Archbishops. See Bishop.

Archdeacon, power of, to grant probate and commit administration, as commissary
of bishop, iv. 231. n. 3.

Arches, cause arising in diocese of London may be brought in, why, iv. 15, n. 2.
Articles. See Deprivation. Church void by not reading, how, i. 105, n. title to
confer by lapse on such vacancy, ibid.

Attentats, what, i. 64, n. 5. how revoked, ibid.
Augmentation. See First Fruits, Land Tax.

Banns. See Marriage, (Banns).

B

Baptism, by protestant dissenting ministers, entitles to burial by church of England,
i. 115, n. See Dissenters.

Baptists. Baptist preacher when exempt from serving all parish offices, although
engaged in trade, ii. 192 a. but see 52 Geo. 3. c. 155. s. 9.

Barbadoes, will not attested according to stat. of frauds passes lands in. Errata,
iv. 238, n. 7.

Barley, first titheable in cock, iii. 444. 462, n. 5. custom to render eleventh instead
of tenth cock, 462, n. 6. rakings of tenth cock of, 462, n. 7.
Barrenness, as exempting lands from tithe, iii. 413, 414. & notes.

Beans, Semb. first tithable in cock or sheaf, iii. 465, n. 2. anciently garbed or
bound in sheaves, 466, n. 8, when may be a small tithe if cultivated out of
gardens, 466 n. t.
Bastard. Rule as to four seas exploded, i. 118, n.7. and Addenda this title.
Access of husband presumed till contrary shewn, ibid. sexual intercourse of
husband and wife when presumed and how rebutted, Addenda. legitimacy or
bastardy of child of married woman living in adultery, is a question for the jury,
i. 118. n. 7. non-access how proved, and general grounds of illegitimacy, ibid.
& 118, n. child begotten out of, but born in wedlock, is legitimated by the
recognition of the husband, ibid. declaration by reputed wife that no marriage
or an illegal marriage had taken place, admissible after death of reputed
husband, in order to bastardize, ibid. but she cannot so prove non-access of
husband, ibid. child of married woman may be proved bastard by other
evidence than that of absolute non-access, ibid. after divorce à vinculo, issue
are bastards, 118 a, n. reason why spiritual court cannot annul marriage after
death of parties, ibid. absence of husband beyond sea above two years before
birth of child proves bastardy, ibid. n.8. general bastardy may be tried per
pais when not directly in issue, 128, n. 5. rule of nullius filius applies only to
inheritances, 151, n. 6. a bastard is only entitled to the mother's name, when,
ibid. administration of goods of, 131, n. 8. escheat of land of, ibid. Semb. may
take holy orders, ibid. surrender of copyhold to, ibid. " natural affection" when
not sufficient to raise an use to a bastard, ibid. punishment of women having
bastards chargeable to parish, 132. filiation of bastards, 133. custody of
legitimate or illegitimate children, ibid. n. 9. murder of bastard, or concealment
of its birth, 154. administering poison with intent to procure abortion, 134, 155.
was within the marriage act, 26 Geo. 2. ii. 458, n. 1. is within the law which
prohibits marriage among certain degrees of relationship, 450. proper name
of, in banns of marriage, ii. 437f, g,h. 438a. what consent is necessary in
order to marriage of bastard minor, 438. guardian to, appointed by chancery,
438. when a child may choose his father, 451 a. n. rule that no man shall be
bastardized after his death, holds only in case of bastard eigné and mulier puisné,
118 a, n. 501, n. 8. children begotten after voluntary separation, are presumed
legitimate till non-access is shewn, 507 a. n. 5. Aliter if begotten after divorce
a mensa et toro, till access is proved, ibid. gifts by will to, and how may take
bequests, iv. 131, n.g. bequest to child with which unmarried woman is
enceinte, 166, n. administration of the goods of intestate bastard, petty officer,
seaman, or marine, 2050. of intestate bastard in general, iv. 285 & n. 8.
Bees, only tithable by custom, iii. 413.

