Report of the Braintree Church-rate Case: Veley and Joslin V. Burder, and Veley and Joslin V. Gosling : to which is Appended Gaudern V. Silby


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第 183 頁 - ... valid or not ; or how far such case may be analogous to that of the members of a corporation aggregate, who, being assembled together for the purpose of choosing an officer of the corporation, the majority protest against, and refuse altogether to proceed to, any election ; in which case they have been held to throw away their votes, and the minority, who have performed their duty by voting, have been held to represent the whole number.
第 51 頁 - By the civil and canon law, the parson is obliged to repair the whole church; and it is so in all Christian kingdoms but in England ; for it is by the peculiar law of this nation that the parishioners are charged with the repairs of the body of the church "(«). This is undoubtedly a legal truth, as old as any in our books.
第 179 頁 - The parishioners have no more power to throw off the burthen of the repair of the church than that of the repair of bridges and highways — the compelling of the performance of thelatter obligation belonging exclusively to the temporal courts, whilst that of the former has been exercised usually, though perhaps not necessarily exclusively, by the spiritual courts from time immemorial.
第 25 頁 - Rates for the reparation of the Church are to be made by the Churchwardens, together with the parishioners assembled upon public notice given in the Church. And the major part of them that appear shall bind the parish : or, if none appear, the churchwardens alone may make the rate, because they, and not the parishioners, are to be cited and punished in default of repairs.
第 183 頁 - Circumspecte agatis, the Ecclesiastical Courts have sole and exclusive jurisdiction upon the question of the repairs of churches. That statute orders the temporal Courts not to interfere with the bishops or clergy, " when they hold plea in Court Christian of such things as be mere spiritual...
第 164 頁 - rates for reparation of the church are to be made by the churchwardens, together with the parishioners assembled upon public notice given in the church. And the major part of them that appear, shall bind the parish : or if none appear, the churchwardens alone may make the rate ; because they, and not the parishioners, are to be cited and punished, in defect of repairs.
第 187 頁 - Subpoena, and other ecclesiastical writers) to compel the churchwardens to repair the church by spiritual censures ; to call upon them to assemble the parishioners together by due notice to make a sufficient rate ; to punish such of the parishioners as refuse to perform their duty in joining in the rate by excommunication, that is, since the statute of 53 Geo.
第 182 頁 - Counsellor, mentions it only as his own private opinion that, if the parishioners refuse, the churchwardens may make a rate alone. " If the parishioners," he says, " when they come together at such meeting refuse or neglect to join in making such assessment, or refuse to meet, / conceive the churchwardens, having just cause for such assessment, may proceed alone...
第 177 頁 - That such obligation is not grounded on the force of the general ecclesiastical law is manifest from this, that, by the authority of all the writers on the general canon law, the repairs of the whole of the parish church, both the body and the chancel, fall upon the rectors or owners of the tithes, except that by custom, in some countries, part falls upon the parishioners.
第 22 頁 - Moved for a prohibition to the spiritual court, for that they sue a parish for not paying a rate made by the churchwardens only; whereas by the law the major part of the parish must join. TWISDEN, Justice. Perhaps no more of the parish will come together. Counsel. If that did appear, it might be something.