all vacant Seats in the Aisle, he cannot intermeddle with temporal with a temporal right. (9)

He has, therefore, no power over Seats in Chapels annexed to the houses of Noblemen and other Laymen. (r)

And as Proprietary Chapels are perfectly anomalous, being things unknown to the constitution of our Church and Ecclesiastical establishments, the Ordinary has no power (s) over the Pews in them, all of which belong to the owners of such Chapels.

rights.

No power over Seats in Private Chapels.

Nor in Proprietary Chapels.

It has been said, though doubted by Watson, (t) Church in an that if a layman, after the dissolution of Monasteries, old Monasteryhas a Monastery, in which is a Church, and he suffers the Parishioners for a long time (60 years, for instance) to come to it to hear Divine Service, and to use it as their Parish Church, the Ordinary obtains jurisdiction to order the Seats, because, though formerly not subject to the Ordinary, it is now, in fact, a Parish Church. (u)

by Patron.

But there is no doubt that if the Proprietor, or Seats ordered Patron himself, has used to dispose of and order the Seats, by placing persons therein, in such case the Ordinary cannot displace them. (x)

and Vestry have no right

Neither the Clergyman nor the Vestry have any Clergyman right whatever to interfere with the Churchwardens in seating and arranging the Parishioners, as is often to interfere. erroneously supposed. But at the same time the

(q) Swetnam v. Archer, 8 Mod. 338.

(r) 2 Roll. Abr. 288; Vin. Abr. "Prohibition" (G).

(s) Moysey v. Hillcoat, 2 Hag. 46.

(t) Watson's

Law, 389.

Clergyman's

(u) Buzzard's case, Vin. Abr. "Prohibition" (G).

(x) Buzzard's case, 2 Rol. Abr. 288.

с

Incumbent's authority.

Churchwar

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, may reasonably be deferred to in this matter. (y)

For 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. (z)

As the Churchwardens have the care of the dens must keep Church and of all the Seats therein, they must see

good order.

May remove intruders.

Removal of

Parish Clerk

that good order be preserved, and no disturbance or contention be made about them in the house of God; but 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. (a)

And as the Churchwardens have a right to exercise a reasonable discretion in directing where the Congregation 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 public scandal, or disturbance of Divine Service. (b)

A Parish Clerk having been dismissed from his from his Desk, 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 celebration of Divine Service. (c)

force.

A. claimed a right to sit in a particular Pew Unnecessary 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 Churchwardens, on being applied to by B. went to the Pew and desired A. to quit it, which he refused to do, upon which one of the Churchwardens 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, thinking that some unnecessary force had been used, though the evidence on that subject was contradictory, found a verdict for the plaintiff, and £5 damages. (d)

(c) Burton v. Henson, 10 M. & W. 105.

(d) Reynolds v. Monkton, 2 M. & Rob. 384.

the Churchwardens.

THE actual exercise of the duties of Churchwar- Interfere with dens in seating and arranging the Parishioners is often interfered with by Faculties appropriating certain Pews to certain individuals, in different forms and with different limitations; as also by prescriptive rights to Pews which these Faculties are supposed to have occasioned. (a)

tion insuffi.

cient.

A person claiming a Pew must show either a Mere presumpFaculty or Prescription, which will suppose a Faculty. But mere presumption is not sufficient without some evidence, on which a Faculty may reasonably be presumed. (b)

Faculties.

Faculties appear to be of two descriptions:-1st, Two descripThose which are public in their nature, and have for tions of their object the benefit of the Parishioners generally. 2ndly, Those which are private, and are for the exclusive benefit or convenience of an individual. (c)

Of the first sort are Faculties for newly Pewing a Public. Church, erecting a Gallery or Organ, making a

(a) Fuller v. Lane, 2 Add. 426; Harris v. Drewe, 2 B. & Adol. 167.

(b) Walter v. Gunner and Drury, 1 Hag. C. C. 322.

(c) Roger's Eccl. Law, 433.