Sidebilder
PDF
ePub

ton & Dule bly 284

Wallington

[See poft, p. The Warden and Commonalty of the Mystery of Grocers
221.]
of the City of London, verfus the Archbishop of
Canterbury, and William Backhoufe, Clerk. In
quare impedit. C. B.

record is of
Michaelmas
term laft.

R 1.

2 Black. Rep.
770. S. C.

The decla-
ration sets
forth, that
plaintiff's

were feifed in
fee of the ad-

vowson of
Allhallows

they prefent-
ed thereto
Thomas

Nota. This London. FREDERICK, Archbishop of Canterbury, and
William Backhouse, Clerk, were fummoned to an-
fwer the wardens and commonalty of the mystery of Grocers of
the city of London, of a plea that they permit the faid wardens
and commonalty, to prefent a fit perfon to the church of Saint
Mary le Bow, with the churches of Saint Pancras Soper-lane, and
Allhallows Honey-lane, thereunto annexed, which is vacant, and
belongs to the gift of the faid wardens and commonalty, as they say;
and whereupon the faid wardens and commonalty by George Ward
their attorney fays, that the faid wardens and commonalty of
the myftery of Grocers of the city of London, were feifed of the
advowfon of the church of Allhallows Honey-lane, in the city of
London, as of one in grofs by itself, as of fee and right; and be-
ing fo feifed thereof, they the faid wardens and commonalty, on
the 27th day of March, in the year of our Lord 1663, pre-
Honey-lane,
in grofs;
fented to the faid church, then being vacant, one Thomas Hut-
that on 27th chinfon, their Clerk, who on the prefentation of the faid war-
March 1763, dens and commonalty was admitted, inftituted, and inducted
into the fame, in the time of peace, in the time of our late fo-
vereign lord King Charles the fecond; and the faid wardens and
commonalty further fay, that the Archbishop of Canterbury was
feifed of the advowíon of the church of Saint Mary le Bow, as
that the arch- of one in grofs by itfelf, as of fee and right, in right of his
bishop of
archbishoprick; and being fo feifed thereof, William Juxon then
was feifed in Archbishop of Canterbury, on the 16th day of October, in the
the ad- year of our Lord 1662, in right of his archbishoprick, collated
vowfon of St. the faid last mentioned church, then being vacant, on one
Mary le Bow,
in grofs, in George Smallwood, his Clerk, and did place and induct him into
the corporeal poffeffion thereof; and the faid wardens and com-
archbishop- monaity further fay, that the faid archbishop was feifed of the
that William advowfon of the church of Saint Pancras Soper-lane, as of one
Juxon, then in grofs by itself, as of fee and right, in right of his arch-
archbishop, bishoprick; and being fo feifed thereof, the faid William, then
archbishop of Canterbury, on the 10th day of June, in the year
of our Lord 1662, in right of his archbishoprick, collated the
George Smallwood; that the fame archbishop was feifed of the advowfon of St. Pancras Soper lane,
fee in grofs, in like right, and 10th of June 1662, collated it on Samuel Dillingham;

Hutchinson,
who was ad-
mitted, &c.

Canterbury

right of his

rick; and

on the 16th
October
1662, col-
Jated it on

in

churches were

ftatute of 22

Bow, St.

