Faculty for exchanging Seats. The grant of a Form of proceeding. There may be a Faculty for exchanging Seats in a Church. Thus, for instance, after stating that A. in right of a particular house in a Parish, had immemorially a right to a certain Pew in the Church, the Ordinary gave his consent to exchange it for another, each being annexed to the house. (6) Faculties for Pews are granted by the Consistory Court of the Bishop, held before his Chancellor or his Commissary, for all ecclesiastical causes within his Diocese. (c). And the form of proceeding seems to be to take out a Citation to shew cause why a Faculty should not be granted. (d) A Possessory title to a Seat in a Church is sufficient ground for resisting the grant of such a Faculty. (d) Where an issue is raised upon a question of fact, which can only be tried by a Jury in the Temporal Court, (e) a Prohibition lies to the Spiritual Court to stay proceedings to obtain a Faculty for a Seat in a Church. (f) Ground for resistance. Prohibition. (6) Stocks v. Booth, 1 T. R. Courts' (d) Wilkinson v. Moss, 2 Lee, 259. (e) Byerley v. Windus, 5 B. & C. 1; Hallack, v. University Cambridge, 1 Q. B. 615. (f) Swetnam v. Archer, 8 Mod. 338, CHAPTER III. PRESCRIPTION. id. a a .... Title by Prescription 35 Should appear reasonable.. id. Reason insufficient id. Use of Church being in Parishioners. 36 Ordinary would have no power to appropriate id. Therefore Prescription could have no legal beginning.. id. There being no competent grantor 37 Consequently such title appears unreasonable id. Held bad in Pym v. Gorwyn. id. As Court would not inter fere in matter of title . id. Nor meddle with the Seats 38 Nor decide controversies respecting them id. Prescriptive title now held good... id. Founded on immemorial usage id. Prescription to chief Seat in the Chancel 39 Vicar's claim to a Seat there id. Parishioners' claim id. Seat in the body of the Church id. Priority of Seat 3 Contention about priority id. Particular place in a Seat 40 House subdivided id. Prescription for an Aisle.. id. It goes with the house 41 Owner quitting his house.. id. Occupier entitled to use Owner cannot restrain tenant.. id. Aisle appurtenant to house out of the Parish id. Pew appurtenant to house out of the Parish 42 The latter doctrine may be doubted id. Nature of property in a Pew id. The Parson's freehold.... 43 Where it may be in the owner ...... id. The right of possession id. Resembles an Easement id. Definition of an Easement id. The right of sitting . id. Pew in the nature of an Heirloom id. 44 D 53 Monuments, &c. cannot be pulled down 45 Cloth hung up in a Church id. Property in the wood-work of a Pew id. Similar to the property in a Monument id. The Prescription Act 46 A difficult question arises id. Claim in derogation of the rights of the Parish- id. Contrary to the policy of our law 47 The Act appears inapplicable to Pews... id. Controversies, how determinable id. Trial of Prescriptions and Customs .. id. Jurisdiction of the Spiritual Court 48 Where Prescription is admitted... id. Prescription pleaded id. Prohibition will be granted id. Immediately on its being disputed id. The Churchwardens of Ludlow's case 49 Where Spiritual Court may quiet possession.... id. A Bill does not lie id. Prescription triable at common law 50 Ground of Temporal jurisdiction... id. Interference with Pew in an Aisle id. Distinction in Dawtree y. Dee id. Where trespass was held to lie id. Obstructing the use of a Pew 51 An action on the case lies.. 51 id. Are construed stricti juris id. Statement in the Declaration 52 Disturbance of an Aisle.. id. A joint Prescription id. Necessary Evidence id. Prescription must be proved ............ as laid Amount of Evidence id. Question for the Jury.... id. The right must be clearly proved id. As it is often supposititious id. Pew must have been imme morially appurtenant to id. And not to lands only 54 Whether it be appurtenant to a house is a question for the Jury id. Occupation alone not suffi. cient id. Lupse of time id. Sixty years' possession.... id. Non-user accounted for id. Possession without inhabitancy 55 The Pew formerly open . id. Proof of repairs ... id. Done from time to time id. By the inhabitants of such house id. Repair of one Pew, evidence as to all 56 Where no repairs have been necessary id. Repair by a Corporation.. id. Lining not a repairing.... 57 What is the strongest Evidence id. 391. id. House built Eighty years. . 57 Action against a wrong doer id. Pew built by the Parish.. 59 Pew enlarged.... 59 id. id. TITLES by Prescription to Pews are not mentioned Title by Prein the old books, neither is the Ordinary's power scription. to give titles, upon which such Prescriptions are founded. And Watson is of opinion that the Ordinary never had such power, and that such Prescriptions are therefore unreasonable. (a) It has been said, that although Prescriptions Should appear resemble the river Nile, in this respect, that no one reasonable. can trace their origin, and so no direct reason can be given for them, as they were before the memory of man, yet some probable reason, sufficient to make the Prescription reasonable, ought to be given. (6) The Courts, however, have been in so confused a Reason insufstate on this subject, that the only “probable reason ficient. sufficient to make the Prescription reasonable, which they could give, was the fiction that some supposed Faculty, for the appropriation of the Pew to the house or messuage in question, had formerly been granted, and had since been lost. There seems to be no instance in modern times of the grant of such a Faculty, and it is one which certainly appears, (a) See Watson's Clergyman's Law, (6) Per Bridgman, C. J. Buxton v. Bateman, Siderf, 203. have no power from the preceding Chapter, to be anomalous, if not clearly bad, in its very nature. (c) Use of Church It is said, that though the freehold of the Church being in Parishioners. is in the Incumbent, yet the use of the Church, to hear Divine Service, is in the Parishioners, (d) who have, by the general law and of common right, a common property in the Pews of the Church. These Pews are for the use in common of the Parishioners, who are all entitled to be seated, orderly and conveniently, so as best to provide for the accommoda tion of all. (e) Ordinary would And therefore there is no reason why the Ordito appropriate. nary should have power to appropriate the use of any part of the Church, to the possessors of any particular house, either by licensing any person to build a Seat, for the exclusive occupation of himself and the possessors of his house, or by so granting any Seat formerly built ; such Seat being presumed to be built at the charge and for the benefit of the Parishioners in common. (f) Therefore Pre- If the Ordinary, then, has not reasonably such scription could have no legal power of granting, Watson conceives it difficult to beginning. imagine how a Prescription to have a Seat, as belonging to a house, can have any just commencement. Because, if there be no means by which a title to a Seat can have a legal beginning, it seems strange that Prescription should be admitted as evidence, of that which never could have a legal beginning or being,-namely, a legal title. (f) (c) Chapter II. ante. (d) Corven's case, 12 Coke, 105. (e) See Chapter I. ante, and per Sir John Nicholl, Fuller v. Lane, 2 Add. 425. (f) Watson's Clergyman's Law, 392. |