the fame church in the time of peace in the time of the prefent King, and long before and at the time of fuing out the faid original writ of the faid provoft and college was and yet is parfon imparfonee of the faid church upon the prefentation aforefaid; who traverfes without this, that the faid provost of the faid college, and the the feifin of faid college, were feifed of the faid advowfon of the church of and college of Worplesdon aforefaid in manner and form as the faid provoft and college have above alleged; and this he is ready to verify: wherefore he prays judgment if the faid provoft and college ought to have their faid action against him, 3c.

the provoft

Eton.

Replication

the bishop.

Writ to the

be determined between the

plaintiff's and Fountain.

Thomas Walker.

And the faid provoft and college, as to the faid plea of the to the plea of faid bifhop above pleaded, for that the faid bishop claims nothing in the faid church nor the advowfon thereof but the admiffion, inftitution and induction of parfons to the fame church, and what other rights belong to an ordinary as ordinary of the fame church, prays judgment and a writ to the faid bifhop, &c. It is therefore confidered that the faid provoft and college rebishop to ftay cover against the faid bifhop their prefentation to the faid until the plea church, and have a writ to the fame bishop that notwithstanding the disclaimer of the faid bifhop he admit a fit perfon to the church aforefaid, at the presentation of the faid provoft and college, &c. but let execution thereof flay until the aforefaid plea between the faid provoft and college and the faid Thomas Fountain be determined, but no amerciament against the faid bishop because he excufeth himself of the impediment, &c. And as to the aforefaid plea of the faid Thomas Fountain by him above pleaded in bar, the faid provost and college fay, that they, by reafon of any thing in that plea alleged, ought not to be barred from having their aforefaid action against him, because they fay, as before, that the faid provost of the faid college and the fame college were feifed of the advowfon of the church of Worplesdon aforefaid in manner and form as the faid prove and college have in their faid declaration above alleged, and this they pray may be inquired of by the country. And the faid Thomas Fountain doth the like, &c. therefore the sheriff is commanded that he caufe to come here in eight days of the Venire facias purification of the Bleffed Mary, twelve, &c. by whom, &c. and who neither, &c. to recognize, &c. becaufe as well, &c. At which day the jury between the parties aforefaid was refpited between them here until this day, (to wit) from Eafler day in fifteen days then next following, unlefs the King's juftices afligned to take the affizes in the county aforefaid by form of the ftatute, &c. fhall come before on Wednesday the thirty-first day of March next, past, at Kingston upon Thames in the said county; and now here at this day come as well the faid provoft and the

The provoft

and college take iflue

upon the in

cumbent's traverse.

Incumbent

joins iffue.

awarded.