Allhallows

Honey-lane,

Church

faid last mentioned church, then being vacant, on one Samuel Dillingham his Clerk, and did place and induct him into the corporeal poffeffion thereof; and the faid wardens and commonalty, and the faid archbishop being fo refpectively feifed of the advowfons, of the faid churches as aforefaid; and the faid that the three churches being refpectively fo full as aforefaid, as well the faid deftroyed by church called Allhallows Honey-lane, as the faid churches called fire. Saint Mary le Bow, and Saint Pancras Soper-lane, were burnt down and destroyed by fire; and thereupon by a certain act of parliament, made in the parliament of our fovereign lord Charles the fecond, late King of England, at IVeftminster, in the twenty- And therefecond year of his reign, intituled an additional act for rebuild- upon, by a ing of the city of London, uniting of parifhes and rebuilding of the Car. 2. it was cathedral and parochial churches within the faid city; it was, enacted, that amongst other things, enacted, that the parishes of Saint Mary le the parishes of Bow, Saint Pancras Soper-lane, and Allhallows Honey-lane, fhould St. Mary le be united into one parish, and the church theretofore belonging to Pancras Sothe faid parifh of Saint Mary le Bow, fhould be the parish church per lane, and of the faid parifhes fo united; and it was by the fame act provided, Honeythat notwithstanding fuch union as aforefaid, each and every of thould be, the parifhes fo united, as to all rates, taxes, parochial rights, united; and charges and duties, and all other privileges, liberties and re- that Bow fpects whatsoever, other than what were therein before men- fhould be the tioned and fpecified, fhould continue and remain diftinct, and as parish church theretofore they were before the making of that act; and that of the three the feveral and refpective patrons of the faid churches fo united, That the refhould and might prefent by turns to that church only, which by fpective pathat act was appointed, to be rebuilded and eftablished for the pa- faid churches rifh church of the parifhes fo united as aforefaid; the first pre- fo united, fentation to be made by the patron of fuch of the faid churches, fhould and the endowments whereof were of the greateft yearly value, as might prefent by the faid act of parliament more fully appears; by virtue of that church which faid act of parliament, the faid Archbishop of Canterbury only; in right of his faid archbishoprick, and the faid wardens and first prefencommonalty, became feifed of the faid advowfon of the faid made by church of Saint Mary le Bow, with the churches of Saint Pan- patron of fuch cras Soper lane, and Allhallows Honey-lane, as of one in grofs by of the faid itfelf, as of fee and right, and were intitled to prefent to the endowments faid church of Saint Mary le Bow in turns as aforefaid, when the whereof were faid church fhould become vacant; and the wardens and com- of the greatest monalty further fay, that after the making of the said act of parliament, the faid church of Saint Mary le Bow became vacant, whereof the by the death of the faid George Smallwood the laft incumbent of archbishop that church, by reafon whereof William Sancroft, then arch- and plaintiff's bishop of Canterbury, on the 23d day of September in the year of of the advow

parishes.

trons of the

by turns to

tation to be

churches, the

value.

By virtue

became feifed

fon of Bo

Church, and the other two in fee, as of one in grofs, and intitled to prefent to Bow Church as aforefaid. That after the ftatute, the church of Bow became vacant by the death of George Smallwood, and archbishop Sancroft, on the 23d of Sept. 1679, collated Timothy Puller.

[blocks in formation]

That the church became vacant

Tillotson, on

1693, as in his fecond

tura collated

afterwards

came vacant;

Geo. 1. by his prerogative on the

our Lord 1679, as in his firft turn in right of his archbishoprick, collated the faid church fo being vacant, on one Timothy Puller, his clerk, and did then and there place and induct the faid Timothy Puller into the corporeal poffeffion of the said church in the time of peace, in the time of our late lord King Charles the fecond: and the faid wardens and commonalty further fay, that the said church afterwards became vacant by the death of the by the death faid Timothy Puller, whereupon John Tillotson, then Archbishop of Puller; and of Canterbury, on the 21ft day of November, in the year of our Archbishop Lord 1693, as in his second turn in right of his faid archbishoprick, the 21ft Nov. Collated the faid church, fo being vacant, on one Samuel Bradford, his clerk, and did then and there place and induct the faid Samuel Bradford into the corporeal poffeffion of the faid church, in Samuel Brad- the time of peace, in the time of our late fovereigns King William ford, who was and Queen Mary; and the faid Samuel Bradford fo being in the faid created bishop church as aforefaid, he the faid Samuel Bradford was afterwards of Rochester, rightfully and canonically created and confecrated bishop of the and the church bifhoprick of Rochester: and the faid church became vacant by thereby bethe promotion of the faid Samuel Bradford to the faid bishoprick whereby King of Rochester, whereby his faid late majefty King George the first, by reafon of his royal prerogative annexed to his crown of Great Britain, became intitled to prefent a fit perfon to the church aforefaid, fo vacant; and thereupon his faid majefty, by reafon of his royal prerogative aforefaid, on the 10th day of July, in the year of our Lord 1720, prefented one Samuel Life, doctor in divinity, his clerk, to the faid church of Mary le Bow, church with with the churches of Saint Pancras Soper-lane, and Allhallows the other two Honey-lane, who, on the presentation of his faid late majefly King George the firft, was admitted, inftituted and inducted therein, admitted, &c. in the time of peace, in the reign of his faid late majefty; and and who was the faid Samuel Lifle being fo clerk of the faid church, he the faid Samuel Lifle was afterwards rightfully and canonically created and confecrated bifhop of the bishoprick of Saint Afaph, and Afaph. the faid church became vacant by the promotion of the faid Whereupon Samuel Lifle to the faid bishoprick; whereupon our late foveby his prero reign lord King George the fecond, by virtue of his royal prerogative annexed to his crown of Great Britain, became intitled to prefent a fit perfon to the church aforefaid, fo vacant; whereupon fented Doctor our faid late king, by reafon of his royal prerogative aforefaid, on the 16th day of April in the year of our Lord 1744, prefented one Thomas Newton, doctor in divinity, his clerk, to the faid church of who was ad. Saint Mary le Bow, with the churches of Saint Pancras Soper-lane, and Allhallows Honey-lane, who, on the prefentation of his faid late Majefly, was admitted, inftituted and inducted therein in the time of peace, in the time of our faid late King; and afterwards the faid church became vacant, by the free refignation of

