
 424. 
 
 (J) Prid. p. 300. 
 
 (c) Carleton D. Hutton, IVoy, p. 78, and Latch, p. 116, and Palm. p. 
 424; Buxton v. Eatcman, 1 Sid. p. 89. 
 
c. PRIVATE SEATS. 115 
 
 maintain the title upon whicli they bring their action, and cap. II. 
 as tenants in common they cannot make a joint prescrip- *xmn.^^' 
 
 tion, but ought to prescribe severally (d). 
 
 506. As to the abandonment of an admitted right by Abandonment 
 prescription, there seems a doubt as to the necessary means. preOTiption. 
 In a case where the owner of a chapel agreed that the Grant under 
 churchwardens should partition off and fit up part, and ^'^^ necessary. 
 place parishioners there ; which being done at the expense 
 
 of the parish, he revoked the permission and brought an 
 action against the churchwardens for disturbance ; it was 
 held in the Queen's Bench, on the authority of "Wood v. 
 Leadbitter, that there having been no deed there was no 
 grant, and the plaintiff might revoke the licence (e). 
 
 507. Sed quare. It is not an easement in land ; the Doubt as to 
 plaintiff has nothing in the soil of the pew, nor does the granTnuder^ 
 agreement profess to convey any easement to the defen- ^^'^^• 
 dant, which distinguishes it from that case. An easement 
 
 cannot be granted save by deed. Had this licence been 
 to do an act on the plaintiff's soil, it might have been revo- 
 cable as being a grant of an easement, and yet not under 
 seal ; but it is to do an act on the soil of another, for the 
 pew is the rector's freehold (_/). (As to abandonment of 
 right of way by non-user, Ward v. W., 21 L. J. {Exch.) 
 334; and Queen v. Chorley and anor., 12 Q. B. 515.) 
 
 508. In the case referred to as the authority for the Licence, if not 
 decision, it was held that a licence under seal, if a mere nnder seal, 
 licence, is as revocable as a hcence by parol ; and a licence pjj^J!^™'^''^^^ ^^ 
 by parol coiipled with a grant of a nature capable of being 
 
 made by parol, is as irrevocable as a licence by deed. But 
 a licence by parol, coupled with a parol grant or pretended 
 grant of something which can only be granted by deed, is 
 
 ((Z) Snelgrave v. Brograve, Palm. p. 161; Watson, p. 387. 
 
 (,«) Adams v. Andrew, 15 Q. B. p. 284. 
 
 (/) Oliphant, pref. xv.; referring to Adams v. Andrews. 
 
 I2 
 
116 
 
 BOOK II. LAW. — B. rARISH CHURCHES. 
 
 Cap. II. 
 Peescbip- 
 
 TION. 
 
 Permitted 
 use by tenant 
 for twenty- 
 years is vir- 
 tually an aban- 
 donment. 
 
 Facilities for 
 surrender 
 given by Act of 
 1869. 
 
 Materials in 
 nature of heir- 
 loom. 
 
 What are heir- 
 looms. 
 
 a mere licence : it is not an incident to a valid grant, and 
 is therefore revocable (</). 
 
 509. A pew annexed to a mansion hj a prescriptive 
 title, and formerly used by the servants of the family, had 
 been occupied upwards of twenty years by a tenant of 
 some of the land belonging to the estate. This tenant 
 continued to use the pew until his death, which took place 
 three years after the expiration of his tenancy. The 
 owner of the mansion had lined and cushioned the pew to 
 accommodate his visitors, when that in his own occupation 
 was full. It was held that the fact of another person (a 
 tenant on the estate), having had possession for so long a 
 time, was virtually an abandonment of the right to the 
 pew (A). 
 
 510. By an Act passed in 1869, whenever by virtue of 
 any public or private act, or any deed or instrument, any 
 sittings in a church or chapel of the Church of England 
 are subject to any trust as to the grant, demise, sale or 
 disposal thereof, or are the private property of any person, 
 the trustees or other persons are empowered to surrender 
 the same absolutely by deed to the bishop, or the eccle- 
 siastical commissioners; and such sittings then become 
 subject to the same laws, as to aU rights and property 
 therein, as the pews and sittings of ancient parish churches 
 are now subject to (i). 
 
 511. The property in the materials of a pew held, or 
 once held by prescription, resembles that in a monument, 
 and is in the nature of an heirloom (A). 
 
 512. And heirlooms are such things as go by special 
 custom and not by common law (Z); the termination loom 
 
 0) Wood V. Leadbitter, 13 M. 4' W. p. 838, and Lam J. Rejp., \i JV. S., 
 Ex. p. 161. 
 (7t) Pettman v. Bridger, 1 PUll. p. 331. 
 (i) 32 & 33 Vict. c. 94, ss. 2, 3 & 6. 
 
 {h) Corven's case, 12 Co. Rep. p. 106; 3 Slacltst. Com. p. 429. 
 il) U Vin. Ahr. p. 291. 
 
e. PRIVATE SEATS. 117 
 
 is derived from the Saxon word Leome, which signifies a Cap. ir. 
 umb, branch or member (m), so that an heirloom is tion. 
 
 nothing else but a limb, branch, or member of the in- 
 heritance (w). 
 
 513. Now, monuments, coats of arms painted in the Monuments are 
 ■windows or elsewhere, pennons, hatchments, &c., put in igQ^_ 
 
 the church for the memory of the deceased buried there, 
 are a sort of heirlooms, and when once regularly set up 
 they cannot be pulled down again, either by the church- 
 wardens, minister, or ordinary, because they belong to the 
 heir (o). 
 
 514. The right of property in the wood-work of a pew. Wood-work of 
 held by a prescriptive title and good against the ordinary, prescription ^ 
 appears to be similar to that in a monument. In each ^^ similar, 
 case the material is attached to the parson's freehold, and 
 
 in neither case can he puH the erection down (p). And 
 Mr. Justice Dodderidge seems to have been of this opinion 
 in the case he mentioned dm-ing the argument in Gilbert's 
 case (q). 
 
 515. Now, as the property in monuments, tombs, &c.. So owner of 
 remains in the heir (r), and does not go to the parson, perty in its 
 who has the freehold, it would seem that, a fortiori, a "^tenals. 
 person erecting a pew, or the owner of one already erected, 
 
 on a place to which he has a prescriptive right against the 
 ordinary, in respect of a house or messuage in the parish, 
 has some property in the wood-work of the pew. 
 
 516. And in the celebrated case of Lady Wyche, in Lady "Wyche's 
 1468, which was a suit in the King's Bench against the 
 
 parson for removing the coat-armour and pennons of arms 
 
 (?«.) Bosworth's Anglo-Saxon Die. s. v.; 2 JBla. Com. p. 427; Co. Lift. 
 p. 18 b, 
 
 («) 2 Steph. Com,, p. 242 (6th ed.). 
 
 (o) Prid. p. 101; 3 Co. Inst. p. 202; Corven's case, 12 Co. liejy. p. 105. 
 
 (j>) See Degge, pt. 1, cap. xii. 
 
 iq) May v. Gilbert, 2 Bnls. p. 151. 
 
 (;•) Dcgye, pt. 1, cap. xii. 
 
1 18 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. n. and sword of Sir Hugh Wyche, her late husband, from 
 
 ^"■noN^^" *^® chapel where he was buried ; and was decided in her 
 
 favour. The reporter or compiler adds : " Query as to 
 
 this matter, for I understand that the oblation shall be 
 
 adjudged according to the intent of the donor" («). 
 
 Cloth provided 517. And even in a case where black cloth had been 
 
 huns TO in° hung up in a church, in memory of the Princess Charlotte, 
 
 church, rector and no agreement had been entered into with the rector, 
 cannot remove. 
 
 it was held, by Mr. Justice Bayley, that the rector had 
 
 no right to take any of the cloth, because by law he was 
 
 not entitled to take such a property, unless by matter of 
 
 agreement with the parties to whom it belonged (f ). 
 
 Materials of 518. The churchwardens cannot claim the materials of 
 
 otherrdonot ^ pcws they have not put up, and the clergyman has them 
 
 belong to qj^Ij -^^^hen the pew has been built by a person having no 
 
 wardens. j'iffht to put them there: therefore the property in the 
 
 materials of a pew built by a person having a prescriptive 
 
 title, is neither in the clergyman nor churchwardens. 
 
 Apparently to 519. Consequently, assuming, as it has been decided, 
 
 owner of pew. ■ ..• • i.i i. 
 
 that a person can have a prescriptive right to a pew 
 against the ordinary, the materials, when taken down, 
 would certainly seem to belong to the owner of the pew. 
 Action for 520. As a grant of a part of a chancel, by a lay impro- 
 
 puUing down, . . ^ . ^ . . ,.-, 
 
 not maintain- priator to a man and his heirs and assigns, is not vaud 
 grantee.™^'^ in law, the grantee or those claiming under him can- 
 not maintain an action for pulling down pews there 
 erected (m). 
 Claims for pre- 521. One very detrimental effect arising from prescrip- 
 
 scription fre- . .,.,... . , . ^ . . „ 
 
 qneut cause of tive titles IS their giving rise to an infinite number of 
 
 itigation. claims founded on possession only, and which, should they 
 
 be investigated, might not be legally maintainable. Since, 
 
 (s) Tear JBooli, 9 Ed. IV. (ed. 1507, p. 14). 
 
 (f) Cramp v. Bayley, Degge's P. C, Ellis' cd. p. 218, n. 
 
 («) Clifford V. Weeks, 1 B. ^- A. p. 498. 
 
c. PKIVATE SEATS. 119 
 
 for practical purposes, it is not easy to define what is abso- Cap. II. 
 
 1.1 > >*i> JrllESCRIP- 
 
 lutely necessary to constitute prescription, claims are set tion. 
 
 up of a doubtful character, which greatly impede the 
 churchwardens, and in some cases the court, in making 
 arrangements for the distribution of the church room, 
 which the interests of the parish most require {v). 
 
 522. Prescription is said to be the highest kind of title. Prescription 
 
 J i-i IT 1 n-i 1 pi-,T affected by Act 
 
 and one which can only be altered by Act of Parhament. for nniou of 
 A recent Act has lately meddled with such titles. The "'^ <=l^"'<=''e'- 
 Act for imiting city churches provides that where parishes 
 have been united, the bishop may issue a faculty to alter 
 and re-adjust the seats and their appropriation, so that at 
 least half be unappropriated ; and the remainder shall be 
 at the disposal of the churchwardens (under the control of 
 the bishop) for the use of the parishioners of the imited 
 parishes, discharged from all prescriptive and other pre- 
 existing rights (x). 
 
 523. As it has ah-eady been stated, the Ecclesiastical Jurisdiction of 
 Court has power to try all questions respecting pews. Court. ' 
 except where a prescriptive right intervenes and is not 
 admitted (for if the prescription be admitted the Eccle- 
 siastical Court may go on with the cause [y], because it 
 
 has jurisdiction over the subject-matter). 
 
 524. In Hke manner the interference of any other court Prohibition of 
 with the Ecclesiastical Court may be stopped by prohibi- interferin"-. 
 tion. Thus in a suit before the Court of High Commission 
 
 at York against a clergyman for non-residence, disturbing 
 some of the congregation in church, and other disorderly 
 conduct, a prohibition was granted, for the complaint in 
 such matters ought to be made to the ordinary (2). 
 
 {v) Rejiort on Eccl. Courts, 1832, 12mo. ed. p. 131. 
 (x) 23 & 24 Vict. c. 142, s. 28. 
 
 (y) Jacob v. Dallow, 2 Salh. p. 551, and 2 Ld. liaym. p. 755; Fall v. 
 Hutcbins, 2 Cowp. p. 424. 
 
 (z) Howson's ca.5e, Litt. Urji. p. 152. 
 
120 BOOK II. LAW. — B. PARISU CHURCHES. 
 
 Cap. II. 525. Where there is a question of prescription to be 
 
 PeESCEIP- • -, 1 /-1T-11-.1/-S 
 
 TioN. tried, the power of the Ecclesiastical Court ceases (except 
 
 Prohibition hy consent of parties), and any attempt to exercise such 
 by Kin jr"'^*^ power may be at once met by a prohibition granted by the 
 
 Bench, Ex- King's Bench (z), or Exchequer (a), or Chancery (S). 
 chequer or „. •' ^ y 
 
 Chancery. 526. It would appear from certain Articles touching 
 
 Abuses arising abuses in tile qrantinq of Prohibitions, exhibited by Arch- 
 
 f rem lavish . J J J ' J 
 
 prohibitions at bishop Bancroft, in the name of the ychole clergy, to the 
 Lords of the Privy Council in 1603, that prohibitions of 
 the Ecclesiastical Courts were granted freely and often on 
 very frivolous pretences, at any time in the suit and after 
 several sentences, and even at the instance of the plaintiff 
 in the suit ; causing great expense, and repeatedly to the 
 extent of as many as six prohibitions and consultations in 
 one suit ; and were only removable by consultation after a 
 length of time, and at great cost, although the prohibition 
 was granted quickly, on ex parte statement and in cham- 
 bers. And the king's authority was greatly impugned by 
 such prohibitions (c). The subject continued for a long 
 time under consideration (d). 
 Grounds of 527. The general grounds of a prohibition to the E ccle- 
 
 defect of 'juris- siastical Courts are either a defect of jurisdiction, or a 
 
 diction, or m (Jefect in the mode of trial. If any fact be pleaded in the 
 mode of trial. _ . . 
 
 Ecclesiastical Ecclesiastical Court and the parties are at issue, that court 
 Court cannot ■\^^^ ^q jm-isdiction to try it, because it cannot proceed 
 fact- according to the rules of common law, and in such case a 
 
 prohibition lies. Or where the Spiritual Court has no 
 original jurisdiction a prohibition may be granted (e). 
 
 (i) Witcher r. Cheslom, 1 Wilson, p. 17. 
 (ff.) Smyth's case, 2 Cmmp., Mecs. ,f It. p. 7oi. 
 (b) 1 Peere Wins. p. 43. 
 (f) 2 Coke's Inst. p. 602. 
 
 (d) A5 appears, e.ff., from a letter from the Archbishop to the Bishop 
 of Worcester in 1G08-9, Worcester Registry, Hcc/. Bidlinghain. 
 («) Leman v. Goulty & anor., 3 T. It. p. 4. 
 
e. PRIVATE SEATS. 121 
 
 528. But otherwise if the prescription be admitted as a Cap. ir. 
 defendant does a modus or pension by prescription (/). tion. 
 
 529. The Spiritual Court may in several cases proceed May proceed if 
 upon Ubels grounded on prescription where the prescrip- prescription be 
 tion is not denied (so that such suits are not absolutely Reason for pro- 
 coram non judice): and the reason why a prohibition J''?'^°".' '" '''f' 
 
 "' ' . . . fering time of 
 
 shall be granted where the prescription or custom is prescription. 
 denied, seemeth to be this; that the notion of customs 
 and prescriptions is different, by the ecclesiastical law, from 
 what it is at common law as to the time in which such 
 custom or prescription may be created ; for the ecclesias- 
 tical law allows of different times in creating customs or 
 prescriptions, and generally of less time than is allowed of 
 in common law, which owns no time in such case, but 
 that whereof there is no memory of man to the con- 
 trary (ff). 
 
 530. Prohibitions are granted either absolutely, or Prohibition is 
 quousque, only till such an act be done ; e. g. the denial or g^uous(iuc. 
 of a copy of the libel, when the prohibition is ipso facto 
 discharged by granting the copy. The first of these is 
 peremptory, and ties up the inferior jurisdiction until a 
 consultation ; the second is ipso facto discharged upon 
 performing the act (A). 
 
 531. A prohibition is commonly said to be a charge, by Definition of 
 the king's writ, directed to the Spiritual Court, forbidding 
 
 them to proceed further in a certain cause then depending, 
 formerly upon a suggestion, but now on an affidavit, 
 either that the cognizance of the cause does not belong to 
 them ; or that they are dealing with some point beyond 
 their jurisdiction ; or that they are proceeding otlierwis^e 
 than the law warrants (z). 
 
 (/) Jacob c. IJallow, '1 Salk. p. ool, aud Ld. Tluijin. p. 755. 
 {g) Watson, u. 39; Burn, p. 366. 
 
 {h) Bac. Ah: "Prohibition " (F); Anon. 6 Mod. p. 308. 
 (i) Ayliffe's Parerg. p. 13u; Wood's Inst. p. 525. 
 
122 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. II. 
 Pbeschip- 
 
 TION. 
 
 Granted for 
 want or excess 
 of juriscliction, 
 or for defect of 
 ti-ial. 
 
 Prohibition 
 Tvlien plea of 
 prescription 
 was rejected. 
 
 For a seat, only 
 on acconnt of 
 prescription. 
 
 Unsound dis- 
 cretion is sub- 
 ject of appeal, 
 not prohibi- 
 tion. 
 
 "Want of 
 original juris- 
 diction is fatal. 
 
 532. Prohibition may be granted where it is shown 
 that the court is proceeding contrary to the general law of 
 the land, or beyond its jm-isdiction (A), and either jfi-om 
 want or excess of original jurisdiction or defect of trial ; 
 thus where an issue is raised upon a question of fact, 
 which can only be tried by a jury in the temporal 
 court (i). 
 
 533. In a suit in the Ecclesiastical Court upon an 
 application for a faculty for a seat, a prescriptive right to 
 the pew as appurtenant to a messuage and always re- 
 paired, was pleaded in opposition; but the court rejected 
 the plea. Prohibition was granted both for want of juris- 
 diction and want of trial (k). 
 
 534. Where a person is sued in the Ecclesiastical 
 Court for a seat in the church, if he would obtain a pro- 
 hibition and oust the ordinary of jurisdiction, he must 
 show such a legal title as cannot be tried in the Ecclesias- 
 tical Court, and this can only be by prescription (?). 
 
 535. If an unsound discretion be exercised by the 
 Ecclesiastical Court, it is a ground of appeal (m). Thus 
 if the ecclesiastical judge give a wrong sentence on the 
 merits, where he has jurisdiction, that is the subject- 
 matter of appeal, and not of prohibition (re). 
 
 536. It is very clear that an Ecclesiastical Court can- 
 not proceed in any cause, where it has not an original 
 jurisdiction of the subject-matter ; and if it does, a prohi- 
 bition goes of course (o). 
 
 (/() Ex parte Smyth, 2 Crnmpt., M. ^- B. p. 754; and 5 Nev. S,- M. p. 
 149; 5 Adol. 4' E. p. 724; I liar. <|- W. p. 419. 
 
 (i) Byerley v. Windus, 5 S. 4' C. p. 1; Hallack «'. Univ. of Cam., I 
 Q. B. p. G15. 
 
 (Jt) Swetnam v. Archer, 8 Mod. p. 338. 
 
 Q.) Stedmau r. Hay, 1 Com. B. p. 368. 
 
 (m) Butt v. Jones, 2 Hagg. p. 424. 
 
 (») Leman v. Goulty, 3 T. B. p. 5; Griffin v. Ellis, 11 .1. ^- E. p. 75y. 
 
 (o) Darby v. Co.sens, 1 T. R. p. 555. 
 
c. PRIVATE SEATS. 123 
 
 537. Thus prohibition lies when one sues another in the Cap. II. 
 Spiritual Court for a lay fee, that is, for lands or tene- ^j^j^ 
 ments, &c. (p). Ab in suit for 
 
 538. And if one sues another in the Spiritual Court for « lay fee. 
 
 a chattel, a debt or a trespass, prohibition lies (g). j^j o^ trespass. 
 
 539. Thus a prohibition was granted to stay a suit in Or for break- 
 
 T ct • • 1 rt f 1 1 • 1 • ^ 1"S open a 
 
 the opuTitual Court, lor breaking open a chest m the chest and tak- 
 church, and taking away the title-deeds of the advowson, J^efdrof^ad- *' 
 because the title-deeds being subject of the suit, only Towson. 
 trespass or trover could be maintained in the temporal 
 courts for taking them (r). 
 
 540. But where a person was hbelled in the Sp)iritual Spiritual 
 Court for taking the church bells, the Court of Queen's jurisdiction 
 Bench refused to grant a prohibition, because though the movins°the^^' 
 churchwardens might have maintained an action at com- church bells. 
 mon law, the most proper remedy was in the Spiritual 
 
 Court (s). The parties who libelled being custodies of 
 the property, and the bells being the goods of the 
 church (<). 
 
 541. A person (? parson) libelled against the defendant Nor for cutting 
 in the Spiritual Court of York for having cut elms in the churchyard, 
 churchyard ; and a prohibition was granted, upon sugges- 
 tion that they grew on his freehold (m). 
 
 542. And a suit cannot be maintained in the Ecclesias- Nor for brcak- 
 /-i t -I f 1 T • '"S church 
 
 tical Court, agamst a churchwarden, for breaking a church wall. 
 
 wall, and cutting down the boughs of trees in a church- 
 yard. For the rector having a freehold in him has a 
 right to bring liis action ; and, therefore, the party must 
 
 (;;>) F. N. B. p. 40 (I.); Vin. Air. " Proliibition " (F. 1). 
 {q) F. N. B. p. 40. 
 
 ()•) Gardner v. Parker, 4 T. B. p. 351. 
 («) Welcome v. Lake, 1 Sid. p. 281; 2 Keh. p. 22. 
 
 (i) Gardner v. Parker, 4 T. R. p. 351; but see Starky v. Churchwardens 
 of Watlington, 2 Salli. p. 547. 
 
 (w) Hilliard v. JefEreson, 1 Ld. Eaym. p. 212. 
 
124 
 
 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. n. 
 Phescmp- 
 
 TION. 
 
 Most prohibi- 
 tions granted 
 for excess of 
 j urisdiction. 
 
 Prohibition 
 granted for 
 defect of trial. 
 
 As in matters 
 properly 
 triable at 
 common law. 
 
 If for sake of 
 trial, must bo 
 before sen- 
 tence. 
 
 Object of 
 King's Bench 
 in making such 
 rnlc. 
 
 not be subjected to a double prosecution (x). The ordi- 
 nary cannot punish a single trespass in the church which 
 does not hinder the service ; which is included under the 
 statute Circumspecte agatis—de ecclesid discoopertd. 
 
 543. The largest class of cases, in which prohibitions 
 have been granted by the Queen's Courts at Westminster, 
 is, where a plain and manifest excess of jurisdiction has 
 appeared to have been claimed or exercised by the Eccle- 
 siastical Coiurt (y). 
 
 544. Temporal incidents are to be tried according to 
 the rules of common law {z) ; and if they are handled 
 differently, it is a defect of trial, for which a prohibition 
 will be granted. 
 
 545. Where matters are properly and essentially triable 
 at common law, and the party comes for a prohibition 
 before sentence, the Court of Queen's Bench will grant it, 
 for the sake of trial. But if the party submit to trial, he 
 is afterwards too late (a). 
 
 546. In case of prohibition to be granted for the sake 
 of trial (as distinguished from those which are to be 
 granted upon account of a wrong trial or erroneous 
 judgment), the rule is established, that a party neglecting 
 to contest the jurisdiction in the first instance, and taking 
 his chance of a favourable decree, shall not be allowed, 
 after sentence, to allege the want of jurisdiction as a ground 
 of prohibition, unless the defect appear on the face of the 
 pleadings. 
 
 547. The justice of this rule is very apparent — the pro- 
 priety of the exception, scarcely less so ; for it is the duty of 
 the Court of King's Bench to restrain any encronchment 
 
 (.»■) Binsted v. Collins, Bmil). p. 229. 
 (y) Velcy v. Burder, 12 A. ^- E. p. 311. 
 (z) Sliotter V. Friend, 2 SaU. p. 517. 
 (fl) Pnll i\ Hntchins, 2 Cowj). p. 424. 
 
c. PRIVATE SEATS. 125 
 
 of jurisdiction on the part of the inferior courts ; and, Cap. II. 
 therefore, it interferes for the sake of the public, and not 
 
 Peesceip- 
 
 TION. 
 
 of the individual, where from the want of jurisdiction 
 appearing on the face of the proceedings the case might 
 become a precedent if allowed to stand without impeach- 
 ment (Zi). 
 
 548. It may be conceded that in cases where it is If acting be- 
 shown that an inferior court is proceeding beyond its tion, prohibi- 
 jurisdiction, a party is entitled to a writ of prohibition, not j °° ^\i"tina 
 as a matter of discretion, but ex debito justitice (c). 
 
 549. The Court of Chancery may award a prohibition. Chancery may 
 
 T • 1 • n . . . . , giant prohibi- 
 
 wnicn may issue as well m vacation as m term time ; but tion. 
 such writ is returnable into the Queen's Bench, or Com- 
 mon Pleas '{d). 
 
 550. On a motion for prohibition there must be an Prohibition 
 affidavit that the matter suggested to have been pleaded, Affidavit, 
 was pleaded in the Spiritual Court (e). 
 
 551. A defendant cited in an Ecclesiastical Court must Defendant 
 appear before he can apply for a prohibition (/"). siastical Court 
 
 552. No proliibition will be granted where there is """'* ''PP^"" 
 
 . , , ., . , . . Must be an 
 
 neither plea nor allegation leading to an issue on any allegation in 
 matter which the Spiritual Court is incompetent to deter- court"'^^ 
 mine {g). 
 
 553. "When it is pleaded, it ties up the hands of the Which is then 
 ordinary from any further proceeding, because the Spiritual 
 
 Court cannot try a prescription (Ji). 
 
 (J) Bodenham & ors. o. Eicketts, 6 Nev. 4' Man. p. 176; 4 Ad. 4- E. 
 .441; 1 Bar. S; HoZ. p. 754. 
 
 (c) Ex parte Smyth, 2 Cromp. M. ^ R. p. 754. 
 
 (d) Bro. Ahr. "Prohibition," part 6; 4 Inst. p. 81; 1 Peere Wms. 
 .43. 
 
 (fi) Burdett v. Newell, Ld. Haym.. p. 1211. 
 
 (/) Ex parte Law, 2 A. 4- H. p. 45; Rex v. Mills, 4 N. 4- M. p. 7. 
 
 (ji) E. of Beauchamp v. Turner, 10 A. 4- B. p. 221. 
 
 (/t) Swetnam v. Archer, 8 Mod. p. 338. 
 
126 BOOK II. LAW. — B. PARISH CHUECHES. 
 
 Cap. II. 554. But the parties must plead, for perhaps they may 
 
 jtRKSCRIP- t *i ii 1 / *\ 
 
 TioN. acunit the plea {i). 
 
 Both parties 555. But when once it appears by the proceedings in 
 
 the Spiritual Court, that the prescription instead of being 
 
 must plead. 
 Prohibition 
 
 giantablc as admitted is disputed, and that the parties are in progress 
 scription is ^° bring its existence to trial, the courts of common law 
 denied. ^j.^ ^^^ bound to wait till the parties have incurred the 
 
 expense of putting it in issue; and the prohibition is 
 grantable at once {k). 
 Where Eccle- 556. The Court of Queen's Bench will presume that 
 hasinrisdic- ^^^ Ecclesiastical Court will limit its decision to points 
 of°quTstbi!"'^' which it may properly embrace, and will not prohibit the 
 Ecclesiastical Court from proceeding to judgment, although 
 the fucnltj praz/ed for is larger than the court has power 
 to grant (Z). 
 No interference 557. A court of Common law has no power to prohibit 
 faculty to con- ^^^ Ecclesiastical Court from granting a faculty to confirm 
 firm altera- alterations which have been already made ; the suit, there- 
 fore, must proceed quoad them, in order that the Eccle- 
 siastical Court, within whose proper jurisdiction that 
 matter is, may determine whether the faculty be granted 
 or not (Z). 
 Galleries built 558. By a faculty granted a.d. 1738, by the Ecclesias- 
 to University, tic^l Court of Ely, the Masters of Arts' Pit and the 
 rsuteetuint*^ ^°^*^ ^^^ ^°^*^ galleries in the parish church of Great 
 addition. gt. Mary, Cambridge, were appropriated to the University. 
 
 In a.d. 1819, by agreement with the then churchwardens, 
 the University, at their sole cost, enlarged the Masters of 
 Arts' Pit and the galleries, and erected ten new pews, 
 and for that purpose removed the organ into the tower. 
 
 (i) Anon., 2 Sallield, p. 551. 
 
