Serjeant Walker-The court of King's Bench would have granted a mandamus to oblige the Quarter Sellions to take juris diction of, and finally determine the matter. Blackstone Juftice-The Quarter Seffions have no jurifdiction to give the plaintiff fatisfaction in damages; they have only power (by the act) to give cofts; thall the party injured [as the prefent plaintiff has been] be precluded from bringing her action in this court, and laying her cafe before a jury, to have fatis faction in damages? I am of opinion fhe fhall not be precluded. Serjeant Davy was ready to have argued for the plaintiff, but the court told him they were of opinion that judgment muft be given for the plaintiff, and therefore he had no occafion to give himself any trouble. Gould Juftice-I am very clearly of opinion that this action well lies against the defendant; that the action was commenced in due time, and that the capias ad refpondendum was very properly read in evidence to prove the time of the commencement of the fuit. Every man of common fenfe muft understand that this act of parliament ought to be carried into execution without doing fuch enormous injury to individuals, as hath been manifeftly done to the plaintiff in this cafe; wherever a truft is put in commiffioners by act of parliament, if they mifdemean themfelves in that truft they are anfwerable criminally in the King's Bench; if they aggrieve and damnify the fubject, as they have done in the prefent cafe, they are anfwerable in this court civilitèr in damages to the party injured; there are no negative words in the ftatute to exclude the courts at Westminster from having jurifdiction in this cafe, on the contrary the act of parliament recognizes their jurifdi&tion, where it limits the time for commencing actions againft perfons for any thing done in pursuance of the act. Befides, the Quarter Seffions have no power or jurifdiction to give any fatisfaction in damages, for that it would be very grievous to the fubjects indeed, if the courts at Westminster were not open for them to obtain juftice by the verdict of a jury in such a case as this. Blackfione Juftice-I am of the fame opinion; the Quarter Seffions have no power to make the injured party fatisfaction in damages; the commiffioners are authorized to pave, repair, fink and alter the ftreets; this ftreet called Old Gravel-lane, where the plaintiff's houfes ftand, was ordered to be paved, &c. under the optional claufe, as it is called [in the act, fel. 590.] upon HH 2 petition petition (of two thirds of the householders and landlords of the houfes there) to the commiffioners, who have power by that claufe in the act to rate and affefs the inhabitants of fuch street one fhilling and fixpence in the pound; is it confiftent with common fenfe that the plaintiff muft pay 15. 6d. in the pound to have her houses buried, and the lights and free paffage of her houfes obftructed and hindered? I think the commiffioners have acted arbitrarily and tyrannically, and that the damages are too fmall. Mr. Juftice Nares was of the fame opinion, and fpoke to the like effect, and judginent was given for the plaintiff. HILARY TERM 14 GEO. III. 1774. The Provoft of Eton-College and the fame College verfus The Bishop of Winchester and Fountain, Clerk. C. B. Surry OHN Bishop of Winchefter, and Thomas Fountain clerk have been fummoned to anfwer unto Edward Barnard doctor in divinity, Proveft of the collegeroyal of the Bleiled Mary of Eton near Windfor in the county of Buckingham and the fame college, that they permit the faid provost and the fame college to prefent a fit perfon to the church of Worplefdon which is void and in the gift of the fame provost and the fame college, &c. And thereupon the faid provoft and college by John Edmonds their attorney complain, for that the provaft of the faid college-royal of the Bleiled Mary of Eton near Windfor in the county of Buckingham and the fame college were feifed in grofs as of fee and right, in right of the faid 6 college feifed, and college of and in the advowfon of the church of Worplesdon That the aforefaid, and being fo thereof feifed, the faid church hereto- plaintiff was fore, (to wit) on the 8th day of October in the year of our Lord prefented to 1765, at Worplesdon aforefaid, in the county of Surry aforefaid, the church became vacant by the death of one Stephen Sleech the then in- being vacant in 1765, cumbent thereof, and thereupon it then and there belonged to the provost of the faid college for the time then being, and to the faid college in right of the fame college, to prefent a fit perfon to the faid church fo being vacant as, aforefaid, whereupon the faid Edward Barnard then provost of