Benefice:
I. Presentation: what is, i. 136, n. what benefice is presentative, 137, n. 2. who
may present, ibid. n. 3. must be to a void benefice, i. 157 a. n.4. what is a
full benefice, ibid. by the King in prejudice of another's right, 142, n.9. by
chancellor to living of 201. value in King's books, 144, n. 1. by common
person ought to be within six calendar months after avoidance, when, 147,
n. 2. six months do not commence till after express notice of avoidance
given to patron, when, 148. n. 3. who can give such notice, ibid, avoidance
for not reading the Thirty-nine articles, ibid. stamp duty on, 149. by the King,
how made, 149, n. 4. subject presenting must shew how the church became
void, as by death, &c. 150, n. 6. the King may present generally, without
stating by what title, ibid. revoking presentation, 151, n.9. patron of former
benefice may present on institution to second benefice, but bishop cannot
collate without notice, 170, n. 9.

II. Examination: objection to clerk for immorality may be tried by a jury, i.

155, n. 5.

III. Refusai: grounds to refuse a presentee, i. 156, n.6. notice of, how and
when given to the patron, 157, n. 7. remedy of clerk for wrongful refusal,

162, n.

IV. Admission, i. 163.

V. Institution or Collation. See Collation.

Introduced when, i. 163. n. 8.

patron of former benefice may present on institution to second benefice, 170,
n. 9. church when full by institution, 171, n. 10.
VI. Induction: clerk is not incumbent, nor can sue for tithes before, i. 172, n.1,
stamp duty on mandate for, 172, 173. mandate of guardian of spiritualties
for, 172, n. 4. archdeacon refusing induction, how sued, 173, n.5. revoking
or prohibiting execution of mandate for, ibid. parson may bring action for
trespass to glebe after induction, before taking actual possession, 176, n. 6,
reading Thirty-nine Articles in two months after actual possession of bene-
fice, and deprivation for not so doing, 177, n. 7. stipendiary priest provided by
lessee of benefice with cure under a deanery, must read the articles, 178, n.8.
party deprived for not giving his assent in two months may be presented de novo,
180, n.9. exercise of function after the two months is a new nomination,
when, ibid.

Benefit of Clergy praying, by clerk in orders, i. 190, n.1. sentence of death can
never be passed on clerk in orders for any number of clergyable offences, ibid.
distinction as to, between laymen who can read, and clerks really in orders,
192, n.2. clerks in orders cannot now be burnt in the hand, ibid. imprisonment
of, with hard labour, ibid. of peers and peeresses in clergyable felonies, ibid. on
conviction of offences committed on seas which would be clergyable on land,
by 1 Geo. 4. c. 90. 192, n. n. in cutting and maiming on high seas, ibid.
Bermuda,will not attested according to the statute of frauds passes lands in, Errata,
iv. 238, n. 7.

Bigamy. See Polygamy.

Bishops bishopric in Ireland is donative by letters patent, i. 202, n. 5. title of
Bishop of Ireland here, ibid, King cannot present to donative, of which the
incumbent is made a bishop, 212, n. 7. votes of, in the house of lords, where
superior in number to lords temporal present, 216, n. 8. residences of, in London,
when extra diocesan, 219, n.9. ii. 158, n. 2. precedence of bishop being privy
councillor, ibid. n. 1. guardianship of spiritualties in archbishopric of Canterbury,
225, n. 5. prerogative of King on death of bishop, 226, n. 6. custody of temporalties
of in time of vacation vests in the King, 226, n.7. seizing temporalties in manus
regis for enormous offence of, 227, n. 8. jurisdiction of archbishop over their
provincial bishops, peculiars, 230, n.9. options, 239, n.3. after consecration
vacate cures at common law, iii. 96, n.2. bishops suffragan may hold two
benefices with cure, iii. 100, n. 5. licensing and suspending ministers, iii. 268,
n. 5. costs of mandamus against, ii. 93. n. 5. 61, n.z. power of bishop as visitor
in case of vacant prebend, 93, n. 5. nothing in 52 Geo. 3. c. 155. affects the
jurisdiction of archbishops or bishops, 206. archdeacon's power to grant probate
or administration as commissary of bishops, 231, n. 3.

Blasphemy. See Swearing: acts against in Scotland repealed, ii. 206, n. 7. iii. 216.
common law punishment for, remains as before 9 & 10 W. 3. c. 32. & 53 Geo.3.
c. 160. were passed, ii. 184, n. 4. 206, n. 7. iii. 216, n. 4. and The King v. Wad-
dington, in Addenda tit. Dissenters.