 (7d) Byerley v. Windus, 5 B. ^- C. p. 22, and 7 Dowl. 4' By. p. 564. 
 (Z) Hallack r. Univ. of Cam., Ad. 4' K, K S., 1 Q. B. p. 614, and 1 
 Gale S' D. p. 113; 9 Degge, p. 583. 
 
c. PRIVATE SEATS. 127 
 
 and made other alterations. The University afterwards Cap. II. 
 instituted, by letters of request, a suit in the Court of ^jqjj 
 Arches against the churchwardens and parishioners, to 
 confirm the erections and alterations, and to appropriate 
 the same to the Universiti/ and their successors exclusively. 
 The oiScial principal received the letters of request, and 
 an act on petition, answer and reply were delivered (jn). 
 
 559. To a declaration in prohibition, by the church- Queen's Bench 
 wardens, &c. disclosing these facts, the University demurred. Ecclesiastical 
 and the Court of Queen's Bench gave the defendants in pro- ^xo/edTu "°' 
 hibition judgment, on the ground that, supposing the grant jarisdiction. 
 of a faculty for a pew to a corporation illegal, and that 
 prohibition would lie for a faculty before it is granted 
 
 (which seems doubtful), yet a faculty to confirm erections 
 and alterations would be legal, and the Spiritual Court had 
 done nothing illegal as yet, and it was to be presumed 
 that it would limit the faculty to those objects, which 
 legally might be embraced in it (m). 
 
 560. But where matters which are triable at common law Will not neces- 
 arise incidentally in a cause, and the Ecclesiastical Court 
 
 has jurisdiction in the principal point, prohibition to stay 
 trial win not be granted ( w). StOl if any incidental 
 matter intervenes by which the jurisdiction of the Eccle- 
 siastical Court is ousted of its original jurisdiction, in that 
 case a prohibition must go (o). 
 
 561. A faculty being prayed to confirm certain altera- Perhaps 
 tions in a church, and for permanently appropriating seats 1^ qratld in a 
 gained thereby, the Court of Queen's Bench held that it question of per- 
 
 '^ •' ^ manent appro- 
 
 had no power to prohibit the grant of faculty for the priation. 
 
 former object, and that it was by no means a clear point 
 
 (m,) Hallack v. Univ. of Camhr., Ad. 4: E., N. 8., 1 Q. B. p. CU, and 
 1 Gale 4- S. p. 113; 9 Begffe, p. 583. 
 (m) Pull V. Hutchins, 2 Coivp. p. 424. 
 (o) Darby v. Cosens, 1 T. R. p. 555. 
 
128 
 
 BOOK II. LAW. — B. PARISH CHURCnES. 
 
 Cap. n. 
 
 Pbesceip- 
 
 TION. 
 
 Resolution of 
 Star Chamber. 
 
 Prohibition to 
 suit on claim 
 by a non- 
 pavishioner. 
 
 Whether pew 
 is appurtenant 
 to a house 
 must be tried 
 by jury. 
 
 Prohibition at 
 any time before 
 sentence. 
 
 whether prohibition would lie in respect to the latter part 
 of the application ; if so, it would be only ex gratia (r). 
 
 562. It was resolved in the Star Chamber, that if a man 
 have a house in any parish, and time out of mind, he and 
 all those whose estate he has, have used to have a certain 
 ]3ew in the church ; if the ordinary will displace him, he 
 shall have a prohibition ; but he must claim the seat as 
 belonging to his house (s). 
 
 563. As a non-parishioner can have no right to a seat 
 in the body of the church, except by prescription, prohibi- 
 tion will be granted against the Spiritual Court in a suit 
 by an extra-parochial person for a pew in the body of the 
 church, either if claimed by any other title than prescrip- 
 tion, or if claimed by that title and denied by the other 
 side (t). This is on the ground that an issue has been 
 raised in the Ecclesiastical Court upon a question of fact, 
 which can only be tried by a jury in the temporal 
 court (m). 
 
 564. When a right is annexed to a house in the parish, 
 any obstruction to that right is a detriment to the occupa- 
 tion of the house ; and it is only on accoxmt of a pew being 
 annexed to a house that the temporal courts can take 
 cognizance of any intrusion into it {x). Whether a pew 
 is ajDpurtenant to an ancient house is a question for the 
 consideration of a jury (y). 
 
 565. It is not necessary for the party to apply in the 
 first instance for a prohibition ; if he make an application 
 
 (?•) Hallack v. Univ. of Camb., Ad. 4' K, N. &, 1 Q. B. p. 61-t; and 1 
 Gale S) B. p. 113. 
 
 (j) Corven's case, 12 Co. Rep. p. 106, n.; Garven v. Pym, Godi. p. 200; 
 3 Tmt. p. 202; citing Hussey v. Layton. 
 
 (t) Byerley v. Windus, 5 S.S; C.\; and 7 Soml. ^' Ry. p. 564. 
 
 (i() Hallack V. Univ. of Cambr., 1 Gale 4' B. p. 113. 
 
 (X) Mainwaring v. Giles, 5 B. 4' ^- p. 362. 
 
 (y) Griffith v. Matthews, 6 T. R. p. 297. 
 
c. PEIVATE SEATS. 129 
 
 any time before sentence, lie is in time ; no other, line can cap. II. 
 bedi-awn(5). Peescbip- 
 
 ^ ' TION. 
 
 566. Where the Spiritual Court has no original juris- Or after if no 
 diction, a prohibition may be granted after sentence ic). original juris- 
 
 1-1-- o, diction. 
 
 667. And a prohibition was granted after an appeal to -^jsea. after 
 
 the Arches, and then to the Deleo;ates, and sentence s^Pl^eal to Dele- 
 
 . . gates. 
 
 afnrmed there ; it appearing that a custom as to the 
 
 ordering and disposing of the seats had come into ques- 
 tion {d). 
 
 568. After sentence prohibition shall not go, unless But only if 
 want of jurisdiction below appears upon the face of the apparent on 
 proceedings (e). proceedings. 
 
 569. A prohibition does not lie after sentence, unless it And not if part 
 appears by the sentence that the Ecclesiastical Court has pkld^d.^^e"^"^ 
 pronounced on matters conusable at common law, although connsable at 
 
 ° common law. 
 
 there are several articles contained in the libel, some of 
 which are not conusable (/"). 
 
 570. The distinction in cases where prohibition does or Distinction of 
 
 C8.S6S wlisrs 
 
 does not lie after sentence is this : — If it appears on the prohibition 
 face of the libel that the Ecclesiastical Court has no juris- fg 'or is™ oT'^^ 
 diction of the cause, a prohibition shall go ; because there granted. 
 interest reipublicm that they should not encroach on the 
 jurisdiction of the temporal courts, and in such case their 
 sentence is a nullity {g). 
 
 571. After sentence it is incumbent on the party making A doubt is a 
 
 sufficient ob- 
 jection. 
 
 (h) Darby v. Cosens, 1 T. B. p. 665. 
 
 (c) Lemau v. Goulty, 3 ?! iJ. p. 4. 
 
 ((Z) Brabiu v. Trediman, 2 Rolle's R. p. 24. 
 
 (e) Baggin v. Bennett, 4 S^ir. Rep. p. 2035; Symes v. Symcs, 2 Bur. 
 p. 813 (A.D. 1759); Sims v. Sims (1759), 2 Ld. lienyoii's Cases in K. B. 
 p. 540; Blacquiere v. Hawkins, 1 Bougl. p. 378; Ladbroke v. Crickett, 
 2 T. R. C49; Gosling v. Veley, 12 Q. B. p. 390; Full v. Hntchins, 2 Comp. 
 p. 424. 
 
 (/) Hart V. Marsh, 1 mv. 4' P. p. G2; Ibid. 5 Ad. 4' K p. 591; Ibid. 
 5 Bowl. P. 0. p. 424; Ibid. 2 BTar. 4' W. p. 341. 
 
 {g) Full V. Hutchins, 2 Cowp. p. 424. 
 
 H. VOL. II. IC 
 
130 BOOK II. LAW. — B. PARISH CHURCHES. 
 
 Cap. n. tlie application, to show clearly that the Spiritual Court 
 
 ^tion!^" had no jui-isdiction. If, therefore, it be doubtful, it is an 
 
 answer to the application ( h). 
 
 On granting 572. The Act of 1 Will. IV. c. 21, s. 1, does not 
 
 ecclesiastical enable the court, where a party has declared in prohibition 
 
 costs cannot be ^jj^ succeeded, to grant him his costs incurred in the 
 
 giTen. . . „ 
 
 Ecclesiastical Court (z). 
 No prohibition 573. After a consultation, prohibition may not be 
 
 after consnlta- ,, ,..i n .i ■ -i -i • ■, i • 
 
 tion. granted ; except in the case oi the judge dying, when his 
 
 successor may be prohibited (^k). 
 Attachment 574. The disobeying of a prohibition is a contempt of 
 
 obedience of the Superior Court that awards it, and is punishable by 
 prohibition. attachment, which issues against the judge and party, or 
 
 either, for proceeding after such prohibition, and for which 
 
 they are subject to fine and imprisonment, according to 
 
 the discretion of the Superior Court (Z). 
 EyenifproH- 575. And even if a prohibition issue improvidently, but 
 granted ^impro- i® ^°^ Superseded, a proceeding in breach of it is a con- 
 
 yidently. tempt (w). 
 
 And even 576. An attachment for a contempt may be awarded 
 
 o^in p . ^^^ ^^2^ against a commoner, but even against a peer of 
 
 the realm (w). 
 An attachment 577. An attachment was granted upon affidavit, that 
 upon payment *<3 P^rty had proceeded after a prohibition delivered to 
 of fine. him, in a suit for a seat in a church, which the plaintiff 
 
 claimed by prescription ; and on his appearance and exami- 
 nation upon interrogatories, he confessed the matter and 
 was fined five marks (o). 
 
 (7i) Carslake v. Mapledoram, 2 T. R. p. 475. 
 
 (i) Tessimond v. Yardley, 5 B. I; Adol. p. 458. 
 
 (A) Bowry «. Wallington, Latch, p. 7. 
 
 (Z) P. N. B., //. # K. p. 40. 
 
 (m) Iveson ij. Harris, 7 Yes. p. 251. 
 
 (») 21 Edw. III., pt. 7, p. 2; Bac. Air. "Prohibition." 
 
 (o) Dr. Wainwright's case, cited Bacon's Ahr. " Prohibition " (M). 
 
c. PRIVATE SEATS. 131 
 
 578. And not only an attachment lies for proceeding in Cap. II. 
 the same cause pending a prohibition, but also for insti- ^.jqjj 
 
 tutmg a new suit for the same thing. Thus, if a parson Attachment 
 libels for tithes, and a prohibition is brought, and he libels f'^? f°'' '°s'^- 
 
 . tuting new 
 
 for tithes of another year, the first suit not being deter- suit for same 
 mined, an attachment shall be awarded (p). ^°^' 
 
 579. As prohibition is intended for keeping every court The law can 
 within its proper jinrisdiction, the law as to prohibition can by act of par- 
 only be altered by act of parhament (q). hament. 
 
 (p') Bacon's Abr. "Prohibition" (M). 
 
 (?) Comyu's Big. "Prohibition" (C); 2 Tnst. p. 601. 
 
 K « 
 
132 
 
 BOOK II. LAW. — C. PRIVATE CHAPELS, ETC. 
 
 PART C. 
 
 PRIVATE CHAPELS AND UNCONSECRATED 
 BUILDINGS. 
 
 DIVISION a. 
 
 a. Private PRIVATE CHAPELS. 
 
 Chapels. 
 
 Ordinary has 580. It IS Said that the Ordinary has no power over 
 
 no power over . 
 
 seats in private seats m chapels annexed to the houses of noblemen and 
 
 chapels. ii i / \ 
 
 ^ other laymen (a). 
 
 "Private 581. In " The Private Chapels Act, 1871" (5), there 
 
 1871." ' was, when the bill was introduced into the House of Com- 
 mons, a paragraph which prohibited the letting of any 
 seat for hire, or the charge of any fee for admission to the 
 services in any chapel to which a clergyman was licensed 
 by the bishop under the provisions of the act, and without 
 the consent of the incumbent of the parish ; but the para- 
 graph dropped out before the blU. became an act. 
 Private 582. There is, it will be seen, a very remarkable dearth 
 
 resemblance to of legal information as to the seats in private chapels ; per- 
 chaDds''^ haps they may be considered more in the nature of seats 
 in proprietary chapels than in any other ecclesiastical 
 building. 
 
 («) 2 Roll's Ahr. p. 288, citing Wyche's case; Viner's Ahr. " Prohibi- 
 tion " (G). 
 
 (J) "The Private Chapels Act, 1871 " (3i & 35 Vict. c. 66). 
 
( 133 ) 
 PART C. 
 
 PRIVATE CHAPELS AND UNCONSECRATED 
 BUILDINGS. 
 
 DIVISION b. b. Peo- 
 
 PEIETAET 
 
 PROPRIETARY CHAPELS. Chapkls. 
 
 583. Proprietakt chapels are anomalous, being unknown Proprietary 
 to the constitution of the Church of England, and to the anomalou^, and 
 ecclesiastical establishment; and can possess no parochial ^^^® ^?i 
 rights, and the exercise of any such rights would be a mere rights. 
 usurpation (a). 
 
 584. They are mere speculations of the proj)rietors, They are mere 
 probably for a very good purpose, and from very honor- ^^^'^°- ^ ^°^' 
 able motives, and not merely for the sake of the emolu- 
 ments arising from letting the pews (5) ; for which, in 
 
 return, the performance of public service is afforded (c). 
 
 585. If the proprietors, from any cause, cannot let these If unproduc- 
 pews, there is nothing to prevent them, even if the chapel shnt upf 
 be consecrated, from shutting it up ; and, if not conse- 
 crated, from converting it to any secular purpose {d). 
 
 586. But it was the opinion of the late Dr. Swabey Bnt donbt 
 (answering a case for opinion in 1820) that, strictly, the ordinary's 
 consent of the ordinary might be necessary to the owners ^°™°'^'y 
 erecting more pews therein ; but when erected, the owner putting up 
 (and not the parish) may place persons therein, though 
 
 still subject to the control of the ordinary, if lawful cause 
 for interference and control should arise. (It is not easy to 
 imagine how such cause could arise) (e). 
 
 (a) Moysey v. Hillcoat, 2 ITagg. p. 46. 
 (J) Ibid. p. 50. 
 (c) Ibid. p. 57. 
 ((Z) Ibid. p. 50. 
 (e) MS. Opinion. 
 
134 
 
 BK. II. LAW. — D. CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 PART D. 
 
 CHURCHES BUILT UNDER ACTS OF PARLIAMENT. 
 
 a. GeNEEAL 
 
 Acts. 
 Introduction. 
 
 DIVISION a. 
 GENERAL CHURCH BUILDING ACTS. 
 
 587. The Cturch of England, after a very lengthened 
 period of somnolent existence, scarcely to be called life, 
 suddenly awoke to discover an appalling amount of spiritual 
 destitution. The first step taken towards a remedy for 
 this state of things was the passing in 1818 of an act for 
 building and promoting the building of additional churches 
 in populous parishes (a), followed up by the appointment 
 of church-buUding commissioners (b), to carry the act into 
 operation. The original act has been patched and tinkered 
 a dozen times subsequently by as many other church 
 building acts, and various other quite indejjendent acts 
 have also been passed ; the result is a very confused and 
 unsatisfactory mass of material, needing much more than 
 codification. The commission, at first limited to ten years, 
 was continued by subsequent acts up to the end of the 
 year 1857, when its powers, &c. were transfen-ed to the 
 ecclesiastical commissioners (c). 
 
 588. For the purposes of the Act of 1818, parliament 
 
 (ff) 58 Geo. ni. c. 45. 
 (i) By 58 Geo. HL c. 54. 
 (c) 19 & 20 Vict. c. 55. 
 
a. GENERAL CHURCH BUILDING ACTS. 13.5 
 
 voted the sum of a million sterling (d), and half a million a. General 
 more was added by the Act of 1824 (e). ^^^ — 
 
 589. In a subject so novel to public attention, it would General 
 
 be no matter of surprise to find that principles concreted a norel subject. 
 in ages long past, and subsequently in ignorance of their 
 true character, despised as dark and barbaric, were 
 altogether unnoticed, or if noticed, disregarded. It might. Rights of 
 perhaps, be expected that provision would be made that preserved.^' ^ 
 nothing in the acts, or to be done under their authority 
 by the commissioners, should invahdate or avoid any 
 ecclesiastical law or constitution of the Church of England, 
 or destroy any of the rights or powers belonging to any 
 bishop, archdeacon, chancellor, or official, or hinder the 
 exercise of their ecclesiastical jurisdiction as fuUy, and in 
 like manner, as theretofore {/ ). 
 
 590. But it is a matter of some astonishment to find Ancient prin- 
 that in 1818 (the date of the first of the Church Building f J-eedom f rom 
 Acts) the ancient rights of parishioners to the use of then- J°?* mam- 
 parish church, without payment of rent, were fully recog- 
 nized ; and although to relieve the pressing wants of the 
 moment, a system of appropriation and pew renting was 
 sanctioned, the act contemplated it merely as a temporary 
 measure, and made provision for its diminution and extinc- 
 tion {(/). A little more consideration of human nature 
 
 would no doubt have shown that, as a rule, persons who 
 had acquired special pri^dleges were not hkely to abandon 
 them voluntarily, or themselves take the necessary steps to 
 restore, at their own loss, the rights of the parishioners at 
 large ; and the result has been that in a large number of 
 
 (d) 58 Geo. III. c. 45, s. 1. 
 
 (c) 5 Geo. IV. c. 10.3, s. 1. 
 
 (/) 58 Geo. Ill, c. -1.5, s. SI; 3 Geo. IV. c. 72, s. 36. 
 
 (i7) o'J Geo. III. c. 1.J4, s. 2G. 
 
136 BK. II. LAW. — D. CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 a. Genekal cases rents, sometimes little more than nominal, have been 
 '. continued when they ought, in accordance with the spirit 
 
 and intention of the act, long since to have ceased. Rights 
 or liberties waived or infringed are not easily regained. 
 
 Letting seats 591. Although the plan of letting seats at a rent, as a 
 temporary means of Supplying the deficiency of funds, was adopted 
 
 measure. 
 
 by the earlier Acts as a temporary measure, the right to 
 seats without payment was still further recognized by the 
 Act of 1831 {f), which contemplates thie buUding of new 
 churches ia which there might be no pew rents, though it 
 still sanctioned them in anticipation of their being fre- 
 quently necessary. 
 
 Limited to a 592. The permission to let seats is limited to a certain 
 
 ^^ ' proportion of the whole accommodation of a church built 
 
 under the provisions of the Church Building Acts, a pro- 
 portion which varies under different acts, and various 
 claims have first to be considered. 
 
 Plan of this 593. We commence with a list of the Church Building 
 
 Acts and those Public General Acts which affect pews : 
 next show what rights are reserved; and then what are 
 the requirements as to free seats. Next as to the letting, 
 and the appropriation of the rents, and under what cir- 
 cumstances they cease. And conclude with the rights of 
 the seat-holders and their cessation. 
 
 594. Division b refers only to churches and chapels built 
 under local and private Acts, each independent of the 
 others and of the general law. Consequently eveiy case 
 is governed by its own Act, and few points decided affect 
 them at large. 
 
 (/) 1 & 2 Will. IV. c. 38, s. 2. 
 
«.. GENERAL CHURCH BUILDING ACTS. 
 
 137 
 
 595. List of General Church Building Acts. »• '^l^^^^^ 
 
 1818 . . 58 George III. . . . c. 45. List of Church 
 
 1819. . 59 George III. . . . c. 134. Building Acts. 
 
 1822 . . 3 George IV. ... c. 72. 
 
 1824 . . 5 George IV. ... c. 103. 
 
 1827 . . 7 & 8 George IV. . . c. 72. 
 
 1831 . . 1 & 2 William IV. . . c. 38. 
 
 1832 . . 2 & 3 William IV. . . c. 61. 
 
 1838 . . 1 & 2 Victoria . . c. 107. 
 
 1839 . . 2 & 3 Victoria . . c. 49. 
 
 1840 . . 3 & 4 Victoria . . c. 60. 
 
 1843 . . 6 & 7 Victoria . . c. 37. 
 
 1844 . . 7 & 8 Victoria . . c. 56. 
 
 1844 . . 7 & 8 Victoria . . c. 94. 
 
 1845 . . 8 & 9 Victoria . . c. 70. 
 
 1846 . . 9 & 10 Victoria . . c. 68. 
 1846 . . 9 & 10 Victoria . . c. 88. 
 1848 . . 11 & 12 Victoria . . c. 37. 
 1851 . . 14 & 15 Victoria . . c. 97. 
 
 1855 . . 18 & 19 Victoria . . c. 127. 
 
 1856 . . 19 & 20 Victoria . . c. 104. 
 1860 . . 23 & 24 Victoria . . c. 142. 
 1869 . . 32 & 33 Victoria . . c. 94. 
 
 596. Nothing in the acts or done under their authority General rights 
 by the commissioners is to invalidate or avoid any eccle- served by the 
 siastical law or constitution of the Church of England, or ^^' 
 
 to destroy any of the rights or powers belonging to any 
 bishop, archdeacon, chancellor or official ; but they may 
 at all times exercise ecclesiastical jurisdiction as fully and 
 in like manner as theretofore {g'). 
 
 597. Before the consecration of any church or chapel Seats for 
 under the original Church Building Act, a pew sufficient family. 
 
 (g) 58 Geo. III. c. 45, p. 84; 3 Geo, IV. c. 72, s. 
 
138 
 
 EK. II. LAW. — D. CHUKCHES UNDER ACTS OF PARLIAMENT. 
 
 a. General 
 Acts. 
 
 Pews for 
 
 charch- 
 
 wardens. 
 
 Rights trans- 
 ferred from 
 former to sub- 
 stituted chnrcli. 
 
 Commission to 
 consider rights 
 transferred to 
 snbstitnted 
 church. 
 
 What bishop 
 has j arisdic- 
 tion in 
 chapelry. 
 
 to hold at least six persons is to be set apart in the body 
 or ground floor near the pulpit, for the use of the minister 
 and his family. Also other seats, to contain at least four 
 persons, are to be set apart in some other convenient situa- 
 tion, and not among the free seats, for the use of the 
 minister's servants ; and no rent is to be paid for any of 
 these sittings (A). There is here an evident reminiscence 
 of the ancient right of the parson to the chief seat. 
 
 598. Proper pews are to be assigned and provided in 
 every church and chapel, for the use of the church or 
 chapelwardens {f). 
 
 599. When a chapel is converted into a parish church, 
 and the former church becomes a chapel (the endowments 
 being transferred), the rights of persons holding pews rent 
 free by faculty or prescription in the former parish church 
 are not lost but transferred (j). 
 
 600. Upon the substitution of a new church for an old 
 one in the same parish and the transfer thereupon of 
 parochial rights, the bishop at any time within six months 
 of such substitution may, on his own mere motion, and, if 
 required by any person claiming to hold a pew or seat free 
 of rent, by faculty or prescription, in the old or existing 
 church, is required to issue a commission, under his hand 
 and seal, to two incumbents of parishes within the arch- 
 deaconry containing the old church and two laymen nomi- 
 nated for this purpose by the churchwardens of the old 
 church and not claiming to hold any such pews or seats (A). 
 
 601. As regards a chapelry (now a parish) formed out 
 of parts of contiguous parishes, even though previously 
 wholly or in part within any exempt or peculiar jurisdic- 
 
 (7t) 58 Geo. III. c. 4o, s. 75. 
 (i) 59 Geo. III. c. 134, s. 30. 
 (j) 1 & 2 Vict. c. 107, s. 18. 
 (i) 8 & 9 Vict. c. 70j s. 1. 
 
a. GENERAL CHURCH BUILDING ACTS. 139 
 
 tion, the chapel becomes subject to the jurisdiction of the ». Geneeal 
 bishop and archdeacon in whose diocese and archdeaconry '- 
 
 the altar of the chapel of the chapelry is locally situate (/). 
 
 602. A commission was issued by the chancellor of a rorm of com- 
 dlocese, subseqtient to certain alterations and additions to granted in 
 
 a parish church, to inspect the sittings and settle all claims [.gf^t^V" 
 of the inhabitants in a just and equitable manner, having church, 
 regard to any existing right to sittings there, whether 
 possessory or by faculty or prescription, and with the dis- 
 tinct understanding that no person who had ceased to be 
 an inhabitant and occupier of premises in the parish should 
 retain possession ; and to certify the court by a given day 
 in order that the court might judge of and (as justice should 
 direct) ratify and confirm the same and decree the disposi- 
 tion and allotment of the seats accordingly. Such a com- 
 mission is not illegal, though, perhaps, the terms in which 
 the power was conferred were somewhat large. As the 
 chancellor retained the final adjudication upon the award, 
 in his own hands, the commission was properly issued {m). 
 
 603. In this case, however, no question was raised as to But act refers 
 the authority of the bishop to cite persons claiming seats tuted church, 
 to prove their title either before himself or a commission. 
 
 The Act of 1844 (w), authorizing the issue of an analogous 
 commission, refers only to the case of the substitution of 
 a new church for an old church, and not at all to possessory 
 rights. The absolute appearance of claimants would act 
 as a submission to the jurisdiction. 
 
 604. The commissioners appointed under the Act of Commissioners 
 1844, or any three or more of them, of whom the arch- into claims, 
 deacon must be one, are at their earliest convenience to 
 
 examine into such claims, having previously given fourteen 
 
 (0 59 Geo. III. c. m, s. 7; 2 & 3 Will. IV. c. 01. 
 (7») Craig V. Watson, Arches Ct. (Sir R. J. Phillimorc), .30 Nov. 1870, 
 nnrep. 
 
 (ji) 8 & 9 Vict. c. 70, s. 1. 
 
140 
 
 BK. II. LAW.— D. CHURCHES UNDEE ACTS OF PARLIAMENT. 
 
 Geneeal 
 Acts. 
 
 And bishop 
 may assign 
 equiyalent 
 seats in new 
 substituted 
 church. 
 
 Persons ag- 
 grieved by 
 commissioners 
 may appeal to 
 bishop. 
 
 Under circum- 
 stances fresh 
 evidence per- 
 mitted on 
 appeal to 
 Arches. 
 
 Rights to be 
 specified in 
 scheme for 
 division. 
 
 days' notice, by affixing a copy of their commission on the 
 door of the new church, together with a notice signed by 
 the archdeacon, specifying the day, time and place on 
 which such examination is to be made (o). 
 
 605. After making an examination into these claims, 
 the commissioners, or the majority of them, are, under 
 their hands, to transmit in writing to the bishop, the names 
 and residences of those persons who have substantiated 
 claims to such pews or seats ; and the bishop, if satisfied, 
 is to assign, under his hand and seal, to such persons 
 respectively, convenient pews or seats in the new church, 
 to be held and enjoyed in the same manner as those to 
 which they had been entitled in the old church (o). 
 
 606. Any person aggrieved by the finding of such 
 commissioners may appeal to the bishop of the diocese, 
 who may, if he think fit, allot him seats in the new 
 church (o). This the bishop might have done, under the 
 ordinary theory of a bishop's authority, without special 
 parliamentary powers. 
 
 607. Upon appeal from the chancellor of a diocese who 
 had confirmed the settlement, made under a commission 
 by him appointed for the purpose, of all claims of the 
 parishioners to sittings in a parish chnrch, the Arches 
 Court, upon the representation that one of the objectors 
 had in the court below acted without legal ad-^dce, and 
 that his rights had been imperfectly set forth, allowed 
 fresh evidence to be taken (p). 
 
 608. Upon the division of a parish under the New 
 Parishes Act of 1856, the rights of pewholders are to be 
 specified in the scheme ratified by order in council (17). 
 
 (0) 8 & 9 Vict. i;. 70, s. 1. 
 (jj) Craig ('. Watson, unrcp. 
 iq) 10 & 20 Vict. u. 104, s. 23. 
 
a,. GENERAL CHURCH BUILDING ACTS. 141 
 
 609. The original Church Building Act (1818) provides "•• General 
 
 that one-fifth part of the whole of the sittings in any church 
 
 or chapel, buUt wholly or in part out of or on money raised free^^eats!^ ° 
 on the credit of rates, shall be free from rent or assess- 9l'!PP^^^i ""^' 
 
 ' fifth in church 
 
 ment. They are to be marked with the words " Free built out of 
 Seats" (r). '''*''■ 
 
 610. The Act of 1819 directs that one-half of the addi- Half seats 
 tional accommodation gained by rebuilding a church under rebuilding to 
 that act shall be free and open (s). ^^ ^'^''^• 
 
 611. In order to secure the patronage conferred by the One-third of 
 
 .,„,„„, ,., -. -. .. whole must be 
 
 Act ot 1831 upon persons bmiding or endowing, it is re- ft-eeto secure 
 quired that one-third of the whole should be free(^); by Pi'^'^^g^- 
 a subsequent section (m) the commissioners may direct any 
 church or chapel built by private individuals, under the 
 provisions of the Church Building Acts, shall be subject 
 to the provisions of this act. 
 
