case herbert et all versus the dean and chapter of westminster and dr  Broderick et e contra refer to Macallister v bishop of Rochester c p d Bewicke  v Graham Q b d building and endow of a church do original entitle the patron  to the patronage impropriator of a parish have no right to nominate a preacher  to every chapel within the parish it may be a hardship if he shall be bind so  to do neither ought it to be at his election one may build a private chapel  for himself and family or for himself and neighbour or for himself and twenty  neighbour and this will not give the parson a right to nominate a preacher  there upon the plague which happen in the year the churchyard of saint  Margaret Westminster not be large enough to bury the dead parishioner the  inhabitant of that part of the parish which now resort to the new chapel build  there petition the dean and chapter of Westminster who be lord of the manor to  grant they a waste piece of ground to bury their dead which accord the dean  and chapter do under their seal they do by their deed poll for ever free give  assign and dedicate to God and the church Reg lib and it be solemnly  consecrate afterward these inhabitant be at the charge of building a chapel  there have first obtain a royal licence for that purpose the vestrymen and  chapelwardens have ever since the year elect the minister who be to preach  there but now the dean and chapter of Westminster claim a right to name the  minister who shall preach and do divine service in this chapel on a bill bring  to settle the right of nominate the parson of this chapel and on a motion by  the peer William defendant that the plaintiff may produce the vestry book  before a master for the defendant if they please to take copy it be object  that the plaintiff ought not to be order to produce their evidence for that  this case be not like that of a lord of a manor produce his courtrolls to the  tenant because the lord as to the courtrolls be a trustee for the tenant  whereas one not a tenant can oblige the lord to produce his courtrolls and  here the dean and chapter be stranger Lord chancellor when the dean and  chapter give this ground they do not reserve any power to nominate the  preacher and the inhabitant of the chapelry be at the expense of building the  chapel now the building and endow of the church Inst b b be what at commonlaw  original entitle the patron to the patronage here the inhabitant build the  chapel and as appear by the pewmoney have endow it it be not reasonable to say  that the dean and chapter as parson appropriate have a right to supply every  chapel build within the parish with a preacher it will be a expense and  hardship upon they to be oblige so to do neither ought it to be at their  election to supply it for suppose I build a chapel in my house for myself the  parson be not bind to provide for it or suppose I build a chapel in my house  for myself or my next neighbour can the parson name one to preach there I  think not and it will make no alteration if the chapel which I build in my own  ground be intend for the use of twenty neighbour beside my own family as to  the motion that the plaintiff shall produce the peer William vestrybooks  before a master since they in their answer to the cross bill refer thereto and  by that mean make they part of their answer refer to they as it be say for  fear of a mistake for that reason the court ought to let the defendant see  they otherwise there will be no rely upon the answer of those who be thus  guard themselves by reference for fear of a mistake and to avoid exception to  their answer wherefore for that the peer William er p plaintiff who were bind  to hear their cause in a short time have the favour and aid of the court by a  injunction and to the intent that the cause may come more full before the  court at the hear let they bring the vestrybooks before the master and the  defendant who be plaintiff in the cross cause if they please take copy see  Bettison v Farrington post Vol III but afterward on the hear march the court  decree that the tie of nomination of the minister do belong to the dean and  chapter see Dixon v Kershaw Amb and Eden Farnworth v bishop of Chester b c the  dean and chapter be rector appropriate of the parish the chapel be begin about  the year leave have be first obtain from the dean and chapter it be build  partly by a legacy from one of the inhabitant partly by subscription and  partly by a rate levy on the parishioner and be finish between the year and  the dean and chapter allege that soon after the commencement of the rebellion  in the then dean and chapter be deprive of any opportunity of assert their  right of nominate the minister that from may there be no entry in their book  of any capitular act till after the restoration and that during that time many  of the evidence relate to their estate and right be lose that after the  restoration the then dean and chapter who be different person be not full  apprise of their right of nomination till when have discover that the grant  and act of consecration be in possession of the churchwarden they appoint  their subdean and three prebendary to meet some of the pretend vestrymen of  the new chapel to treat about the right of nomination in order to accommodate  the dispute in a friendly manner and dr Smallridge who then officiate in the  chapel be great esteem by the dean and chapter and by the gentleman who resort  to the chapel it be propose by the gentleman then present that all the then  dispute about the right of nomination shall be lie aside for the present and  that dr S shall continue minister without prejudice to the right of nomination  the dean and chapter acquiesce till the death of dr S in when they nominate dr  Broderick and grant he a lease of the chapel and burial ground for year  determinable on his death or cease to be minister of the chapel who bring a  ejectment the defendant dr only one of the prebendary state that the dean and  chapter as rector have the right of nominate a curate for life to the parish  in which right they nominate he as curate in and that he be still possess of  the curacy but whether he have thereby any right to the nominate of a minister  to the say new chapel he do not take upon himself to determine but in case any  such right shall appear hope the court will preserve it to he Reg lib a foe