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the faid

chefter.

Doctor Lifle,

the time of peace, in the time of our faid late Sovereigns King William and Queen Mary; and the faid Samuel Bradford fo being That Brad in the said church as aforefaid, he the faid Samuel Bradford was ford being in afterwards rightfully and canonically created and confecrated church, was bishop of the bishoprick of Rochester; and the faid church be- created bicame vacant by the promotion of the faid Samuel Bradford to hop of Rothe faid bishoprick of Rochester, whereby his faid late majefty King George the Firft, by reafon of his royal prerogative, annexed to the crown of Great Britain, became intitled to prefent a fit perfon to the fame church fo vacant; and thereupon his faid And King majelty, by reafon of his royal prerogative aforefaid, on the faid George ift. 10th of July 10th day of July, in the faid year of our Lord 1720, prefented 1720, by his one Samuel Lifle, doctor in divinity, his clerk, to the faid church prerogative, of Saint Mary le Bow, with the churches of Saint Pancras prefented Soper-lane, and Allhallows Honey-lane; who, on the prefentation who was ad of his faid late majefty King George the Firft, was admitted, in- mitted, &c. ftituted and inducted therein, in the time of peace, in the reign And Doctor of his late majesty; and the faid Samuel Lifle, being fo clerk of the fo clerk of the Lifle, being faid church, he the faid Samuel Life was afterwards rightfully and faid church, canonically created and confecrated bishop of the bishoprick of was created Saint Afaph; and the faid church became vacant by the promo- Afaph. bishop of St. tion of the faid Samuel Lifle to the faid bifhoprick, whereupon And King our late fovereign lord King George the Second, by virtue of his George 2d. royal prerogative annexed to his crown of Great Britain, became by his prerointitled to prefent a fit perfon to the faid church fo vacant; of April whereupon our faid late King, by reason of his royal prerogative 1744, preaforefaid, on the 16th day of April, in the year of our Lord 1744, prefented one Thomas Newton, doctor in divinity, his clerk, to the was admitted, faid church of Saint Mary le Bow, with the churches of Saint &c. Pancras Soper-lane, and Allhallows Honey-lane; who, on the prefentation of his faid late majefty, was admitted, inftituted and inducted therein, in the time of peace, in the time of our faid late lord the King; and afterwards the fame church became and aftervacant by the free refignation of the faid Thomas Newton, by wards the reason whereof it then belonged to the faid prefent archbishop in came vacant his turn, being the third turn, to collate the fame church on a by the refig= fit perfon; and that thereupon the faid prefent archbishop col- nation of lated the fame church, fo being vacant, on him the faid William ton; by reaBackhoufe, his clerk, and did then and there place and induct him fon whereof into the corporeal poffeffion of the fame church, in the time of it belonged to peace, in the time of our lord the now King, before the iffuing the prefent of the faid writ of the faid wardens and commonalty; and the prefent in his faid William, by reafon thereof, from thenceforth hitherto third turn, hath been, and fill is, parfon of the fame church imparfoned in and that

gative 16th

fented Doctor

Newton, who

church be

Doctor New

archbishop to

thereupon he collated the

defendant Backoufe, before the iffuing of the writ of the plaintiffs; by reafon whereof Backhouse is still parfon imparfoned of the church; and this, &c. wherefore, &c,

Plaintiffs join in demurrer

with the archbishop, and pray

the fame on the collation of the faid archbishop; and this the
faid William Backhoufe is ready to verify: wherefore he prays
judgment if the faid wardens and commonalty ought to have their
aforefaid action against him, &c.
W. Jephfon.

And the faid wardens and commonalty fay, that the faid declaration, and the matters therein contained, are fufficient in law for them, the faid wardens and commonalty, to have and maintain their aforefaid action against the faid archbishop: which judgment and faid matters the faid wardens and commonalty are ready to verify; and fince the faid archbishop hath not given any answer thereto, the faid wardens and commonalty pray judgment, and a writ to the faid archbishop, for that the faid archbishop is named in the original writ of the faid wardens and commonalty.

a writ to the

archbishop.

