[In Viscount Maynard v. Brand (m), a monition was issued against the churchwardens to repair and reinstate, in its original form, the spire of a church which had been destroyed by lightning.-ED.

Table.

4. Can. 82. "Whereas we have no doubt but that in all Communion churches within the realm of England convenient and decent tables are provided and placed for the celebration of the holy communion; we appoint that the same tables shall from time to time be kept and repaired in sufficient and seemly manner, and covered in time of divine service with a carpet of silk or other decent stuff, thought meet by the ordinary of the place (if any question be made of it), and with a fair linen cloth at the time of the ministration, as becometh that table, and so stand, saving when the said holy communion is to be administered; at which time, the same shall be placed in so good sort within the church or chancel as thereby the minister may be more conveniently heard of the communicants in his prayer and ministration, and the communicants also more conveniently and in more number may communicate with the said minister. And all this to be done at the charge of the parish."

In the case of Newson and Bawldry, M. 1 Anne, the case was, that the communion table of ancient time had been placed in the chancel, that there were ancient rails about it which were out of repair, that the parishioners at a meeting had resolved to repair the chancel and rails, and to replace the table there, and raise the floor some steps higher for the sake of greater decency; and upon refusal to pay the rate, and a prohibition prayed, the court inclined that the parishioners might do these things; for they are compellable to put things in decent order, and as to the degrees of order and decency there is no rule, but as the parishioners by a majority do agree (n).

5. In ancient times, the bishops preached standing upon the Pulpit. steps of the altar; afterwards it was found more convenient to have pulpits erected for that purpose (o).

And by Can. 83, "The churchwardens or questmen, at the common charge of the parishioners, in every church shall provide a comely and decent pulpit to be set in a convenient place [369] within the same, by the discretion of the ordinary of the place

(if any question do arise), and to be there seemly kept for the preaching of God's word."

6. Can. 82. "And likewise a convenient seat shall be made Reading " Desk. at the charge of the parish, for the minister to read service in." 7. Can. 58. "Every minister saying the public prayers, or Surplice. ministering the sacraments or other rites of the church, shall wear a decent and comely surplice with sleeves, to be provided at the charge of the parish. And if any question arise touching the matter, decency or comeliness thereof, the same shall be decided by the discretion of the ordinary.'

(m) [3 Phill. 501.] (n) Far. 70.

(0) Ayl. Par. 21.

Font.

Chest for
Alms.

8. Can. 81. "According to a former constitution, too much neglected in many places, we appoint, that there shall be a font of stone in every church and chapel where baptism is to be ministered; the same to be set in the ancient usual places. In which only font the minister shall baptize publicly.' Former Constitution.]-To wit, among the Canons of 1571 (Z).

9. In an act in the 27 Hen. 8, for punishment of sturdy vagabonds, it was enacted, that money collected for the poor should be kept in the common coffer or box standing in the church of every parish.

And by Can. 84, "The churchwardens shall provide and have, within three months after the publishing of these constitutions, a strong chest, with a hole in the upper part thereof, to be provided at the charge of the parish (if there be none such already provided), having three keys, of which one shall remain in the custody of the parson, vicar or curate, and the other two in the custody of the churchwardens for the time being, which chest they shall set and fasten in the most convenient place, to the intent the parishioners may put into it their alms for their poor neighbours. And the parson, vicar or curate shall diligently from time to time, and especially when men make their testaments, call upon, exhort and move their neighbours to confer and give as they may well spare to the said chest, declaring unto them, that whereas heretofore they have been diligent to bestow much substance otherwise than God commanded, upon superstitious uses, now they ought at this time to be much more ready to help the poor and needy, knowing that to relieve the poor is a sacrifice which pleaseth God; and that also, whatsoever is given for their comfort is given to Christ himself, and is so accepted of him, [370] that he will mercifully reward the same. The which alms and devotion of the people the keeper of the keys shall yearly, quarterly, or oftener, as need requireth, take out of the chest and distribute the same in the presence of most of the parish, or of six of the chief of them, to be truly and faithfully delivered to their most poor and needy members."