 612. By the Act of 1838 it is left to the bishop to deter- Bishop may- 
 mine whether the one-third part of the sittings required in be let at low 
 the former act to be free, should thereafter be free, or ''''°'^' 
 whether the same, or any part thereof, should be let at 
 
 such low rents as the bishop should fr-om time to time 
 direct (a;). 
 
 613. Where a new or substituted church has been built But rents only 
 wholly or in part out of funds granted by the commissioners, excess'of ° 
 and a transfer has been made, the rents shall only be fixed former number. 
 by the commissioners for the number of seats exceeding 
 
 the number in the old or existing church (y). 
 
 614. Where in a new parish or district it appears to the Originally one- 
 commissioners that sufficient fimds cannot be obtained of united 
 
 parishes. 
 
 ()•) 58 Geo. III. c. 45, s. 75. 
 (_s) 59 Geo. in. c. 134, s. 40. 
 (<) 1 & 2 Will. IV. c. 38, s. 2. 
 (?«) Ibid. s. 22. 
 (a;) 1 & 2 Vict. c. 107, s. 1. 
 (2/) 8 Si 9 Vict. c. 70, s. 1. 
 
142 
 
 BK. II. LAW.— D. CHURCHES UNDER ACTS 01^ PARLIAIVIENT. 
 
 a. General 
 Acts. 
 
 One-half of 
 church of new 
 parish. 
 
 Kow one-half. 
 
 One-fourth at 
 extra service. 
 
 None let under 
 Acts of 1843 
 and 1844, till 
 altered in 186G. 
 
 Then one-half 
 of whole, and 
 equal in all 
 respects to 
 others. 
 
 from other sources and they order that rents be fixed, at 
 least one-haF of the whole number of sittings in the church 
 shall be free ; and it must be shown to their satisfaction 
 that such free sittings are, with respect to position and 
 convenience, as advantageously situated as the others (a). 
 
 615. In the case of the church of contiguous parishes, 
 united under an act passed in 1855 (but limited to a period 
 of five years), not less than one-third of the seats are to be 
 free and unappropriated (b). 
 
 616. On the expiration of this act in 1860, another and 
 permanent act was passed, which provides that at least 
 half of the seats in the church of the united parishes shall 
 be unappropriated (c). 
 
 617. In the case of a third or additional service being 
 appointed by the bishop under power conferred by the Act 
 of 1818, at least one-fourth of the seats must be kept 
 free (d). 
 
 618. The New Parishes Act (1843) (e), and its Amend- 
 ment Act (1844) (_/), which require a certain endowment, 
 contain no provision for letting seats ; but the power of 
 fixing rents (where it shall appear that sufficient ftmds 
 cannot be provided from other sources, but not otherwise), 
 is imported into them by the Act of 1 856 (ff) in respect to 
 churches to which a district is assigned after the date of 
 the last-mentioned act, on the 29th July, 1856. 
 
 619. Where rents are ordered by the commissioners to 
 be adopted in a church built under the Acts of 1843 and 
 1844, one-half at least of the whole number of sittings in 
 the church shall remain free ; and it must be shown to the 
 
 (a) 19 & 20 Vict. >;. 104, s. 6. 
 
 (J) 18 & 19 Vict. »>. 127, s. 13. 
 
 (c) 23 & 24 Vict. c. 142, s. 28. 
 
 ((Z) 58 Geo. III. c. 45, s. 65. 
 
 (e) 6 & 7 Vict. c. 37 (commonly called " Peel's Act "). 
 
 (/)7 & 8 Vict. c. 94. 
 
 (^) 19 & 20 Vict. c. 104, ti. 6 (commonly called " Blar.dford's Act"). 
 
a. GENERAL CHURCH BUILDING ACTS. 143 
 
 satisfaction of the commissioners that snch free seats are a. Geneeal 
 well placed and convenient as those for which it is pro- '. 
 
 posed to fix rents (A). 
 
 620. The other seats (not exceeding the proportions Wardens to 
 mentioned) are to be let by the churchwardens, and it is 
 
 their duty to collect the rents for such seats (i). 
 
 621. Where under the authority of the provisions of Where bishop 
 the act the bishop has required that a third service in the service, seats to 
 day be performed by a clergyman specially appointed for ''g^^g^ti'^^of 
 the purpose, he may require the churchwardens to let for general allot- 
 such third service, such proportions of the pews (not being 
 
 pews held by faculty or prescription) and at such rates as, 
 in the bishop's opinion, may be sufficient to afford a com- 
 petent salary to such clergyman ; but reserving such 
 number of free sittings, being at least one-fourth, as may 
 seem expedient to the bishop {k). 
 
 622. In churches built under the original Church Rents fixed by 
 Building Act, the commissioners are to fix the rents of '^o'^'^^ssioneis. 
 the pews (Z). 
 
 623. Under the Act of 1819 all pew rents are payable All rents pay- 
 in advance. One year's rent is to be paid on admission to vance. 
 
 the pew or seat, if given at Lady Day or Michaelmas ; 
 but if at an intermediate period, then a proper proportion, 
 in addition to a half-year's rent, and aflerwards a half- 
 year's payment in advance. But such pew or seat is to 
 be forfeited by the discontinuance of such payment in ad- 
 vance for two successive half-years {m). 
 
 624. They are to be offered in the first instance to Sittings offered 
 parishioners. All subscribers, who are parishioners, to according to^"^^ 
 
 (/t) 19 & 20 Vict. c. 104, s. 6. 
 
 (i) 68 Geo. in. c. 45, s. 73. 
 
 (7«) Ibid. s. 05. 
 
 (0 Ibid. s. 63. 
 
 (to) 59 Geo. ni. c. 134, s. 32. 
 
144 BK. II. LAW. — D. CIIUECHES UNDER ACTS OF PARLIAMENT. 
 
 General any church or chapel built under 58 Geo. III. c. 45, have 
 
 Acts, 
 
 choice of pews, at the rates fixed by the commissioners. In 
 order of sub- ^^^ order of their amount of subscriptions; and in case of 
 scnption. subscribers to the same amount, then in the order of their 
 
 subscriptions {n). 
 Subscribers to 625. The church-building commissioners may discharge 
 church may be any subscribers towards building any church or chapel, or 
 from rents for towai^<ls pm'chasing their sites, wholly or in part fi:om the 
 time of life, payment of pew rents for a limited time, or for hfe, in such 
 
 with power of . 
 
 assignment. proportion to the amount of their respective subscriptions 
 as the commissioners shall see fit, and allow such sub- 
 scriber, if he remove from the parish, to assign the re- 
 mainder of such term to any other parishioner inhabiting 
 the parish (o). Doubts which had been entertained as to 
 whether the power applied to subscribers to sites as well 
 as subscribers to building, were set at rest by the Act of 
 1831 (p). 
 
 Notice of 626. Where the pew rents have been fixed, notice is to 
 
 vacancies to be,. f^ • • i ,,t -i r i 
 
 given. be given tor six successive weeks, at the end ot each year, 
 
 of all the pews which will be vacant at the commencement 
 of the year following, and the same is to be affixed in 
 writing upon the doors of the church or chapel and vestry 
 room respectively (y). 
 
 Those unlet 627. All pews which are not taken at the rent fixed 
 
 after fourteen . , . » , n i 
 
 days, let to non- upon may, withm fourteen days after ttie commencement 
 pans noners. ^£ ^j^^ ensuing year, be let to any inhabitants of adjoining 
 parishes, where the church accommodation is insufficient, 
 at the same rent, and for any term not exceeding a year. 
 But at the end of every successive year each pew so rented 
 is to be inserted in the list of vacant pews, and the inhabit- 
 ed) o8 Geo. IIL c. 45, s. 76. 
 (o) 59 Geo. III. c. 134, s. 33. 
 Cp) 1 &2 Will. IV. c. 38, s. 21. 
 Oj) 3 Geo. IV. c. 72, s. 24. 
 
a. GENERAL CHURCH BUILDING ACTS. 145 
 
 ants of the parifsli, to wMcli the church belongs, are again a. General 
 to have the preference (r). ^°'^^- 
 
 628. But the churchwardens mai/, with consent in "Wardens may 
 ■writing of the incumbent, the patron and the bishop, alter ^^;^^ consent or 
 such yearly rents; and in such case a new schedule of ^* ^^^°^''^"'™' 
 rents, and of the pews or seats upon which they are charged, 
 
 must be signed by the churchwardens, incumbent, patron, 
 and bishop, and be deposited with the deed of consecra- 
 tion (s). They may, however, be required to make such 
 alterations by the bishop, with consent of the incumbent 
 and patron, and in case the pew rents shall have been 
 assigned to the parish, then with consent of the vestry {t). 
 
 629. In the case of churches or chapels built under the Wardens or 
 Act of 1831, the seats are to be let by the church or let under Act of 
 chapelwardens, or by some person appointed by the ^^''^^^ 
 trustees, or the persons building or endowing the church 
 
 or chapel, at a scale approved by the bishop, which may 
 be altered from time to time as occasion may require (m), 
 
 630. Where the church of a consolidated chapelry has Provisions of 
 been built, wholly or in part, by means of funds supplied to consolidated 
 by the chm-ch-building commissioners, they, with consent igis^^'^^'igin' 
 of the bishop, may ajDply to such church the provisions of 
 
 the Acts of 1818 and 1819, touching the reservation of 
 pew rents (x). 
 
 631. In aU cases not previously provided for, chiu'ch- Otherwise the 
 wardens, who are to be appointed in every district or con- receive rents, 
 solidated chapelry, are to receive pew rents and recover 
 
 arrears of such rents (y). 
 
 (r)3 Geo. IV. u. 72, s. 24; 1 & 2 Will. IV. c. 38, s. 4. 
 (s) 58 Geo. III. i;. 45, s. 78. 
 
 (i) 58 Geo. III. c. 45, s. 78; 50 Geo. III. c. 134, s. 31. 
 (M) 1 & 2 Will. IV. c. 38, s. 4. 
 (a-) 8 & 9 Vict. c. 70, s. 11. 
 (»/) Ibid. s. 6. 
 H. VOL. 11. L 
 
116 
 
 BK. II. LAW. — D. CI-IURCIIES UNDKR ACTS OF PARLIAMENT. 
 
 ». General 
 Acts. 
 
 Or bringing an 
 action. 
 
 Means to en- 
 force payment 
 of rent in 
 arrear by let- 
 ting or selling. 
 
 To be let or 
 sold to 
 parishioners 
 only, and in 
 default to 
 others by 
 private con- 
 tract. 
 
 Except for 
 arrears, and 
 then with op- 
 tion of auction. 
 
 632. The churchwardens may, at their discretion, sue 
 for and recover the rent in arrear by an action of debt or 
 an action on the case, for the use and occupation of such 
 pew or seat, to be brought against the owner or occupier 
 in the name of " the churchwardens of tlie church or chapel 
 of [describing the church or chapel] ;" and no such action 
 abates by reason of the death, removal, or going out of 
 office of any churchwardens (a). 
 
 633. Where the rent of any pew or seat is unpaid for 
 the space of three months next after it is due, and notice 
 in -writing, demanding payment, has been given to the 
 owner or occupier, then the churchwardens may either 
 enter upon and hold such pew or seat, or let it to any 
 other person, as they think proper, until the rent in arrear 
 and all costs and charges have been satisfied. They have 
 also the option of seUing such pews or seats by public 
 auction to the best bidder, and paying the rent in arrear 
 out of the price ; and after deducting aU reasonable ex- 
 penses, they are to pay any overplus to the respective 
 owners or occupiers of such pews or seats (a). 
 
 634. The churchwardens are neither to let nor sell any 
 pews and seats, except to parishioners, during the time 
 they shall continue to inhabit the parish; and any sale of 
 any pew or seat (in default of its being applied for by a 
 parishioner, or otherwise in default of payment of rent) is 
 subject to the reserved rent fixed under the provisions of 
 1818 and 1819, and is to be sold by private contract, and 
 not by public auction (b). But with an exception in the 
 case of rent being in arrear (under the Act of 1818), when 
 the churchwardens have also the option of selling such 
 pews or seats as mentioned in paragraph 633. 
 
 (a) 58 Geo. III. c. 45, b. 79. 
 (J) 59 Geo. ni. c. 13i, s. 32. 
 
a. GENERAL CHURCH BUILDING ACTS. 147 
 
 635. If persons are willing, in preference to pew rents, a. Geneeal 
 to subscribe for the salary of a curate for a third service. 
 
 Preference to 
 
 every subscriber, being a parishioner, shaU have the option ^"scribera to 
 of any pew (not held by faculty or prescription) for such third service, 
 service, according to the amount, and in the order of sub- amount and 
 scription, if any have subscribed an equal amount ; and to 
 continue to hold such pew so long as he continues to sub- 
 scribe (c). 
 
 636. The churchwardens may, with consent of the Money for 
 
 • • T T 1 -1 T 11 building may 
 
 commissioners, borrow money towards building a cnurcn be borrowed on 
 or chapel, or purchasing a site for it, and defraying ex- "^^^^ °^ P®"'^' 
 penses, upon the credit of the pew rents, subject to the 
 payment of the clergyman and clerk's stipends and other 
 expenses (rf). 
 
 637. The commissioners, with consent of the bishop, are Eents to be 
 to assign out of the pew rents a proper stipend to the stipend of 
 clergyman of such church or chapel, regard being had to gjjary'of dei^ 
 the extent and population of the district attached to it, the 
 
 cost of procuring a residence, and all other circumstances. 
 They are also to assign a salary to the clerk of such church 
 or chapel. If the commissioners and bishop cannot agree 
 as to the amount of any such sti]3end, it is to be settled by 
 the archbishop of the province (e). 
 
 638. The commissioners may from time to time direct Eents may be 
 that the rents of the pews in any church or chapel within "?ardens for 
 the provisions of the Church Biulding Acts, be assigned "^^ purpose, 
 to the parish or district and received by the churchwardens, 
 
 who thereupon are required to pay the clergyman and plerk 
 their stipends (/). 
 
 (c) 58 Geo. III. c. 45, s. 66. 
 (_d) 59 Geo. in. c. 134, s. 27. 
 
 (e) 58 Geo. IIL c. 45, ss. 63 & 64; 8 & 9 Vict. c. 70, s. II. 
 (/) 59 Geo. III. c. 134, s. 26; and by 19 & 20 "Vict. c. 104, s. 6, where 
 the funds from other sources are insufficient. 
 
 l2 
 
148 
 
 BK. II. LAW. — D. CHUKCIIES UNDERACTS OF PARLIAMENT. 
 
 a. Genehal 
 Acts. 
 
 Wardens only- 
 liable for net 
 amount 
 realized. 
 
 Eents for like 
 purpose in 
 church built by 
 individuals. 
 
 On substitu- 
 tion, rents to 
 pay stipends 
 for both 
 churches. 
 
 Wardens liable 
 only for 
 amount of 
 rents received 
 by themselves. 
 
 Surplus rents 
 (after pay- 
 ment of 
 stipends) to go 
 to repay lo.an, 
 for repairs and 
 in aid of 
 church rate. 
 
 639. But the parish is in no case to be answerable to 
 the minister or clerk for any greater sum than the pew 
 rents of that year realize (A). 
 
 640. Where a church is built by private individuals, 
 under the Act of 1824, the usual proportion of free seats 
 is to be set apart ; and a competent salary for the spiritual 
 person who may oificiate therein, as well as other expenses 
 incident to the performance of divine service, and for main- 
 taining such church, are to be provided out of the pew 
 rents after consecration (i). 
 
 641. The commissioners may provide for the main- 
 tenance of the minister and clerk of both a substituted 
 church and the church for which it was substituted, out of 
 pew rents of either of such churches (A). 
 
 642. When, under the Acts of 1818 and 1819, the 
 commissioners have made an order assigning rents to be 
 received for the purpose of those acts, the minister is 
 entitled to receive from the churchwardens (as soon as 
 received by them), towards his stipend, what they have 
 received (subject to some prior charges) for pew rents; but 
 only in respect of quarters expired, and for which the 
 stipend has become due. He is not entitled to receive 
 from the present churchwardens the balance of rents re- 
 ceived by the late churchwardens and not paid over to 
 them (?). 
 
 643. The surplus of pew rents, after payment of stipend 
 to the clergyman and clerk and other expenses, may, with 
 consent of the commissioners, be applied towards the repay- 
 ment of money advanced towards building the church or 
 
 (/(,) 59 Geo. III. c. 134, a. 26; and by 19 & 20 Vict. c. 104, s. 6, where 
 the funds from other sources are insufficient, 
 (i) 6 Geo. IV. c. 103, s. 10. 
 (k) 1 & 2 Vict. c. 107, s. 18. 
 (1) Lloyd V. Burrup & anor., 19 Law Times Bep., E.r. p. COG. 
 
a. GENERAL CHURCH BUILDING ACTS. 1^:9 
 
 cliapelj purchasing its site, keeping it in repair, or other a. general 
 expenses. The residue of such pew rents are to be applied : — 
 
 as above mentioned, or in aid of the church rate, if the 
 commissioners think fit (m). 
 
 644. Any surplus of pew rents, after payment of such Unemployed 
 
 . T . , . . . surplus to be 
 
 stipend and other expenses, is, except lu certain cases invested for 
 (mentioned in the next section), to be invested in govern- sonan-e°\][cn'to 
 ment securities, in the names of trustees to be appointed augment 
 
 ^ '- stipend, reduce 
 
 by the bishop of the diocese, to accumulate and form a rents or in- 
 
 ^T^i'iT 1 ' 1 i> ' -I n crease accom- 
 
 mnd tor building or purchasing a house oi residence tor modation. 
 the clergyman ; and after such purpose has been completed, 
 then it is to be devoted either to the augmentation of the 
 clergyman's stipend, the reduction of pew rents, or the 
 increase of accommodation in the church, as the bishop 
 may direct (w). 
 
 645. The next section provides that the surplus rents Or towards 
 
 n r- 1 • T T -f 1 repayment of 
 
 alter payment oi the stipend and expenses may, it the loan or for 
 commissioners think it expedient, be charged with the re- repMrs^r 
 payment of any loan for the cost of the church or site, church rate. 
 and for defi-aying all expenses relative thereto, and for 
 keeping the church in repair ; and the then remaining 
 residue be applied as before provided, or in aid of the 
 church rate (o). 
 
 646. The principle of a gradual cessation of rents had Not to reduc- 
 become lost sight of when the Act of 1831 passed. It buttoau<'mcut 
 empowers the payment over of the residue after an annual ^^'i^^f ', o?i 
 reservation for repairs, and payment of clerk's salary, 
 
 beadles, pew-openers, and incidental expenses, to the 
 minister for his own use by way of stipend in addition to 
 the dividends of funded endowment (/?). 
 
 (m) 59 Geo. III. c. 134, ss. 2G, 27. 
 
 (ft) Ibid. s. 2G. 
 
 (o) Ibid. s. 27. 
 
 (i?) 1 Si 2 Will. IV. >;. 38, s. 16. 
 
150 
 
 BK. II. LAW. — D. CHURCHES UNDERACTS OV PARLIAMENT. 
 
 ■V. General 
 Acts. 
 
 Minister's 
 stipend may be 
 augmented, 
 unless inTested 
 for parsonage 
 or subject to a 
 loan. 
 
 In new 
 parishes to be 
 applied to 
 repairs and 
 expenses, 
 minister and 
 endowment. 
 
 Repairs of 
 pews part of 
 repair of 
 church. 
 
 And charge- 
 able to their 
 own districts. 
 
 647. The commissioners, with the consent, under seal, 
 of the bishop, are empowered to augment, out of the surplus 
 pew rents, the minister's stipend (in respect to which reser- 
 vation out of pew rents has been made under the Act of 
 1818), by a further assignment of part or the whole of the 
 surplus pew rents, accrued or to accrue ; such assignment 
 to be registered in the diocesan registry. But this power 
 is not to be exercised where the surplus rents have been 
 invested on government securities in trustees' names, to 
 accumulate for cost of a house of residence; or where 
 charged by the commissioners with repayment of loan and 
 interest for the buUdlng of the church or chapel, or cost of 
 site, expenses or repairs (q). 
 
 648. When in default of sufficient funds from other 
 sources the commissioners make an order for pew rents in 
 a church built under the Acts of 1843 and 1844, the pro- 
 ceeds not otherwise appropriated by law, are to be applied 
 towards the repair and maintenance of the church, and the 
 maintenance of the minister and the services, and the 
 endowment of the church, in such manner as shall be 
 specified in their order, and to no other uses (r). 
 
 649. The expense of repair of pews is necessarily in- 
 cluded in the expense of repair of the church ; and for this 
 the pew rents are liable under the Act of 1819 (s), and 
 various subsequent acts. 
 
 650. The repairs of all district churches or chapels, 
 built under the Church Building Acts, when not otherwise 
 provided for, are to be made by the districts to which they 
 respectively belong, in like manner as in case of repairs of 
 churches by parishes; and every such district is to be 
 
 (j) 3 & 4 Vict. c. GO, s. 5. 
 (?•) 19 & 20 "Vict. c. 104, s. 6. 
 (s) 59 Geo. III. e. 134, s. 27. 
 
a. GENERAL CHURCH BUILDING ACTS. 151 
 
 deemed in law a separate and distinct parish for that a. Geneeal 
 purpose {t). ^°'^^- 
 
 651. Every such district is further to remain, for twenty Districts also 
 
 n . , . , . - , . liable for 
 
 years atter consecration, subject to the repair and the in- twenty years 
 cidental expenses (m) of the original parish church, and to ^jg^naf pariah 
 be deemed during that time, and no longer, a part of the clmrch. 
 parish for the purpose of such repairs and rates for the 
 purpose {x). 
 
 652. In any case where any division of a parish divided In case of 
 under the provisions of the Acts of 1818, 1819 and 1822, divSonr''' 
 shall be again divided, and a church or chapel built or I'^il^ility fo^" ^ 
 
 , , repair by last 
 
 appropriated within, and to the use of, such new division, of Intermedinte 
 the Church Building Commissioners, by any instrument maybelimitid. 
 under their seal, may declare that all liability to any re- 
 pairs of the church or chapel of the division, from which 
 such new division shall have been so made, shall cease from 
 the period specified in such instrument : and that the only 
 remaining liabihty be for its own repairs, and its share of 
 the repair of the church of the original parish for the 
 residue of the twenty years during which the old division 
 was Hable to share in such repair (y). 
 
 653. All chapels acquired and appropriated, or built, Chapels in aid 
 or enlarged, or improved, under the provisions of the Acts by the parish. 
 of 1818, 1819 and 1822, or under any local acts in which 
 
 no provision has been made for such purpose, in aid of the 
 churches of the parishes or places in which they may be 
 situated (whether any district of any such parishes may 
 have been assigned or not to such chapels as belong thereto 
 for ecclesiastical purposes), are to be repaired by the 
 
 (<) 58 Geo. in. c. '15, s. 70. 
 
 (») Chesterton & H. v. Fariar, 1 Curt. 350. 
 
 (a) 58 Geo. III. c. 45, s. 71. 
 
 (yj 3 Geo. ly. c. 72, =. 21. 
 
152 BK. II. LAW. — D. CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 a. Gbneeal respective parishes, places at large, or districts to which 
 such chapels may belong (z). 
 
 Money for 654. The act provided that rates were to he raised, 
 
 dbrerted to be levied and collected for that pturpose, in hke manner in 
 
 ^h ^^V*^ t every respect as for the repair of the churches of such 
 
 tutcompul- parishes and places, and all the laws then ia force for 
 
 sory rates since , . , . . ,, . ,. -, • c 
 
 abolished. making, ievymg and coUectmg rates for the repair oi 
 
 churches were to be applied and put in force for the 
 raising, making, levying and collecting such rates for the 
 repairs of such chapels (z). But this provision was from 
 and after the 31st July, 1868, practically abrogated by 
 the Act for the Abolition of Compulsory Church Rates 
 for Ecclesiastical Purposes (a). 
 Individuals 655. When a church or chapel is about to be built and 
 
 endowing mnst endowed by private individuals, under the provisions of 
 
 provide fund ^i^g ^g|.g q£ 183^ ^^^ jgSS, they must, as a preliminary 
 
 for repairs. ' j ^ l j 
 
 step, declare their intention of providing a fund for its 
 repair, namely, one sum, equal in amount to 5 per cent, 
 of the original cost of such church or chapel, to be secured 
 on lands or money in the funds, and also 5 per cent, upon 
 the sum so raised, to be reserved annually out of the pew 
 rents {h). 
 Or a perpetual 656. A perpetual rent-charge, equal in value to the 
 ren c arge. j.gpair fund SO directed to be secured, may be made upon 
 lands or other hereditaments. And the incumbent of such 
 church or chapel, immediately after it has been consecrated 
 and a district assigned to it, may take to himself and his 
 successors a transfer of such rent-charge, upon the same 
 trusts and for the same purposes as the repair fund may 
 be held by trustees (c). 
 
 Cz) 3 Geo. IV. c, 72, a. 20. 
 
 {a) 31 & 32 Vict. u. 109. 
 
 (i) 1 & 2 Will. IV. v.. 38, o. 2; and 1 & 2 Vict, c, 107. 
 
 (c) 3 & 4 Vict. c. 60, s. 15. 
 
H.. GENERAL CHURCH BUILDING ACTS. 153 
 
 657. Tlie Churcli Rate Abolition Act contains a pro- «.. Geneeal 
 
 vision that in cases where money had been borrowed on — ^-;— 
 
 the security of church rates and was still owing, the making of church 
 and enforcing payment of church rates for the purpose of ^Qgt'tel^"^'^ 
 repayment should temporarily continue {d). But in aU pairs, 
 other cases compulsory rates ceased from the date of the 
 
 passing of the act (31 July, 1868), and the burthen of 
 repairs was left to rest solely on the pew rents and endow- 
 ment fond. The act consequently operates to an exten- 
 sion of the time during which pew rents may be levied. 
 
 658. The trustees or wardens may sell vaults for burial Vaults sold in 
 under the chm'ch or chapel, or in the adjoining ground, 
 
 and invest the proceeds as a fond to supply deficiencies, 
 if the amount produced by the rents be insuiScient (c). 
 
 659. When a permanent provision in land or money, in On sufficient 
 lieu of pew rents, to the satisfaction of the commissioners endowment, 
 and bishop, is secured, and the pew rents have not been ^^^^^ *° aase. 
 assigned or appropriated under any local act, the com- 
 missioners may, with consent of the bishop, by an instru- 
 ment under their and his seals respectively, order that such 
 
 rents shall thereupon cease, either wholly or in part (save 
 as regards arrears) ; and the seats so exempted from rent 
 shall be at the disposal of the churchwardens in like 
 manner as the seats in an ancient parish church (_/ ). 
 
 660. In the case of churches built under the Acts of In new 
 1843 and 1844, to which the power of charging rents was ^gnts rednced^"^ 
 extended by the Act of 1856, a similar provision is made, °' part entirely 
 that upon a permanent endowment being provided, the 
 commissioners may, with consent of the bishop, by an in- 
 strument under their seal, make an equivalent reduction 
 
 in the total amount of the pew rents, either by a general 
 
 (d) 31 & 32 Vict. c. 109. 
 (c) 6 Geo. IV. c. 10.3, s. 15. 
 (/) U & 15 Vict. c. 97, s. 1. 
 
