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Excerpt from The English Reports, Vol. 160: Exchequer Division XVI, Containing Younge and Collver, Vols. 1 to 4 Reverend william dent, Clerk, Plaintifi; edward, lord archbishop OF york, john rob, thomas buckle, thomas eeles, john leife, william walbanke, william faint, william waites, edward hodge, john watson, william squires, richard oastler, john sanders watson, henry wickham hird, robert lascelles, john lascelles, and frances his Wife, and mary lascelles, Defendants. May 27th, June 6, 27, 1834. There is nothing illegal in the supposition that, in ancient times, a chapel and chapelry existed, to the curate or chaplain of which the rector of the parish, with the consent of all proper parties, may have assigned a portion of the tithes by way of endowment, reserving to the rector the right of patronage of the curacy and therefore, where it appeared from ancient documents that a chapel had immemorially existed as a parochial chapel, with rites of baptism, marriage, and sepulture and that, in early times, there were chaplains having an assignment of the tithes, as of old time, and there were appointments to the curacy from a very early period and there was evidence of usage, on the part of the curate, to receive all small tithes of modern introduction Held, that the curate was entitled to all small tithes, except wool and lamb, which appeared from the documents to be clearly payable to the rector. - Where parishioners, dwelling within a chapelry, contribute to the repairs of the parish church, 'it is strong, but not conclusive, evidence that the chapel is a chapel of ease to the inhabitants of the parish, and not a separate and distinct chapelry, - It does not of necessity follow that there cannot be a parochial chapel because there has not been a union of parishes in ancient times, nor any Vicarage or mother church with which the chapel can be supposed to have been anciently united. And the circumstance that there is no Vicarage may be accounted for by the fact of the rectory having been conveyed to a monastery prior to the statutes 15 Rich. 2 and 4 Hen. 4. - Though it is not necessary to produce the actual deed creating a composition real, still reasonable evidence must be given to make it probable that such a deed once existed and the mere circumstance of the possession of a piece of land mentioned in various ancient documents as having been assigned to the curate, is not a sufficient ground for any such presumption. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
