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TABLE OF STATUTES.

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Page 13 Edw. I. c. 1. ...

140 23 Hen. VIII. c. 9

159 51 Geo. III. c. 151 ss. 51, 52 75 58 Geo. III. C. 45.

77

78 s. 63 id. s. 64 81

80 128

129 s. 73 .. 80, 81

6,7

6 s. 77 78 s. 78 .. 78, 79

81 59 Geo. III. c. 134

77 s. 14.... 125 s. 26 .. 82, 83

83

8. 75 8. 76

Page 3 Geo. IV. c. 72, s. 21 .... 129

8. 23 .... 7 s. 24 .. 79, 84

80 5 Geo. IV. c. 103

77 8. 10..

84 7 & 8 Geo. IV. c. 72 ...... 77 1 Will. IV. c. 21, s. 1..165, 169,

173 1 & 2 Will. IV. c. 38 ...... 77

s. 2.. 130 s. 4.. 84 s. 21. 79

84 2 Will. IV. c. 61

77 2 & 3 Will. IV. c. 72, s. 2.. 46 1 & 2 Vict. c. 107

77

85 3 & 4 Vict. c. 60

77

82, 83 8 & 9 Vict. c. 70

77 s. 1 101, 102

83

130 11 & 12 Vict. c. 72.

77

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THE LAW

OF PEWS,

CHAPTER I.

THE ORDERING AND DISPOSING OF THEM.

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Accommodation for the
Laity

2 No Seats allowed before the Reformation

Free Seats

6 May be increased .

7 Pews the property of the Parish

id. Seat without payment ...

id. Ordinary's authority in Parish Churches

id. In Chapels of Ease

8 Rector's interest in the Chancel

id. Ordinary's power extends there

id. The disposal of Seats in Churches

id. Exercised by the Church. wardens

9 Not arbitrarily

id. But for the general accommodation

id. With a just discretion.... id. Subject to the Ordinary's decision

id. Churchwardens, officers of the Bishop

id. Right, independent of the Ordinary

10 Cannot be prescribed for.. id. Pym and Gorwyn's case.. id.

B

id. The first Seats were moveable.

3 Property of the Incumbent id. Few old cases on the subject id. Pews provided in later times

id. Fixed Seats part of the Fabric

id. The law has been little understood

id. Rector has principal Pew in Chancel ......

4 Vicar originally had a Seat there

id. Right to retain it

id. Ancient Stalls A Perpetual Curate... 5 His right to a Seat there.. id. Dr. Lushington's dictum.. id. Not meant as an opinion.. 6 Clergyman's Seats under

58 Geo. 3, c. 45........ Churchwardens' Pews.... id. Subscribers' Pews

id.

id.

id.

....

........

id.

sons

away a Seat

id.

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Custom, cited by Gibson.. 11 Where large Pews are al-
Custom held bad

id.
lotted

15 Rule holds in London id. Persons may be removed .. id. Churchwardens may be Permanent Pews

cited for not doing their By concession or allotment id. duty

id.

Different from a Faculty id. May be called upon to shew

Appropriation by Church-
cause

12
wardens

16 A sufficient return

id.

Seats cannot be disposed of Want of space

id. to non-parishioners id. Permission to erect a Pew id. Nor to extra-parochial perOn condition to pay the

id. Parish

id. Case of a man quitting the Where Churchwardens take

Parish

id. 13 Ordinary cannot meddle Every housekeeper has a with temporal rights.. id. right to a Seat

id. Has no power over Seats in Must have one allotted to

Private Chapels

17 him

id. Nor in Proprietary Chapels Building a new house in Church in an Old Monastery id. the Parish

Seats ordered by Patron.. id. Where Church must be en

Clergyman and Vestry have larged

id.

no right to interfere ... id. Allotting vacant Pews.. id.

Incumbent's authority. 18
Provision against prescrip- Churchwardens must keep
tive rights

14
good order

id.
Parishioners may claim to
be seated according to

May remove intruders.... id. rank

id.

Removal of Parish Clerk

from his desk..... id. Families are to be seated together id.

19

Unnecessary force In our Cathedrals, and other ancient ecclesiastical edifices, there seems to have been an entire absence of any fixed and regularly constructed accommodation for the laity, as an essential part of the building. (a)

For, before the time of the Reformation, no Seats were allowed, nor any distinct apartment in the Church assigned to distinct inhabitants, except for some very great persons. (6)

(a) See Johns, 175; Ken- (6) Degges, P. C. part i. ch. Dett's Paroch, Antiqu. 596. 12.

Accommodation for the Laity.

No Seats allowed before the Reformation.

.

The first Seats permitted to be used were move. The first Seats able forms, for the ease of the Parishioners, to sit were moveable. during those parts of the service, for which kneeling or standing were directed by the ritual of the times. (c) These moveable Seats were the property of the Property of the

. Incumbent, and in all respects at his disposal; and Incumbent. they were frequently bequeathed by Incumbents to their successors, or others, as they thought fit. (d)

The common law-books of an early period men- Few old cases tion but two or three cases upon this subject, and on the subject. those relating to the Chancels and Seats of persons of great quality. (d)

In later times, however, Pews have been usually Pews provided provided, as conducing to more undivided attention, in later times. and affording a point of union and mutual good example among individuals of families, so that they are probably an assistance to the devotions of the occupiers. (e)

When the Seats in a Church are reckoned part Fixed Seats of the Fabric, it is upon the supposition that they Fabric.

part of the are fixed into the ground. For, if they are loose and moveable, they are not then to be reckoned as parts of the Fabric, but are of the moveable Goods or Utensils of the Church. (f)

The general law, with respect to Pews and Sit- The law has tings in Churches, was, for a long time, little understood ; and erroneous notions on this subject are even now current, at least in many parts of the

been little understood.

(c) Jacob v. Dallow, 6 Mod. 231 ; Tyrr. Prid. 115.

(d) See Johns, 175; Kennett's Paroch. Antiqu. 596.

(e) Jacob v. Dallow, 6 Mod. 231 ; Tyrr. Prid. 115.

(f) Prid. 32.

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