roth of July 1720, pre

fented doctor

Samuel Lifle to Bow

churches,

who was

afterwards

created bishop

of Saint

King Geo. 2.

gative, on 16th April 1744, pre

Thomas

Newton in

like manner,

mitted, &c.

That after. wards the church be

come vacant by the free refignation of Doctor Newton, and is yet void; by reafon whereof it belongs to the plaintiff's in their turn, being the third, to prefent a fit perfon, but the defendants hinder them.

the

the faid Thomas Newton, and yet is void, by reafon whereof it belongs to the faid wardens and commonalty in their turn, being the third turn, to present a fit perfon to the faid church so void; yet the faid archbishop and William unjustly hinder them from prefenting a fit perfon to the faid church; whereupon the faid wardens and commonalty fay that they are injured and have sustained damage to the value of 200l. and therefore they bring fuit, &c.

[ocr errors]

fendant Back

And the faid archbishop and William Backhoufe, by John Ver. The archnon their attorney, come and defend the wrong and injury when, bishop demurs generally. &c. and the faid archbishop faith, that the faid wardens and commonalty ought not to have their faid action against him; because he fays, that the declaration aforefaid, and the matters therein contained, are infufficient in law to enable the faid wardens and commonalty to have or maintain their faid action; to which faid declaration, in manner and form as the fame is above made, he the faid archbishop is under no neceffity, nor is he in any manner bound by the law of the land to anfwer; and this he is ready to verify: wherefore, for want of a fufficient declaration in this behalf, the faid archbishop prays judgment, and that the faid wardens and commonalty may be barred from having their faid action against him. And the faid William Backhoufe fays, that he The other de is parfon of the faid church, imparfoned in the fame on the pre- houfe pleads, fentation of the faid archbishop, and that the faid wardens and that he is parcommonalty ought not to have or maintain their faid action against fon of the faid him; because he fays, that true it is, that the faid wardens and church, on the commonalty were feifed of the advowfon of the church of All- of the archhallows Honey-lane, and prefented thereto the faid Thomas Hut- bishop, that chinfon, as in the faid declaration mentioned; and that the then the plaintiffs archbishop of Canterbury was feifed of the advowfon of the church have their of Saint Mary le Bow, and collated the fame church on the faid action. George Smallwood, as in the faid declaration mentioned; and alfo He admits that the fame archbishop was feifed of the advowfon of the church feifed of Allof Saint Pancras Soper-lane, and collated the fame church on hallows Hothe faid Samuel Dillingham, as in the faid declaration mentioned; ney-lane, and and that the faid three churches were deftroyed by fire; and that prefented by the faid act of parliament it was enacted in fuch manner and that the archform as in the faid declaration is alledged; and that thereupon bishop was the faid archbishop, and the faid wardens and commonalty, be- church came feifed of the faid advowfon of the faid church of Saint collated Mary le Bow, with the churches of Saint Pancras Soper-lane, Smallwood; and Allhallows Honey-lane, and were intitled to prefent thereto that t in fuch manner and form as in the faid declaration men- feifed of St.

