A church dictionary

by Walter Farquhar Hook

Where there are more impropriators than one, (as is frequently the case,) and the prosecution is to be carried on by the churchwardens to compel them to repair, it seemeth advisable for the churchwardens first to call a vestry, and there (after having made a rate for the repair of the church, and other expenses necessary in the execution of their office) that the vestry make an order for the churchwardens to prosecute the impropriators, at the parish expense; in which prosecution the court will not settle the proportion amongst the impropriators, but admonish all who are made parties to the suit, to repair the chancel, under pain of excommunication. Nor will it be necessary to make every impropriator a party, but only to prove that the parties prosecuted have received tithes or other profits belonging to the rectory, sufficient to repair it; and they must settle the proportion among themselves: for it is not a suit against them for a sum of money, but for a neglect of the duty which is incumbent on all of them; though it may be advisable to make as many of them parties as can be come at with certainty.

Repairing of the chancel is a discharge from contributing to the repairs of the church. This is supposed to be the known law of the Church, in the gloss of John de Athon upon a constitution of Othobon, (hereafter mentioned,) for the reparation of chancels; and is also evident from the ground of the respective obligations upon parson and parishioners to repair, the first the chancel, the second the church, which was evidently a division of the burden, and by consequence a mutual disengaging of each from that part which the other took. And therefore as it was declared in Serjeant Davie’s case, (2 Roll’s Rep. 211,) that there could be no doubt but the impropriator was rateable to the church, for lands which were not parcel of the parsonage, notwithstanding his obligation as parson to repair the chancel; so, when this plea of the farmer of an impropriation, (2 Keb. 730, 742,) to be exempt from the parish rate because he repaired the chancel, was refused in the spiritual court, it must probably have been a plea offered to exempt other possessions also from church rates.—Gibs. 199, 200.

If there be a chapel of ease within a parish, and some part of the parish have used time out of mind, alone, without others of the parishioners, to repair the chapel of ease, and there to hear service, and to marry, and all the other things, but only they bury at the mother-church, yet they shall not be discharged of the reparation of the mother-church, but ought to contribute thereto; for the chapel was ordained only for their ease.

So in the said case, if the inhabitants who have used to repair the chapel prescribe that they have time out of mind used to repair the chapel, and by reason thereof have been discharged of the reparation of the mother-church, yet this shall not discharge them of the reparation of the mother-church, for that is not any direct prescription to be discharged thereof, but it is, by reason thereof, a prescription for the reparation of the chapel.

If the chapel be three miles distant from the mother-church, and the inhabitants who have used to come to the chapel, have used always to repair the chapel, and there marry and bury, and have never within sixty years been charged to the repair of the mother-church, yet this is not any cause to have a prohibition; but they ought to show in the spiritual court their exemption, if they have any, upon the endowment.

But if the inhabitants of a chapelry prescribe to be discharged time out of mind of the reparation of the mother-church, and they are sued for the reparation of the mother-church, a prohibition lieth upon this surmise.

If two churches be united, the repairs of the several churches shall be made as they were before the union.

Othobon. The archdeacon shall cause chancels to be repaired by those who are bound thereunto.—Ath. 112.

Reynolds. We enjoin the archdeacons and their officials, that, in the visitation of churches, they have a diligent regard to the fabric of the church, and especially of the chancel, to see if they want repair; and if they find any defects of that kind, they shall limit a certain time under a penalty, within which they shall be repaired. Also, they shall inquire by themselves or their officials in the parish where they visit, if there be aught in things or persons which wanteth to be corrected: and if they shall find any such, they shall correct the same, either then, or in the next chapter.—Lyndw.

The fabric of the church consisteth of the walls, windows, and covering.—Lyndw.