Bond. Delivery of mortgage bond as donatio mortis causâ, iv. 111. n. 6. whether
a bond admits of locality; Semb. not, ibid. bequest of "goods and chattels in
a particular place" does not pass bonds which happen to be there at testator's
death, ibid. passes by bequest of "all testator's goods," ibid.

Brief, liability of representatives of deceased undertakers, i. 252, n.4.
Bull, what is, i. 255, n.6.

Burial, no fee due for, of common right, i. 256, n. fee for, due by custom when,
269, n. fees for, settled by the ordinary, when 268, n. 6. where licence is
necessary for, person giving it may stand on his own price, 256, n. prescrip-
tion for separate burial within the church, aisle, or choir, 257, n. 8. custom of
burying in churchyard as near relations as possible is bad, ibid. custom about
London as to fee for burial, 257, n. 9. burial the usual character of a parochial
church, 257, n.a. information against parson for neglecting burial of parishio-
ners, ibid. n.b. baptism by dissenting minister entitles to Christian burial in
churchyard, 264, n.4. 116, n. 2586. fees on burial of strangers in church-yard,
258, n.2. arresting dead body for debt, 259, n. of thieves, traitors, murderers,
&c., 261, n. 1. fees for burying in unusual modes, as iron coffins, 262, & n. 2.
267, n. 6. acts for burying in woollen repealed, 262. burial of dead bodies cast
ashore from the sea, 262-264. who may not be buried in churchyard, 266,
n.5. bodies of felo de se not to be buried in public highways, &c. but privately
in the churchyard, and when, 267. expences of, what are allowed, to executors,
271, n. 8. to husband, for wife's funeral, Addenda this title. as to popish burial,
see Popery. executor, when may bury, iv. 240, n.6.

Cabbage, is a small tithe, iii. 496 a.

C

Calves, Delivery of tithe calf cannot be determinable at will of owner, iii. 498、
n.7. tithe of, in what parish to be paid, iii. 502, n.9.

Canon. See Deans and Chapters.

Carraway seed, small tithe, iii. 496, & n. 8.

Carrots, small tithe, iii. 496, a.

Carrot-seed, deduction from small tithe of, for rubbing out, iii. 496, n. and n. 9.
Cathedral, cannot be conveyed without the bishop, i. 276, n. 10. creating by
king, ibid.

Cessavit, ii. 299, n. 3.

Cession: patron when to present to first living to avoid lapse, i. 107, n. 5.
Chapel: repair of private chapel, i. 298, n. 5. having parochial rights as clerk,
wardens, burial, &c., is perpetual curacy, and not removeable at pleasure,
300, n. 6. chapels of ease are merely ad libitum, ibid. new churches when
chapels of ease, 305, n. rates for repairing, 305, n. 7. no rate for reimbursing
churchwardens, monies laid out in pursuit of order of vestry, ibid. 358, n. 6,
378, n. 8, 414, n. x. (and see 8 Taunt. 201.) right to nominate to chapel of
ease is in incumbent of mother church, 306, n. 9. but semb. not in a lay rector
not having cure of souls, ibid. chapel of ease has no parochial rights, ii. 55, a. n.
Chaplain, bill, and not information lies by, to establish his right, ii. 61, n. z.
Chapter. See Dean and Chapter.

Chapter Clerk of cathedral or collegiate church acting only as registrar exempted
from 41 G.3. U.K. c. 79, iii. 2, n. 1.

Charitable uses:

Devise to corporation for, valid under 43 El. c. 4., i. 308, n. 1. effect of act,
ibid. decree of commissioners under 43 El. how reviewed, 308, a. n. distinc-
tion as to decree between charities of royal and private foundation, and
where there is a charter, 509, n. equity has jurisdiction under 52 G. 3. c. 101.
over all charities, for the purpose of administering the funds, ibid. legacy to
some public charity is sufficiently certain, ibid. what makes a charity public,

Charitable Uses continued.

ibid. king's prerogative when the use declared is contrary to policy of the
law, as for reading Jewish law, &c., ibid. equity will not extend visitatorial
powers, 311, n. legal estate being in visitors is no objection to them;
aliter, if they have management of the revenues, ibid. equity interferes in the
last case if abuses are not remedied, ibid. substantial deviation from purpose
of institution is a subject of visitatorial jurisdiction, ibid. management of the
funds for relief of "widows and orphans of clergy," (35 G. 3. c. 111)
317. registering and securing charitable donations, (52 G. 3. c. 102.) 317 a.
to 317c. commissioners to inquire concerning charities, (58 G.3. c. 91.,
59 G. 5. c. 81. and c. 91.) 317c. to 317g.

