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A07730
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To the most honorable assembly of the Commons House of Parliament a briefe of the petitioners cause.
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Morley, Caleb.
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1621
(1621)
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STC 18114.5; ESTC S3366
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3,045
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1
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To the most Honorable Assembly of the Commons House of Parliament A Briefe of the Petitioners Cause CHarles Brag sometimes Parson of the Church of Stalbridge of 27. pound 4. shillings value in the Kings Bookes did before the Stat. of 13. Eliz as the Earle of Castle-hauen pretends Lease the Rectorie of Stalbridge aforesaid to Henry Audley for 61. yeeres which Lease was after the said Statute confirmed by Geor. Lo. Audley the now Earle of Castle-hauens Father then Tenant in taile of the Aduouson of the said Church And confirmed also by the the L. Archbishop of Cant. During the time the Bishop of Glocester held the Bishopricke of Bristoll in Commend within which Sea the Church of Stalbridge was The said Church of Stalbridge fell void by Brags institution and induction into a second Benefice with Cure in An. 31. Eliz and came to the King by Lapse Alan Bishop Clarke 7. IACOBI before his institution to the Church of Stalbridge first accepted a presentation from _____ the now _____ of _____ and became bound in bonds of 1500. pound to the said _____ then both Patron and Leasse as aforesaid of the said Church and Rectorie vpon condition that he the said Alan Bishop should resigne the said Benefice of Stalbridge within sixe Moneths after warning giuen And that likewise the said Alan should not question the said Lease so made and confirmed as aforesaid but accept of 27. l' 5. s. per annum the Benefice being worth 300. l' per annum at the least Alan Bishop after his bonds so entred into finding the said presentation defectiue was by the meanes and best furtherance of the said _____ and by the mediation of Sir Francis _____ now Lo. _____ of _____ presented admitted instituted and inducted to the said Church of Stalbridge by the late L. Chancelors presentation vnder the broad Seale Ratione lapsus The Patent of presentation conteining in the body thereof these words Rogantes c. and in the foote thereof these words Per Dominum Cancellarium Angliae And for the obteyning of the said presentation the said Alan Bishop made a counterfeit Certificate in his owne hand writing and thereby informed that the said Church of Stalbridge was but 17. pound value in the Kings Bookes and in the Lord Chancelors right and gift Afterwards the said _____ and Alan falling out the said _____ by a writing vnder his hand and seale bearing date the 14. day of April in the 14 yere of his Maieiesties reigne c. Warnes the said Alan to resigne according to the Conditions of his bonds before specified whereupon the said Alan gaue way vnder his hand and Seale to any faithfull Minister that would accept of the said Benefice and acknowledged the same to be voide and so the said Simonie and lapse came to light Then Caleb Morley in May next following vpon his Maiesties owne presentation to the said Church of Stalbridge Ratione lapsus seu aliquo alio quocunque modo was admitted instituted and inducted Parson thereof His Patent of presentation hauing in the body thereof these words Mandantes c. and in the foote thereof these words Per Breue de Priuato Sigillo And afterwards the now Earle of Castle-hauens Father viz. George Lord Audley who confirmed the said Lease as aforesaid dyed The Questions vpon the whole Precedent matter are Two I. Whether Morley or Alan Bishop be lawfull Parson of Stalbridge II. Whether the said Lease be good against Morley being Parson To the first is answered that the Church was at that time voide when his Maiestie presented the petitioner Morley and not full as is supposed for Alan Bishop was neuer Parson there for Two Causes 1 He the said Alan Bishop was for euer disabled for the same Benefice by reason of his Simonicall Contract as aforesaid as may appeare by the Statute against Simonie as followeth If any person shall or doe for money reward gift profit or benefite directly or indirectly or for or by reason of any promise agreement grant bond Couenant or other assurance directly or indirectly present any person to any Benefice with Cure that euery such Presentation shall be vtterly void And the person so corruptly taking procuring