Basin for the
Offertory.

[Alms collected at the offertory, whether in churches or chapels, are by the direction of the rubric at the disposal of the incumbent and churchwardens. In a proprietary chapel the law is the same (m). "After the divine service ended, the money given at the offertory shall be disposed of to such pious and charitable uses as the ministers and churchwardens shall think fit; wherein if they disagree, it shall be disposed of as the ordinary shall appoint (n)."-ED.]

10. Whilst the sentences of the offertory are in reading, the (1) Gibs. 360. (n) [Rubric to the communion (m) [Moysey v. Hillicoat, 2 Hagg. service.-ED.] 56.]

deacons, churchwardens, or other fit person appointed for that. purpose, shall receive the alms for the poor, and other devotions of the people, in a decent basin, to be provided by the parish for that purpose (o).

This offertory was anciently an oblation for the use of the priest, but at the Reformation it was changed into alms for the poor (p).

11. Can. 20. "The churchwardens against the time of every communion, shall at the charge of the parish, with the advice and direction of the minister, provide a sufficient quantity of fine white bread and of good and wholesome wine; which wine we require to be brought to the communion table, in a clean and sweet standing pot or stoop of pewter, if not of purer metal."

The parishioners shall find at their own charge the chalice or cup for the wine (q).

Which, says Lindwood, although expressed in the singular number, yet is not intended to exclude more than one, where more are necessary (r).

Chalice and

other Vessels

for the Com

munion.

12. The parishioners at their own charge shall find bells Bells. with ropes (s).

13. The parishioners shall find at their own charge a bier Bier. for the dead (t).

14. Can. 80. "If any parishes be yet unfurnished of the Bible. Bible of the largest volume, the churchwardens shall within convenient time provide the same at the charge of the parish.

Bible of the largest Volume.]-This was directed by the second of Lord Cromwell's injunctions under King Henry VIII.; and in the thirty-third year of the same reign it was enforced by proclamation and a penalty of 40s. The like order for this, and also for the paraphrase of Erasmus, was in the injunctions of Edward VI., and continued in those of Queen Elizabeth, and (together with the Book of Homilies) in the canons of 1571. But what Bible is here meant by that of the largest volume is not very clear. King James the First's translation was not then made; Queen Elizabeth's Bible was called the Bishop's Bible; and the translations and reviews [371] commonly called the Great Bible, were those of Tindal and Coverdale in the time of King Henry VIII., and that which was published by direction of Archbishop Cranmer in the reign of Edward VI. (u).

15. By Can. 80, "The churchwardens or questmen of every Common church and chapel shall, at the charge of the parish, provide Prayer Book. the Book of Common Prayer, lately explained in some few points by his majesty's authority according to the laws and his

(0) Rubr.

(p) Ayl. Par. 394.
(2) Winchelsea, Lindw. 252.

(r) Lindw. 252.

(t) Ibid.

(s) Winchelsea, Lindw. 252. (u) Gibs. 202.

Book of
Homilies.

Register
Book.

highness's prerogative in that behalf; and that with all convenient speed, but at the furthest within two months after the publishing of these our constitutions."

Lately explained.]-To wit, in the conference at Hampton Court (x).

By the 1 Eliz. c. 2, s. 19, "The Book of Common Prayer shall be provided at the charge of the parishioners of every parish and cathedral church."

By the 13 & 14 Car. 2, c. 4, s. 2, "A true printed copy of the (present) Book of Common Prayer shall, at the costs and charges of the parishioners of every parish church and chapelry, cathedral church, college and hall, be provided before the feast of St. Bartholomew, 1662, on pain of 31. a month for so long time as they shall be unprovided thereof."

16. Can. 80. "If any parishes be yet unfurnished of the book of Homilies allowed by authority, the churchwardens shall within convenient time provide the same at the charge of the parish."

