to go into the church: and therefore it was the plaintiff's own fault if he did not gain to himself a complete title to a pew, which he might do either by applying to the ordinary for a faculty, or to the minister or churchwardens to allot him a seat in the church. If bare possession were allowed to be a sufficient title, it would be an encouragement to commit disorders in the church; for disputes would frequently arise respecting the possession (a).

Note.-Trespass will not lie for entering into a pew, because the plaintiff has not the exclusive possession; the possession of the church being in the parson; wherefore in case for such disturbance, a right by prescription or faculty must be proved (a).

But though the possession of the church be in the parson (for the whole church and church-yard are the rector's freehold), yet, where a rector was cited in the episcopal consistorial court to shew cause why the ordinary should not grant to a parishioner a faculty for stopping up a window in a church, against which it was proposed to erect a monument, to the grant of which the rector dissented, notwithstanding which the court below were proceeding to grant the faculty with the consent of the ordinary; it was held to be no ground for a prohibition: but mere matter of appeal if the rector's reasons for dissenting were improperly over-ruled; for as yet, no common law right was touched which called upon the Court to prohibit the ecclesiastical court from proceeding to grant a faculty; which faculty was no more than a licence from the ordinary himself to do the act proposed, and would not bind the rector against his consent, if by law his consent were material (b).

(a) Storks v. Booth. x T. R. 428-430.

(4) Bulwer v. Hase. 3 East's R. 217.

APPENDIX.

PRECEDENTS OF AGREEMENTS, &c.

Agreement for granting a Lease of a House

and Field.

MEMORANDUM of an agreement entered into this

of

day of 1804, between A. B., of the one part, and C. D. of of the other part, whereby the said A. B. agrees by indenture to be executed on or before Michaelmas day next, to demise and let to the said C. D. a messuage or tenement, with the garden and appurtenances thereto belonging, situate, lying, and being in the parish of in the county of now together with all that

in

or late in the occupation of

field or close, situate, lying, and being in

aforesaid,

called or known by the name of now or late in the to hold to the said C. D. his execu

occupation of

tors, administrators, and assigns, from Michaelmas day aforesaid for and during the term of

years, pounds, payable

at or under the clear yearly rent of half-yearly, clear of all taxes and deductions except the land tax. In which lease there shall be contained covenants on the part of the said C. D. his executors, administrators, and assigns, to pay the rent, and to pay all taxes, rates, and assessments (except the land tax), to repair the premises (except damages by fire), to deliver the same up at the end of the term in good repair (except as last aforesaid), with all other usual and reasonable covenants, and a proviso for the re-entry of the said C. D. his heirs or assigns, in case of non-payment of the rent for the space of days after either of the said rent days, or the non-performance of the covenants.-And there shall also be contained a covenant on the part of the said A. B. his heirs and assigns, for quiet enjoyment. And the said

C. D. hereby agrees to accept of the said lease on the terms aforesaid.-And it is mutually agreed that the costs of this agreement, and of making the said lease and a counterpart thereof, shall be borne by the said parties equally.

In witness, &c.

Agreement for granting a Farming Lease,

MEMORANDUM of an agreement made this

day of

in the year

between A. B. &c.

of the one part, and C. D. &c. of the other part, whereby it is agreed, that the said A. B. shall, on or before the 25th day of March now next ensuing, make and execute unto the said C. D. his executors, administrators, and assigns, a good and valid lease of all that messuage, &c. and all those several closes, pieces, or parcels of land, &c. with the appurtenances thereunto belonging, for the term years, from the said 25th day of March, at the pounds, payable half-yearly clear of all deductions for taxes, or any other account whatsoever (except the land tax), the first payment of the said rent to

of

At a yearly rent. yearly rent of

rent per acre for

The lease to con

tain covenants

the tenant.

To pay rent and

taxes.

be made at Michaelmas day next, and at or under the furAnd a further ther yearly rent of 51. for every acre, and so in proportion ploughing. for a less quantity, of meadow or pasture ground which shall be ploughed or converted into tillage contrary to a covenant to be contained in the said lease, as hereinafter directed the first payment of the last-mentioned rent to be made on the first half-yearly rent day after such ploughing and conversion into tillage as aforesaid; and in the on the part of said lease there shall be contained covenants on the part of the said C. D. his executors, administrators, and assigns, to pay the aforesaid rents, and to pay all taxes, rates, and assessments (except the land tax),—for doing all manner of repairs to the said buildings, hedges, ditches, rails, and other fences (the said A. B. his heirs or assigns, providing upon the premises, or within. miles thereof, rough timber, bricks, tiles, and lime, for the doing thereof, to be conveyed by the said C. D. his executors, adFor permission ministrators, or assigns).-For permission for the said A. B. his heirs or assigns, at all seasonable times, to view the state of repairs.-That the said C. D. his executors, administrators, or assigns, shall not plough or convert into tillage any of the closes of meadow or pasture ground without the licence of the said A. B. his heirs or assigns,

For repairing
(landlord find-
ing timber, &c.)

to view state of repairs.

Not to plough meadow.

in writing first obtained.-That the said C. D. his execu- Not to carry off tors or administrators, shall not carry off from the farm

fodder, &c.

any hay, straw, or other fodder, and that the said C. D. his executors, administrators, or assigns, shall spread on To spread dung some part of the said lands in an husbandlike manner, all on the premises. the dung, manure, and compost, which shall arise from

same in an hus

of last year.

growth.

the said farm, and shall in all respects manage and culti- And manage, vate the same in an husbandlike manner, and according bandlike manto the usual course of husbandry used in the neighbour- ner. hood, and shall leave all the dung, manure, and compost To leave dung of the last year, for the use of the landlord or succeeding tenants. That the said C. D. his executors, administrators, or assigns, shall not cut or plash any of the quick Not to cut hedges hedges under years' growth, and shall cut or plash under certain those at seasonable times in the year, and at the time of doing thereof shall cleanse the ditches adjoining thereto, To cleanse and guard and preserve the hedges, which shall be so cut and plashed as aforesaid, from destruction or injury by cattle, and shall also at all times guard and preserve all young hedges and young trees from the like destruction or injury. That the said C. D. his executors, administra- To prepare fal tors, or assigns, shall, in the summer immediately prece- end of the term ding the determination of the said term to be granted as for a crop. aforesaid, prepare for seed in an husbandlike manner such

ditches, &c.

low lands at the

acres of the arable To lay down

part of the land as shall be in a course of fallow and fit to be sown with a crop the ensuing season, and lay down with clover-seed and rye-grass land which shall be then in tillage, sowing upon each part with clopounds of the best clover-seed and

acre thereof

bushels of the best

ver, &c.

entry.

rye grass seed. And in the said lease And to contain there shall be contained a proviso for re-entry by the said a proviso for re A. B. his heirs or assigns, in case of non-payment of rent for the space of days, or non-performance of the covenants, or in case the said C. D. his executors, administrators, or assigns, shall assign, under-let, or otherwise dispose of the said premises, or any part thereof, or do commit or suffer any act or deed whereby, or by means whereof the said premises, or any part thereof, shall be assigned, under-let, or disposed of, without the consent in writing of the said A. B. his heirs or assigns, first obtained. And there shall be contained covenants on the And covenants on the part of the

part of the said A. B. his heirs and assigns, for quiet en- landlord for quiet joyment. That the said A. B. his heirs or assigns, shall, enjoyment. days' notice, provide and allow to the said C. D. To provide tim his executors, administrators, and assigns, upon the pre-ber, &c. for repairs.

upon