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all the arrears might be lost, and the vicar be starved: whereas the plain intention of these statutes was, that the endowment should be a charge or lien on the rectory itself, as an incumbrance thereon; and that the rectory should be a security for, and chargeable with, all the arrears for the support of the vicar, into whose hands soever it should come. That the vicar is, by law, entitled to all the fruits and profits of his vicarage from the time of his induction; and it seeming in this case to be admitted, that the respondent, as vicar, was entitled to the said several annual payments, there appeared to be no reason why the rectory should be discharged from paying the arrears thereof for any part of the time; the respondent having actually served the cure during the whole time, and these payments being in the nature of wages for such his service. As to the length of time before his original bill was brought, there was a suit depending for many years in the Court of Chancery, between the appellant Cooke and one Jarvis Wilcox, (whose father had purchased the rectory of Cooke's father,) and others, about the title to this rectory; which cause was not heard till the 12th of June 1733, nor was it finally determined till some time in 1735 during all which time the rec-[190]-tory was in the hands of a receiver appointed by the court, and the appellant Cooke thereby kept out of possession; so that till the event of that suit, the respondent could not know against whom to bring his bill. That it was proved in the cause, that many years ago John Cooke, the appellant's grandfather, who was impropriator of this rectory, paid to Robert Parr, the vicar, the said several quantities of corn in kind; and that on the 23d of February 1664, the said John Cooke accepted a lease from Parr, of the said yearly quantities of corn, and of the said yearly sum of 40s. in money, for a term of three years, under the yearly rent of £16 payable quarterly; and that by several subsequent agreements, Cooke held the said quantities of corn and yearly sum, as tenant or lessee thereof under Parr for many years, at the like yearly rent. That the appellant Wilkes purchased pending the suit, and with notice of the respondent's demand; and could not therefore be in any better condition than the appellant Cooke would have been, had he continued owner of the rectory, until the time of the decree.

After hearing counsel on this appeal, and the unanimous opinion of the Judges present, upon a point of law to them proposed;^[1] it was ordered and adjudged, that the decree or order made on the rehearing should be so far varied, as that the appellant Wilkes was only to account for the arrears of the said pearly payments, accrued due since the time of his purchase; and that in all other respects, the said decree or order should be affirmed. (Jour. vol. 26. p. 516.)

The church of Dorchester, in the county of Oxford, is a very ancient church, founded in the earliest ages of Christianity in England, and the mother church of its peculiar; and as such, the rectory or spiritual profits of such peculiar belonged thereto of original right, in which peculiar are the towns of Dorchester, Benson,