154 BK. II. LA^7.— D. CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 a. General reduction of rate, or by freeing certain specific pews : pro- 
 '- vided that no loan obtained on the security of the rents 
 
 remains unpaid (A). 
 Bnt instrument 661. With hke Consent the commissioners may rescind 
 rescinded. *'^^ whole or part of the provisions of any such instrument, 
 
 but only with consent of the incumbent during his life, if 
 
 it affect his emolument (i). 
 When endow- 662. When any body or person endows with a provi- 
 
 ment obtained, • nj -t c ij_ii ^- r 
 
 pew rents to ^''-'^^ "^^ ^^^^ '^^ money, m lieu oi pew rents, to the satisiac- 
 cease wholly or ^jojj gf ^}jg commissioners and bishop, any church for 
 which pew rents had been previously fixed by the com- 
 missioners, and the rents had not been assigned or appro- 
 priated under any local act, the commissioners may, with 
 consent of the bishop, order that such rents shall cease 
 either wholly or in part; and the seats exempted from 
 rent shall be at the disposal of the churchwardens as in an 
 ancient parish church (k). 
 Under Act of 663. Under the Act of 1824, where the existing church 
 holders elect accommodation in any parish, chapelry, township or extra- 
 trustees, who^ parochial place is insufficient for one-fourth of the inhabi- 
 of church. tants, persons may subscribe to build or buy a church or 
 chapel, to continue under the management of trustees 
 elected by such pew-holders as have subscribed at least 
 501. ; and the trustees have the nomination of a clergy- 
 man for the next two turns, or any number during forty 
 years (Z). 
 Proposal for 664. The preliminary proj)Osal must state the number 
 
 state pnipor- Or proportion of iree seats, when part of the funds is 
 advanced by the commissioners, and offer out of the rents 
 of the other seats to provide a competent salary for the 
 
 tion of free 
 seats. 
 
 (/t) 19 & 20 Vict. c. lO't, s. 7. 
 
 ((•) Ibid. s. S. 
 
 (70 14 & 16 Vict. c. 97, s. 1. 
 
 (0 5 Geo. IV. c. 103, ss. 5, 6, 7, 12. 
 
». GENERAL CHURCH BUILDING ACTS. 155 
 
 clergyman, and for expenses of service and maintenance ». General 
 of the building (m). '■ 
 
 665. The Act of 1831 requires (amongst other things) Persons build- 
 that the bishop should be supplied with a certificate, produce certi- 
 signed by an architect or surveyor and attested by two sufficient Tc- 
 respectable householders in the parish, to the effect that commodation. 
 the existing churches and chapels do not afford by actual * 
 admeasurement accommodation for more than one-third of 
 
 the inhabitants (n). 
 
 666. But if the person or persons who buUd the church Unless they 
 also endow it, to the satisfaction of the commissioners, -^^^^ q,. ^jjji. 
 with lands or monies exclusively or in addition to the pew °"' P^^ rents; 
 
 •' ■■- ana then they 
 
 rents or other profits arising therefrom, the commissioners have patron- 
 may declare the right of nominating the minister to be 
 for ever in such person or persons and their heirs, assigns 
 and appointees (o). But the patronage shall not be vested 
 in more than five trustees, unless the commissioners have, 
 previous to 15th October, 1831, sanctioned a larger num- 
 ber of trustees, or such patronage shaU. pass by descent to 
 coparceners, or by gavelkind or otherwise ( p). 
 
 667. The scale of rents is to be fixed by the trustees Trustees to fix 
 or person who builds or endows, and approved by the to bishop :''pre- 
 bishop, and may be altered in like manner : in the yearly ^^^^ 
 letting by the churchwardens a preference is to be given parishioners, 
 to parishioners {q). 
 
 668. Kenters of pews in a church or chapel, built under Renters of 
 the Act of 1831, are to elect one churchwarden, whose Act of 1831) to 
 duty, iointly with the other who is chosen by the incum- ^^^'^\ °°® 
 
 J ' J J -I warden. 
 
 bent, is to receive the rents and pay stipend, salaries and 
 
 (m) 5 Geo. IV. c. 103, ». KJ. 
 (n) 1 & 2 Will. IV. u. .38, s. 3. 
 (o) 7 & 8 Geo. IV. .;. 72, s. 3. 
 (j7) 1 & 2 Will. IV. c. 38, s. 5. 
 (g) Ibid. s. i. 
 
156 
 
 BK. II. LAW.— D. CHUliCIIES UNDERACTS OF PARLIAMENT. 
 
 a. General 
 Acts. 
 
 Doubts as to 
 power of re- 
 taining seats 
 after beginning" 
 of service. 
 
 Lease deter- 
 mines on 
 lessee be- 
 coming non- 
 parishioner. 
 
 Lease deter- 
 mines on 
 lessee leaving 
 parish, or by 
 non-user. 
 
 Kents in 
 chapel of ease 
 cease on its 
 becoming dis- 
 trict chapel. 
 
 expenses ; and in default of payment of rents to sell the 
 seats by auction or otherwise («). It is not specified that 
 either of the persons chosen and elected as churchwardens 
 should be inhabitants of the parish or district. 
 
 669. Doubts have been often entertained whether, in 
 the event of any persons, to whom seats are let, not occu- 
 pying them at the beginning or at any specified part of 
 divine service, the seats can be made available for other 
 persons during that or the remainder of that service ; but 
 the question seems never to have been tried. 
 
 670. Where an inhabitant, having a lease of a pew or 
 sitting in a church for a longer term than a year, ceases 
 to be an inhabitant of the parish, or discontinues attend- 
 ance at church for a year, then such lease is to determine 
 at the expiration of the then current year, and the pew 
 may again be let in manner above described (t). 
 
 671. In case of lease of a pew to an uihabitant of the 
 parish, if he cease so to be, or discontinue attendance at 
 the church for a year, his interest in the pew ceases and 
 determines, and the pew may be let again (f). 
 
 672. A chapel vested by deed in 1840 in trustees as a 
 chapel of ease, with permission to the vicar and church- 
 wardens to let the pews, and for the churchwardens to 
 apply the rents towards expenses and to pay the balance to 
 the vicar, became, by order in council in 1860, a district 
 chapel with right of performing marriages, &c., the fees 
 for w'hlch were to belong to present vicar for life and after- 
 wards to the minister of the chapel : but no mention was 
 made in the order about pew rents. It was held that the 
 effect of the order was to withdraw the chapel from the 
 purposes of the trust deed, and constitute it a benefice ; 
 
 («) 1 & 2 'Win. IV. c. 38, o. 16j 8 &. 9 Vict. c. 70, s. 7. 
 (t) 3 Geo. IV. ^. 72, s. 25. 
 
a. GENERAL CHURCH BUILDING ACTS. 157 
 
 and to deprive the vicar and churchwardens of all right a. General 
 
 to receive the pew rents (a). Qucere, whether after the '■ 
 
 creation of a district chapelry the pews could lawftdly be 
 let at all (x). 
 
 673. A gradual restoration of the system of freedom of Owners may 
 seats is contemplated in the Act of 1822, whereby it is their rights to 
 provided that the Church Building Commissioners may, geats^* '^^ 
 with consent of the owners, transfer aU rights in any pews 
 
 in an existing church, belonging to persons in the new 
 district, to any church or chapel of such district built under 
 the provisions of the Church Building Acts, for the pur- 
 pose of increasing the number of free seats in the church 
 from which such rights may be transferred. Every such 
 transfer shaU state under what title the pew was held, and 
 shall suffice without any faculty or other instrument, and 
 shall be registered in the registry of the diocese, and a 
 duplicate deposited in the chest of the church or chapel in 
 which such pew is so assigned (y). No greater right can 
 be given in the new church than was formerly possessed 
 in the old church. 
 
 674. And greater facilities are afforded for the same Facilities for 
 object by the Act of 1869. Whenever by any pubhc or ^""■'="^>'^'"- 
 private act of parliament, or by any deed, the sittings or 
 
 any of them in any church or chapel, whether consecrated 
 or unconsecrated, are subject to any trust as to their grant, 
 demise, sale or disposal, or are private property for any 
 estate whatsoever, the trustees of such church or chapel, 
 or other the person exercising powers of grant, &c., or 
 possessing any rights of ownership by reason thereof, or 
 any person to whom such sittings belong, either with or 
 without consideration, may surrender to the bishop, or 
 
 («.) Fitzgerald v. Fitzpatrick, Laiv J. Hep., 33 N. S., Clanc. p. 673. 
 
 (x) Ibid. p. G70. 
 
 (y) 3 Geo. IV. c. 72, =i. 23. 
 
158 
 
 BK. II. LAW. — D. CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 a. General 
 Acts. 
 
 To be by deed 
 and registered. 
 
 And former 
 rights and 
 obligations 
 cease. 
 
 Sittings then 
 Test in bishop 
 till consecra- 
 tion of build- 
 ing; then be- 
 come as seats 
 in old parish 
 church. 
 
 Other rights 
 cease except 
 jjatronage. 
 
 the Ecclesiastical Commissioners, aU rights of ownership, 
 grant, demise, sale, disposal, or other right whatsoever 
 they may have in such sittings (z). 
 
 675. Every such surrender must be by deed executed by 
 all parties thereto, including the bishop and patron, and 
 registered in the diocesan registry (a). 
 
 676. Upon such surrender the trusts or rights of owner- 
 ship and the obligations affecting such sittings, under such 
 act of parliament or deed, shall at once and ipso facto de- 
 termine and be thenceforth void (6). 
 
 677. Such sittings thereupon, to the extent of the rights 
 or powers expressed to be surrendered, become subject to 
 the same laws as to rights and proj)erty therein as the 
 pews and sittings of ancient parish churches are now sub- 
 ject to. It is provided, that if the church or chapel be not 
 consecrated, the surrendered sittiags belong absolutely to 
 the bishop and his successors, or the commissioners, as the 
 case may be, until the consecration of the church or chapel, 
 from and after which the said sittings are subject to the 
 same laws as to all rights and property therein as the pews 
 and sittings of ancient parish churches. And the freehold 
 of any church or chapel, consecrated or unconsecrated, 
 may be transferred to the commissioners in like manner as 
 the sittings and be held by them until the consecration, 
 after which they become subject to the same laws of rights 
 and property therein as the pews and sittings of ancient 
 parish churches (c). 
 
 678. When there has been a complete surrender of the 
 rights, powers, obligations and trusts affecting the sittings, 
 
 (z) New Parishes and Church Building Acts Amendment, 32 & 33 
 Vict. c. 94, s. 2. 
 {a) Ibid. s. 3. 
 (i) Ibid. B. 4. 
 (c) Ibid. ss. 5 & 6. 
 
a. GENERAL CHURCH BUILDING ACTS. 159 
 
 or when the transfer of the church or chapel has been a. Genekal 
 
 effected, all other rights, powers, obligations and trusts '- — 
 
 derived from the act of parliament or deed under which 
 the church or chapel was built, absolutely cease and 
 determine : saving that rights of patronage are not 
 affected (d). 
 
 679. A person living in a parish or district formed Seats in old 
 under the Church Building Acts, who has claimed and abandoned < 
 
 had assigned to him sittings in the church thereof, thereby urtmenTfn^dis- 
 
 surrenders as to any right he may have possessed, an equal *™' church 
 
 ... ... where resideut. 
 
 number of sittings in the church of the original parish or 
 
 ecclesiastical district out of which such parish has been 
 
 taken, unless he hold them by faculty or under act of 
 
 parhament (e). Seats held by prescription are not referred Prescriptive 
 
 to ; and it may, therefore, be doubted whether they would 
 
 not be absolutely abandoned. 
 
 680. An incumbent entitled to pew rents may thereby pg^ j-^^jg ^3,, 
 
 be entitled to the franchise ( f). The freehold interest in confer fran- 
 
 ^•^ ' _ _ enise upon 
 
 the church appears to be the real qualification, and the incumbent, 
 only importance of pew rents is to make the value suffi- 
 cient; because if the incumbent has a bare freehold in the 
 church, with no power to make any profit out of it, that 
 does not quahfy. The fees on marriages, &c. do not afford 
 the money qualification (</). The best description in a 
 claim of the kind would seem to be "freehold church with 
 right to pew rents" (A). 
 
 (d) New Parishes aud Oh. Bg. Acts Amend., 32 & 33 Vict. c. 04, s. 7. 
 
 (e) 19 & 20 Vict. c. 104, s. 5. 
 
 (/) 15 Solicitor's Journal, p. 893 (21 Oct. 1871). 
 (g) Kirton v. Dear, 18 IVecklt/ Rep. p. 144. 
 (7t) 15 Solkitor's Journal, p. 893. 
 
160 EK. II. LAW. — D. CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 PART D. 
 
 CHURCHES BUILT UNDEE ACTS OF PAELIAMENT. 
 
 DIVISION b. 
 
 b. Peivatb pEi r ATE AC TS. 
 
 Acts. 
 
 Private acta 681. As private acts are in tlieir nature exceptions to 
 
 to general law. ^^ general law of tlie land, and eacli case to which they 
 
 refer is necessarily governed hy its own special provisions, 
 
 very few points affecting more than an individual locahty 
 
 can be stated or laid down. 
 
 Under a local 682. It was, however, decided that where under a local 
 
 act rector not ^ t , \ ^ 
 
 necessarily act 01 parliament (a) the vestrymen were empowered to let 
 en e pew. ^ ^^ pews in a chm'ch, " except the pews or seats to be 
 appropriated for the gratuitous accommodation of the poor," 
 the court had no power to engraft another exception, and 
 the vestrymen, consequently, had power to remove the 
 rector fi-om one of two pews of which he had been in 
 possession from the time of his induction, and to let them 
 to another inhabitant householder {h). 
 Thonghby 683. Under such circumstances it is not wise, just, ex- 
 
 vestry, pedient, or proper, on the part of the vestry, for the salie 
 
 of a paltry saving of a few pounds, to deprive the rector of 
 his pew, or to exact rent for it. And, although the Eccle- 
 siastical Court decided against the rector, because it was 
 bound by the act of parliament, it refused to condemn him 
 in costs (c). Such an act of parliament directly overturns 
 
 (a) 51 Geo. III. c. 151, ss. 51, 52. 
 (S) Spry V. Flood, 2 Oiirt. p. 305. 
 (c) Ibid. p. 397. 
 
b. PKIVATE ACTS. 161 
 
 all the common law upon the subject, for it at once sub- b. Private 
 
 verts the authority of the churchwardens, the ancient offi '■ 
 
 cers of the church, and confers it upon the vestrymen, who 
 by the old law had no authority at aU(tf). 
 
 688. Where the act empowered trustees for puHing Pews sold 
 down and rebuilding the church of a chapehy, to sell and ™j ihyiitcd to 
 dispose of the fee simple and inheritance of the pews or 'lesccnd to in- 
 
 „ , . , . . -, . T . , habitants, give 
 
 seats to any of the inhabitants or residents withm the no vote for 
 
 chapelry, with power of sale to any other inhabitants, but *^°"° ^' 
 
 mth provision that on the death of the purchaser and in 
 
 default of so descending to revert to the trustees; and the 
 
 form of conveyance annexed to the statute granted the 
 
 pew to the purchaser, his heirs and assigns for ever: the 
 
 Court of Common Pleas held, that it was not the intention 
 
 of the act to take the freehold from the rector and vest 
 
 it in the trustees; the purchaser only acquired a right of 
 
 user; and, therefore, did not acquire a vote for the county 
 
 by reason that the pew was worth 405. per annum (e). 
 
 689. In another case of a church built under private Pews sold 
 acts, whereby trustees were empowered "to let or sell, and vesting the fee 
 transfer and convey, for the purpose only of attending simple m the 
 divine service," and where it was declared that the fee not give a vote 
 simple and inheritance should be vested in the subscribers, 
 
 or the proprietors for the time being of the pews, their 
 heirs and assigns for ever : the Court of Common Pleas 
 held that by common law the fi-eehold was generally in 
 the parson, and the right of the inhabitants was limited to 
 use during the services of the church, and at times when 
 open for use, and subject to the regulations of the church ; 
 and the act did not vest the freehold in the purchaser. 
 The right was not an interest in the land, but more in the 
 
 ((?) Spry V. Flood, 2 Curt. p. 365. 
 
 (e) I-Iinde r. Chorlton, 15 law Times, p. 472 (I8G7). 
 
 H. VOL. II. M 
 
162 
 
 BK. II. LAW. — D, CHURCHES UNDER ACTS OF PARLIAMENT. 
 
 b. Peivate 
 Acts. 
 
 Same rale ap- 
 plies to public 
 act for local 
 purpose. 
 
 Facilities for 
 surrender. 
 
 nature of an easement, although this act attached rights 
 of perpetuity of succession. Consequently, though of 5i. 
 annual value, such pew was not a freehold estate entitling 
 the owner to a vote for the county {/). 
 
 690. And this was immediately followed by a case of a 
 church rebuilt under a pubHc act for building East Stone- 
 house Chapel, whereby the pews were to be appropriated 
 by the trustees to the subscribers, and then to become vested 
 in such proprietors, their heirs and assigns for ever. The 
 same court decided, in accordance with the last-mentioned 
 case, that there was not a freehold interest entitling the 
 proprietor of a pew to a vote for the county (ff). 
 
 G91. Whenever by any public or private act of parlia- 
 ment, or by any deed, the sittings, or any of them, in any 
 church or chapel, whether consecrated or unconsecrated, 
 are subject to any trust as to their grant, demise, sale or 
 disposal, or are private property for any estate whatsoever, 
 the trustees of such church or chapel, or other person 
 exercising powers of grant, &c., or possessing any rights 
 of ownership by reason thereof, or any person to whom 
 such sittings belong, either with or without consideration, 
 may surrender to the bishop, or the Ecclesiastical Com- 
 missioners, all rights of ownership, grant, demise, sale, 
 disposal or other right whatsoever they may have in such 
 sittings (A). 
 
 692. The other provisions of the act touching this point 
 are already given in Division a relating to the general 
 Church Building Acts, to which they equally apply. 
 
 (/) Brnmfitt v. Roberta & org., Z. R., 5 Com. PI. p. 233 (1870). 
 (j) Greenway v. Hockin, L. R., 5 Com. PI. p. 235 (1870). 
 (li) New Parishes Acts Amendment, 32 & 33 Vict. c. 94, s. 2. 
 
LIST OF CASES. 
 
 ABBEEVIATIONS. 
 
 Adm. & Eccles. indicates Admi- 
 ralty & Ecclesiastical. 
 C. B. indicates Common Bench. 
 C. P. „ Common Pleas. 
 Chanc. „ Chancery. 
 Cons. „ Consistory. 
 Eccles. „ Ecclesiastical. 
 
 Eq. indicates Equity. 
 
 Exch. 
 K. B. 
 N. P. 
 P. C. 
 Q. B. 
 V. C. 
 
 Exchequer. 
 King's Bench. 
 Nisi Prius. 
 Privy Council. 
 Queen's Bench. 
 Vice Chancellor. 
 
 Anon. 
 
 Archer v. Sweetman 
 Archer, Swetnam v. 
 Astley V. Biddle 
 Ayliffe, Eaton v. 
 
 Baker v. Child . . 
 
 Baker v. Richardson 
 
 Baldwyn, Colebach v. .. 
 
 Barnes, Partington v. Rector of 
 
 Barrow v. Keen 
 
 Barrow v. Kew . , 
 
 Bastin, Rippin & W. v. 
 
 Bateman, Bnnton v. 
 
 Bateman, Buxton v. . • . . 
 
 Battiscomhe v. Eve 
 
 Beardsly, Greaterchy v. 
 
 Beddingfield, Day ii, . . . • 
 
 Biddle, Astley v. 
 
 Bingham, Duke of Portland v. . 
 
 Blake v. Usborne 
 
 Paragraph in 
 this work. 
 12 Modem, K. B. Rep 140 
 
 Eortescue, K. B. Rep. . . . . 345 
 
 8 Modem, K. B. Rep. . . 417, 421 
 
 1 Haggard, Cons. Rep. . . 235, 243 
 Hetley, C. P. Rep. ; Hobart, K. B 
 
 Rep. . . . , . . 
 
 2 Vernon, Chanc. Rep. 
 4 Barnewall & Alderson, K. B. Eep. 
 
 2 Lutwyche, C. P. Rep 
 
 2 Lee, Eccles. Rep. , . . . 
 
 Sideriin, K. B. Rep. . . . . . . 
 
 2 Keble, K. B. Rep 
 
 Law Journal Eep. N. S. Eccles. . . 
 
 1 Levinz, K. B. Rep. 
 
 Siderfin, K. B. Rep 
 
 Jurist, 9 N. S. ; Law Journal, N. S. 
 
 2 Levinz, K. B. Rep. 
 Noy, K. B. Rep. 
 1 Haggard, Cons. Eep. 
 1 Haggard, Cons. Rep. 
 
 3 Haggard, Eccles. Eep. 
 
 Booth, Stocks V. 
 
 Brabin v. Tradam 
 Brabiu v. Trediman 
 Brewster, Spooner v. 
 
 1 Term Eeports, K. B. 
 
 Popham, K. B. Rep. 
 
 2 Rolle, K. B. Rep. . . 
 8 Bingham, C. P. Rep. 
 
 M 2 
 
 140 
 
 423 
 
 385 
 
 178 
 
 30 
 
 100 
 
 100 
 
 153 
 
 407 
 
 3S8 
 
 146 
 
 90, 180 
 
 .. 129 
 
 . . 235, 243 
 
 ..281 
 
 72, 226, 255, 
 
 266, 354, 392 
 
 188, 225, 301, 
 
 307, 351 
 
 . . 179, 307 
 
 ..177 
 
 . . 101, 104 
 
164 
 
 LIST OF CASES. 
 
 Bridger, Pettman v. 
 
 Brooks, Rogers v. 
 Buntou V. Batemau 
 Border, Veley v. 
 Bnrnet, Hole v. . . 
 Barton v. Hensou 
 Bushnell, Rich v. 
 Butt V. Jones . . 
 
 Bnxton v. Bateman 
 Buzzard's case . . 
 Byerley v. Windua 
 
 Cambridge (Univ.of),HaIIack«. 
 Cardinall ». Molynenx 
 Chapman v. Jones . • 
 
 Cheslom, Witcher v. .. 
 Child, Baker «... 
 Churton v. Frewen . . 
 Chute, Langley v. 
 Clifford V. Weeks 
 
 Colebach & others v. Baldwin . 
 
 Collins, Mant v. 
 
 Cordingley, Ritchingg v. 
 
 CorTen, (Pym) v. 
 
 Cosens, Darby v. 
 
 Craig V. Watson . . . 
 
 Curtis, Morgan v. 
 
 Dallow, Jacob v. 
 
 I'araffraph In 
 this work. 
 1 Phillimore, Eccles. Rep. 84, 187, 214, 
 220, 230, 310, 364, 389, 392, 401 
 1 Term Reports, K. B. . . 188, 398 
 1 Levinz, K. B. Rep. . . . . 407 
 
 12 Adolphus & Ellis, K. B. Rep. . . 154 
 
 1 Haggard, Cons. Rep. . . . . 242 
 10 Meeson & Welsby, C. P. Rep. . . 269 
 
 4 Haggard, Eccles. Rep. .. ..130 
 
 2 Haggard, Eccles. Rep. 299, 321, 323, 
 
 355, 359 
 
 Siderfin, K. B. Rep 388 
 
 2 Rolle'a Abridgement . . . . 408 
 
 5 Bamewall & Cresswell, K. B. Rep. 210, 
 
 222, 256, 260, 302, 308, 310, 311, 312, 
 313, 370, 419, 420, 426 
 
 1 Q. B. Rep. . . 
 
 Law Times, 4 N. S. . . 
 
 Law Reports, 4 Exch. 
 
 .. 312,356 
 71,143 
 
 121, 287, 300, 
 377, 411 
 .. 422 
 ..423 
 
 . . 410, 424 
 
 Daniel, Lee v. .. .. . 
 
 Darby v. Cosens 
 
 Dawtree v. Dee . . 
 
 Day V. Beildingfield & others . 
 
 Dearie v. Southwell 
 
 Dee, Dawtree v. ,, 
 
 Derry Cathedral . . 
 
 Dewdncy v. Good 
 
 Drewe, Harris v. 
 
 1 Wilson, K. B. Rep. 
 
 2 Vernon, Chanc. Rep. 
 Law Reports, 2 Eq. . . 
 Sir Thos. Raymond, K. B. Rep. . . 181 
 
 1 Bamewall & Alderscn, K. B. Rep. 159, 
 
 160, 270 
 
 2 Lutwyche, C. P. Rep 178 
 
 10 Jurist ; 15 Law Journal, Q. B. . . 120 
 Law Reports, 3 Adm. & Eccles. . . 173 
 12 Coke, K. B. Rep 139, 183 
 
 1 Term Rep., K. B. Rep 426 
 
 Sir R. J. Phillimore (nnrep.) 238, 241, 
 
 300, 309 
 
 3 Manning & Eyland, K. B. Rep. 159, 
 
 169, 195, 248 
 
 2 Salkeld, K. B. Rep. ; 2 Lord Ray- 
 mond, K. B. Rep 420 
 
 12 Modern, K. B. Rep 145 
 
 1 Term Reports, K. B 426 
 
 2 Jac., C. B. Rep 66,101 
 
 Noy, K. B. Rep 129 
 
 2 Lee, Eccles. Rep 346 
 
 2 Jac. C. B. Rep 66, 101 
 
 Law Times Reports, 8 N. S. 2, 4, 5, 
 
 132, 396 
 Jurist, 7 N. S. ; Law Reports, 8 Adm. 
 
 & Eccles 103 
 
 2 Bamewall & Adolphus, K. B. Rep. 304, 
 
 306, 381 
 
LIST OF CASES. 
 
 165 
 
 Driiry v. Harrison 
 Eaton V. Ayliffe 
 
 Ellis, HaUu.. 
 Ellis, Jones v. 
 
 Ely (Bishop of) v. Gibbons 
 Evans v. Slack & others 
 
 Eve, Battiscombe ■!;. 
 Eitzwalter v. 
 
 Elood, Spry v. 
 
 Prances v. Ley . . 
 Francis v. Law . . 
 French v. Trask 
 Erewen, Churton v. 
 Faller v. Lane . . 
 
 Garven, Pym v... 
 Gibbons, Bishop of Ely v. 
 Gilbert, May v. . . 
 Giles, Mainwaring v. 
 
 Gilson V. Wright 
 Good, Dewdney v. 
 
 Gorwyn, Pym v. 
 Gosling V. Veley 
 
 Gray v. 
 
 Greaterchy v. Beardsly 
 Groves v. Rector of Hornsey . 
 
 Gunner & Drury, Walter v. 
 
 Hall V. Ellis 
 
 Hallack v. Univ. of Cambridge 
 Hansard, Sharpe v. 
 Harford v. Jones 
 
 Paragraph in 
 thla work, 
 
 3 Phillimore, Eccles. Rep. 169, 207, 247 
 
 Hetley, 0. P. Rep. j Hobart, K. B. 
 Rep no 
 
 Noy, K. B. Rep. 156, 270, 272, 278, 
 
 404, 405 
 
 2 Younge & Jervis, Exch. Eep. 108, 109, 
 
 112, 113 
 
 4 Haggard, Eccles. Rep 92 
 
 Law Journal Rep., 38 N. S., Eccles. 31, 
 
 32, 33, 38, 41, 42, 43, 44, 45, 52, 53, 
 
 54, 55. 
 
 Jurist, 9 N. S.; Law Journal, N. S.. 146 
 
 Year- Book 8 Henry VII. 12 . . 14 
 
 2 Ourteis, Eccles. Rep. 233, 250, 275, 
 
 281, 397 
 
 Croke, K. B. Rep 112 
 
 2 Croke, K. B. Rep 129 
 
 30 East, K. B. Rep 426 
 
 Law Reports, 2 Eq 410, 424 
 
 2 Addams, Eccles. Rep. 132, 134, 150, 
 165, 168, 187, 1!)2, 197, 201, 239, 251, 
 252, 256, 260, 286, 311, 312, 317, 318, 
 319, 320, 322, 324, 325, 328, 334, 335, 
 340, 342, 349, 350, 352, 358, 363, 364, 
 392, 394, 400 
 Godbolt, K. B. Rep 183, 407 
 
 4 Haggard, Eccles. Rep. . . . . 92 
 2 Bulstrode, K. B. Rep. 403, 404, 405 
 
 5 Bamewall & Alderson, K. B. Rep. 148, 
 
 149, 279, 378, 380, 416 
 
 Noy, K. B. Rep 98, 103 
 
 Jurist, 7 N. S. ; Law Reports, 3 Adm. 
 