The plain

plea of Back

houfe, fay, they ought

not to be barred; because protesting, that Allhallows

was not, at the time of

And as to the faid plea of the faid William Backhoufe, by him tiffs, as to the above pleaded, the faid wardens and commonalty fay, that they, by reafon of any thing in that plea alledged, ought not to be precluded from having their aforefaid action against the faid Wil ham, because protesting that the endowment of the faid church of Allhallows Honey-lane, was not, at the time of making of the faid act of parliament, of greater value than the faid church of Saint Pancras Soper-lane; protefting alfo, that the faid John Honey-lane, Tillotson, archbishop of Canterbury, in the faid plea mentioned, did not ufurp upon the faid wardens and commonalty, in manner making faid and form as the faid William Backhoufe hath above in that plea ftatute, of greater value alledged; for a replication in this behalf, the faid wardens and than St. Pan- commonalty fay, that the faid church became vacant by the free cras; proteft refignation of the faid Thomas Newton, and yet is void; by reaing alio, that fon whereof it belongs to the faid wardens and commonalty in Archbishop Tillotson did their turn, being the third turn, to present a fit person to the faid church fo void; yet the faid archbishop and William unjustly hinder them from prefenting a fit perfon to the faid plaintiffs. For replicati- Church, as the faid wardens and commonalty have above in their on, the plain- faid declaration alledged; without this, that it belonged to the tiffs fay, that faid wardens and commonally to prefent to the faid church at the became va- fecond turn, when the fame became vacant by the death of the cant by the faid Timothy Puller, in manner and form as the faid William refignation of Backhoufe hath above in that plea alledged; and this they are ready to verify: wherefore they pray judgment and a writ to the faid archbishop, together with their damages by reafon of the faid impediment, to be adjudged to them, &c.

not ufurp upon the

the church

Doctor New

ton, and it

belongs to

plaintiff's to prefent in their third

turn, yet the

J. Burland. archbishop and defendant hinder them. Without this, that it belonged to plaintiff's to prefent at the fecond turn when the church became vacant by the death of Puller, as Backhouse has alledged in

his plea.

And

house demura

And the faid William Backhoufe faith, that the faid plea of the The defenfaid wardens and commonally, by them above in reply pleaded dant Backto the faid plea of the faid William Backhoufe, and the matters to the replitherein contained, are not fufficient in law for the faid wardens cation; and commonalty to have or maintain their faid action against him; to which faid replication, in the manner and form as the fame is above made, he the faid William Backhoufe 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 replication in this behalf, the faid William Backhoufe prays judgment, and that the faid wardens and commonalty may be barred from having and maintaining their faid action. against him, &c. And for caufes of this demurrer in law, the and fhews for faid Wilham Backhoufe, according to the form of the flatute in fpecial cause, such case made and provided, fhews to the court here these tiffs have not caufes following; (to wit) for that the faid wardens and com- traverfed any monally have not traverfed, or attempted to put in illue any matter of fac matter of fact alledged by the faid William Backhoufe in his faid alleged in the plea; but plea; but have traverfed, and attempted to put in iffue a matter have traverfed of law, to be tried by a jury; and for that the faid replication matter of law. is in other respects infufficient and informal, &c. W. Jephfon.

that the plain

And the faid wardens and commonalty fay, that the faid plea Joinder in by them above in reply pleaded to the faid plea of the faid Wil- demurrer. liam Backhoufe, and the matters therein contained, are sufficient in law for them the faid wardens and commonalty to have and maintain their faid action against him; which faid matters the faid wardens and commonalty are ready to verify: and fince the faid William Backhoufe hath not given any anfwer thereto, the faid wardens and commonalty, as before, pray judgment and a writ to the faid archbishop, together with their damages, to be adjudged to them, &c.

J. Burland.

The Warden and Commonalty of the Mystery of [See ante pa
Grocers, of the City of London, verfus the Arch- 214]
bishop of Canterbury, and William Backhouse,
Clerk. In quare impedit. C. B.

in common,

THIS cafe was twice well argued at the bar; the first time, [Where an by Serjeant Jephfon for the defendants, and Serjeant advowfon is Leigh for the plaintiffs, in Hilary term laft; the fecond time, fo that the by Serjeant Forster for the defendants, and Serjeant Burland for patrons are to the plaintiffs, in Eafter term laft.

prefent by

Το

turns, a pre

fentation of the Crown doth not pafs for the turn of the otherwife rightful patron. Troward, 2 H. Black, Rep. 324: 6 Term Rep. 439; 778.]

rogative preSee Caillaud v.