Sir Samuel Romilly's act to provide summary remedy in cases of abuses of
trusts created for charitable purposes, (52 G. 3. c. 101.) 317, g. who may be
petitioners under this act, ibid., n. 2. petition how signed, 317g. act only
extends to breach of trust by the trustees themselves, as between them and
the objects of the charity only, ibid., and 317. h. nor will the court relieve
on a petition for mixed fraud by the trustees and third persons, 317, h.
tenant in possession of a charity estate though at a low rent how far pro-
tected, ibid. Qu. if a petition seeking a variation of the lease is within the act,
ibid. petition praying account of the effects of a deceased trustee is not, ibid.
proceeding for the same objects by information, and petition under this act
checked, ibid. orders subsequent to the petition may be made by the court
on motion, ibid. trustees not appearing, ibid. constructive trusts are not
within the act, ibid. conveyance to new trustees made in one instance of
breach of trust, ibid. master to whom petition is referred may proceed on
evidence by affidavits, ibid.

Additional facilities to courts of equity regarding the management of charity
property, 1 & 2 G. 4. c. 92, 317h and i. Exchanging lands subjected to
charity trusts, 317, i.

Cheese, (See Milk,) not de jure, tithable, but only by custom, iii. 443, n.6.
443 a. n. 7. is a mixt tithe, 408. custom to pay in lieu of tithe milk, 514,
and n. 4.

Cherries, small tithe, iii. 496 a. growing wild in fences, tithable, 497, n. 6.

Chester, bishopric of, severed from the province of Canterbury and allotted to
York, i. 195, n. 3.

City of within, is not within the proviso, in 4 W. c. 2. s. 3. as to distribution
why, 456, 456 a, & 457, n. 6.

Children, import of the word in a will, iv. 148, n. t. bastard children, when take
as, iv. 151, n. g. See Bastards.

Chrisme, mandamus to bishop to give, i, 320, n.3.

Christianity, part of law of England, iii. 215, n. 5.

Christian name. See Name.

Churches. See Public Worship:

Parish churches, i. 67, n. marriage on site of old church, 323, n. u. fairs, &c,
in churchyards, 340, n. 5. going to church, ii. 168, n. 3.

Chancel: Lay impropriator cannot grant part of chancel, 342, n. 6., and
565, n. 1. power of placing and displacing in chancel and body of church,
in whom, 342, n. 6.

Churchyard: indictment for not repairing fence of churchyard, 346, n. 7.
Repairs: Spiritual court has cognizance of neglect of repair of the church,
churchyard, &c., 351, n. 9., may compel payment of rate for repairing,
556, n. 4. what parishioner shall be charged to repair of church, 351, n. 9.
chapel of ease when deemed coeval with church, 353, n. 2. majority in
vestry binds the rest to repair, find bells, &c., 558, n. 6. rate by church-
wardens only, or to reimburse them not good, ibid. 378, n. 8, 414, n. x.
Church Seat, building gallery in church, 558, n. 8., 360, n. 2. parishioners
right to seat in church, 358, n.7. putting different families into the same pew,
ibid., n. 8. prescriptive and possessory title to pew, how divested, ibid.
distribution of seats rests with the ordinary under whom the churchwardens
act, ibid. and not with the incumbent, ibid, jurisdiction of ordinary as to