 & Eccles , . . 103 
 
 Moor, K. B. Rep. 105, 183, 186, 402, 407 
 
 12 Q. B. Rep. 84 
 
 Cited in Moor, K. B. Rep 105 
 
 2 Levinz, K. B. Rep. . . 90, 180 
 ] Haggard, Cons. Rep. 31, 33, 34, 41, 
 
 42, 43, 44, 45, 59, 60, 62, 63, 64, 69, 
 74, 75, 76, 189, 199, 254, 337, 338, 
 372, 400 
 
 1 Haggard, Cons. Rep. . . 172, 202, 
 203, 204, 205, 206, 212, 236, 237, 238, 
 258, 264, 303, 307, 308, 314, 315, 316 
 
 Noy, K. B, Rep. 155, 270, 272, 278, 
 
 404, 405 
 
 1 Q. B. Rep 312, 356 
 
 3 Haggard, Eccles. Eep 329 
 
 1 Haggard, Cons. Rep. . . 240, 341 
 
166 
 
 LIST OF CASES. 
 
 Hannan v. Renew 
 Harris v. Drewe 
 
 Harris v. Wiseman 
 Harrison, Drtiry v. 
 Harrison v. Swayne & S. 
 
 Haynes' case . • 
 Henson, Burton v. 
 Hole V. Burnet . . 
 Homsey, Groves v. Rector of . 
 
 Hutton's case . 
 Jacob V. Dallow 
 
 Jarratt v. Steele 
 Jones, Butt v. . • 
 
 Jones, Chapman v. 
 Jones V. Ellis . . 
 
 Jones, Harford v. 
 Keen, Barrow v. .. 
 
 Kensington (Churchwardens . 
 of) V. Trier 
 
 Kew, Barrow v 
 
 KingsfordjSicTekingandE.i;. . 
 
 Knapp & others v. Nicholl 
 
 Knight, Tattersall ». . . 
 
 Lane, Fuller v 
 
 Langley v. Chute 
 Law, Francis ■». . . 
 Lieach, Parker v. 
 Lee V. Daniel . . 
 Lee V. Matthews 
 Ley, Frances v. 
 Londonderry Cathedral 
 Mainwaring v. Giles • . 
 
 Paragraph In 
 this work. 
 3 Salkeld, K. B. Rep. . . . . 86 
 
 2 Bamewall & Adolphns, K. B. Rep. 304. 
 
 306, 381 
 
 Winch, C. P. Eep 307 
 
 , 1 Phillimore, Eccles. Eep. 169, 207, 247 
 Sir E. J. Phillimore (unpublished) 36, 37, 
 
 339, 344 
 12 Coke, K. B. Eep. . . . . 294 
 10 Meesou & Welsby, C. P. Rep. . . 269 
 1 Haggard, Cons. Rep 242 
 
 1 Haggard, Cons. Rep. 31, 33, 34, 41, 42, 
 43, 44, 45, 59, 60, 62, 63, 64, 69, 74, 75, 
 
 76, 189, 199, 254, 337, 338, 372, 400 
 Latch, K. B. Eep 416 
 
 2 Salkeld, K. B. Eep. ; 2 Lord Ray- 
 mond, K. B. Eep 420 
 
 3 Phillimore, Eccles. Eep 95 
 
 2 Haggard, Eccles. Eep. 229, 321, 323, 
 
 355, 359 
 Law Reports, 4 Exch. 121, 287, 300, 377, 
 
 411 
 
 2 Younge & Jervis, Exch. Eep. 108, 
 
 109, 112, 113 
 
 1 Haggard, Cons. Rep. . . 240, 341 
 
 Sidei-fin, K. B. Rep 100 
 
 1 Haggard, Cons 239 
 
 2 Keble, K. B. Eep 100 
 
 15 Law Times Eep.; Law Journal 
 
 Eep., 36 N. S. . . 27, 97, 110, 111 
 
 2 Robertson, Eccles. Eep. 29, 56, 78, 345, 
 
 358, 391, 395, 399, 425 
 
 1 Phillimore, Eccles. Eep. 46, 47, 48, 49, 
 50, 51, 58, 73, 77, 185, 186, 304, 305, 336, 
 
 353 
 
 2 Addams, Eccles. Eep. 132, 134, 150, 
 
 165, 168, 187, 192, 197, 201, 239, 251, 
 252, 256, 260, 280, 311, 312, 317, 318, 
 319,320, 322, 324, 325, 328, 334, 335, 
 340, 342, 349, 350, 352, 358, 363, 364, 
 392, 394, 400 
 Sir Thos. Eaymond, K. B. Eep. . . 181 
 
 2 Croke, K B. Eep 129 
 
 4 Moore, P. C. Eep 147 
 
 12 Modern, K. B. Eep 145 
 
 3 Haggard, Eccles. Eep 112 
 
 Croke, K. B. Eep 112 
 
 Law Times Eep., 8 N. S. 2, 4, 5, 132, 396 
 
 5 Bamewall & Alderson, K. B. Rep. 148, 
 
 149, 279, 378, 380, 416 
 
LIST OF CASES. 
 
 167 
 
 Mant 13. Collins 
 
 Matthews, Lee v. 
 
 May V. Gilbert 
 
 Molyneux, Cardinall v. 
 Monkton, Reynolds v 
 
 Morgan v. Curtis 
 
 Morris, Thomas & H. u. 
 Moss, Wilkinson v. 
 Mott & French, Wyllie v. 
 
 NichoU, Knapp & others v. . . 
 
 Oaldridge, WooUocombe v. . . 
 
 Parham v. Templar 
 
 Parker v. Leach 
 
 Partington v. Rector of Barnes . 
 
 Pettman v. Bridger 
 
 Portland (Duke of) v. Bingham 
 Presgrave v. Churchwardens . . 
 
 of Shrewsbury. 
 (Pym) V. Corven 
 Pym V. Garven . . 
 Pym V. Gorwyn . . 
 Renew, Harman v. 
 Reynolds v. Monkton 
 Rich V. Bnshnell 
 Richardson, Baker ■». . . 
 Richardson v. Thomas . . 
 Rippin & W. V. Bastin 
 Ritchings v. Cordingley 
 Robinson, Woodman v. 
 Rogers v. Brooks 
 Sharpe v. Hansard 
 Shrewsbury (Chwardens of), . . 
 
 Presgrave v. 
 Sieveking & E. v. Kingsford . . 
 
 Slack & others, Evans v. 
 
 Southwell, Dearie v. 
 Spooner v. Brewster 
 Spry V. Flood 
 
 Paragraph in 
 this work. 
 10 Jurist ! 15 Law Journal, Q. B. . . 120 
 3 Haggard, Eccles. Rep. . . . . 112 
 2 Bulstrode, K. B. Rep. 403, 404, 405 
 Law Times, 4 N. S. . . 71, 143 
 
 2 Moody & Robinson, N. P. Rep. . . 267, 
 
 268 
 
 3 Manning & Ryland, K. B. Rep. . . 159, 
 
 169, 195, 248 
 
 1 Addams, Eccles. Rep. . . . . 40 
 
 2 Lee, Eccles. Rep. . . 28, 227, 229 
 
 1 Haggard, Eccles. Rep. 167, 198, 207> 
 
 213, 218, 219, 224, 228, 234, 237, 238, 
 244, 245, 249, 253, 257, 259, 300 
 
 2 Robertson, Eccles. Rep. 29, 56, 78, 345, 
 
 358, 391, 395, 399, 425 
 
 3 Addams, Eccles. Rep. 231, 256, 262, 
 
 326, 327 
 
 3 PhUIiraore, Eccles. Rep. 21, 22, 23, 57, 
 
 70, 73, 114, 208, 215, 246, 256, 260 
 
 4 Moore, P. C. Rep 147 
 
 2 Lee, Eccles. Rep. .. 30,331,332,333 
 1 Phillimore, Eccles. Rep. 84, 187, 214, 
 
 220, 230, 310, 364, 389, 392, 401 
 1 Haggard, Cons. Rep. . . . . 281 
 
 1 Salkeld, K. B. Rep 184 
 
 12 Coke, K. B. Rep 139, 407 
 
 Godbolt, K. B. Rep 183, 407 
 
 Moor, K. B. Rep. 105, 183, 186, 402, 407 
 
 3 Salkeld, K. B. Rep 86 
 
 2 Moody & Robinson, N. P. Rep. 267, 268 
 
 4 Haggard, Eccles. Rep 130 
 
 4 Bamewall & Alderson, K. B. Rep. 385 
 9 Adolphns & ElUs, K. B. Eep. ..274 
 Law Journal Rep., 38 N. S., Eccles. 153 
 Law Rep., 3 Adm. & Eccles. . . 173 
 
 Simons, 3 N. S., V. C. Rep 209 
 
 1 Term Rep. K. B 188, 398 
 
 3 Haggard, Eccles. Rep 329 
 
 1 Salkeld, K. B. Rep 184 
 
 15 Law Times Rep. ; Law Journal 
 
 Rep., 36N. S. .. 27,96,110,111 
 
 Law Journal Rep., 38 N. S., Eccles. 31, 
 
 32, 33, 38, 41, 42, 43, 44, 45, 52, 53, 
 
 54,55 
 
 2 Lee, Eccles. Rep 346, 347 
 
 3 Bingham, C. P. Rep. . . 101, 104 
 2 Curteis, Eccles. Rep. 233, 250, 275, 281, 
 
 r 397 
 
168 
 
 LIST or CASES. 
 
 Steele, Jarratt v. 
 Stevens v. Woodhouse . . 
 Stocks V. Booth . . 
 
 Swayne & S., Harrison v. 
 
 Sweetman, Archer v. , . 
 Swetnam v. Archer . . 
 Tattersall v. Knight 
 
 Templar, Parham «... 
 
 Tessimond v. Tardley . . 
 Thomas & Hughes v. Morris . 
 Thomas, Richardson v.., 
 Tradam, Brabin ». 
 Trask, French v. ., 
 
 Trediman, Brabin «... 
 Trier, Churchwardens of Ken- 
 sington V. 
 Usborne, Slake «. 
 
 Veley v. Barder. . . , 
 Veley, ftosling v. , , 
 
 Walter v. Gunner & Drury 
 
 Watson, Craig v. 
 
 Weeks, Clifford v. 
 
 Wilkinson v. Moss 
 Wiudus, Byerley v. 
 
 Wiseman, Hanis v. , . 
 Witcher v. Cheslom 
 Woodhouse, Stevens v. . . 
 Woodman u. Robinson . . 
 WooUocombe v. Ouldridge 
 
 Wright, Gilson v. 
 Wycher's (Lady) case . . 
 Wyllie V. Mott & French 
 
 Yardley, Tessimond v, . . 
 
 ramgraph in 
 this worlc. 
 3 Philliraore, Eccles. Rep. . . 95, 109 
 
 1 Haggard, Cons. Rep. 238, 239, 292 
 1 Term Rep. K. B. 188, 225, 301, 307, 
 
 351 
 Sir R. J. Phillimore(unpnb.) 36, 37, 339, 
 
 344 
 
 Fortescue, K. B. Rep. . . 417, 421 
 
 8 Modem, K. B. Rep. . . 417, 421 
 
 1 Phillimore, Eccles. Rep. 46, 47, 48, 49, 
 
 60, 51, 58, 73, 77, 185, 186, 304, 305, 
 
 336, 353 
 
 3 Phillimore, Eccles. Rep. 21, 22, 23, 57, 
 
 70,73, 114,208,215 
 
 5 Bamewall & Adolphus, K. B. Rep. 79 
 
 1 Addams, Eccles. Rep. 
 
 9 Adolphus & Ellis, K. B. 
 Popham, K. B. Rep. . . 
 
 10 East, K. B. Rep. . . 
 
 2 RoUe, K. B. Rep. . . 
 1 Haggard, Cons. Rep. 
 
 Rep. 
 
 40 
 274 
 179 
 426 
 177 
 239 
 
 3 Haggard, Eccles. Rep. 72, 226, 255, 
 
 266, 354, 392 
 
 12 Adolphus & EUis, K. B. Rep. . . 154 
 
 12 Q. B. Rep 84 
 
 1 Haggard, Cons. Rep. 172, 202, 203, 
 
 204, 205. 206, 212, 236, 237, 238, 258, 
 
 264, 303, 307, 308, 314, 315, 316 
 
 Sir R. J. Phillimore (unrep.) 238, 241, 
 
 300, 309 
 
 1 Bamewall & Alderson, K. B. Rep. 159, 
 
 160, 270 
 
 2 Lee, Eccles. Rep. . . 28, 227, 229 
 5 Bamewall Sc Cressvfell, K. B. Rep. 210, 
 
 222, 256, 260, 302, 308, 310, 311, 312, 
 313, 370, 419, 420, 426 
 
 Winch, C. P. Rep 307 
 
 1 Wilson, K. B. Eep. . . . . 422 
 1 Haggard, Cons. Rep. 238, 239, 292 
 Simons, 3 N. S., V. C. Rep 209 
 
 3 Addams, Eccles. Rep. 231, 256, 262, 
 
 326, 327 
 
 Noy, K. B. Rep 98, 102 
 
 Year Book, 9 Edward IV 128 
 
 1 Haggard, Eccles. Rep. 167, 198, 207, 
 
 213, 218, 219, 224, 228, 234, 237, 2:18, 
 
 244, 245, 249, 253, 257, 259, 300 
 
 5 Barnewall & Adolphus, K. B. Eep. 79 
 
GENERAL INDEX TO BOOK II. 
 
 Paragraph 
 
 256, 261—265 
 
 ..288 
 
 . . 506—508 
 
 ABANDONMENT, 
 of possessory rights . . 
 rights under faculty 
 rights by prescription 
 
 ABOLITION, 
 
 of Church Kates, effect on liahility 
 for repairs.. .. .. ..88 
 
 ABSENCE, 
 
 lease of pew terminated by, . . 671 
 
 ACCOMMODATION, 
 
 considered on grant of faculty . . 36 
 
 ACT OF PARLIAMENT, 
 
 alone can alter Law of Prohibition 579 
 private and local Acts . . 681 — 692 
 See " List of Authokitibs." 
 See Chuech-Building Acts. 
 
 ACT ON PETITION, 
 
 mode of proceeding in Ecclesiastical 
 Courts 
 
 ACTION, 
 
 at Common Law for prescription , 
 for disturbance in chancel seat 
 whether for right to sit 
 
 ACTION OF DEBT, 
 
 to recover arrears of rents . . 
 
 29 
 
 148 
 279 
 149 
 
 632 
 
 ACTION ON THE CASE, 
 
 for prescriptive rights 880, 451, 465 
 
 by persons jointly . . . . . . 505 
 
 for destroying chancel seats . . 520 
 
 to recover arrears of rents . . . . 632 
 
 form of Declaration . . . . 490 
 
 See Peesceiption. 
 
 ADDITIONAL ACCOMMODA- 
 TION, 
 need determined by Ordinary .. 61 
 probable need, a consideration in re- 
 spect to faculties . . . . 323—326 
 fund for, out of surplus rents . . 644 
 
 ADDITIONAL SERVICE, 
 
 appointed by Bishop . . . . 617 
 
 one-fourth of seats free .. ..617 
 
 Paragraph 
 AISLE, 
 effect of repair by parish . . . . 481 
 reversion to parish . . . , . . 288 
 
 See Peesceiption. 
 
 ALLOTMENT, 
 
 of cathedral seats . . . . . . 2, 4 
 
 in parish church by wardens . . 141 
 
 how guided.. .. .. 196,262 
 
 whether independent of bishop 175 — 185 
 whether reasonable and legal 141 , 194 
 if for money . . . . 238, 240 
 
 origin in 17th century ., ..165 
 
 inconvenience . . 167, 170, 171 
 
 when chairs instead of benches . . ] 73 
 seats in chancel .. .. ..151 
 
 alteration from time to time . . 25 1 
 
 abandoned for seat in new parish . . 265 
 prevention by faculty . . ..371 
 
 under Church-building Acts 624, 626, 
 
 627 
 See Rank and Station. 
 
 ALTAR OF CHAPEL, 
 of contiguous parishes determines 
 jurisdiction . . . . . . 601 
 
 ALTERATIONS, 
 
 in church, objection to, .. .. 209 
 
 of seats, with consent of Bishop . . 97 
 inspection by Archdeacon . . ..Ill 
 
 of seats in united parish, cost of, . . 89 
 
 ANNEXATION, 
 
 See Peesceiption. 
 
 APPEAL, 
 
 from Ordinary . . . . 
 
 fi'om Commissioners 
 prohibition after appeal 
 
 APPLICATION, 
 
 See Eaculty. 
 See Rents. 
 
 APPORTIONMENT, 
 
 of pew held by prescription 
 
 APPROPRIATION, 
 
 See Allotment. 
 See Faculty. 
 
 355, 356 
 
 606, 607 
 
 .. 567 
 
 447 
 
170 
 
 GENERAL INDEX TO BOOK II. 
 
 ARCHDEACON, 
 Member of Commission 
 inspecting seats in dispute . . 
 
 Paragraph 
 
 .. 604 
 ..111 
 
 ARMOUR AND ARMS, 
 belong to heir 
 trespass for pulling down . . 
 
 513,516 
 .. 105 
 
 ARRANGEMENT, 
 
 of parishioners by Bishop . . 
 See Allotment. 
 See Seats. 
 
 .. 137 
 
 ASSENT, 
 
 of Bishop to trifling alterations 
 
 22, 24, 
 25 
 
 574, 575 
 .. 578 
 
 ATTACHMENT, 
 
 for disobedience of prohibition 
 for fresh act in siinilar matter 
 
 AUCTION, 
 sale of pews by 
 
 683, 684 
 
 BEADLE, 
 
 salary paid out of rents 
 
 .. 646 
 
 BELLS, 
 
 remedy for removal of, 
 
 .. 540 
 
 BEQUEST, 
 
 of moTcable seats . . 
 of choir seats 
 
 17, 125 
 .. 18 
 
 BILL, 
 
 of quiet possession . . . . 423, 424 
 
 BISHOP, 
 
 has cure throughout diocese 1, 138 
 
 regulates seats in cathedral . . 2 
 
 examines rights on transfer . . 6 
 
 consent to erection of church . . 9 
 
 control over incumbent . . . . 9 
 control over parish church seats 19, 140 
 
 assent to alterations . . 23, 24 
 See Oedinaet. 
 
 BREAKING, 
 
 seat, an ecclesiastical offence . . 103 
 action for trespass for, 98 — 103, 191 
 
 church chest, or wall .. 539,542 
 
 BUILDING, 
 
 See Eeection. 
 See Fabeic. 
 
 CASE, 
 
 See Action on the Case. 
 
 CATHEDRAL, 
 
 foundation of cathedrals . . . . 8 
 
 parish church of diocese . . . . 1 
 
 may also be parochial . . . . 2 
 
 liability for repairs . . . . . . 1 
 
 whether seats permissible . . . . 2, 3 
 
 as to allotment of seats . . . . 2 — 4 
 
 Paragraph 
 CAT'SEDHAL.—eontinued. 
 seats, when also parochial . . . . 5 
 transfer to new parish church . . 6 
 
 CENSURE, ECCLESIASTICAL, 
 for not providing full accommoda- 
 tion 199,200 
 
 CHAIRS, 
 effect on system of allotment . . 173 
 
 CHALICE, 
 faculty for exchange . . . . 24 
 
 CHANCEL, 
 strictly, not included in church . . I.t.T 
 often used for chantry . . . . 152 
 repair by rector .. .. .. 81 
 
 CHANCEL SEATS, 
 
 generally . . . . . . ..151 
 
 Rector's chief seat . . 270—273, 436 
 Vicar or Perpetual Curate . . 274-— 277 
 Rector's family . . 161, 164, 233 
 
 lay impropriator . . . . . . 278 
 
 allotment .. . . 154—160, 163 
 
 repair 91, 92, 272 
 
 removal . . . . . . . . 109 
 
 presumption as to faculty . . 439, 462 
 
 CHANCERY, COURT OF, 
 as respects church alterations 71, 143 
 prohib. of Ecclesiastical Court 525, 549 
 jurisdiction by consent .. 423,424 
 
 CHANTRY CHAPEL, 
 often ca,\\ed a. cliaticel . . . . 152 
 not necessarily parted off . . . . 435 
 beyond jurisdiction of Ordinary 429, 431 
 freehold of inheritance . . . . 429 
 
 whether annexed to house, manor or 
 
 land . . . . 430, 433, 434 
 
 conveyance by owner . . . . 433 
 
 See Peescbiption. 
 
 CHAPEL, 
 removal of seats in . . . . . , 108 
 
 See Chantey. 
 
 CHAPEL OF EASE, 
 resembling earliest churches . . 7 
 
 allotment of seats in .. ..145 
 
 becoming a district church. . . . 672 
 
 CHAPEL, PRIVATE, 
 
 in natm'C of proprietary chapel . . 5S2 
 bishop's power over seats . . . . 580 
 
 affected by recent Ch.-bnilding Act 522 
 Act of Parliament in 1871 . . 580 
 
 CHAPEL, PROPRIETARY, 
 anomalous nature . . . . . . 583 
 
 no parochial rights . . 583 — 585 
 
 resemblance to private chapel . . 582 
 erection and appointment of seats 586 
 
GENERAL INDEX TO BOOK II. 
 
 171 
 
 Paragraph 
 CHAPELRY, 
 
 liability for repairs of church . . 83 
 
 CHOIR, 
 
 See Chaucel. 
 
 CHURCH, 
 
 cathedral, church of diocese . . 1 
 
 of old parish, 
 
 earliest, like Chapels of Ease , • 7 
 foundation of churches . . 8 — 10 
 
 term excluding chancel . . . . 153 
 enlarged if insufficient .. ..199 
 
 preservation of symmetry 69, 70, 388 
 door, lock and key .. ..121 
 
 seats not permanently appropriated 442 
 
 under Church-Building Acts, 
 
 loan for building secured by rents 636 
 allotment and rent of seats 135, 5 90, 591 
 rights in seats transferred to . . 599 
 See Repaies. 
 See SUESCRIBEES. 
 
 See Substituted Chuech. 
 
 CHURCH-BUILDING ACTS, 
 
 origin in 1818 587 
 
 grant by Parliament . . . ■ 588 
 
 list of Acts 595 
 
 general nature . . . . 589, 590 
 
 reserving rights of dignitaries 589, 696 
 
 CHURCH -BUILDING COMMIS- 
 SIONERS, 
 origin and ultimate amalgamation 587 
 power on nomination of clergyman 665 
 as regards repairs . . . . . . 652 
 
 rents of seats . . 641, 642, 647, 648 
 
 reduction or terrain, of rents 659 — 662 
 
 CHURCH-RATE, 
 
 compulsory rate abolished . . 200, 654 
 exception as to previous charges . . 657 
 aided by surplus rents . . 643, 644 
 
 CHURCHWARDENS, 
 of old parish churches, 
 
 duty to preserve order 170, 267—269 
 prevent improper occupation 172, 268, 
 
 269 
 
 authority as to seats 169, 174, 196 
 
 whether independent of ordinary 175, 
 
 182, 185, 187, 189 
 
 exercise of discretion 202, 207, 208, 
 
 214 
 effect of their allotment 213, 246—251 
 hinderance by faculty seats . . 363 
 repairs and removal of seats 80, 98 
 claim to abandoned seat . . .. 518 
 
 trespass by breaking into chapel 112 
 under Church-Building Acts, 
 
 one elected by renters . . . . 668 
 
 Paragraph 
 
 CHURCHWARDENS— flo»!;i»««(i. 
 under Church-Building Acts - contd. 
 as to seats . . . . . . . . 598 
 
 letting of seats .. .. 629,630 
 
 alteration of rental . . . . 628 
 
 collection of rents 620, 631, 668 
 
 recovery of arrears by action . . 630 
 by reletting or selling 633, 634, 668 
 
 CHURCHYARD WALL, 
 action for breaking . . ■ . . • 542 
 
 CITATION, 
 of parishioners on application for a 
 
 faculty 28 
 
 of churchwardens to provide a seat 203 
 to restore seats removed .. ..110 
 return to citation .. .. 204—206 
 
 CLEANING, 
 is not repair . • . • • • • . 4S3 
 
 CLERGY, 
 originally had no fixed cures . . 7 
 See CLEEGTMAir. 
 See CuEATE. 
 See Incumbent. 
 See Rectoe. 
 See TiCAE. 
 
 CLERGYMAN, 
 nomination by subscribers to church- 
 building 663 
 
 stipend paid out of rents 637-639, 640-642 
 whether rents confer franchise on. . 680 
 
 CLERK, 
 
 See Parish Cleek. 
 
 COAT-ARMOUR, 
 
 See Aemoukbe and Aems. 
 
 COMMISSION, 
 on transfer from cathedral to new 
 
 church 6, 369 
 
 on substitution of new church . . 366 
 on enlargement of parish ch. 602, 603 
 proceedings under .. .. 604,605 
 
 appeal from 606, 607 
 
 recommended for investigating 
 
 claims 366 
 
 See Ecclesiastical Couets Com- 
 mission. 
 
 COMMISSIONERS, 
 
 See Chubch-Building Commis- 
 sioners. 
 COMMITTEE, 
 for building, &c., proceedings of . . 45 
 
 COMMON LAW, 
 non-interference with ch. seats 403 — 405 
 
172 
 
 GENERAL INDEX TO BOOK II. 
 
 Paragraph 
 .. 39 
 
 CONFIRMATION, 
 of works done 
 See Faculty. 
 
 CONSECRATION, 
 on re-erection of church . . . . 147 
 
 CONSTRUCTION OF SEATS, 
 See Ekection. 
 See Mateeials. 
 
 CONSULTATION, 
 no proBibition after, . . . . 573 
 
 CONTEMPT, 
 by disobedience of prohibition 574 — 678 
 
 CONTROVERSY, 
 respecting seats, jurisdiction in, 19. 139, 
 
 140 
 CONVENIENCE, 
 considered on application for faculty 36, 
 
 48, 53 
 CORPORATION, 
 prescribing for seats . . , , 492 
 
 charge for expenses of seats . . 493 
 
 COST, 
 
 of church and site. 
 See Loan. 
 
 See SUBSCBIBEES. 
 
 of seats to be considered 36 — 38, 55, 56 
 
 COSTS, 
 controlled by ecclesiastical courts 74—76 
 in ecclesiastical court, whether grant- 
 able by King's Bench . . 79, 572 
 of appeal 77, 78 
 
 CRIMINAL ACT, 
 
 of incumbent in remOTiug seat .. 110 
 
 CURATE, 
 without authority to alter seats . . 114 
 
 CURATE, PERPETUAL, 
 
 right to chief seat . . . . 274—277 
 
 seats for his family . . . . . . 281 
 
 may maintain trespass .. ..113 
 
 CURE OF SOULS, 
 
 by bishop in his diocese . . . . 1 
 CUSHIONS, 
 
 whether a repair . . . ■ . . 85 
 
 CUSTOM, 
 giving right to attend church . . 12 
 duty of repair by . . 12, 92, 141, 158, 178 
 allotment of seats independent of 
 
 bishop 177-185 
 
 of charging rent, illegal . . 242, 243 
 
 DANGER TO FABRIC, 
 
 objection to grant of faculty . . 62, 63 
 
 Paragraph 
 
 DECENCY OF SERVICE, 
 considered on apphc; for faculty 36, G5 
 
 DECLARATION, 
 form of, in action on case . . . . 490 
 
 DECREE WITH INTIMATION, 
 on application for faculty . . 28, 30 
 
 annexation of plan to . . . . 58 
 
 DEFECT OF TRIAL, 
 
 ground for prohibition 527, 544 — 547 
 
 DELEGATES, HIGH COURT OF, 
 prohibited in respect to prescriptive 
 rights 177, 607 
 
 DISCRETION, 
 
 of Ecclesiastical Court is free 33, 34 
 if unsound, appealable 355, 366, 635 
 
 DISPOSAL OF SEATS, 
 See Allotment. 
 
 DISTRICT PARISH, 
 liable for repairs of mother ch. 661, 662 
 
 DISTURBANCE, 
 
 to be prevented by wardens . . 170 
 in body of church, under what juris- 
 diction 148, 149 
 
 in chancel, whether actionable . . 278 
 DISTURBER, 
 
 presumption against . . , . 460 
 
 See Peetuebation Suit. 
 