the faid college, and the fame college in right of the fame college, then and there prefented to the faid church, fo being vacant as aforefaid, one John Burton doctor in divinity their clerk, who, upon the faid prefenta- one John tion of the faid then provost and college, was admitted, inftituted Burton doctor in divinity, and inducted into the fame in the time of our Sovereign Lord who was adthe now King; and the provoft of the faid college, and the fame mitted, &c. college in right of the faid college, being fo feifed of and in the faid advowfon as aforefaid in form aforefaid, the faid church afterwards, to wit) on the 13th day of February in the year of That on 13th our Lord 1771, at Worplefdon aforefaid, became void by the Feb. 1771, death of the faid John Burton the then laft incumbent thereof, became void and ftill is vacant, and for that reason it then and there be- by the death longed, and now ftill doth belong, to the faid now provest and of Dr. Burton, college in right of the faid college to prefent a fit perfon vacant, and it to the faid church fo being void as aforefaid; and the faid Bishop now belongs and Thomas Fountain hinder them, and will not permit them fo to plaintiff to to do; wherefore they fay that they are injured and have fuf- prefent, but tained damage to the value of two hundred pounds, and there- hinder, &c. fore they bring their fuit, &c, the church and is fti!! defendants claims no And the faid John bishop of Winchester and Thomas Fountain The bishop clerk, by Thomas Francis their attorney, come and defend the pleads that he force and injury, when, &c. and the faid bishop fays that the right, but as faid church of Worple/don is within the diocefe of Winchefter, ordinary. and that he neither has nor claims any thing in the faid church but the admiffion, inftitution and induction of parfons to the fame church, and what other rights belong to an ordinary of the fame church; and this he is ready to verify: wherefore he prays judgment whether the faid pravoft and college, without affigning a fpecial disturbance in him the faid bifhop in this behalf, ought to have their action thereof against him, &c. And the The incumbent pleads faid Thomas Fountain fays, that the faid provost and college ought that he is parnot to have their action thereof against him, becaufe he fays, he fon imparsonce the faid Thomas Fountain is, and on the day of fuing out the faid on the prefenoriginal writ of the faid provoft and college was, parfon impar- prefent King, fonee of the faid church, upon the prefentation of the Lord whofe tile is tation of the deduced from King Charles the 2d, who was feised in fee, and prefented Cha. Moore. HH 3 King James the ad feifed. crown. King William the third and Queen Mary feited. The Queen died, and George the third the now King; and the faid Thomas Fountain further fays, that the Lord Charles the fecond, late King of England, was feifed of the advowson of the church aforefaid as of one in grofs as of fee and right, in right of his crown of England; and, being fo feifed thereof, prefented to the faid church, being vacant, one Charles Moore his clerk, who, upon the prefentation of the faid late King, was admitted, inftituted and inducted into the fame in the time of peace, in the reign of his said late Majefty King Charles the fecond; and his faid late Majefty King Charles the fecond, being fo feifed of the faid advowfon, afterwards at Worplesdon aforefaid died;, upon whofe death the faid advowfon defcended to James the fecond late King of England, as brother and heir of the faid late King Charles the fecond, who, by reafon thereof, became feised of the faid advowfon as of one in grofs, as of fee and right, in right of his crown of England; and being fo feifed thereof, the faid late King James the fecond Abdicated the abdicated the government and crown of England; and thereupon afterwards the Lord William and the Lady Mary lawfully, rightfully and in due manner became and were King and Qucen of England, &c. by reafon whereof the faid King William and Queen Mary were feifed of the faid advowfon as of one in grofs by itself as of fee and right, in right of their crown of England; and the faid King and Queen being fo feifed thereof, the faid Queen afterwards, at Worplesdon aforefaid, died without heir of her body, after whofe death the faid late King William was feifed of the said advowfon as of one in grofs by ufelf as of fee and right, in right of his crown of England; and being fo feifed thereof afterwards at Worplesdon aforefaid died; after whofe death the Lady Ann, lawfully and rightfully, and in due manner and right, became and was Queen of England, and was feifed of the faid