prefentation

ought not to

plaintiff's were

Hutchinson;

feifed of Bow church, and

that the arch

bishop was

Pancras Soper-lane, and collated Dillingham; that the three churches were burnt; and that by fta.ute it was enacted as in the declaration; and that thereupon the archbishop and plaintiff's became feifed and infitled to prefent, as in the declaration; and that Bow church became vacant by the death of Smalltioned;

wood, as in the declara

further fays, that Bow church was of greater value than ei

ther of the other two churches;

and that the church of Allhallows

Honey-lane

value than

St. Pancras

Soper-lane; Bow church 331. 125. 3d. halfpenny, Althallows

that is to fay,

191. 35. 9d.

St. Pancras 131. 6s. 8d. and no more per annum

tioned; and that the faid church of Saint Mary le Bow became vacant by the death of the faid George Smallwood, as in the faid tion. But he declaration is alledged: but the faid William Backhoufe further fays, that at the time of making the faid act of parliament, the endowment of the faid church of Saint Mary le Bow was of greater yearly value than the endowment of the faid church of Allhallows Honey-lane, or of the faid church of Saint Pancras Soper-lane; and that the endowments of the faid church of Allhallows Honey-lane then was of greater yearly value than the faid church of Saint Pancras Soper-lane; (that is to fay) the endow ment of the faid church of Saint Mary le Bow then was of the Was of greater yearly value of 33l. 125. 3d. halfpenny, the endowment of the faid church of Allhallows Honey-lane then was of the yearly value of 19l. 35. 9d. and no more; and the endowment of the faid church of Saint Pancras Soper-lane then was of the yearly value of 13. 6s. 8d. and no more; (to wit) at London aforefaid, in the parifh of Saint Mary le Bow, in the ward of Cheap; by reason whereof, and according to the form and effect of the faid act of parliament, the faid archbishop of Canterbury for the time being became and was intitled to prefent to the faid church of Saint Mary le Bow in the firft turn, the faid wardens and commonalty in the fecond turn, and the archbishop of Canterbury for the time being refpectively. in the third turn, when and as the fame church fhould become By reafon vacant and the faid William Backhoufe further fays, that true-it whereof the archbishop for is, that the faid William Sancroft, then archbishop of Canterbury, on the faid vacancy by the death of the faid George Smallwood, did in his turn, being the first turn, in right of his faid archbishoprick, collate the faid church, fo being vacant, on the faid Timothy Puller his clerk, and did place and induct him into the corporeal poffeffion of the fame, as in the faid declaration is above al ledged; and that the fame church afterwards again became vacant by the death of the faid Timothy Puller; but the faid William Backhoufe fays, that thereupon, and according to the form and the third turn. effect of the faid act of parliament, it belonged to the faid warThat true it dens and commonalty to prefent to the fame church fo being vais, that arch- cant in their turn, being the fecond turn, and the fame vacancy bishop Sancroft, on the then and there being the fecond vacancy of the fame church after death of the making of the faid act of parliament; but that the faid John Tillotson, then archbishop, having no lawful title to collate the fame church in that turn, but ufurping upon the faid wardens Puller; and and commonalty, did collate the fame church, fo being vacant, on the faid Samuel Bradford, and did then and there place and induct him into the corporeal poffeffion of the fame church, in

the time be

ing, became,

intitled to prefent to Bow church

in the first turn, the

plaintiffs in

the fecond

turn, and the archbishop in

Smallwood, did in his first

turn collate

that the

church became vacant

by the death

of Puller; but that thereupon, according to the faid ftatute, it belonged to plaintiffs to prefent in their fecond turn; but that Archbishop Tillotfon collated Bradford, by ufurpation.

the

« ForrigeFortsett »