seeking or accepting any such Benefice shall thereupon bee adiudged a disabled person in Law to haue or enioy the same Benefice And the said Alan Bishop hath beene sentenced and depriued for the said Simonie by seauen Reuerend Bishops and seauen others in his Maiesties Court of High Commission 2 The said Alan Bishops presentation is voide also by deceiuing the King in his Graunt Coke 6. Reports fol. 29. For he made a counterfeit Certificate in his own handwriting that the said Parsonage was but 17. pound value in the Kings Bookes and in the Lord Chancelors right and gift as aforesaid and so obtained a Presentation vnder the broad Seale by the warrant of the Lord Chancellor whereas in truth the said Parsonage is 27. pound 4. shillings value in the Kings Bookes and therefore in the peculiar and imediate gift of his Gracious Maiestie and beyond the Lord Chancellors power and gift The late Honourable Lord Chancellor Egerton acknowledged in open Court that Morley was rightfull Parson of the said Benefice and graunted the Writ De vi laica remouenda to settle him in quiet possession which possession was further also confirmed for Morley by a Verdict Iudgement and Execution to the value of 20. l' against the said Earles Bailiffe for taking and carrying away his Tythes in his Maiesties Court of Kings Bench. And whereas it is alledged that the opinions of some of the Iudges are against Morley their opinions were grounded vpon a wrong Case as making the King to present aswell the said Alan Bishop as Morley without any mention of the said counterfeit Certificate and suggestion which being afterward made knowen to the now Honourable Lord Treasurer his Lordship did acknowledge thereupon that the King was deceiued in his graunt and the graunt voide as aforesaid And further how euer the pretence be it will appeare that it is but one of the said Iudges that gaue and holdeth the said opinion all being done likewise without hearing Morley or his learned Counsell And whereas it is alledged that a verdict did passe against Morleys Leasee for 4. l' that was by the euidence of Alan Bishop the said conuicted and depriued Simonist being a principall partie who against his Oath vpon Record in the Hon. Court of Chancerie and High Commission testified against the said Morley And it was by a Iudge who should haue giuen the said Morley the benefit of the Law before whereby his Maiesties Title had neuer come in further question but did not being requested and required thereunto and againe the said Iudge gaue his opinion without hearing against the King and his right Title c. The Kings graunt must be taken a◠intentionem non ad deceptionem 1. H. 7. 13. And if the King graunt vpon false Suggestion or Information this shall be taken more strongely for the King and strictly against the Patentee REASONS in equitie against Alan Bishops Presentation by the warrant of the L. Chancelor 1 If this case shall be made good for Alan Bishops Presentation the King and his Successors will loose their right praerogatiue and this will be the leading Case 2 The Lord Chancelor by the same reason may giue all the Church liuings the King hath 3 The Lord Chancelors Warrant may giue any thing the King hath 4 By the selfe same reason meum and tuum shall be all one 5 Alan Bishop a depriued Simonist shall be rewarded for his deceit and others incouraged to doe the like To the Second is Answered that the said Earle hath not a good Lease in Law of the said Parsonage for these Reasons 1 The said Earle can set forth no Title to the said Lease 35. H. 6. 6. 7. 2 The Patron confirming being but Tenant in Taile and now dead his confirmation is determined by his death Litleton 107. pag. 31. Ed. 3. Fitz. Tit. Grant 61. ◠The Lord Archbishop of Cant. Sede Bristol vacante could not confirme but during his supposed Gardian-ship at the most 20. Ed. 4. 2. Rastal 514. Wards § 9. ◠The said Archbishop was not then Gardian of the said Church but the Bishop of Glocester viz. Cheiney who then held the Bishopricke of Bristoll in Commend 5 The reuersion being in the Crowne the Queene viz. Eliz ought likewise to haue ioyned in the Confirmation with the Patron aforesaid Iudged in the Dutchie 6 The said Lease was Antedated about two yeeres before the said Brag came to be Parson there that so made or Antedated the said Lease Yet by colour of this Lease the Gleabe lands are made away from the Church into the said Copieholds for liues hauing but a pretended estate of 10. yeeres And the Petitioner Morley still remaining Parson of the said Church for these fiue yeeres space hath nothing to supply the Cure being disposest of the profits thereof by an Iniunction giuen with out hearing