and presented

faid college as the faid Thomas Fountain by their attorney aforefaid, and the aforefaid juftices before whom, &c. have fent here their accord in these words, (to wit) Afterwards, that is to fay. The poftea. on the day and year and at the place within mentioned, came as well the faid provoft and the fame college by John Edmonds their attorney, as the faid Thomas Fountain by Thomas Francis his attorney, before Sir Richard Adams Knt. one of the barons of his Majefty's court of Exchequer at Westminster, and George Perrott Efq. one other of the barons of the fame court, juftices of our faid Lord the King affigned to hold the affizes for the within written county of Surry according to the form of the ftatute, &c. and the jurors of the jury, whereof mention is within made, being fummoned to be upon that jury, being demanded, come, (to wit) Sir Timothy Waldo Knt. Mofes Waite, John Levy, Richard Carpenter Smith, Herbert Thomas, Daniel Ponton, Samuel Giliam, Nicholas Leach, John Rogers, Samuel Plumbe, Jofeph Hifcox, and Thomas Hurft Efqrs. and are fworn upon that jury, and being chofen, tried and fworn to speak the truth of the matters within contained, on their oath fay, that long before the difturbance Special verabove complained of, that is to fay, on the 7th day of May in diet. the year of our Lord 1683, the Lord Charles the fecond late King That in of England was feifed of the advowfon of the church aforefaid as 1683, Cha. 2. in grofs as of fee and right, in right of his crown of England, was feited, and being fo feifed thereof, prefented to the faid church, being one Charles yacant, one Charles Moor his clerk, and that the faid Charles Moor. Moor 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 faid late Majefty King Charles the fecond; and That the the jurors upon their oath further fay, that the Kings and Kings and Queens of England continued feifed of the advowfon of the Queens of church of Worplesdon in grofs as of fee and right in right of the feifed of the crown of England, until the time of making the act of parlia- advowfon in ment herein-after-mentioned; and the jurors upon their oath fee until the aforefaid further fay, that long before the time of the difturbance act of parlia within complained of, and before the making of the act of par- ment followliament herein-after-mentioned, (to wit) on the 30th day of ing. January in the third year of the reign of Lord James the fecond That before late King of England, &c. and in the year of our Lord 1687, by the faid act, a certain indenture tripartite then made, and which faid in- viz, 30th Jan. denture was fhewn and produced in evidence to the juftices and denture of jurors aforefaid, between his Grace the most Noble Charles then that date, Duke of Somerfet Earl of Hertford, Viscount Beauchamp Dehatch, Baron Seymour of Trowbridge, and Knt. of the moft noble order of the Garter, and her Grace the Right Noble Lady Elizabeth Dutchefs of Somerfet then wife of the faid Lord Duke, and fole daughter and heir of Jocelyn then late Earl of Northumberland deceafed of the firft part; Thomas Beach of Weft-Afton in the

county

England were

making the

1687, by in

county of Wilts Efq. and Henry Champion of the Inner Temple London Efq. of the fecond part; the Right Honourable James Earl of Suffolk, the Right Honourable Elizabeth Countess Dowager of Effex, the Right Honourable Sir John Erule Knt. Chancellor and Under-treafurer of his then Majefty's court of Exchequer and one of his then Majefty's moft Honourable Privy Council, and the Right Honourable Elizabeth Lady Seymour mother of the faid Lord Duke and then wife of the faid The rectory John Erule, and Sir Orlando Gee of Ifleworth of the third of Kirby part; the rectory of Kirby Overblowes in the county of York, Overblowes, and alfo the freehold and inheritance of the Honour of Petand the Ho-worth in the county of Suffex were conveyed (among other worth were things) to the ufe and behoof of her Grace the faid Duchefs of fettled to the Somerfet, for and during the term of her natural life, without impeachment of or for any manner of wafte; and from and after her decease, then to the use and behoof of his Grace the Somerfet for faid Duke of Somerfet, for and during the term of his natural life; and from and after the determination of their eftates, and Remainder to as the fame fhould refpectively determine, the remainder thereof trustees to to the ufe of them the faid Thomas Beach and Henry Champion preferve con- and their heirs, during the natural lives of his and her Grace

nour of Pet

ufes of the

Duke and

Duchess of

life.

tingent re mainders.

Earl of Hert

fon of the

faid Duke and Duchefs in tail male. Remainder

the Lord Duke and Lady Duchefs and the furvivor of them, upon truft to fupport and preferve the contingent ufes and estates in and by the faid indenture limited from being defeated and deftroyed, and for that end to make entries and bring actions as occafion fhall be, but nevertheless to permit and fuffer them the faid Duke and Duchefs of Somerfet during their respective natural lives to receive and take the rents, iffues and profits Remainder to thereof for their own use and benefit; and from and after their Algernon deceases, then to the ufe of Algernon Earl of Hertford, the firft ford, the fit fon of the faid Lord Duke on the body of the faid Lady Duchefs begotten, and of the heirs male of the body of the faid Algernon iffuing; and for default of fuch iffue, then to the use and behoof of Lord Edward the fecond fon of the faid Lord Duke, on the body of the faid Lady Duchefs begotten, and the heirs male of the body of the faid Lord Edward iffuing; and for default of fuch iffue, then to the use and behoof of the third fon of the body of the faid Lady Duchefs begotten or to be begotten, and the heirs male of the body of fuch third fon iffuing; and for default of fuch iffue then to the ufe and behoof of the fourth fon of the body of the faid Lady Duchefs begotten or to be begotten, and the heirs male of the body of fuch fourth fon iffuing; and for default of such iffue then to the ufe and behoof of the fifth, fixth, feventh, eighth, ninth, tenth, and all and every other fon and fons of the body of the faid Lady Duchefs, begotten or to be begotten, feverally and fucceffively, one after the other as they fhould be in feniority of age and priority of birth, and the heirs male of the body and bodies of each and