 DOOR, 
 
 of church is part of building . . 121 
 
 of pew is a chattel . . . . . . 120 
 
 EASEMENT, 
 prescript, for seats, in nature of, 378, 379 
 
 ECCLESIASTICAL COURT, 
 
 authority where no prescription 19, 140, 
 142, 623 
 respecting bells, timber & wall 539 — 542 
 in unconsecrated building , . . . 146 
 
 in respect to disturbance .. ..149 
 
 in cause of pertm-batiou .. ..219 
 
 inhibition of disturbers . . . . 504 
 
 See Peetuebation. 
 over warden's allotment . . . . 202 
 
 country courts, proceedings often 
 irregular . . . . . . . . 73 
 
 court gives early opinion on law . . 72 
 rules of guidance .. .. ..150 
 
 control over costs . . . . . . 74 
 
 whether costs grantablo with prohibi- 
 tion 572 
 
 See Costs. 
 authority in questions of prescription 425 
 on what grounds prohibited 527, 628, 670 
 
GENERAL INDEX TO BOOK II. 
 
 173 
 
 Paragraph 
 
 ECCLESIASTICAL COVUT-contd. 
 proWbited aiter sentence 5G6, 567, 570, 
 
 571 
 credited with legal intentions . . 556 
 not prohibited till after pleas by 
 both parties . . . . 651 — 654 
 
 protected by prohibition from other 
 courts . . . . . . . . 524 
 
 See Pbohibition. 
 ECCLESIASTICAL COURTS COM- 
 MISSION, 
 reports and recommendations 1 62, 366 
 
 367, 521 
 ECCLESIASTICAL LAW, 
 
 effect of Chnrch-building Acts on . . 596 
 
 ENDOWMENT, 
 
 of parish church necessary. . . . 10 
 under Church-building Acts 660, 662 
 
 ENLARGEMENT OF PEW, 
 
 its effect on prescriptive claim . . 501 
 
 ERECTION, 
 
 of church with consent of bishop . . 9 
 
 consent of parishioners . . . . 21 
 
 endowment necessary . . . . 10 
 
 by what authority . . . . 20, 21 
 
 loan for, charged on rents . . G36, 643 
 
 ESTATE, 
 
 whether pew appurtenant to, 443, 444 
 
 EVIDENCE, 
 
 See Prescription. 
 
 EXCESS OF JURISDICTION, 
 ground for prohibition . , 
 
 EXCHANGE OF SEATS, 
 faculty for . . . . . . 
 
 543 
 
 351 
 
 EXCHEQUER COURT, 
 
 prohibiting Ecclesiastical Court . . 625 
 
 EXTRA-PAROCHIAL PERSONS, 
 right to seats only by prescription 210, 
 
 222, 563 
 
 EXTRA (or Third) SERVICE, 
 
 subscriptions for, and seats at, . . 635 
 
 FABRIC, Injury to, 
 
 objection to grant of faculty . . 62, 63 
 
 FACULTY: yarious kinds. 
 
 what it is 282—286 
 
 formerly too freely granted . . 317 
 
 as foundation for prescription 361, 438 
 mischievous effect . . 328, 360—364 
 for enlargement of church . . . . 345 
 
 for alterations in ch. 20—24, 657—560 
 to confirm works done . . . . 89 
 
 for erectioii of gallery . . 46, 47 
 
 Paragraph 
 
 FACULTY: various kinds — continued. 
 
 for aisle (to founder) . . 286-288 
 
 for re-arrangement of seats . . 357 
 
 for seat to individual, legality of, 289 — 
 
 299 
 for seats, at large . . .. . . 349 
 
 to man, and family or heirs 308, 350, 
 
 352, 353 
 
 as annexed to house or land 299—305, 
 
 309, 310, 312 
 
 with permission to let .. 314—316 
 
 to non-parishioner .. .. 311,813 
 
 to a corporation . . . . . . 569 
 
 for exchange of seats . . ..351 
 
 for seats in chancel . . . . . . 402 
 
 for preventing future appropriation 371 
 revocable if unduly granted or ob- 
 tained by surprise . . 299, 359 
 80 years insufficient to presume a 
 grant 466 
 
 FACUXTY, Application for, 
 
 citation of parishioners . • . . 28 
 
 plan produced . . . . 57, 58 
 
 form of suit . . . . . . . . 29 
 
 considerations for court 35 — 38, 41, 02, 
 65, 331—345 
 as to cost . . . • . . 66, 56 
 
 free discretion of court . . 30, 34 
 
 requirements for faculty . . 55, 59 
 
 convenience or prejudice of parish 65, 
 329—332 
 obstruction or inconvenience 336-338 
 injury to fabric or light 62—64, 337, 
 
 338 
 for general seating opposed by indi- 
 vidual . . . . 38, 339, 348 
 
 to individual opposed by incumbent 
 and wardens . . . . . . 331 
 
 opposed by person having possessory 
 
 right 346 
 
 considerations by court 333, 335, 340, 
 342, 343 
 only granted under special circum- 
 stances . . . . 327, 342, 343 
 
 not granted to person opposing ap- 
 plication . . . . . . . . 347 
 
 rents conclusive against claim . . 496 
 
 FACULTY, Eights under, 
 
 whether in nature of joint tenancy . 306 
 transfer from cathedi-al to new ch. . 6 
 on chapel becoming district 599, 600 
 to substituted church . . . . 863 
 examination before transfer 6, 600 
 recommendation of commission. 865 — 673 
 whether abandoned on leaving pa- 
 rish 370 
 
174 
 
 GENERAL INDEX TO BOOK II. 
 
 Paragraph 
 FACULTY, Eights under — continued. 
 discharged in ch. of united parishes 357 
 on expiration revert to parish . . 354 
 
 FAMILY, 
 
 of rector, in chancel . . . . 280 
 
 perpetual curate . . . . . . 281 
 
 families sitting together . . 252, 253 
 
 different families in one pew 254, 255 
 
 FINE, 
 for disobedience of prohibition 574, 577 
 
 FOREIGNER, 
 
 See Non-Paeishioner. 
 
 FOUNDER, 
 
 right to chantries and aisles . . 407 
 
 prescription as to repairs . . . . 82 
 
 FRANCHISE, 
 whether conferred by pew rents . . 680, 
 688—690 
 
 FREEHOLD, 
 
 of church in the parson . . . . 129 
 giyes no right to seats . , 106, 107 
 no hindrance to prescription . . 409 
 
 FREE SEATS, 
 in old parish church, 
 
 in body of church 402,429,431,432, 
 
 442 
 at disposition of ordinary . . 403 
 
 contribution towards, a considera- 
 tion in grant of faculty 342, 343 
 if formerly free, effect on claim 
 by prescription.. .. .. 500 
 
 surrender of rights in favour of 673 
 —678 
 under Church-building Acts, 
 
 proportion of free seats required 609 
 
 —612, 614—621, 664, 665 
 
 none necessary by subsequent Act 612 
 
 in substituted church .. ..613 
 
 church of united parishes 615, 616 
 at a third service. . . • . . 617 
 
 to be marked free . . . • 609 
 
 FUND, 
 
 for repair . . . • . . . • 656 
 
 GALLERY, 
 opposition to erection of 46, 47, 49 — 51 
 building committee . . . . . . 45 
 
 pew in, vacates pew previously held 264 
 
 HATCHMENT, 
 effect on claim by prescription . . 499 
 not removable . . . . ■ . 513 
 
 HEIGHT OF SEAT, 
 
 should be moderate . . . . . • 66 
 
 reduced on complaint .. ..67 
 
 HEIR, '■"''^'"'" 
 
 monuments, arms, and pews by pre- 
 scription belong to . . 513 — 516 
 
 HEIRLOOM, 
 
 nature and derivation of term 511, 512 
 materials of pews in nature of, . . 513 
 
 HIGH COMMISSION COURT, 
 prohibited in question of prescrip- 
 tion 524 
 
 HOUSE, 
 
 80 years old, insufiBcient for pre- 
 scription . . . . . . . . 466 
 
 of residence, fund for building 644, 647 
 
 HOUSEHOLDER, 
 oiten m.esinmg parishioner .. 189 
 
 IMPRISONMENT, 
 
 for disobedience of prohibition . . 574 
 
 IMPROPRIATOR, 
 right to chief seat in chancel . . 278 
 
 INCUMBENT, 
 
 has freehold of church . , 129, 130 
 repairs chancel .. .. ..81 
 
 disposition of seats . . 183, 186 — 188 
 seats for his family . . . . . . 233 
 
 under Church-building Acts . . 597 
 
 i?'CS/ioss against wardens .. ..112 
 
 right to material of seats illegally 
 erected .. .. .. .. 119 
 
 make no alterations without consent 
 of bishop . . . . . . . . 27 
 
 removing seats, is criminal act . . 110 
 
 INHABITANCY, 
 pews are in respect to . . . • 444 
 
 INHABITANT, 
 
 See Pabishionee. 
 
 INHIBITION, 
 by Ecclesiastical Court . . . . 504 
 
 INSPECTION, 
 of church by archdeacon .. ..Ill 
 
 INTfMATION, , 
 
 to decree citing parishioners . . 28 
 
 present form of, . . . . . . 30 
 
 INTRUDER, 
 
 removal by warden . . . . . . 267 
 
 See Peetukbation. 
 
 JOINT TENANCY, 
 
 in pew, held under faculty . . . . 306 
 
 under prescription . . . . 447, 448 
 
GENERAL INDEX TO BOOK IT. 
 
 175 
 
 Paragraph 
 
 JURISDICTION, 
 
 over chapelry, formed from con- 
 tiguous parishes . . . . . . 601 
 
 See Ecclesiastical Couet. 
 See Obdinaey. 
 See Peohibition. 
 KEY OF CHURCH, 
 
 incumbent entitled to, . . . . 112 
 
 KING'S BENCH, 
 
 See Queen's Bench. 
 LAND, 
 
 whether pew appurtenant to . . 443, 444 
 
 LAPSE OF TIME, 
 See Possession. 
 See Peesceiption. 
 
 LETTING SEATS, 
 in old parish church, 
 reprehensible and illegal . . 237, 238, 
 257-259 
 faculty permitting letting, illegal 314, 
 
 315 
 under Church-building Acts, 
 
 intended at first to be temporary 590, 
 
 591 
 
 permitted for part of seats . . 592 
 
 what proportion may be let 609—621 
 
 to whom . . . . 624, 627, 634, 635 
 
 See Rent. 
 
 LIABILITY TO REPAIR, 
 
 chancel by rector . . . . 272, 280 
 
 church and seats by parishioners . . 189 
 mother church by district . . 651, 652 
 
 LICENCE. See Faculty. 
 
 LIGHT, 
 
 hindrance to, objection to grant of 
 
 faculty 62, 64, 337 
 
 LINING, 
 
 pew, is not repair . • • • 85, 484 
 
 LOAN, 
 
 for cost of church-building and site 
 
 charged on rents . . > • 636, 643 
 
 effect on church-rate abolition . . 88 
 
 LOCK, 
 
 of church-door, part of building . . 121 
 of pew, not to be broken . . . . 231 
 
 LONDON, 
 
 custom with respect to chancel 92, 158 
 
 MATERIALS, 
 
 of seats legally erected by paiish .. 117 
 formerly held by prescription 511 — 519 
 erected without authority . . 118, 119 
 
 MONITION, 
 
 to restore seats illegally altered , . 110 
 
 Paragraph 
 
 MONUMENT, 
 belongs to heir . . . . 613, 515 
 
 MOURNING-CLOTH, 
 at cost of, belongs to, parish . . 517 
 
 MOVEABLE SEATS, 
 all at first moveable 14—17, 125, 127 
 whether property of incumbent 17, 125 
 removable by owner . . . . 93 
 
 NEW CHURCH, 
 seat accepted abandons seat in old 
 church 265 
 
 See Allotment. 
 See Letting. 
 See Repaies. 
 See Seat. 
 
 NOMINATION OF CLERGYMAN, 
 by person building and endowing. . 665 
 by trustees of subscribers . . 663, 666 
 
 NON-PARISHIONER, 
 liability for necessaries for church . . 87 
 whether any right in seats . . 5, 210 
 
 not by faculty .. .. 311,313 
 
 seats in church of united parish 182, 211 
 
 NOTICE, 
 of letting pews 626 
 
 NUISANCE, 
 unauthorized moveable seats 18, 136 
 whether alterations in church are so 
 to every parishioner . . . . 209 
 
 OBJECTIONS TO FACULTY. 
 See Faculty. 
 
 OCCUPANCY, 
 should be altered from time to time 251 
 wardens to prevent improper, . . 172 
 See Possession. 
 
 OPEN SEAT, 
 formerly, adverse to prescription . . 500 
 
 ORDINARY, 
 
 control over seats in cathedral . . 4 
 
 in church 19, 137, 140, 142, 167, 191, 
 
 403, 406, 455—457 
 
 whether well founded .. ..137 
 
 in chancel 160,163 
 
 in chapel of ease . • . . . , 145 
 
 not in unconsecrated building . . 146 
 half only in ch. of united parish 144, 182 
 whether ousted by parish 90, 181,449, 450 
 authority exercised through wardens 174 
 no jurisdiction in temp, right 417, 418 
 faculty for erection of seats 20, 21, 25 
 consent necessary for alterations . . 97 
 sole judge of need of addition , . 61 
 must exercise sound discretion . . 355 
 
176 
 
 GENERAL INDEX TO BOOK II. 
 
 Paragraph 
 ORDINARY— co)i««MC(^. 
 decision subject to appeal . • . • 355 
 protected by prohib. from other 
 courts • • . . . . . . 524 
 
 See Ecclesiastical Courts. 
 
 ORGAN, 
 
 belongs to parish . . . . . . 115 
 
 trespass for removal of, . . . . 115 
 
 ORNAMENT, 
 considered on proposed alterations 36, 50 
 
 PARISH, 
 
 foundation at early date . . . . 8 
 
 often conterminous with manor . . 8 
 
 present divisions prior to Conquest 11 
 
 PARISH CLERK, 
 
 removable from seat . . . . 269 
 
 stipend out of rents 637—639, 641, 643 
 
 PARISHIONERS, 
 
 when a person becomes a parishioner 201 
 right to seats and duty of repair . . 189 
 as to repair of chancel . . 92, 158 
 all entitled to seats in common 134, 135, 
 165, 194, 431 
 right of each to seat, not pew . . 132 
 preference under Ch.-build. Acts 627, 667 
 rights in absence to be observed . . 344 
 allotment by bishop, to part only . . 167 
 by parish independently . . 449, 450 
 attention to wishes of, . . 31, 32 
 
 where a majority obtained by canvas 43 
 wishes not conclusive with court . . 33 
 
 PAROCHIAL RIGHTS, 
 
 not usually conferred by use of cathe- 
 dral 1 
 
 if any in cathedral, transferable to 
 new parish church . . 6, 369 
 
 in proprietary chapel . • ■ . 683 
 
 See Pakishionees. 
 
 PARSON. 
 
 See Incumbent. 
 
 PATRONAGE, 
 
 under Church-build. Acts 611, 663, 666 
 
 PAYMENT, 
 
 for seat in old parish ch. 227, 238, 243 
 
 gives no right to a seat . . . ■ 234 
 
 not regarded by the court . . . . 241 
 
 PEER, 
 
 liable to attachment for contempt . . 576 
 
 PERPETUAL CURATE, 
 Sec Curate, Peepetual. 
 
 PERTURBATION SUIT, 
 against rector, for chancel seat 
 against wardens 
 a means to regain possession 
 burthen of proof on disturber 
 presumption against him . . 
 what evidence is necessary. . 
 
 PETITION, SUMMARY, 
 convenient form of suit 
 
 Paragraph 
 
 467 
 224 
 231 
 2.30 
 460 
 468 
 
 29 
 
 PEW, 
 
 
 
 right to seat hut not to pew 
 
 .. 
 
 132 
 
 prescription for priority in . . 
 
 502- 
 
 -504 
 
 apportionable 
 
 306 
 
 447 
 
 effect of enlargement 
 
 
 601 
 
 for incumbent's family 
 
 233 
 
 597 
 
 for wardens . . 
 
 , , 
 
 598 
 
 See Family. 
 
 
 
 See Seat. 
 
 
 
 See Use. 
 
 
 
 PEW-HOLDER, 
 
 
 
 rights specified on division of 
 
 parish 
 
 008 
 
 PEW-OPENER, 
 
 
 
 salary paid out of rents 
 
 .. 
 
 646 
 
 PEW-RATE. 
 
 
 
 See Rent. 
 
 
 
 PLANS, 
 
 of alterations proposed by faculty 57, 58 
 
 PLEA AND PROOF, 
 
 in Ecclesiastical Court ■ . . . 29 
 
 POOR, 
 
 accommodation to be specially con- 
 sidered .. .. 319—321,342 
 
 POSSESSION, 
 
 whether giving claim against war- 
 dens and ordinary 212, 224—226 
 leading to litigation and unjust 
 claims .. .. .. .. 213 
 
 liable to alteration .. .. 214,215 
 
 good against disturber 213, 220, 223, 
 
 227, 228 
 
 length of time necessary . . 221—223 
 
 only taken on authority . . . . 266 
 
 not regained by force .. ..231 
 
 ceasing with use or residence 256 — 259 
 whether entitling to have pew kept 
 vacant . . . . . . . . 202 
 
 when continued after expiration of 
 
 faculty 216,217 
 
 for prescrip., beyond memory 392, 393 
 indicating prescription . . 463 — 472 
 insufficient for prescription where 
 
 origin known .. .. 470 — 472 
 
 by incumbent's family . . . . 233 
 
 without residence . . . . . . 473 
 
GENERAL INDEX TO BOOK II. 
 
 177 
 
 POSSESSORY TITLE. ^^^sraph 
 
 See Possession. 
 PEEFEEENCE, 
 
 to rank and station 1S5, 166, 168, 171, 
 190—194 
 PRESCRIPTION, 
 
 what it is . . 374-378, 381, 382 
 
 difiScult to define . . . . . . 621 
 
 highest kind of title . . 372, 400 
 
 when proved is unalterable . . 400 
 
 a personal right 376 
 
 different periods in ecclesiastical 
 and temporal courts . . . . 418 
 
 of parish to erect and aUot seats in- 
 dependently . . . . 449, 450 
 
 by founder for exemption from 
 church repairs . . . . . . 82 
 
 title to earliest fixed seats . . . . 14 
 
 to aisle or chapel 407 -410, 429,431, 432 
 for seats in chancel . . . . 155, 439 
 
 for rector's seat . . . . . . 436 
 
 distinction of aisle or chapel from 
 
 body of church . . 429—432, 442 
 
 seats in body of church 383—387, 402, 
 
 437, 440 
 
 presumed faculty originally 
 
 as appurtenant to a house 
 divisible if house divided 
 to an estate . . 
 claimable by corporation 
 term to be used when relied on 
 occasions illegal claims 
 
 361,388- 
 
 390, 438 
 
 440-442 
 
 .. 447 
 
 443—445 
 
 492 
 
 391 
 
 521 
 
 not now favoured . . 427, 456, 457 
 
 strictly construed .. .. .. 457 
 
 PRESCRIPTION, How triable ; 
 
 whether by action on case 416, 451, 453 
 or by action for tresj>ass 451 — 454 
 
 ecclesiastical court cannot interfere 
 
 417—419, 421, 422 
 unless prescription be admitted . . 420 
 can proceed till prohibited . . . . 425 
 
 PRESCRIPTION, Proof ; 
 
 must be clearly proved .. 401, 428 
 not inconsistent with general right 401 
 distinction of body of church from 
 
 aisle or chapel . . . . 411, 412 
 
 as against bishop or parish . . . . 455 
 
 immemorial usage 391—399, 407, 40S, 
 
 410 
 pleading as agst. stranger 458, 459, 489 
 what evidence is necessary . . . . 446 
 
 as against bishop 458, 486, 488, 491 — 
 
 493 
 as against parish . . . . 462 — 464 
 
 against stranger .. ,. ..455 
 
 H. VOL. II. 
 
 Paragraph 
 PRESCRIPTION, Vvoot— continued. 
 length of possession . . 463—472 
 
 repair .. 475-489,491—493 
 
 entries in vestry books .. 497,498 
 rent conclusive against claim . . 496 
 seat formerly open is adverse . . 500 
 where seat built or enlarged . . 494 
 
 presumption against a stranger . . 460 
 See Possession. 
 PRESCRIPTION ACT, 
 
 whether affecting pews .. 413 — 415 
 
 PRESCRIPTIVE RIGHTS, 
 
 transferred to new or substituted 
 church . . . . 6, 368, 599, 600 
 
 discharged in church of united 
 parish . . . . . . . . 357 
 
 how abandoned . . . . 505 — 510 
 
 property in materials on abandon- 
 ment .. .. .. 511 — 519 
 
 recommended investigation of 366, 307 
 PRESENTMENT, 
 
 respecting pews and gallery . . 48 
 
 PRIORITY, 
 in pew may be prescribed for 502 — 504 
 
 PRIVATE ACTS OF PARLIAMENT, 
 
 See Acts of Parliament. 
 
 PRIVATE CHAPEL, 
 See Chapel, Pbivate. 
 
 PRIVY COUNCIL, 
 representation to, touching prohibi- 
 tions 
 
 PROCEEDINGS, 
 
 in Ecclesiastical Court, form of, 
 PROHIBITION, 
 
 law only alterable by Parliament 
 
 in questions of prescription 1 77 — : 
 181, 419, 
 
 formerly too frequent 
 
 granted on afSdavit . . 531, 
 
 not after consultation 
 
 absolute or qiiovsque 
 
 whether ex deiito justitiw or ex 
 gratia, .. . . . . 548, 
 
 enforced till superseded 
 
 punishment for disobedience 574, 
 
 PROHIBITION, Grounds of, 
 
 general grounds . . 627, 531, 
 
 want of j urisdiction 527, 534, 536 — 
 
 excess of jurisdiction 532, 543, 
 
 detect of trial 527, 532, 544— 
 
 before sentence . . 551, 552, 
 
 after sentence 545 — 547, 566— 
 
 after appeal . . 
 
 N 
 
 526 
 
 29 
 
 579 
 179, 
 422 
 526 
 550 
 673 
 530 
 
 561 
 
 574 
 576, 
 577 
 
 532 
 539, 
 541 
 548 
 647 
 565 
 571 
 567 
 
1/ 
 
 GENERAL INDEX TO BOOK II. 
 
 Paragraph 
 PROHIBITION OF ECCLESIAS- 
 TICAL COURTS, 
 granted by various courts . . . • 625 
 usually for defect of trial . . , . 425 
 not if prescription admitted . . 528 
 
 not till temporal matters at issue 426, 
 652, 553 
 previous steps taken . . 651, 625 
 
 in respect to faculty for alterations 557 
 in suit for church bell and timber 540 — 
 
 642 
 in incidental matters . . . . 560 
 
 where plea of prescription rejected . 563 
 unsound discretion of court . . 535 
 
 costs not grantable with prohibition 572 
 to protect Ecclesiastical Courts . . 524 
 
 PROPERTY IN PEWS, 
 
 not acquired by purchase . . 234, 236 
 See Materials. 
 PURCHASE, 
 
 of seats in parish churches illegal 228, 
 236, 238—245 
 confers no right 234, 236, 238—252 
 whether a possessory title . . 228, 229 
 fact adverse to any claim . . . . 246 
 
 QUEEN'S BENCH, 
 power of prohibiting Ecclesiastical 
 
 Court 526 
 
 in matters of mixed nature ' . . 356 
 
 interference with bishop's discretion 356 
 respecting costs of Ecclesiastical 
 
 Court 79 
 
 QUIET POSSESSION, 
 
 bill will not lie for 423 
 
 except by consent . . . . . . 424 
 
 See Perturbation, 
 RANK AND STATION, 
 
 modern rule of allotment according 
 
 to 165, 166, 168 
 
 whether preference rightly given 190 — 
 
 194, 197 
 
 whether legal . . . . ..194 
 
 objections to system . . 166, 171 
 
 RATES, 
 
 paj'ment of, as consideration for 
 allotment of seats . . . . 198 
 
 See Church Rate. 
 REBUILDING, 
 
 of church, as to consecration upon, 147 
 of pews by parish, effect of 494, 496 
 RECTOR, 
 
 repairing chancel . . . . 272, 280 
 
 has chief seat in chancel . . 270—273 
 jiarticular part not specified . . 436 
 
 deprived of seat by Local Act 682, 683 
 appointment of chancel scats 154 — 1 GO 
 
 Paragraph 
 RECTOR'S FAMILY, 
 whether entitled to seats in chancel 164 
 
 REGULARITY OF SEATS, 
 
 in old parish church . . . . 66 
 
 in church of united benefices . . 68 
 
 REMOVAL, 
 
 of intruders hy wardens 267 — 269 
 
 of nave seat an ecclesiastical matter 116 
 
 RENT OF PEWS, 
 
 in old' parish churches under any 
 
 circumstances illegal 237, 238, 243 
 payment conclusive against claim 
 under faculty or by prescription 496 
 under Church-building Acts, 
 
 introduced temporarily . . 500, 601 
 none under Act of 1837 . . . . 591 
 
 amount . . 622, 628—630, 667 
 
 when payable . . . . . . 623 
 
 notice 626 
 
 collected by wardens . . 620, 631 
 mode of recovery . . 632, 633 
 
 charged with loan for building or 
 
 site 636 
 
 other application . . 637, 638, 640, 648 
 red action, upon permanent endow- 
 ment 660, 662 
 
 cessation on permanent endow- 
 ment .. .. 659,661,662 
 subscribers to third service 621, 635 
 upon Chapel of Ease becoming a 
 
 District Church . . . . 672 
 
 conferring franchise . . . . 680 
 
 See Letting. 
 RENT-CHARGE, 
 
 as a repair fund . . . . . . 656 
 
 RENTERS OF PEWS, 
 
 elect one warden . . . . . . 668 
 
 REPAIR, 
 
 of cathedral . . . . . • ■ ■ 1 
 
 of parish church .. .. .. 12 
 
 duty of parishioners .. 84,186 
 liability of non-inhabitants . . 87 
 of inhabitants of cbapelry . . 83 
 
 prescription for exemption of 
 
 founder 82 
 
 of church of united parishes . . 86 
 whether any liability now . . 88 
 
 of aisle by parish, effect of 481, 487 
 of corporation seats, chargeable to 
 borough . . . . . . 4!);» 
 
 of chancel seats .. .. .. 1)1 
 
 of seats, necessary to prescriptive 
 
 claim 468, 459, 475-489, 491—493 
 
 whether necessary to bo pleaded 475 
 
 —477, 486 
 
GENERAL IKDEX TO BOOK II. 
 
 179 
 
 raragrapli 
 JULFAIB,— continued. 
 
 of parish charch. — contimied. 
 
 whether proof necessarj' . . 478, 479 
 repair by wardens cannot oust 
 ordinary . . . . . . 90 
 
 what is repair .. .. 482—484 
 
 not lining and cushions . . . . 85 
 
 repair of one, repair to all held 
 under same right .. ..491 
 
 under Church-building Acts, 
 
 repair of church payable out of 
 rents . . . . 643, 646, 649 
 
 of pews, payable out of rents . . 649 
 fund for repairs . . . . 655, 656 
 
 of district church.. 650,653,654 
 
 of mother church by district 651, 652 
 
 KESIDENCE, HOUSE OF, 
 
 f and for, out of rents . . 644, 647 
 
 EEVEESION OF PEWS, 
 
 to parish on abandonment, or on ex- 
 piration of faculty 256, 261, 364 
 
 RIGHT, - 
 
 to attend church, by custom . . 12 
 
 of ecclesiastical dignitaries reserved 
 
 by Church-building Acts 589, 596 
 under faculty or prescription trans- 
 ferred 6, 368, 369, 599, 600 
 in case of parish being divided - . 608 
 nay be surrendered . . 673 — 678 
 reviving to parish . . . . . . 354 
 
 SALE, 
 
 of pews in default of payment of 
 
 rent 633,634 
 
 See PuECHASB. 
 SFATS (and see Pew), 
 in cathedral, 
 
 permitted ex gratia .. 3, 4 
 
 regulated by bishop . . . . 4 
 
 in parish churches, 
 
 none for congregation till loth 
 century . . . . 13, 124, 127 
 
 at first moveable . . . . 14, 127 
 
 removable if illegally placed 14, 15, 
 
 94, 95 
 
 removable by proper authority 96,98,99 
 
 See Matekials. 
 repairs by- parish . . . . . . 80 
 
 in chancel, 
 
 See Chakcel. 
 use and object of seats . . . . 1.^3 
 
 allotment by bishop ■■ .. 137 
 
 See Allotment. 
 all parishioners entitled to one 1 32, 194 
 non-parishioners in united-parish 
 church . . . . ■ ■ •• 182 
 
 occupier should be changed .. 217 
 
 Paragraph 
 SEATS — continued. 
 in parish churches — continued. 
 right not acquired by purchase or 
 
 rent 234-236 
 
 how long kept vacant . . . . 232 
 
 jurisdiction when annexed to 
 house . . ■ . . . . • 565 
 
 seats by prescription, severable .. 447 
 
 See Pebscbiption. 
 surrender or cession of rights 256, 
 673, 678 
 See Abandonment. 
 whether on rebuilding . . 494, 495 
 
 See Feee Seats. 
 structure to be regular . . . . 66 
 
 height moderate . . . . 66, 67 
 
 not interfering with appearance 
 of building . . . . . . 69 
 
 under Church-building Acts, 
 
 to whom allotted . . 623 — 627 
 
 offered first to parishioners . . 624 
 See Allotment. 
 See Letting. 
 See Rent. 
 See Sale. 
 how long retained vacant . . . . 6(19 
 
 how allotment vacated 670, 671, 678 
 sold in default of payment of rent 633, 
 
 631 
 become free on permanent endow- 
 ment .. .. 659,660,662 
 
 for subscribers to third service 621, 635 
 free seats as convenient as the others 619 
 like others in united-parish church 68 
 See Feee Seats. 
 
