case WALWYN against awberry and other a justification in trespass that the  plaintiff be the rector of such a church and that the good be take under a  sequestration of the profit of the rectory for the reparation of the chancel  must aver that no more be take than be necessary to the expense of reparation  but the profit of a layimpropriation can be sequester for the repair of the  chancel S C Mod S C keb S C vent S C Freem ante Mod vent hard Mod Mod ld ray  vern Peer wms Peer wms Peer wms see Danv Com dig prohibition g Mod Chan can  Peer wms Ven   light b action of trespass for take away four load of wheat  four load of rye four load of barley four load of bean and four load of pea  the defendant as to part plead not guilty and as to the other part justify for  that the plaintiff be rector of the rectory impropriate of Bradwardyne in the  county of Hereford and so bind to repair the chancel and that the chancel be  out of repair the bishop of Hereford after monition to modern the plaintiff to  repair the same have grant a sequestration of the tithe c of the rectory and  that the defendant be churchwarden have take they into their hand and so  justify by virtue of the sequestration to which the plaintiff demurrer barrel  sergeant I do not deny but that the rector of a rectory impropriate may  perhaps be bind of common right to repair the chancel but since the statute of  Henry c and Henry c have convert the tithe of such rectory into layfees they  have consequent exempt they from the jurisdiction of the ordinary a doubt be  conceive upon the statute of Henry c whereby pension proxy and synodals be  save what remedy lie for the recovery of they and it be therefore provide by  the statute Henry c that the church shall be sequester the possession of  ecclesiastical person be subject to the law modern er p diction of the  ordinary and may be sequester in many case by process out of the bishop court  but whenever the possession of layman be charge with any ecclesiastical  payment or spiritual charge the ordinary can not take the land into his hand  nor meddle with the possession thereof in any sort but the constant usage be  to compel the person by ecclesiastical censure in the year there be  application make to the queen to provide a remedy for the reparation of the  chancel of such church whereof the parsonage be impropriate moreover he say a  sequestration do not bind the interest nor put the rector out of possession  the not submit to it be only matter of contempt and it can no more be plead in  bar to a action of trespass than a sequestration out of chancery atkins  justice I hope not to see it draw in question whether a sequestration out of  chancery may be plead in bar to a action of trespass at the commonlaw or no  but if it be plead I think we need not scruple to allow such a plea by reason  the court of chancery at Westminster prescribe to grant such a process which  be a court of such antiquity that we ought to take notice of their custom  Baldwin sergeant contra cite fitzherbert Naturoo narrow places a f n b a the  register of original writ b page b the statute of circumspect to put in motion  a Edward I c a Diathans commentary upon the legatine constitution of Othobone  title ne to bear before produce an assembly of the modern to be empty to take  wholly Lindewood de Adificand church b Reg b a b where it be say the  reparation of the chancel be onus real impose rehabs win mask and Cawdries  case c   ander Poph c be also cite the statute of Henry c sir John davies  report Vaughan Reg jud the yearbook Henry pi Henry pi b and the statute Henry  c it be object that these tithe be become a layfee to which I answer that by  the statute of Henry c there be a remedy give for they in the spiritual court  it be enact indeed that fine and recovery may be suffer of they as of land and  tenement but they be not make layfees to other purpose No statute exempt they  from the jurisdiction of the ordinary nor discharge the onus real the save in  the statute of Henry c preserve the power of sequestration as well as other  particular there instance for all right of any person or person their heir and  successor be save c the save be large the parishioner have a right in the  chancel and to have it keep in repair for the communiontable be to stand there  though they have not law sepulturce there the practice be with we and this be  the first instance of disobedience to such a sequestration beside there be  many impropriation in the hand of dean and chapter and body politic which can  be excommunicate what process will you grant against they but sequestration I  do not mean appropriation to wit such rectory as be appropriate to they before  the dissolution of monastery and have continue so to this day for there be no  question but the ordinary may sequester they but I mean such impropriation as  they have purchase of the king and his patentee since the dissolution north  chief justice the bishop be in the nature of a ecclesiastical sheriff if a  action of debt be bring against a clerk and the sheriff have return upon a  fierifacias that the defendant be clergyman status of pertaining to a favor   non to have layman Jeodum there issue afierifacias to the bishop upon which he  use to sequester as they call it the ecclesiastical possession of the  defendant but that be not proper a sequestration for the ordinary must not  return sequestrarifeci he must return become jeci or no one good in like  manner as a sheriff of a county must do this I have know in experience that a  bishop have be order in such a case to amend modern his return the reason of  this process be because the possession of ecclesiastical person be so distinct  from temporal possession that they can not be subject to the ordinary process  of the temporal law no more than possession of laynien can be subject to their  jurisdiction and therefore rectory impropriate be now incorporate into the  commonlaw and convert into lie fee it shall seem to I that they be thereby  exempt from the jurisdiction of the ordinary and this I take to be within the  modern er p reason of Jeffriess case a   cro Elizabeth astons Ent a where  temporal person that be liable to contribute towards the repair of the church  out of their temporal possession be say to be compellable thereunto by  ecclesiastical censure it have be say that the parishioner have a right in the  chancel but I question that it be call lattice lattice because the parishioner  be barted from thence it be the right of the parson Wyndham justice think that  by the save in the statute of Henry c the jurisdiction of the ordinary be  preserve atkins justice the parson be Chargeable with the reparation of the  chancel in respect of the profit which he receive they be the proper debtor  now I think it may be hold that the impropriation affect only the surplusage  of the profit over and above all charge and duty issue out of the parsonage  and wherewith it be original charge the reparation of the chancel be a right  arise from the first donation which shall not be take away but by express word  Scroggs accordant north chief justice the defendant plea be nought for the  cause of their justification be that what they do be in execute a  sequestration whereby they be authorize to take into their hand the profit of  the rectory for the reparation of the chancel now they ought to aver that they  do not take into their hand more than be sufficient for the reparation thereof  if the law come to be take as my brother be of opinion it will make a great  step to the give ordinary power to increase vicarages for the parishioner have  a right to a maintenance for one to preach to they Adjournatur b the court  give judgement upon the informality of the plea but it be say S c stomach that  the court incline and S C Mod that all the justice except atkins be of opinion  that as impropriation be now lie fee they can be sequester for the reparation  of the chancel say vide Keble Gibson contra see also burn ecclesiastical law b