disposal of pew, how divested by immemorial repair, as well as long
possession thereof, 359, n. 9. and 362, n. o. effect of long occupancy of pew
without repairs, 359, n. 9. evidence of repairing pew, to support claim
thereto, 362, n.o. churchwardens cannot dispose of seats exclusive of the ordi-
nary, except by prescription, 359 a. n. 1. churchwardens bound to repair with
consent of vestry, ibid. n. 2. ordinary cannot grant seat to one and his heirs,
360, n. 4. or family, ibid. pews how annexed to and transferred with houses,
360, n. 5. proper form of grant of pew by faculty ibid. pews appurtenant to
houses cannot be let to non-resident persons, ibid. action at law for
disturbance to pew, when lies, 362, n. o. what is sufficient averment of
annexing a pew to a house, ibid. bill will not lie to be quieted in possession
of pew, ibid. breaking open church door with intent to erect pews in chancel,
how punished, 305, n. 3. right to seats where triable, 366, n. 4.
no per-
manent property in pews, ibid.
Goods and Ornaments of the Church: Erecting monuments, &c. in a church
illegal, if without what consent, 573, n. 5. flat grave stone in a churchyard
as necessary for protection of the grave, ibid. repairing monuments, ibid.
action for defacing monuments, ibid. and n. 6. church ornaments, as
organ, &c. 374, n. t.

Church Rate: Rate for repair of church, &c. made by churchwardens only,
is not sufficient, i. 358, n. 6. what notice of holding vestry for making
a rate is good, 378, n. 7. rate to reimburse churchwardens sums laid out by
them by order of vestry is bad, 358, n. 6. 378, n. 8. 414, n. x., and see
8 Taunt. 201. spiritual court may compel rate for repairing church, ibid.
and 356, n. 4. 386, n. 10. Addenda this title: but cannot compel rate to re-
imburse, 578, n. 8. custom of levying in certain proportions must be followed,
383, n. 9. repairs of church of united parishes, i. 586, n. x. summary remedy
by distress after application to two justices, where church rates not
exceeding £10 are withheld, 53 G. 3. c. 127. s. 7., 54 G. 3. c. 68. s. 7.,
54 G. 3. c. 170. s. 7., 586, 387, 387 d. but the justices have no power where
the amount exceeds £10, or question is made as to the rate in the eccle-
siastical court, 387, a. what is sufficient notice of disputing the rate so as to
make cesser of the proceedings before justices, ibid. wrongful execution of
distress warrant under 55 G. 3. c. 127. s. 7., ibid. justices may oblige quakers
if not exceeding £50, ibid., and iii. 547, n. 1.

to pay,
Churches not to be profaned: and herein of brawling, &c.

Brawling is punishable either by statute or canon law, i. 390, n. 3. what evidence
of the charge under s. 1. of 5 & 6 Ed. 6. c. 4. is necessary, ibid., and
390 a, n. 4. keeping order at vestry meetings, ibid. and see Vestry. eccle-
siastical punishments of brawling, ibid. articles for brawling are a criminal
proceeding, and a misnomer of the judge therein is fatal, ibid. trans-
mitting conviction for, when necessary, in order to excommunication
under s. 5., 391, n. 6, 7. plea of excommunication of plaintiff under s. 3. how
must show excommunication, ibid. self-defence in a churchyard, 395, n. 8.
Building Churches or Chapels by private persons, 43 G. 3. c. 108. 51 G. 3. c.115.
52 G. 3. c. 161. s. 27. 53 G. 3. c. 45. s. 33. 56 G.3. c. 141., i. 396 to 396. c.
Building and promoting the building of additional churches in populous parishes
by parliamentary grant of £1,000,000, 58 G.3. c. 45. 59 G.5. c. 134. 3 G. 4.
c. 72., i. 396 c. to 396 pp.

[The arrangement of these acts being alphabetical in the text, the heads are
not here repeated.]

Churchwardens; may chastise boys playing in church or churchyard, iii. 260.
should repress indecent interruptions of the service by others, iii. 260, n. 1.
and must act, if the preacher himself should act in any grossly offensive
manner, ibid. shall not be reimbursed monies laid out while in office under
order of vestry, i. 507, n. 7., as e. g. in repairs of the church, ibid.; and see
358, n. 6. 378, n. 8. 414, n. x. (and 8 Taunt. 201) Addenda this title, powers
of, regarding pews, monuments, repairs, rates, &c., See Churches. what they
are and their original duties, i. 398, n. 1. 403. pl. 9. 408, 409, n. l. person pri-