 SENTENCE. 
 
 See Peohibition. 
 
 SPECIFIC SEAT, 
 
 may be prescribed for . . 502 — 504 
 for rector, not any . . . . . . 436 
 
 SPIRITUAL COURT. 
 
 See Ecclesiastical Cotjkt. 
 
 STA.R CHAMBER, 
 
 decision respecting pews . ■ . . 562 
 
 STATION. 
 
 See Rank and Station. 
 
 STIPEND, 
 
 of clergy and clerk charged on rents 63S 
 
 -642 
 
 additional, paid out of rents 646 — 648 
 STRANGER, 
 
 See NON-PAEISHIOKEK. 
 
 SUBSCRIBER, 
 to ch.-building, advantages of, 624, 625 
 
180 
 
 GENERAL INDEX TO BOOK II. 
 
 Paragraph 
 SVBSCRXBEB.— continued. 
 
 electing trustees . . . , . . 663 
 
 to third service . . . . 621, 635 
 SUBSTITUTED CHURCH, 
 
 rights transferred . . . . 368, 600 
 
 commission on claims 368, 600, 603 — 
 
 605 
 
 appeal from commission . . 606, 607 
 
 free seats 613, 641 
 
 seats let . . . . . . . . 641 
 
 SUMMARY PETITION, 
 
 mode of proceeding in Ecoles. Court 29 
 SURPLUS OP RENTS, 
 
 application of . . . , 643 — 648 
 
 SURPRISE, 
 
 revocation of faculty obtained by 299, 
 
 359 
 SURRENDER, 
 
 of right to seats .. .. 673—678 
 TEMPORAL COURT, 
 
 tries all questions of prescription . . 416 
 
 —425 
 TENANCY OF PEW, 
 
 See Joint Tenancy. 
 TENANTS OP HOUSES, 
 
 right to seats annexed to house 302, 303, 
 
 446 
 
 not preferred to new comers 198, 259 
 THIRD SERVICE, 
 
 appointed by bishop under Church- 
 building Acts . . . . 617, 621 
 
 scats for subscribers . . 621, 635 
 
 TIMBER, 
 
 cut in churchyard, matter for Com- 
 mon Law . . . . . . 541, 542 
 
 -TOMBSTONE, 
 
 trespass for injuring .. .. 104 
 
 TRANSFER, 
 of parochial rights to new church 6, 368, 
 369, 569, 600 
 of right to seats. 
 See Faculty. 
 See Prescription. 
 See Substituted Church. 
 TREES. See Timber. 
 TRESPASS, Action of, 
 lor carrying away seat 14, 116, 191 
 
 breaking seat .. .. 98 — 103 
 
 removing intruder . . . ■ . • 268 
 
 Paragraph 
 
 TRESPASS, Action oi— continued. 
 
 breaking into chapel .. 112,113 
 
 breaking open church chest . . 539 
 
 removing organ .. .. ..115 
 
 injuring tombstone or coat-armour 104, 
 
 105 
 TRUSTEES, 
 elected by subscribers to church 
 building . . . . 663, 666, 007 
 
 whether acquiring franchise from 
 
 rents 688—690 
 
 UNAPPROPRIATED SEATS, 
 in church of united parishes . . 357 
 
 See Free Seats. 
 
 UNCONSECRATED BUILDING, 
 Ecclesiastical Court has no power 
 over seats . . . . . . . . 146 
 
 UNITED PARISHES, 
 church of, how jurisdiction deter- 
 mined . . . . . . . . 601 
 
 repaired by both . . . . . . 80 
 
 seats re-arranged under faculty . . 357 
 half unappropriated . . .. 615,616 
 
 seats for non-parishioners, and 
 under wardens' authority only . . 182 
 USE, 
 
 of seats in the parishioners 123, 133 
 by all in common . . 131, 134, 135 
 
 must be proved by claimant of pre- 
 scription . . . . . . . . 459 
 
 effect of non-user for twenty years 469 
 
 VACATION, 
 
 prohibition issued by Chancery in . . 649 
 
 VAULTS, 
 
 may be sold if rents insufiicient . . 058 
 
 VESTRY, 
 resolutions as affecting application 
 
 for faculty 31—33, 36, 37, 40, 41, 43 
 minute produced . . . . . . 31 
 
 books, whether evidence . . 497, 498 
 validity of grant of seat . . 341, 342 
 
 VICAR, 
 right to chief seat in chancel . . 275 
 See Incumbent. 
 
 WANT OF JURISDICTION, 
 See Prohibition. 
 
 WRONG-DOER, 
 
 everything presumed against him. . 400 
 
 LONDOS : PRINTED DT C. HOAVORTH AND SONS, NEWTON STKEET, HIGH HOLBORN. 
 

 OF EEOENT 
 
 LAW WOEKS 
 
 PTJBLISHEI) BY 
 
 Messes. BUTTBRWOETH, 
 
 TO TEE QUEEN'S MOST EXCELLENT MAJESTY 
 
 AND TO 
 
 H.R.H. THE PRINCE OF WALES. 
 
 " Now for the Laws of England [if I shall speak my opinion of ihem without 
 "partiality either to my profession or country), for the matter and nature of them, 
 ** I hold them wise, Just and moderate laws : they give to God, they give to Caesar, 
 " they gi/ve to the subject what appertaineth. It is true they are as mixt as our 
 " language, eompowided of British, Saxon, Danish, Norman customs. And surely 
 " as our language is thereby so much the richer, so our laws are likewise by that 
 " mixture the more complete.'^ — Lobb Bacon. 
 
 LONDON : 
 FLEET STEEET, E.G. 
 1880. 
 
^ndex to ^aktogne. 
 
 Action at Law. 
 
 
 Church Building 
 
 Kerr 
 
 28 
 
 Laws. 
 
 Admiralty Practice. 
 
 
 Trower 26 
 
 Coote 
 
 22 
 
 Church Seats. 
 
 Advowsons. 
 
 
 Healea 26 
 
 Mirehoufle 
 
 31 
 
 Circumstantial Evi- 
 
 Agrioultural Holdings 
 
 dence. 
 WiUa 25 
 
 Act. 
 
 
 
 Bund 
 
 25 
 
 Claims and Defences. 
 
 Alabama Case. 
 
 
 Chancery. 
 Drewry 11 
 
 O'Dowd 
 
 Aliens.' 
 
 Cutler 
 
 28 
 
 Commentaries. 
 
 27 
 
 Stephen's BlaclcBtone 5 
 PhiniTnore's, Inter- 
 
 Appeal Practice. 
 
 
 national 20 
 
 House of Lords. 
 
 
 Commercial Law. 
 
 Denison & Scott .. 
 
 10 
 
 Chitty 30 
 
 Arbitration and Award. 
 
 Common LawPleading. 
 
 Bedman 
 
 16 
 
 WiHiB.Ttis 26 
 
 Articled Clerks' 
 
 
 Common Law Practice. 
 
 Handy Book. 
 
 
 Lusb 22 
 
 MoBely 
 
 8 
 
 Companies. 
 
 Attacbment. 
 
 
 Sbelford 16 
 
 Brandon 
 
 27 
 
 Compensation for Land. 
 
 Bankruptcy. 
 
 
 Ingfram IB 
 
 BuUey & Bund 
 
 . 26 
 
 Confession. 
 
 LinMater 
 
 29 
 
 Badeley 31 
 
 Banks and Bankiiig. 
 
 
 Consistory Court, 
 
 Grant 
 
 . 16 
 
 London. 
 
 Barbados, Laws of .. 
 
 . 28 
 
 Bules and Eegulations 31 
 Conspiracy (Criminal). 
 
 Bar Education. 
 
 
 Wrigbt 27 
 
 Smith 
 
 . 27 
 
 Constitutional History. 
 
 Bar Examination 
 
 
 Fulton 12 
 
 Journal. 
 
 24 
 
 Contraband of "War. 
 Moseley 29 
 
 Bills of Sale. 
 
 Hunt 
 
 . 18 
 
 Contracts. 
 
 Plumptre ..'. ... 8 
 
 Blockade. 
 
 
 Contributories. 
 
 Beane 
 
 . 29 
 
 Comer 11 
 
 Boundaries. 
 
 
 Conveyancing. 
 
 Hunt 
 
 . 18 
 
 Ban 22 
 
 Burgesses' Manual. 
 
 
 Barry 19 
 
 Crabb 22 
 
 Gtecbea 
 
 . 26 
 
 Lewis 19 
 
 House 19 
 
 Carriers. 
 
 
 Tudor 6 
 
 PoweU 
 
 . 17 
 
 Conveyancing Drafts- 
 
 Chamber Practice. 
 
 
 man. 
 
 Oommon Law. 
 
 
 KeEy 19 
 
 Parkinflon ... 
 
 . 28 
 
 Co-operative Societies. 
 
 Cbancery. 
 
 
 Brabrook 26 
 
 Claims and Defences. 
 
 
 Copyholds. 
 
 Dre-wry 
 
 . 11 
 
 EouBe 18 
 
 dnirohi and State. 
 
 
 Corporations. 
 
 Hale 
 
 . 31 
 
 Grant 21 
 
 PAOE 
 
 Costs. 
 
 Gray 29 
 
 County Court Practice. 
 
 Davis 15 
 
 Criminal Law Con- 
 solidation Acta. 
 
 Davis 22 
 
 Customs Laws. 
 
 Hamel ... 25 
 
 Dictionary. 
 
 Mozley & Wbiteley ... 5 
 Domestic Servants. 
 
 Baylis 21 
 
 Drainage of Land. 
 
 "Wilson 28 
 
 Ecclesiastical Courts. 
 
 Coote 31 
 
 Ecclesiastical Law ... 31 
 
 England, Laws of. 
 
 Blaekstone 5 
 
 Stephen 5 
 
 EngKsh Law. 
 
 Blaxland 30 
 
 Prancillon 28 
 
 Nasmitb 23 
 
 Equity. 
 
 Drewry 23 
 
 Goldsmith ... :.. 23 
 
 Hunter 29 
 
 Roberts 18 
 
 Trower 11 
 
 Equity in relation to 
 Law. 
 
 Chute 18 
 
 Evidence. 
 
 PoweU 12 
 
 Fences. 
 
 Hunt 18 
 
 Fishery Laws. 
 
 Oke 14 
 
 Foreshores. 
 
 Hunt 18 
 
 O'Dowd 28 
 
 Form of the Law. 
 
 Holland 26 
 
 Frauds. 
 
 Hunt 18 
 
 Game Laws. 
 
 Oke 14 
 
 G-aming. 
 
 Edwards 30 
 
 Gas Supply. 
 
 Michael and Will ... 17 
 Gavelkind. 
 
 Bobinson 30 
 
 General Average. 
 
 Crump 17 
 
 a2 
 
INDEX TO CATAIiOGTIE. 
 
 G-orliani Case. 
 
 
 Moore 
 
 31 
 
 GruaranteeB. 
 
 
 DeColyar 
 
 13 
 
 Guernsey Laws. 
 
 
 Bowditch 
 
 29 
 
 House of Lords. 
 
 
 Appeals. 
 
 
 Denison and Scott... 
 
 10 
 
 House of Lords Oases. 
 
 
 Digest. 
 
 
 aark 
 
 21 
 
 Income Tax La-ws. 
 
 
 Dowell 
 
 26 
 
 Lidian Ci-ril Service. 
 
 
 Cutler 
 
 28 
 
 Indian Penal Code. 
 
 
 Cutler 
 
 23 
 
 Inns of Court. 
 
 
 Pearce 
 
 23 
 
 International Law. 
 
 
 Hamel 
 
 28 
 
 PMUiinore 
 
 20 
 
 Jersey La-ws. 
 
 
 Bowditch 
 
 29 
 
 Joint Stock Companies. 
 
 Shelford 
 
 16 
 
 Judicature Acts. 
 
 
 Bedford 
 
 23 
 
 Latour Laws. 
 
 
 Davis 
 
 16 
 
 Landed Property. 
 
 
 Chart of. 
 
 
 Feame 
 
 30 
 
 Landlord and Tenant 
 
 
 Fawcett 
 
 'l7 
 
 Land Settlement oJ 
 
 
 England. 
 
 
 Bund' 
 
 29 
 
 Law Dictionary. 
 
 
 Mozley & WMteley . . 
 
 6 
 
 Law Exam. Journal. 
 
 
 Mozley 24 
 
 ,32 
 
 Law Student's Maga 
 
 - 
 
 zine. 
 
 
 Mozley 
 
 24 
 
 Leading Cases. 
 
 
 Tudor 
 
 6 
 
 Legacy Duties. 
 
 
 Shelford 
 
 27 
 
 Libel. 
 
 
 Folkard 
 
 12 
 
 LicensiQg Laws. 
 
 
 Oke 
 
 14 
 
 Lord Lyndhurst. 
 
 Gibson 29 
 
 Lord Mayor's Court. 
 Brandon 27 
 
 Lords Clianoellors. 
 
 Hardy 80 
 
 PAGE 
 
 Lunacy. 
 
 Phimps 27 
 
 Magisterial Formulist. 
 Oks 14 
 
 Magisterial Synopsis. 
 Oke 14 
 
 Marine Insurance. 
 
 Crump 17 
 
 Masters and Servants. 
 Baylis 21 
 
 Master and Workmen. 
 
 Davis 15 
 
 Lovesy 30 
 
 Mercantile Accounts. 
 Pulling 29 
 
 Mines and Minerals. 
 
 Bainbridge 13 
 
 Mortgages. 
 
 Ksher 7,32 
 
 Municipal Registration. 
 Davis 13 
 
 Naturalization. . 
 
 Cutler 27 
 
 Negligence. 
 
 Saunders 15 
 
 Parliamentary Practice. 
 
 May 6 
 
 Parliamentary Eegis- 
 tration. 
 
 Davis 18 
 
 Partition. 
 
 Lawrence 26 
 
 Partnership. 
 
 Dixon 16 
 
 Tudor 80 
 
 Patents. 
 
 Higgins 17 
 
 Norman 29 
 
 Peerage Case. 
 
 LeMarchant 28 
 
 Pews. 
 
 26 
 
 Pleader's Guide. 
 Anstey 
 
 Pleading. 
 
 cutty 21 
 
 Williams 25 
 
 Preliminary Examina- 
 tion Journal 24 
 
 Probate and Divorce 
 Bedford 
 
 Probate Bonds. 
 
 Chadwick 
 
 Probate Duties. 
 
 Shelford 27 
 
 Probate Practice. 
 
 Coote 10 
 
 Tristram 82 
 
 Railways. 
 
 Shelford 16 
 
 30 
 
 23 
 
 10 
 
 Real Property. 
 
 Tudor. 6 
 
 Referees' Court Cases. 
 Clifford & Bickard ... 21 
 CUflord & Stephen ... 21 
 
 Ritualism. 
 
 Hamel 31 
 
 Roman Law. 
 
 Gtaius » ... 24 
 
 Ortolan 12 
 
 Tomkins 24 
 
 TomMns and Jencken 24 
 
 Salmon Fisheries. 
 
 Bund 16 
 
 Savings Banks. 
 
 Forbes 27 
 
 Sewers. 
 
 Woolrych- 17 
 
 Sheriff. 
 
 Sewell 30 
 
 Short Hand. 
 
 Gumey 29 
 
 Slander. 
 
 Folkaid 12 
 
 Solicitors' Bookkeeping. 
 Coombs 19 
 
 Stamp Laws and Duties. 
 Dowell 25 
 
 Statutes (Leading). 
 
 Bedford 23 
 
 Stock Exchange. 
 
 Keyser 30 
 
 Succession Duty. 
 
 Shelford 27 
 
 Summary Convictions. 
 Paley 13 
 
 Summary Jurisdiction 
 Act, 1879. 
 
 Saunders 14 
 
 Torts. 
 
 Underbill 9 
 
 Town Councillors' 
 Manual. 
 
 Oaches 26 
 
 Trade Marks. 
 
 Adams 25 
 
 Treaties. 
 
 Hertslet ... 20,82 
 T&eaties and Tariffs. 
 
 Hertslet 20 
 
 Trusts and Trustees. 
 
 Underhm 9 
 
 Vendors & Purchasers. 
 
 Seaborne 7 
 
 "Water Supply. 
 
 Michael &Will ... 17 
 Wills. 
 
 Wigram 18 
 
 Window Lights. 
 
 T ..1 t>Lfl.Tn 17 
 
 Wrongs. 
 
 Underbill 9 
 
MESSES. BUTTEEWOETH, 7, ELEET STREET, E.G. 
 
 Stephen's New Commentaries.— 8th Edition. 
 
 In i vols. 8vo. 41. is. cloth. 
 
 Mr. SEEJEANT STEPHEN'S NEW COMMENTAMES on 
 the LAWS OF ENGLAND, partly founded on Blackatone. By Jameb 
 Stephen, Esq., LL.D., Judge of County Courts. The Eighth Edition. 
 Prepared for the Press by Henbt St. James Stephen, of the Middle Temple, 
 Barrister-at-La-w. 1880 
 
 %* This Work is set for the Intermediate Examinations for Solicitors for 
 1880 and 1881. 
 
 "Dr. James Stephen has just brought 
 out the eighth ecition of Mr. Serjeant 
 Stephen's Commentaries' on the Laws of 
 England (founded on Blackstone). This 
 edition deserves more attention than 
 
 Erevious editions, for the reason that it 
 as been revised with a view to giving 
 full effect to the alterations in our law 
 and practice introduced by the Judicature 
 Acts, and with the design of giving a 
 more scientific classification of crimes, 
 so as to bring the last book into harmony 
 with the general structure of the proposed 
 Criminal Code. Dr. Stephen has been 
 assisted in his work by his son, Mr. Henry 
 St. James Stephen. From our examina- 
 tion of the work (facilitated by the adop- 
 tion of the American plan of cutting the 
 leaves in the binding), we believe it will 
 be found to be one of the most valuable 
 text books which we possess, not only as 
 to the general law, but as to the new 
 
 system which has grown under the Judi- 
 cature Acts." — Law Times. 
 
 " It is quite unnecessary for us to re- 
 iterate the praises we have, on many 
 former occasions, bestowed upon this 
 excellent work. A new edition has been 
 rendered necessary, both by reason of 
 the last edition having been exhausted, 
 and of the recent changes in the law 
 effected by the operation of the Judica- 
 ture Acts; and Dr. Stephen has not 
 shirked the labour required. The last 
 edition was published m the year 1874 ; 
 and, although the changes then intended 
 to be introduced by the Judicature A.ct 
 of 1873 were embodied in it, yet the 
 subsequent Judicature Acts and new 
 rules of procedure, supplemented by 
 judicial decisions upon them, have made 
 Dr. Stephen's task of revision no light 
 one." — Law Journal. 
 
 Mozley and Whiteley's Concise Law Dictionary. 
 
 Li 1 vol. 8vo. 20s. cloth, 25j. brown calf. 
 
 A CONCISE LAW DICTIONAET, containing Short and Simple 
 Definitions of the Terms used in the Law. By Heebeet Newman Mozi,et, M. A., 
 Eellow of King's College, Cambridge, and of Lincoln's Dm, Esq., and Gteoeoh 
 CeibpeWhitelet, M. a. Cantab., of the Middle Temple, Esq., Barristers-at-Law. 
 
 1876 
 considerable amount both of labour and 
 learning has evidently been expended 
 upon it, and to the general public it may 
 be recommended as a rehable and useful 
 guide. Law students desirous of cram- 
 ming will also find it acceptable." — Law 
 Times. 
 
 "The authors of the above work do 
 not profess to address themselves solely 
 to the members of the legal profession ; 
 their object has been to produce a book 
 which shall also be useful to the general 
 pubho by giving clear yet concise ex- 
 planations of the legal terms and phrases 
 m past and present use, and we think they 
 have satisfactorily performed their task." 
 — Justice of the Peace. 
 
 ' ' This book is a great deal more modest 
 in its aims than the law dictionary we 
 received a little while ago. Its main 
 object is to explain briefly legal terms 
 both ancient and modem. In many 
 cases, however, the authors have added a 
 concise statement of the law. But as the 
 work is intended both for lawyers and 
 the public at large, it does not profess to 
 give more than an outline of the doctrines 
 referred to under the several headings. 
 Having regard to this design, we think 
 the work is well and carefuBy executed. 
 It is exceedingly complete." — /Solicitors' 
 Journal. 
 
 "This book contains a large mass of 
 information more or less useful. A 
 
LAW W0EK8 PTJBLISKBD BY 
 
 Tndor's Leading Cases on Eeal Property, «J;C.— 3rd Ed. 
 
 In one thick volume, royal 8vo. 21. 12». 6rf. cloth. 
 
 A SELECTION OE LEADING CASES ON THE LAW 
 RELATING TO REAL PROPERTY, Conveyancing, and the Confftruotion 
 of WillB and Deeds ; with Notes. Third Edition. By Owen Davies Tuboe, 
 Esq., of the Middle Temple, Barrister-at-Law, Author of "A Selection of 
 Leading Cases in Equity." 1879 
 
 " The second edition is now before us, 
 and we are able to say that the same ex- 
 tensive knowledge and the same laborious 
 industry as have been exhibited b^ Mr. 
 Tudor on former occasions characterize 
 this later production of his legal author- 
 ship ; and it is enough at this moment to 
 reiterate an opinion that Mr. Tudor has 
 weU maintained the high legal reputation 
 which his standard works have achieved 
 in all countries where the English lan- 
 guage is spoken, and the decisions of our 
 Courts are quoted." — Zaiv Magazine and 
 Review on 2nd edit. 
 
 ' ' To Mr. Tudor's treatment of all these 
 subjects, so complicated and so varied, we 
 accord our entire commendation. There 
 are no omissions of any important cases 
 relative to the various branches of the 
 law comprised in the work, nor are there 
 
 any omissions or defects in his statement 
 of the law iteelf appHoable to the cases 
 discussed by him. > We cordially recom- 
 mend the work to the practitioner and 
 the student alike, but especially to the 
 former." — Solicitors' Journalon^iiA.e^t. 
 "This and the other volumes of Mr. 
 Tudor are almost a law library in them- 
 selves, and we are satisfied thatthe student 
 would learn more law from the careful 
 reading of them than he would acquire 
 from double the time given to the elabo- 
 rate treatises which learned professors 
 recommend the student to peruse, with 
 entire f orgetfulness that time and brains 
 are limited, and that to do what they 
 advise would be the work of a bf e. No 
 law library should be without this most 
 useful hook." — Lmv Times on 2nd edit. 
 
 Sir T. Erskine May's Parliamentary Practice. 
 
 Eighth Edition. In One very thick volume, 8vo. 21. 2s. cloth. 
 
 A TREATISE on the LAW, PRIVILEGES, PROCEEDINGS 
 and USAGE OF PARLIAMENT. By Sir Thomas Eeskini; Mat, D.C.L., 
 K.C.B., Clerk of the House of Commons and Bencher of the Middle Temple. 
 Eighth Edition, Revised and Enlarged. 1879 
 
 Contents: Book I. Constitution, Powers and Privileges of Parliament. Book II. 
 Practice and Proceedings in Parliament. Book III. The Manner of Passing 
 Private BUls, with the Standing Orders in both Houses, and the most recent 
 Precedents. 
 
 " A work, which has risen from the 
 position of a text-book into that of an 
 authority, would seem to a considerable 
 extent to have passed out of the range of 
 criticism. It is quite unnecessary to 
 point out the excellent arrangement, ac- 
 curacy and completeness which long ago 
 rendered Sir T. E. May's treatise tka 
 standard work on the law of Parliament. 
 Not only are points of Parliamentary 
 law discussed or decided since the publi- 
 cation of the last edition duly noticed in 
 their places, but the matter thus added 
 is well digested, tersely presented and 
 carefully interwoven with the text." — 
 Solicitors' Journal. 
 
 "Fifty pages of new matter have been 
 added by Sir Thomas May in his seventh 
 edition, thus comprising eveiT alteration 
 in the law and practice of Parliament, 
 and all material precedents relating to 
 public and private business since the 
 publication of the sixth edition. We 
 need make no comment upon the value 
 of the work. It is an accepted authority 
 and is undeniably the law of Parliament. 
 It has been brought up to the latest date, 
 and should be in the hands of every one 
 engaged in Parliamentary life, whether 
 asalawyer or as a senator." — Zato Times. 
 
MESSES. BTTTTEEWOETH, 7, FLEET STEEET, B.C. 
 
 Fisher's Law of Mortgage.— 3rd Edition. 
 
 2 vols, royal 8vo. 60s. clotli, 72s. calf. 
 
 , THE LAW or MOETGAGB AJSTD OTHEE SECURITIES 
 
 TIPON. PROPERTY. By Wzlliam Riohaed Pishbe, of Lincoln's Lm, Esq., 
 
 Barrister-at-La-^. 
 
 " This work has tiult up for itself, in 
 the experienced opinion of the profession, 
 a very high reputation for carefulness, 
 accuracy and lucidity. This reputation 
 is fully maintained in the present edition. 
 The law of securities upon property is 
 confessedly intricate, and probably, as 
 the author justly observes, embraces a 
 ^eater variety of learning than any other 
 single branch of the Enghsh law. At the 
 same time an accurate knowledge of it is 
 essential to every practising hamster, and 
 of daily requirement among solicitors. 
 To all such we can confidently recommend 
 Mr. Fisher's work, which w4l, moreover, 
 prove most usefulreadingfor the student, 
 both as' a storehouse of information and 
 an intellectual exercise." Loajo Magazine. 
 
 "Those who are familiar with the 
 work know that it is never prolix, that it 
 is accurate and complete : and we think 
 that the present edition will not diminish 
 its reputation in these respects. On sub- 
 
 i' ects upon which we have examined it we 
 lave found the cases diUgehtly collected 
 and carefully stated, and the effect of 
 the new legislation very concisely given. 
 The various points upon which the Judi- 
 cature Act has a bearing on Mr. Fisher's 
 subject are very well annotated; and not 
 only on this subject, but as the general 
 result of an examination of this edition, 
 we can say thatit contains evidence of un- 
 remitting care and industry. ' ' — Solicitors' 
 Journal. 
 
 1876 
 
 ' ' His work has long been known as the 
 standard work on the law of mortgages, 
 and he has now published his third 
 edition. The object and scope of his 
 work is probably familiar to most of our 
 readers. It is, as the author himself says, 
 ' to explain the nature of the different 
 kinds of securities, the rights and equities 
 which they create, and the manner of and 
 circumstances attending their discharge.' 
 The earlier parts of the work have been 
 recast and now appear in the language 
 and arrangement used in the completed 
 part of the ' Digest of the Law of Mort- 
 gage and Lien,' which Mr. Fisher de- 
 signed and executed for the Digest Com- 
 mission. This system of classification, 
 by adoption of comprehensive and for- 
 mally stated propositions, is the right 
 mode of framing a work of this nature, 
 and the present edition of Mr. Fisher's 
 work is, without doubt, a vast improve- 
 ment on the last edition. The form and 
 style admit of little exception. The work 
 is not much enlarged in bulk; but, be- 
 sides the new stetutes and decisions 
 relating to the subject, the author has 
 added a great number of references to 
 contemporary reports not formerly cited. 
 In conclusion we may compliment Messrs. 
 Butterworth on the excellent type and 
 correct printing of these volumes, and the 
 handsome and convenient style in which 
 they have been got up." — Law Journal. 
 
