Images. Other Goods and Orna. ments. of the Bishop of Lincoln, for leave to erect a monument against a pier in Dunstable Church to the memory of their respective ancestors. And upon allegations given in on both sides, Marsh appealed to the Arches against the admission of Cart's allegation. Upon which Cart moved for a prohibition; insisting, 1. That ornaments are discretionary only in the ordinary, and therefore no appeal would lie. Or, 2. If it did, yet it must be to the Bishop of Lincoln, and not to the Arches. But the court held, that though ornaments cannot be set up without the consent of the ordinary, yet it must be exercised according to a prudent and legal discretion, which the superior hath a right to look into and correct; and therefore the appeal well lay, as it doth in cases of granting administration to one, where there are two in equal degree. And as to its being an appeal to the Arches, it was held, that wherever the act is done by a commissary, it is considered as the act of the ordinary himself; and to him no appeal will lie from his own act, and it must consequently be to the metropolitan. So the rule for a prohibition was discharged (d). In the case of Bulwer v. Hase (e), the plaintiff applied for a prohibition to the Consistorial Court of Norwich, the object of which was to restrain the ordinary from granting a faculty to the defendant for stopping up a certain window in the parish church of Sall in Norfolk (of which the plaintiff was rector), for the purpose of erecting a monument to the memory of his wife. The Court of King's Bench held, that if the rector's reasons for dissenting were improperly overruled, it was no ground for a prohibition, but a mere matter of appeal. 22. If any superstitious pictures are in a window of a church or aisle, it is not lawful for any to break them without licence of the ordinary; and in Pricket's case, Wray, C. J., bound the offender to the good behaviour (f). [In 1639, the parishioners of All Hallows, Barking, complained to the Bishop of London that certain pictures and images, contrary to the laws of the Church of England, had been set over the font of their church, and that the communion table was not in its usual place. The bishop's chancellor, the celebrated Arthur Duck, tried the question, and decreed the pictures to be taken down (g).—ED.] 23. Besides what hath been observed in particular, there are many other articles for which no provision is made by any special law, and therefore must be referred to the general power of the churchwardens, with the consent of the major part of the parishioners as aforesaid, and under the direction of the ordinary: such as the erecting galleries, adding new bells (and of consequence, as it seemeth, salaries for the ringers), organs, (d) Str. 1080. (e) 3 East's Rep. 217. Cro. Jac. 366. (g) [See the whole proceedings in Gibson's Appendix, vol. ii. p. 1465. -ED.] clock, chimes, king's arms, pulpit cloths, herse cloth, rushes or mats, vestry furniture, and such like. legally neces ornamental. In Butterworth and Barker v. Walker and Waterhouse (h), Organs, when it seems to have been the opinion of the Court of King's Bench sary, when that the consent of the parish is not necessary to the ordinary's ordering an organ to be erected in a church; but the parish cannot, without their consent, be charged with the expense of erecting or repairing it, or adding new ornaments. Nor can the consent of the vestry bind the parish without immemorial usage. In this case, the organ being provided for by voluntary contribution, a prohibition was denied. [Lord Stowell says, "It may be difficult in some cases to distinguish whether an addition of this kind to the service of the church is to be deemed necessary or ornamental, because organs in some churches may be necessary, though in others ornamental. In cathedral churches they would, I conceive, be deemed necessary, and the ordinary might compel the dean and chapter to erect an organ, as proper and necessary for the service usually performed in such places (i)." So Sir J. Nicholl, in Jay v. Webber (j). as to Church [The law respecting church ornaments is now generally Existing Law understood and settled. The consent of the parishioners is Ornaments. not indispensably necessary, unless to charge the parish with an expense for the support of the ornament after it has been put up. But if there is no such charge incurred, the approbation of the majority of the parishioners is not necessary, nor the disapprobation binding on the ordinary. A faculty does not enjoin the raising of any rate; and if it is found a burthen, it may be removed by another faculty. These were the dicta of Lord Stowell in Churchwardens of St. John's (Margate) v. Parishioners, &c. of the same Parish (k), in which case a faculty for accepting and erecting an organ was granted, without a clause against future expenses being charged on the parish, and in which objections of certain of the parishioners were overruled. Of course in this, as well as in all faculties properly granted, due regard was had to the condition of the inhabitants, and the general circumstances of the parish. A like principle was adopted in Jay v. Webber(1), Pierce, &c. v. Rector, &c. of Clapham (m), by Sir W. Wynne. The doctrine laid down by Lord Stowell was also held by the King's Bench in Butterworth, &c. v. Walker, &c. (n), and a prohibition refused. The following opinion was given by the same great autho- Salary of rity to the churchwardens of Burton on Trent, in 1790, as to Organist. the salary of an organist: "I think, under the circumstances stated, the churchwardens have a right, with the consent and approbation of the vestry meeting legally called, to pay the (h) 3 Burr. 1689. VOL. I. (k) [1 Hagg. 198.] (m) [3 Hagg. 11.] I i Organist under Control of Minister. [ 375 ] salary of the organist, and to charge it in their accounts, notwithstanding the objections of a very inconsiderable minority; and I think that they would be supported by courts of law, temporal and ecclesiastical, in so doing. I advise that this assessment may be made with the consent of the vestry in the way of a church rate, and that those who refuse to pay the rate be sued for the same in the Ecclesiastical Court.