17. By Can. 17, "In every parish church and chapel shall be provided one parchment book at the charge of the parish, wherein shall be written the day and year of every christening, wedding and burial within the parish; and for the safe keeping thereof, the churchwardens at the charge of the parish shall provide one sure coffer, with three locks and keys, whereof one to remain with the minister, and the other two with the churchwardens severally."

And by the 26 Geo. 2, c. 33, "The churchwardens shall provide proper books of vellum, or good and durable paper, in which all marriages and banns of marriage respectively, there published or solemnized, shall be registered, to be care[372] fully kept and preserved for public use."

Table of
Degrees.

Ten Com mandments.

Sentence.

Monuments.

And by the 30 Car. c. 3, for burying in woollen, "All persons in holy orders, deans, parsons, deacons, vicars, curates and their or any of their substitutes, shall take an exact account and keep a register of every person buried in their respective precincts."

18. Can. 99. "The Table of Degrees of marriages prohibited, shall be in every church publicly set up at the charge of the parish."

19. Can. 82. "The Ten Commandments shall be set at the charge of the parish, upon the east end of every church and chapel, where the people may best see and read the same."

20. Can. 82. "And other chosen sentences shall at the like charge be written upon the walls of the said churches and chapels, in places convenient.

21. Lord Coke says, concerning the building or erecting of tombs, sepulchres or monuments for the deceased, in church,

(x) Gibs. 226.

chancel, common chapel or churchyard, in convenient manner, it is lawful; for it is the last work of charity that can be done for the deceased, who, whilst he lived was a lively temple of the Holy Ghost, with a reverend regard and Christian hope of a joyful resurrection. And the defacing of them is punishable by the common law, as it appeareth in the book of the 9 Edw. 4, 14, the Lady Wiche's case, wife of Sir Hugh Wiche; and so it was agreed by the whole court, M., 10 J., in the Common Pleas, between Corven and Pym. And for the defacing thereof, they that build or erect the same shall have the action during their lives (as the Lady Wiche had in the case of the 9 Edw. 4), and after their deceases, the heir of the deceased shall have the action. But the building or erecting of the sepulchre, tomb or other monument, ought not to be to the hindrance of the celebration of divine service (y).

For of grave stones, he says, winding sheets, coats of arms, penons, or other ensigns of honour, hanged up, laid, or placed in memory of the dead, the property remains in the executors; and they may have actions against such as break, deface or carry them away, or an appeal of felony (2).

But Sir Simon Degge says, he conceives that this must be intended, by licence of the bishop, or consent of the parson and churchwardens (a).

And Dr. Watson says, this is to be understood of such monuments only as are set up in the aisles belonging to particular persons, or if they are set up in any other part of the church, he supposes it to be understood, that they were placed [ 373 ] there with the incumbent's consent (b).

M., 10 Geo. Sir Thomas Bury set up his arms in the church of St. David's in Exeter. The ordinary promotes a suit in the Spiritual Court to deface them, as being set up without his consent. It was moved for a prohibition, on the authorities that action lies by the heir for defacing the monument of his ancestor; but Eyre and Fortescue, Justices, said, the ordinary was judge what ornaments were proper, and might order them to be defaced. The same was afterwards moved in the Court of Common Pleas, and denied there also (c).

For the ordinary is the proper judge about erecting monuments, or putting up other ornaments in the church; yet nevertheless, notwithstanding his allowance, an appeal lies to the metropolitan. As in the case of Cart and Marsh, M., 11 Geo. 2. A dispute arose between the parties, upon cross petitions exhibited to the Archdeacon of Bedford and Commissary

(y) 3 Inst. 202. [See 3 Bingham, cited under Burial, for Monuments: 136; 10 Moo. 484.] see also that title for the law on Vaults, &c.

(z) 3 Inst. 110. (a) Degge, p. 1, c. 12. Wats. c. 39. See also the passage from p. 453-4 of Gibson's Codex,

(c) Palmer v. Bishop of Exeter, Str. 576.