488 REP.
Can. 85. The churchwardens or questmen shall take-care and provide, that the churches be well and sufficiently repaired, and so from time to time kept and maintained, that the windows he well glazed, and that the floors be kept paved, plain and even.
If the churchwardens erect or add any thing new in the church, as a new gallery where there was none before; they must have the consent of the major part of the parishioners, and also a license of the Ordinary. 1 Mod. 237.
But as to the common reparations of the fabric or ornaments of the church, where nothing new is added or done, it doth not appear that any consent of the major part of the parishioners is necessary; for to this the churchwardens are bound by their office, and they are punishable if they do it not.
If the major part of the parishioners of a parish, where there are four bells, agree that there shall be made a fifth bell, and this is made accordingly, and they make a rate for paying for the same ; this shall bind the lesser part of the parishioners, although they agree not to it: for otherwise any obstinate persons may hinder any thing intended to be done for the ornament of the church. 2 Roll's Abr. 291.
And although churchwardens are not charged with the repairs of the chancel, yet they are charged with the su-pervisal thereof, to see that it be not permitted to dilapidate and fall into decay; and when any such dilapidations shall happen, if no care be taken to repair the same, they are to make presentment thereof at the next visitation.
If a church be so much out of repair, that it is necessary to pull it down; or so little, that it needs to be enlarged: the major part of the parishioners, having first obtained the consent of the Ordinary to do what is needful, and meeting upon due notice, may make a rate for new building, or enlarging, as there shall be occasion. This was declared in the 29 C. 2. by all the three courts successively; notwithstanding the cause was much laboured by a great number of quakers who opposed the rate. 2 Mod. 222. Gibs. 197.
And the proper method of proceeding in such case seems to be thus: namely, that the churchwardens first