-WM. SCOTT." [The minister has the right of directing the service, e.g. when the organ shall and shall not play, and when children shall and shall not chaunt, though the organist is paid and the children managed by the churchwardens (o). They must complain to the ordinary if he introduces irregularity into the service (p).ED. There are also besides these, by an ancient constitution of Archbishop Winchelsea, divers other particulars enjoined to be found at the charge of the parish, which since the Reformation are become for the most part obsolete; but nevertheless, as they frequently occur in our books, it may be proper not to pass them altogether unnoticed. Which constitution is thus: "The parishioners shall find at their own charge these several things following: a legend, an antiphonar, a grail, a psalter, a troper, an ordinal, a missal, a manual, the principal vestment, with a chesible, a dalmatic, a tunic, with a choral cope, and all its appendages, a frontal for the great altar, with three towels, three surplices, one rochet, a cross for processions, cross for the dead, a censer, a lanthorn, an hand-bell to be carried before the body of Christ in the visitation of the sick, a pix for the body of Christ, a decent veil for Lent, banners for the rogations, a vessel for the blessed water, an osculatory, a candlestick for the taper at Easter, a font with a lock and key, the images in the church, the chief image in the chancel, the reparation of the body of the church within and without as well in the images as in the glass windows, the reparation of books and vestments whenever they shall need (g)." Legend.]-The book containing lessons to be read in the public service, taken out of the Holy Scripture, the lives of saints, the writings of the ancient fathers and other doctors of the church (r). Antiphonar.]-From al, contra, and own, sonus; so called from the alternate repetition of the psalm; one part thereof being sung by one part of the choir, and the other part thereof by the other part of the choir: And it contained not only the antiphona, as the word barely signifies, but also the invitatories, hymns, responsories, verses, collects, and whatever was (0) [Hutchins v. Denziloe, 3 Phill. 90.] (9) Lindw. 251. said or sung in the choir, called the seven hours, or breviary, except the lessons (s). Grail.]-Gradale; strictly taken, this signifieth that which is sung gradatim after the epistle: but here it is to be understood of that whole book which containeth all that was to be sung by the choir at high mass; the tracts, sequences, hallelujahs, the creed, offertory, trisagium, and the rest; as also the office for sprinkling the holy water (t). Psalter.]-The book wherein the psalms are contained (u). Troper]-This contained the sequences only; which were [ 376 ] not in all grails. The sequences were devotions used after the epistle (x). Ordinal.]-The book which ordereth the manner of performing divine service; and seemeth to be the same which was called the pie, or portuis, and sometimes portiforium (y). Missal.]-The book which containeth all things pertaining to the saying of mass (z). Manual.]-So called a manu, as being required to be constantly at hand; and it seemeth to be the same as the ritual; and containeth all things belonging to the ministration of the sacraments and sacramentals; also the blessing of fonts, and other things by the use of the church requiring benediction; and the whole service used at processions (a). Principal Vestment.]-That is, the best cope to be worn on the principal feasts (b). Chesible.]-Casula; the garment worn by the priest, next under the cope; which was called also the planet. And it is said to be so called, as being a kind of cottage (as it were), or little house, covering him all over (c). Dalmatic.]-A deacon's garment; so called, from being at first woven in Dalmatia (d). Tunic.]-The subdeacon's garment, which he useth in serving the minister at the mass (e). Choral Cope.-Capa in choro; a cope, not so good as that to be used on festivals, but to be worn by the priest who presided at the saying or singing the hours (). The capa was so called a capiendo, because it containeth or covereth the whole man (g). And all its Appendages.]-To wit, the amyt, alb, girdle, maniple, and stole (h). Frontal.]-A square piece of linen cloth covering the altar, and hanging down from it; otherwise called a pall (i). For the great Altar.]-In honour of the saint to whom the (d) Ibid.; Johns. Winch. (i) Ibid. [ 377 ] Who hath the church is dedicated; which was wont to be placed in the choir, as in a more solemn part of the church (k). Three Towels.]-Two to be laid upon the altar under the corporal, and the third for wiping the hands (4). Three Surplices.]--For the use of the three ministers of the church: the priest, deacon, and subdeacon (m). Rochet.]-Rochet is a surplice, save that it has no sleeves; and was for the clerk who assisted the priest at the mass; or for the priest when he baptize children, that his arms might be more at liberty (n). A Cross for the Dead.]-To be laid on the coffin, as it seemeth; or on the corpse when it was brought to the church (0). Pix.]-With a lid or cover (p). Osculatory.]-This was a tablet or board, with the picture of Christ, the blessed Virgin, or the like; which the priest kissed himself, and gave to the people for the same purpose, after the consecration was performed, instead of the ancient kiss of charity (q). Images.]-To wit, of Christ crucified, and of other saints (r). The chief Image in the Chancel.]-That is, of the saint to whom the church is dedicated (s). 24. A person may give or dedicate goods to God's service in the Goods of such a church, and deliver them into the custody of the churchwardens, and thereby the property is immediately changed (t). the Church. And if a man erect a pew in the church, or hang up a bell in the steeple, they do thereby become church goods (though they are not expressly given to the church), and he may not afterwards remove them; if he does, the churchwardens may sue him (u). The soil and freehold of the church and churchyard is in the parson; but the fee simple of the glebe is in abeyance (x). And if the walls, windows, or doors of the church be broken by any person, or the trees in the churchyard be cut down, or grass there be eaten up by a stranger; the incumbent of the rectory (or his tenant if they be let) may have his action for the damages (y). But the goods of the church do not belong to the incumbent, but to the parishioners; and if they be taken away, or broken, the churchwardens shall have their action of trespass at the common law (≈). As in the case of Bucksal, T., 12 Jac. But |