A church dictionary

by Walter Farquhar Hook

Rates for the repairs of the church are to be made by the churchwardens with the parishioners assembled, upon public notice given in the church.

The bishop cannot direct a commission to rate the parishioners, and appoint what each one shall pay: this must be done by the churchwardens and parishioners; and the spiritual court may inflict spiritual censures till they do. But if the rate be illegally imposed by such commission from the bishop, or otherwise, without the parishioners’ consent, yet if it be after assented to, and confirmed by the major part of the parishioners, that will make it good.

These levies are not chargeable upon the land, but upon the person in respect of the land, for the more equality and indifferency. And houses as well as lands are chargeable, and in some places houses only; as in cities and large towns, where there are only houses, and no lands to be charged.

A rate for the reparation of the fabric of the church is real, charging the land, and not the person: but a rate for ornaments is personal, upon the goods, and not upon the land.

And Sir Simon Degge saith thus: There hath been some question made, whether one that holds lands in one parish and resides in another, may be charged to the ornaments of the parish where he doth not reside; and some opinions have been, that foreigners were only chargeable to the shell of the church, but not to the bells, seats, or ornaments. But he says, he conceives the law to be clearly otherwise; and that the foreigner that holds lands in the parish, is as much obliged to pay towards the bells, seats, and ornaments, as to the repair of the church; otherwise there would be a great confusion in making several levies, the one for the repair of the church, the other for the ornaments, which he says he never observed to be practised within his knowledge. And it is possible that all, or the greatest part of the land in the parish, may be held by foreigners; and it were unreasonable in such case to lay the whole charge upon the inhabitants, which may be but a poor shepherd. The reason alleged against this charge upon the foreigners, is chiefly because the foreigner hath no benefit by the bells, seats, and ornaments; which receives an answer in Jeffrey’s case, (5 Co. 67,) for there it is resolved, that landholders that live in a foreign parish are in judgment of law inhabitants and parishioners, as well in the parish where they hold lands, as where they reside, and may come to the parish meetings, and have votes there as well as others. For authorities in the case, it is clear by the canon law, that all landholders, whether they live in the parish or out of it, are bound to contribute. And the practice, from its ease and convenience, seems now generally to go with this opinion.

Stratford. All persons, as well religious as others whatsoever, having possessions, farms, or rents, which are not of the glebe or endowment of the churches to be repaired, living within the parish or elsewhere, shall be bound to contribute with the rest of the parishioners of the aforesaid churches, as often as shall be needful, to all charges incumbent upon the parishioners concerning the church and the ornaments thereof, by law or custom, having respect unto the quantity of such possessions and rents. Whereupon, so often as shall be necessary, the ordinary shall compel them by ecclesiastical censures and other lawful means.

If a person inhabiteth in one parish, and hath land in another parish, which he occupieth himself there, he shall be charged for this land, for the reparation of the church of the parish in which the land lieth; because he may come there when he will, and he is to be charged in respect of the land. And such occupation of land maketh the person occupying a parishioner, and entitles him to come to the assemblies of the same parish, when they meet together for such purposes.

Where such lands are in farm, not the lessor, but the tenant, shall pay. For (as it was determined in Jeffrey’s case before cited) there is an inhabitant and parishioner who may be charged; and the receipt of the rent doth not make the lessor a parishioner.

It is said that the patron of a church, as in right of the founder, may prescribe, that, in respect of the foundation, he and his tenants have been freed from the charge of repairing the church.

The rectory, or vicarage, which is derived out of it, are not chargeable to the repair of the body of the church, steeple, public chapels, or ornaments; being at the whole charge of repairing the chancel.