Page:The English Reports v1 1900.pdf/360

this preamble:

And that the Chapel was consecrated by William Laud, Bishop of London, 7th June, 1631, and that the inhabitants had always elected their ministers or chaplains ever since the Chapel was created, and that the minister's only maintenance was the voluntary contribution of the inhabitants, except 10l. per ann. chargeable upon an house in Hammersmith given by one La Gooche, ten shillings per ann. chargeable upon half an acre of land given by Stephen Burton, ten shillings per ann. for a sermon preached on New-Year's-Day by Nathanial Dancer, all inhabitants of Hammersmith; all which legacies were given many years after the Chapel was built; and that Mr. Wade, the [400] last curate, was chosen by the inhabitants in 1662, and officiated forty-five years, and till he died in November, 1707; and that he had received the voluntary contributions of the inhabitants, obtained a licence from Bishop Sheldon; which licence was approved by Bishop Hinchman, and confirmed at three several visitations by the present Bishop of London: And that the inhabitants, in November, 1707, immediately on Wade's death, and again in November, 1708, unanimously elected Littleton Burton, minister, (who had officiated for seven years before, during Wade's indisposition, with the express consent of the present Bishop of London;) but the present Bishop of London set up a right to nominate a minister, on pretence of a reservation made in the consecration of the Chapel by Bishop Laud, and denied the inhabitants right to elect a minister, and granted a licence to respondent Hutchinson, to be curate of the Chapel; and that respondent Dwight was vicar of Fulham; and that appellants, in Easter term, 1709, exhibited their bill in the Exchequer against respondents, for settling the right of the inhabitants, to nominate and confirm Burton in the curacy of the Chapel, and prevent disputes in future: And that respondents answered, and witnesses were examined on both sides; and on hearing the cause, 14th February, 1709, the bill was dismissed without costs; which appellant insisted was erronious, because the inhabitants had no other method to have the right established and confirmed; and the proofs in the cause were sufficient to intitle the appellants to a decree. (Jo. Howles. Sam. Mead.)

The respondents on the other hand stated: That the town of Hammersmith was within and part of the parish of Fulham, which was a rectory, of which the Bishop of London was patron, with a vicarage endowed, appendant to the rectory, in the diocess of London: And that, in 1629, the inhabitants of Hamersmith expressed their desire, at their own costs, to erect a Chapel for their ease, and applied to Dr. Cluet, then vicar of Fulham, for his consent, and some writing was made between him and the inhabitants; whereby it was agreed, that all the vicar's rights should be preserved, as if the Chapel were not; and that the inhabitants should find and maintain at their own costs and charges a curate, but no certain maintenance was thereby agreed for the cu-[401]-rate: And that application was made to the then Bishop, and the agreement laid before him; and he was willing to encourage the erecting of such Chapel; and for that purpose gave 9 rood and 3 feet of land north to south, and 3 rood from east to west, out of the manor of Fulham, of which all the cast part of the Chapelyard consisted, and on which all the chancel, and part of the body of the Chapel was erected; but insisted to reserve to the Bishop for the time being, the right to name the curate of such Chapel, and that a certain maintenance should be established for him; which was agreed to, and the Chapel erected, and consecrated; and in the instrument of consecration, 7th June, 1631, the right of naming the curate was expressly reserved to the bishop and his successors; and a maintenance of 30l. per annum provided for the curate, and the vicar of Fulham's rights were also preserved. And that the inhabitants, who signed the articles with the vicar, were witnesses to that instrument, and that, 13th July, 1631, pursuant to the terms expressed in the act of consecration, the then Bishop nominated James Dent to be the first curate, who continued so till 1647, when he died: And that in 1662, after the restoration of King Charles II.