advowfon of the faid church as of one in grofs by itfelf as of fee and right, in right of her crown of England; and being fo feifed afterwards at Worplesdon aforefaid died without heirs of her body; after whofe death the late King George the firft, lawfully, rightfully, and in due manner, and of right became and was King of Great Britain, &c. and was feifed of the faid advowson as of one in grofs by itself as of fee and right, in King George right of his crown of Great Britain; and the faid late King the Ift feiled, George the first being fo feifed of the faid advowfon, the faid church became void by the death of the faid Charles Moore, and being fo void, it belonged to him the faid late King George the first to prefent a fit perfon to the faid church fo void, and one Henry Godolphin proveft of the faid college, and the faid college, ufurping upon the faid late King George the first, prefented to the faid church fo void Thomas Carter clerk, who, upon the fented Tho- prefentation of the faid Henry Godolphin provoft of the faid college, and of the faid college, was admitted, inftituted and inducted into King William 3d feifed. Queen Ann 1elled. and, on the death of Charles Moore, the provost of Eton by ufurpation upon the Crown pre Das Carter. the and upon the of Eton by Harris. church was vacant by the Harris and Benjamin the fame; and the faid King George the first, being fo feifed of the faid advowfon, afterwards at Worplesdon aforefaid died, upon whofe death the Lord George the fecond, as only fon and heir of the faid late King George the first, lawfully, rightfully, and in due manner became King of Great Britain, &c. and King George became feifed of the faid advowfon as of one in grofs by itself, 2d feifed, as of fee and right, in right of his crown of Great Britain; and death of the faid late Lord King George the fecond being fo feifed of the Thomas Car faid advowfon, the faid church became void by the death of the ter the provoft faid Thomas Carter, and being fo void it belonged to him the ufurpation faid late King George the fecond to prefent a fit perfon to the faid prefented church fo void, and one Henry Bland provoft of the faid college, George and the fame college, ufurping upon the faid late King George the fecond, prefented to the faid church, fo void, George Harris clerk, who, upon the prefentation of the faid Henry Bland provoft of the faid college, and of the faid college, was admitted, inftituted and inducted into the fame; and the faid late Lord George the fecond being fo feifed of the faid advowfon, the faid church became void by the death of the faid George Harris, That the whereby it belonged to the faid late King George the fecond to prefent a fit perfon to the faid church fo void, and Benjamin Bishop of Winchester, ufurping upon the faid Lord George the fe- George cond, collated to the faid church Stephen Sleech, who thereupon was inducted into the fame; and the faid late King George the fecond, being fo feifed of the faid advowfon of the faid church, Winchester afterwards at Worplesdon aforefaid died; upon whofe death the collated Lord George the third the now King, as grandfon and heir of the Sleech by faid late King George the fecond, lawfully, rightfully, and in due ufurpation. manner became King of Great Britain, &c. and became feifed King George of the faid advowfon as of one in grofs by itself as of fee and 3d feifed, and right, in right of his crown of Great Britain, and yet is feifed being vacant thereof; and being fo feifed thereof, the faid church became by the death void by the death of the faid Stephen Sleech, whereby it belonged plaintiffs preto the faid Lord the now King to prefent a fit perfon to the fented John faid church fo void, and Edward Barnard provost of the faid Burton by college, and the faid college, ufurping upon the faid Lord the ufurpation. now King, prefented to the faid church, fo void, John Burton clerk, who, upon the prefentation of the faid Edward Barnard provost of the faid college, and of the faid college, was admitted, inftituted and inducted into the fame; and the faid Lord the now King being fo feifed of the advowfon, the faid church became void by the death of the faid John Burton, whereby it That the belonged to our faid Lord the now King to prefent a fit perfon church being to the faid church fo being void; and the faid Lord the now death of BurKing prefented the faid Thomas Fountain clerk to the faid church ton, the now fo being void, who, upon the faid prefentation of the faid King prefentLord the now King, was admitted, inftituted and inducted into dant Foun HH 4 bishop of Stephen the church of Sleech, the vacant by the ed the defen the tain. |