The title of

fet forth in the

declaration,

To fhew the plaintiffs title to prefent a fit perfon to the church the plaintiffs of Saint Mary le Bow, as in their third turn; the declaration alledges, that they were ferfed of the advowfon of the church hortly stated, of Allhallows Honey-lane, and in the year 1663 prefented Thomas Hutchinfon, who was thereunto admitted, &c. That the Archbishop of Canterbury was feifed of the advowson of the church of Saint Mary le Bow, in right of his archbishoprick, and that Archbishop Fuxon, in the year 1662, collated the fame on George Smallwood; and that the fame archbishop was feifed of the advowson of the church of Saint Pancras Soper-lane, in right of his archbishoprick, and in the year 1662 collated the fame on Samuel Dillingham. And the plaintiffs and the archbishop being fo respectively feifed of the advowfons of those churches, and the fame being fo refpectively full as aforefaid, were all burnt down and deftroyed by fire; and thereupon by an act of parliament made in the twenty-fecond year of King Charles the fecond, intituled an additional act for rebuilding of the city of London, uniting of parishes, and rebuilding of the cathedral and parochial churches within the faid city, it was (among other things) enacted, that the parishes of Saint Mary le Bow, Saint Pancras Soper-lane, and Allhallows Honey-lane, fhould be united into one parish, and the church theretofore belonging to the parish of Saint Mary le Bow, fhould be the parish church of the parishes fo united; and it was thereby provided, that, notwithstanding fuch union, each of the parishes fo united, as to all rates, parochial rights, charges and duties, and all other privileges, li berties and refpects whatsoever, other than what were therein. before mentioned and fpecified, fhould continue and remain diftinct, and as theretofore they were before the making of that act; and that the feveral and refpective patrons of the churches fo united, fhould and might prefent by turns to that church only, which by that act was appointed to be rebuilded and established, for the parish church of the parishes fo united; the first prefentation to be made by the patron of fuch of the faid churches, the endowments whereof were of the greaeeft yearly value. By virtue of which act, the archbishop of Canterbury, in right of his archbishoprick, and the faid wardens and commonally, became feifed of the advowfon of the church of Saint Mary le Bow, with the churches of Saint Pancras Soper-lane, and Allhallows Honey-lane, as of one in grofs by itself, as of fee and right, and were intitled to prefent to the church of Saint Mary le Bow, in turns as aforefaid. And the plaintiffs further fay, that after the making of the faid aft, the church of Saint Mary le Bow be came vacant, by the death of the faid George Smallwood, by reason whereof archbishop Sancroft, on the 23d of September 1679, as in his first turn, in right of his archbishoprick, collated the faid

church

church on one Timothy Puller. And the plaintiffs further fay, that the faid church became vacant by the death of Timothy Puller, whereupon archbishop Tillotson on the 21ft of November 1693, as in his fecond turn, in right of his archbishoprick, collated the church on one Samuel Bradford, who being in poffeffion thereof, was created bishop of Rochester, whereby King George the Firft, by his prerogative on the 10th of July 1720, prefented one Doctor Samuel Life to Bow church, with the other two churches, who was admitted; and the faid Samuel Lifle, being fo clerk of the faid church was created bifhop of Saint Afaph, whereupon King George the fecond, by his prerogative, on the 16th of April 1744, prefented one Doctor Thomas Newton in like manner, who was admitted, &c. that afterwards the church became vacant by the free refignation of Doctor Newton, and is vet void; by reafon whereof it belongs to the plaintiffs in their turn, being the third turn, to prefent a fit perfon to the faid church, yet the defendants hinder them from prefenting a fit perfon to the faid church.

The archbishop demurs upon the declaration generally, and Archbishop the plaintiffs join in demurrer.

demurs.

fendent Back

The other defendant, William Backhoufe, pleads in bar, and The plea of fays, that he is parfon of the faid church, imparfoned on the the other de prefentation of the archbishop; he admits that the plaintiffs houfe ftated were feifed of Allhallows Honey-lane, and prefented Hutchinfon; thortly. that the archbishop was feifed of Bow church, and collated Smallwood; that the archbishop was feifed of Saint Pancras SoperLane, and collated Dillingham; and that the three churches were deftroyed by fire; and that by the faid act of parliament it was enacted in fuch manner and form as in the declaration is alledged; and that thereupon the archbishop and the faid wardens and commonalty became feifed of the advowfon of Bow church, with the other two churches, and were intitled to prefent thereto in fuch manner and form as in the declaration mentioned. But the faid William Backhoufe further fays, that at the time of making the faid act, the endowment of Bow-church was of greater yearly value than that of Allhallows Honey-lane, or of Saint Pancras Soper-lane; and that the endowment of Allhallows Honey-lane then was of greater yearly value than that of Saint Pancras Soperlane; (that is to fay) the endowment of Bow-church then was of the yearly value of 331..125. 3d. halfpenny; that ́ of Allhallows then was of the yearly value of 191. gs. gd. and no more; and that of Saint Pancras then was of the yearly value of 13. 6s. 8d. and no more; by reafon whereof, and according to the faid act of parliament, the archbishop for the time being became intitled to prefent to Bow-church in the firft turn, the

plaintiff's

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