 Seaborne's Law of Vendors & Purchasers.— 2nd Ed. 
 
 In 1 vol. post 8vo. 10s. 6d. cloth. 
 
 A CONCISE MANUAL OE THE LAW OE TENDOES 
 AOT) PURCHASERS OE REAL PROPERTY. Second Edition. ByHENET 
 Seaboene, Solicitor. 1879 
 
 *»* This work is designed to furnish Practitioners with an easy means of reference to 
 the Statutory Enactments and Judicial Decisions regulating the transfer of 
 Meal Property, and also to bring these authorities in a compendious shape under 
 the attention of Students. 
 
 "The value of Mr. Seaborne's work 
 consists in its being the most concise 
 summary yet publi^ed of one of the 
 most important branches of the law. 
 The student will find this book a useful 
 introduction to a dry and difficult sub- 
 ject." — Law JExamination Journal. 
 
 " The book before us contains a good 
 deal, especially of practical information, 
 as to the course of conveyancing matters 
 
 in soUcitors' offices which may be useful 
 to students." — Solicitors' Journal. 
 
 " We will do Mr. Seaborne the justice 
 to say that we believe his work will be 
 of some use to axtioled clerks and others 
 in solicitors' offices, who have not the 
 opportunity or inclination to refer to the 
 standard works from which his is com- 
 piled." — Law Journal. 
 
8. 
 
 LAW WORKS PUBLISKED BY 
 
 Plumptre on Contracts. 
 
 Post 8vo., 8». cloth. 
 
 A SUMMAET of the PEINCIPLES of ite LAW of SIMPLE 
 002^EACTS. By Clattoe 0. M. Plumptke, of the Middle Temple, 
 Esq., Barrister-at-Law. (Middle Temple Comjnon Law Soiiolar, Hilary 
 Term, ISTT.) 1879 
 
 "In our last volume we had occasion satisfaction ; and by operation of law ; 
 to mention with approbation two works oral evidence and written contracts ; 
 hy Mr. Arthur Underhill, ' A Summary damages ; and contracts made abroad. 
 
 of the Law of Torts,' and ' A Concise 
 Manual of the Law relating to Trusts 
 and Trustees ;' the first of these had 
 reached a second edition, and in its pre- 
 paration the author of the present work 
 was associated with Mr. Underhill. In 
 the preparation of thisbook Mr. Plumptre 
 has adopted the lines laid down by Mr. 
 Underhill ; by means of short rules and 
 sub-rules he presents a summary of the 
 leading principles relating to the law of 
 simple contracts, with the decisions of 
 the Courts by which they are illustrated. 
 Part I. deals with the parties to a simple 
 contract, and treats of those persons ex- 
 empted from the performance of their 
 contracts by reason of incapacity, such 
 as infants, married women, lunatics, 
 drunkards, convicts and bankrupts. 
 Chapter 4 is devoted to contracts by cor- 
 porations and by agents, and the follow- 
 mg chapter to partners and partnerships 
 generally. 
 
 " In Part II. we have the constituent 
 parts of a simple contract, the consent of 
 the parties, the consideration, the pro- 
 mise, contracts illegal at common law 
 and by statute, and fraudulent con- 
 tracts. 
 
 " Part III. gives rules for making a 
 simple contract, and treats of contracts 
 within the 4th and 17th sections of the 
 Statute of Frauds ; Statutes of Limita- 
 tion ; the discharge of the obligation im- 
 Eosed by the contract by performance ; 
 y mutual agreement; by accord and 
 
 " The book contains upwards of one 
 hundred rules, all ably illustrated by 
 cases, and a very full and well- compiled 
 index facilitates reference. It is more 
 particularly addressed to students, but 
 practitioners of both branches of the legal 
 profession wiU find it a useful and trust- 
 worthy guide." — Justice of the Peace. 
 
 ' ' This book is compiled upon the same 
 principle as the works of Mr. Underhill 
 on Torts and Trusts. The object of 
 the present work will appear from 
 the opening paragraph of the Preface . — 
 'It may cause some little surprise 
 when it is seen that, notwithstanding 
 the many able works on the Law of 
 Contracts that have been published, I 
 have ventured to add another volume to 
 that already formidable array of legal 
 literature. The reason why I have done 
 so is, because this branch of the law, 
 however diversely treated, still remains 
 unreduced, whether by means of articles 
 and notes, or rules and sub-rules, or 
 otherwise, into the form of a concise 
 sinnmary or digest ; and in the present 
 work I have hoped, to a certain extent, 
 to supply the want thus existing.' 
 
 " The promise thus held out is amply 
 realized in the body of the work, which 
 will be found of the greatest assistance 
 not only to the student who desires to 
 become acquainted with the law of con- 
 tracts, but to the practitioner who wishes 
 to note up the most recent decisions." — 
 Law Examination Journal. 
 
 Mosely's Articled Clerks' Handy-Book. By Bedford. 
 
 1 vol. post 8vo., 8s. 6d. cloth. 
 
 MOSELY'S PEAOTICAL HAJSTDT-BOOK OE ELEMENTARY 
 
 LAW, designed for the Use of Articled Clerks, with a Course of Study, and 
 Hints on Reading for the Intermediate and Final lElxaniinations. Second 
 Edition. By Edwajbd Henslowe Bedpoed, Solicitor. 1878 
 
 " The object of the work, however, is recommended to every one who contem- 
 plates becoming a solicitor." — Law Ez' 
 amination Journal. 
 
 " Mr. E. H. Bedford, indefatigable in 
 his labours on behalf of the articled clerk, 
 has supervised a new edition of Mosely's 
 Handy Book of Elementary Law. It will 
 certainly not be the fault of either Author 
 or Editor if the years spent under articles 
 are not well spent, and if the work re- 
 quired to lay a sound foundation of legal 
 knowledge is not done with that ' know- 
 ledge' of which they so emphatically de- 
 clare the necessity." — Laxo Magazine. 
 
 not so much to give direct information 
 to the articled clerk on matters of law, 
 as to guide him in the course of his study 
 and office work — and for this purpose the 
 book is admirably adapted. It is divided 
 into six chapters, the first five of which 
 are devoted to the first, second, third, 
 fourth and fifth years respectively of the 
 articled clerk's career. Chapter VI. is 
 devoted to 'The Final Examination,' 
 and contains some very sensible recom- 
 mendations to students who propose to 
 enter for this examination. 
 " This book cannot be too strongly 
 
MESSES, BUTTBEWOETH, 7, FLEET STEBET, B.C. 
 
 UnderhiU's Law of Trusts and Trustees. 
 
 1 vol. post 8vo. Ss.'olotli. 
 
 A CONCISE MANUAL of tjie LAW relating to PEIYATE 
 TRUSTS AND TEUSTEES. By Abthdob Ukbeehili, M.A., of Linooln'B 
 
 Inn, Esq., Barrister-at-Law. 
 
 " !Prom our perusal of this text took, 
 we may say that it is a very complete 
 and very oonoise study of this important 
 tranoh of law The articles con- 
 taining the propositions of law are cor- 
 rectly stated, and the illustrations are 
 carefully collected and noted." — Times. 
 
 ** His task was indeed one of great 
 difficulty, dealing, as he has done, with a 
 subject so complex ; but he has achieved 
 it with ability and success. To those 
 who are themselves destined to expe- 
 rience what a famous law reformer called 
 ' the pleasures derived from the condi- 
 tion of trustee,' this clearly written 
 manual will be no slight boon." — Irish 
 Law Times. 
 
 ' * We recently published a short review 
 or notice of Mr. A. F. Leach's ' Digest of 
 the Law of Probate Duty,' and remarked 
 that it was framed after the model of 
 Sir ritziames Stephen's 'Digest of the 
 Criminal Law and Law of Evidence from 
 the Indian Acts,' and which has been 
 followed by Mr. Pollock in his ' Digest 
 of the Law of Partnership.' Mr. Under- 
 bill has, in the above-named volume, 
 performed a similar task in relation to 
 the 'Law of Trusts.' In seventy-six 
 articles he has summarized the principles 
 
 1878 
 
 of the ' Law of Trusts' as distinctly and 
 accurately as the subject will admit, and 
 has supplemented the articles with illus- 
 trations. He has chosen a branch of the 
 law which appears one of the most diffi- 
 culi to deal with ia this way. He has, 
 however, succeeded fairly well, and it 
 seems probable, as he suggests in his 
 preface, that ' a person of ordinary in- 
 dustry and capacity may easily learn the 
 seventy-six articles of this work, and 
 may, without great effort, remember the 
 mam facts of such of the illustrative 
 cases as are what may be called ' lead- 
 ing;' and when he has done so he will 
 possess such a knowledge of the prin- 
 ciples upon which the court acts with 
 regard to private trusts as will enable 
 him to answer without hesitation all such 
 questions as occur in the every-day ex- 
 perience of a general practitioner.' " — 
 Law Journal. 
 
 " The work is intended for those who 
 cannot study larger tomes, and Mr. TJn- 
 derhill is sanguine that the student will 
 be able to learn and remember all that 
 he has written. We believe this to be 
 quite possible, and commend the work to 
 the attention of students." — Law Times. 
 
 UnderhiU's Law of Torts or Wrongs. — 2nd edit. 
 
 • 1 vol. post 8vo. 8s. cloth. 
 
 A SUMMAEY OF THE LAW OE TOETS OE WEONGS 
 
 INDEPENDENT OF CONTEACT, for the use of Students and Practitioners. 
 By Abthub Undeehili/, M.A., of Lincoln's Inn, Esq., Barrister-at-Law, 2nd edit. 
 
 1878 
 
 "Mr. Underbill states that his chief 
 aim has been to write for the student, 
 but many who have passed their pupil- 
 age and are now enjoying the advan- 
 tages of considerable practice, may con- 
 sult these pages with advantage. Mr. 
 Underbill places before his readers broad 
 principles or rules of law, which he 
 illustrates by cases falling under them, 
 so that they are placed before the mind 
 in a manner most impressive. Excep- 
 tions are not omitted, and the rules are, 
 when necessary, elucidated by sub-rules. 
 The plan is a good one, and has been 
 honestly carried out, and a good index 
 facilitates reference." — JusUce of the 
 Peace. 
 
 " He has set forth the elements of the 
 law with clearness and accuracy. The 
 little work of Mr. Underbill is inexpen- 
 sive, and may be generally relied on.'' — 
 Law Tim£s. 
 
 "This work appears fairly to deserve 
 the success which it has attained. The 
 plan of it is to arrange the law under a 
 series of "rules" in large type, and to 
 
 print beneath each "rule" such cases 
 and comments as are necessary in ex- 
 planation. In the present edition, the 
 first chapter — which treats of wrongs 
 purely ex delicto — ^has been completely 
 re-written, and new chapters upon in- 
 junctions, negligence and fraud hav6 
 been added, and the whole has been care- 
 fully corrected and revised. We can 
 confidently recommend the book to stu- 
 dents." — Law Journal. 
 
 " Mr. Underbill has brought out a 
 second edition of his work on the Law 
 of Torts, ia which he has been assisted 
 by Mr. C. C. M. Plumptre. The new 
 volume, while containing much fresh 
 matter, remains a handy guide to the 
 important but complicated branch of law 
 to which it relates, andwillbe found con- 
 veniently arranged for reference by the 
 practitioner no less than the student. 
 Chapters III. and XII., on the Liability 
 of Masters and on Infringement of Patents 
 and Copyright, deal briefiy but clearly 
 with subjects of constant recurrence in 
 courts." — Law Magazine. 
 
10 LAW W0EK8 PUBLISHED BY 
 
 Coote's Probate Practice— Sth Edition, 
 
 1 vol. 8vo. 26s. cloth; 30«. calf. 
 
 THE COMMON FORM PEACTIOB OP THE HIGH COUET 
 OF JUSTICE EN GRANTING PROBATES AND ADMINISTRATIONS. 
 By Henet Chaeles Coote, E.S.A., late Proctor in Doctors' Commons, Author 
 of "The Practice of the Ecclesiastical Courts," &o. &o. 1878 
 
 " The atoTB is another name for what useful forms; and the author has not 
 
 is commonly known to the profession as only attempted, but has in the main suc- 
 
 Coote's Probate Practice, a work about ceeded, in adopting the forms and direc- 
 
 as indispensable in a soUoitor's office as tions under the old probate practice, as 
 
 any book of practice that is known to embodied in previous editions of the 
 
 us. The seventh edition is chiefly dis- work, to the new procedure under the 
 
 tinguishable from the sixth edition in Judicature .Acts. Solicitors know that 
 
 this, that certain important modifications the difficulties in the way of Batisfying 
 
 and alterations are effected which have the different clerks at Somerset House 
 
 been rendered necessary by the Judi- are frequently great, and there is nothing 
 
 oatureActs. Judicial decisions subsequent so likely to tend to simplicity of practice 
 
 to the last edition have been carefully as Mr. Coote's book." — Law Times. 
 noted up. We notice several new and 
 
 Chadwick's Probate Court Manual, corrected to 1876. 
 
 Royal 8vo. 12s. cloth. 
 
 EXAMPLES OP ADMINISTEATION BONDS POE THE 
 
 COURT or PROBATE ; exhibiting the Principle of various Grants of Admi- 
 nistration and the correct Mode of preparing the Bonds in respect thereof ; also 
 Directions for preparing the Oaths, arranged for practical utility. With Extraets 
 from the Statutes ; also various Forms of Affirmation prescribed by Acts of 
 Parliament, and a Prefatory as well as a Supplemental Notice, bringing the 
 work down to 1876. By SAinjEL Chadwiok, of Her Majesty's Court of Probate. 
 
 Denison and Scott's House of Lords Practice. 
 
 Svo. 16«. cloth. 
 
 APPEALS TO THE HOUSE OP L0ED8: Procedure and 
 Practice relative to English, Scotch and Irish Appeals ; with the Appellate 
 Jurisdiction Act, 1876 ; the Standing Orders of the House ; Directions to 
 Agents; Forms, and Tables of Costs. Edited, with Notes, References, and a 
 full Index, forming a complete Book of Practice under the new Appellate 
 System, by Chaeles Mabsh Dekison and Chaeles Hendeeson Scott, of the 
 Middle Temple, Esqs., Barristers-at-Law. 1879 
 
 *' The most important portion of the peal, there are no two opinions as to the 
 
 work, viz., that concemingthe Procedure position which it holds in the confidence 
 
 and Practice on Appeal to the House of of the profession and the pubUo. A 
 
 Lords, contains information of the most learned introduction gives a brief but 
 
 important kind to those gentlemen who sufficient historical sketch of the juris- 
 
 have business of this nature ; it is well diction of the House of Lords. This is 
 
 and ably compiled, and the practitioner followed by a practical treatise, which is 
 
 will find no difficulty in following the a complete and well- written guide to the 
 
 various steps indicated. procedure by which an Appeal is begxm, 
 
 " The whole book is well and carefully continued, and ended, including an im- 
 
 prepared, and is unusually readable in portant chapter on Costs. In an appen- 
 
 its style." — Justice of the Feace. dix are given the Act of 1876, the 
 
 ' ' This is a small volume upon a sub j eot portions of the Supreme Court of Judi- 
 
 of the greatest practical interest at the cature (Ireland) Act, 1'877, and the 
 
 present time, for, notwithstanding the Scotch Statutes, Forms, and Bills of 
 
 changes which have been made in the Costs." — Law Times. 
 construction of the ultimate Court of Ap- 
 
MESSES. BTJTTERWOETH, 7, PLEET 8TEEET, E.G. 
 
 11 
 
 Drewry's Forms of Claims & Defences in Clianeery. 
 
 Post 8vo. 9s. cloth. 
 
 FOEMS OF CLAIMS AND DEFENCES IN THE COmRTS 
 OF THE CHANCERY DIVISION of the HIGH COURT OP JUSTICE. 
 With Notes oontaaning an Outline of the Law relating to each of the subjects 
 treated, and an Appendix of Forms of Endorsement on the Writ of SummonB. 
 By C. Stewaet Dkewet, of the Inner Temple, Esq., Barrieter-at-La-w, Author 
 of a Treatise on Injunctions and of Reports of Cases in Equity, temp. Kindersley, 
 V.-C, and other -vrorks. 1876 
 
 "The draftsman of the present day 
 cannot hut need the aid of a work thus 
 compiled, however experienced in the 
 nicetieB of the past system, and trusting 
 to its guidance benefit in time and labour 
 saved; while to the younger members 
 of the profession especially we cordially 
 recommend the work." — Irish Law 
 Times. 
 
 "The work is one likely to prove 
 useful to the practitioner." — Justice of 
 the Peace. 
 
 "On the whole, we can thoroughly 
 recommend it to our readers." — Law 
 Examination Journal. 
 
 "Mr. Drewry has attempted to supply 
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 cature Act of 1876, and he has proceeded 
 in his work in the safest and most satis- 
 factory manner. The forms thus intro- 
 duced are concise and cannot fail to 
 be very useful and welcome." — Law 
 Magazine. 
 
 "Mr. Drewry's plan of taking the 
 facts for the forms from reported cases 
 and adapting them to the new rules of 
 pleading, seems the best that can be 
 adopted. The forms we have looked at 
 seem to be fairly correct." — Solicitors' 
 Journal. 
 
 Collier's Law of Contributories. 
 
 Post 8vo. 9s. cloth. 
 
 A TEEATISE ON THE LAW OF CONTEIBUTOEEES in 
 
 the Winding-up of Joint Stock Companies. By Eqbeei Colltee, of the Inner 
 Temple, Esq., Barrister-at-Law. 1875 
 
 " It is impossible after a perusal of the 
 book to doubt that the author has 
 honestly studied the subject, and has not 
 contented himself with the practice of 
 piecing togetherhead notes fromreports." 
 Solicitors' Journal. 
 
 " Without making any quotations for 
 the purpose of illustrating the above re- 
 marks, we think we are justified in com- 
 mending this treatise to the favourable 
 
 consideration of the profession." — Law 
 Journal. 
 
 " There is probably no branch of the 
 law of contracts more difficult and intri- 
 cate than this of contribution, and the 
 cases quoted by Mr. Collier are treated 
 with great discrimination, so that the 
 book enables a man who has not made 
 the subject a matter of special study to - 
 advise with comparatively small trouble 
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 Trower's Prevalence of Equity. 
 
 8vo. 6s. cloth. 
 
 A MANUAL OF THE PEEVALENCE OF EQIHTT imder 
 Section 25 of the Judicature Act, 1873, amended by the Judicature Act, 1875. 
 By Ohaeles Feanois Tbowee, Esq. , M. A. , of the Inner Temple, Barrister-at-Law, 
 late FeUow of Exeter College, and Vinerian Law Scholar, Oxford ; Author of 
 "The Law of Debtor and Creditor," "The Law of the Building of Churches 
 and Divisions of Parishes," &c. 1876 
 
 B 2 
 
12 LAW WORKS PUBLISHED BY 
 
 OrtolaE's Eoman Law, translated by Prichard & Nasmitli. 
 
 8vo. 28s. cloth. 
 THE HISTOET OF EOMAN LAW, fromtheText of Ortolan's 
 Histoire de la Legislation Komaine et G^neralieation du Droit (Edition of 1870). 
 Translated, -with the Author's permisBion, and Supplemented by a Chronome- 
 trioal Chart of Eoman History. By Ilthdus T. Peichaed, Esq., F.S.S., and 
 David Nasmith, LL.B., Barristers-at-Law. , 1871 
 
 Fulton's Manual of Constitutional History. 
 
 Post 8vo. 7s. 6d. cloth. 
 
 A MANUAL OF CONSTITUTIONAL HISTOET, founded 
 
 upon the Works of HaUam, Creasy, May and Broom, comprising' all the 
 fundamental Principles and the leading oases in Oonstitutional Law. By 
 EoEEEST FuiiTON, LL.B., B.A., University of London, and of the Middle 
 Temple, Esq., Barrister-at-Law. 1875 
 
 Folkard on Slander and Libel.^tli Edition. 
 
 One thick volume, royal 8vo. 45s. cloth. 
 
 THE LAW OF SLANDEE AND LIBEL (founded on Starkie's 
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 the present Procedure: also Malicious Prosecutions and Contempt of Court. 
 By Heket C. Folzaed, Esq., Barrister-at-Law. Fourth Edition. 1876 
 
 Powell on Evidence.— 4tli Edit. By Cutler & Griflan. 
 
 Post 8vo. 18s. cloth, 22s. calf. 
 
 POWELL'S PEINCIPLES AND PEACTICE OF THE LAW 
 
 OF EVIDENCE. Fourth Edition. By J. Ctitlee, B.A., Professor of English 
 
 Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, 
 
 London, and E. F. Geiitut, B.A., Barristers-at-Law. 1876 
 
 *»* This edition contains the alterations necessary to adapt it to the practice under the 
 Judicature Acts, as well as other material additions. The Bankers' Books Evi- 
 dence Act, 1876, is given as an Addendum to the Appendix of Statutes. 
 
 "The plan adopted ia, we think, an Acts. The authors give in an appendix 
 
 admirable one for a concise, handy book the Indian Evidence Acts, with some 
 
 on the subieot. The Indian code of Indian decisions thereupon, and occa- 
 
 evidence given at the end of the book sionally notice these acts in the text. On 
 
 deserves to be read by every student, the whole we think this is a good edition 
 
 whether going to India or not. The of a good book. It brings down the 
 
 present form of Powell on Evidence is a eases to the latest date, and is con- 
 
 handy, well-printed and carefully pre- structed upon a model which we should 
 
 pared edition of a book of deserved re- hke to see more generally adopted." 
 
 putation and authority." — Law Journal. — Solicitors' Journal. 
 
 " The plan of the book is to give "There is hardly any branch of the 
 
 pretty frequently, and, as far as we can law of greater interest and importance, 
 
 discover, m almost every chapter, a not only to the profession, but to the 
 
 ' rule ' of general application, and then public at large, than the law of evidence, 
 
 to group the oases round it. These rules We are, therefore, all the more inclined 
 
 or axioms are printed in a distinctive to welcome the appearance of the Fourth 
 
 type. The work has been pruned and Edition of this valuable work." — Law 
 
 remodelled by the hght of the Judicature Examination Journal. 
 
MESSES. BUTTEEWOETH, Y, FLEET STEEET, E.O. 13 
 
 Bainbridge's Law of Mines and Minerals— 4t]i Edit. 
 
 1 vol. roy. 8vo. 45s. cloth. 
 
 A TEEATI8E on tte LAW OF MINES AND MINEEALS. 
 By "WrLLiAM BiiNBErDaE, Esq., F.G-.S., of the Inner Temple, Bamster-at-Law. 
 Fourth Edition. By Aeohibald Bbows, M.A., Edin. and Oxon, of the Middle 
 Temple, Barrister-at-Law. This work has been whoUy re-oast, and in the 
 greater part re-written. It contains, also, several chapters of entirely new 
 matter, which have ohtained at the present day great mining importance. 1878 
 
 "Much of the old work has been re- Index facilitates the reference to the con- 
 written, and there is much in this edition tents of the volume, 
 that is entirely new. The whole of the "The caaea cited are brought down to a 
 law relating to minea and minerals is very recent date. The work undertaken 
 treated in an exhaustive manner. As by Mr. Brown was an arduous one, and 
 coming more particularly within our he has satisfactorily performed it." — 
 own peculiar province, we may notice Justice of Peace on ith edit. 
 Chapter XII., which deals with criminal "This work must be already familiar to 
 offen9es relatingto mines; Chapter XIII., all readers whose practice bungs them in 
 as to the statutory regulation and inspec- any manner in connection with mines or 
 tion of mines; and Chapter XV., which mining, and they well know its value, 
 contains the law relating to the rating "We can only say of this new edition that 
 of mines and quarries, comprising the it is in all respects worthy of its pre- 
 liabiUty of coal and other minea and decessors." — Law Times on Zrd edit. 
 quarries to the poor and other rates — "It would be entirely superfluous to 
 The tenancy — ^Improvements to be in- attempt a general review of a work which 
 eluded — Allowances and deductions to has for so long a period occupied the 
 be made — Rateable value, and all other position of the standard work on this 
 matters necessary to make this portion unportant subject. Those only who, by 
 of the work most valuable to those con- the nature of their practice, have learned 
 cemed in the rating of such property. to lean upon Mr. Bainhridge as on a 
 
 "The appendix contains a valuable solid staff, can appreciate the deep re- 
 collection of conveyancing forms — Local search, the admirable method, and the 
 Customs— A Glossary of English Mining graceful style of this model treatise." — 
 Terms, and a full and well arranged Xaiv Journal on 3rd edit. 
 
 Paley's Summary Convictions. — 6tli Edition. 
 
 In 1 vol. 8vo. 24s. cloth. 
 
 THE LAW and PEAOTICE of SUMMARY CONVICTIONS 
 under the SUMMARY JURISDICTION ACTS, 1848 and 1879, including 
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 Convicting Magistrates and their Officers : with Forms. Sixth Edition. By 
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 Davis on Registration. — 2nd Edition. 
 
 1 vol. post 8vo. 12s. 6d. cloth. 
 
 THE LAW OE EE&ISTEATION, PAELIAMENTAET AND 
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 De Colyar's Law of Guarantees. 
 
 8vo. 14s. cloth. 
 
 A TEEATI8E ON THE LAW OE GUAEANTEES AND 
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14 LAW WOEKS PUBLISHED BY 
 
 Oke's Magisterial Synopsis.— 12th Edition. 
 
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 A PEAOTIOAL GUIDE for MAGISTRATES, their CLEEK8, 
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 trates. 1876 
 
 Saunders' Summary Jurisdiction Act, 1879. 
 
 One vol. 8vo. 5s. cloth. 
 
 " THE SUMMAIiY JUEISDIOTION ACT, 1879," with Notes, 
 
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 last edition of Oke's "Magisterial Synopsis:" arranged as a convenient Sup- 
 plement to that Work. By Thomas "W. SAtiNDEEa, Esq. , Metropolitan Police 
 Magistrate, and Editor of Oke's " Magisterial Synopsis " and " Formulist." 
 
 1879 
 *^* lormmg a Siipplement to Oke's Magisterial Synopsis, 12th Edition. 
 
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 BEING a complete COLLECTION of FORMS AND PRE- 
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 Kfth Edition. By Thomas W. Saxtnuees, Esq., late Recorder of Bath, and now 
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 A HANDY BOOK of the FISHERY LAWS : containing the 
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 Acts, Decisions, Notes, and Forms. Second Edition. By J. W. WiiLiB BiiNi), 
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 A HANDY BOOK of the GAME LAWS: containing the 
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 By W. C. Glek, Esq., Barrister-at-Law. 1874 
 
MESSES. BUTTBEWOETH, 7, FLEET STEBET, B.C. 15 
 
 Bund's Law of Salmon Fisheries, corrected to 1876. 
 
 Post 8vo. 16«. cloth. 
 
 THE LAW EELATING TO THE SALMON FISHEEIE8 
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 The Supplement, embodying' the Legislation, Bye-laws and Cases to November, 
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 THE PEAOTICE AND EVIDENCE IN ACTIONS IN THE 
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 THE COUNTY COUET EULES, 1875 and 1876, with Eorms 
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 *,!,* Forming a Supplement to Davis's County Court Practice and Evidence, but 
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 Davis's Equity, Bankruptcy, &c. in County Courts. 
 
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 THE JUEISDICTION and PEAOTICE of the COUNTY 
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 THE LABOUE LAWS OF 1875, with Introduction and Notes. 
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 1869 
 
16 LAW WOEEB PUBLISHED BY 
 
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MESSES. BUTTEEWOETH, 1, PLEBT STEEET, B.C. 17 
 
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18 LAW WOEKS PUBLISHED BY 
 
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 Imprinted at London, 
 
 nvmber Seuen in Flete strete within Temple barre, 
 
 whylom the signe of the Hande and starre, 
 
 and the Hovse where liued Richard Tottel, 
 gritttjKt ig ^priffl ^^mit% ef i1§t ialts ai ilgt €ammati hist 
 
 m the seueral Reigns of 
 ITng. Edw. VI. and of the qvenes Marye and Elizabeth. 
 
 RICIMRD*4TOTTEL I 
 1553—1880. 
 
 -Li 
 
 rcr