to the fecond,

third and other fons of

the faid Duke

and Duchefs

in tail-male.

male of the

fuch uses as

Remainder in

That the

Duke and

non died,

every fuch fon and fons lawfully iffuing, the elder of the faid fon and fons, and the heirs male of his body iffuing, being always to take and be preferred before the younger of fuch fon and fons, and the heirs-male of his and their body and bodies iffuing; and Remainder to for default of fuch iffue, to the use of the iffues females of her the iffues fes Grace the faid Lady Duchefs and the heirs of their bodies to be Duchefs in begotten, and for default of fuch iffue, to fuch use and ufes as tail general. her Grace the faid Lady Duchefs by any deed or writing under Remainder to her hand and feal, executed by her in the presence of three or the Duchefs more credible witneffes, whether fhe be then fole or under co- fhould direct verture, fhould direct, limit and appoint; and in default of fuch and appoint. limitation and appointment, then to the ufe and behoof of the fee to the right heirs of the faid Lady Duchefs for ever.And the jurors Duchefs and aforefaid, upon their oath aforefaid, further fay, that the faid her heirs. Charles Duke of Somerfet and the faid Elizabeth Duchefs of That Somerset in the faid indenture mentioned afterwards, and long Duchefs died, before the disturbance above complained of, died, leaving iffue leaving iffue Algernon Earl of Hertford, afterwards Duke of Somerset, their Algernon and Catharine, eldeft fon, and Catharine their daughter, and no other iffue; and and no other the jurors aforefaid upon their oath aforefaid further fay, that iffue. the faid Duke of Algernon afterwards and long before the disturbance within complained of, died, leaving iffue Elizabeth now That AlgerDuchefs of Northumberland his only child. And the jurors leaving Eliaforefaid upon their oath aforefaid further fay, that the faid zabeth now Catharine daughter of the faid Duke Charles, afterwards and long Duch before the disturbance within complained of, intermarried with land his only Sir William Wyndham Baronet, and afterwards, and long before child. the disturbance within complained of, died, leaving iffue Charles That Catha afterwards Earl of Egremont her eldeft fon, and the faid Charles Earl of Egremont, afterwards, and long before the disturbance within complained of, died, leaving iffue George now Earl of Egremont and died, his eldest fon. And the jurors aforefaid upon their oath afore- leaving faid, further fay, that the faid provoft and college, before and at terwards Earl the time of making the act of parliament hereinafter-mentioned, of Egremont were feifed in grofs as of fee of the advowfon of the church of Petworth, and the Chapelries of North Chapel and Dungton within leaving the faid parish of Petworth, in the county of Suffex. And the George now jurors aforefaid upon their oath aforefaid further fay, that in the Earl of Egre4th and 5th years of the reign of King William and Queen Mary, That plaintiff's late King and Queen of England, a certain act of parliament before and at was made and paffed for dividing the Chapelries of North Chapel ma and Dungton aforefaid from the parith of Petworth, and erecting act were them into new parishes, and for fettling the advowfons and feifed in fee rights of patronage of the faid rectories of Worplefdon, Kirby to of Overblowes, and likewife the advowfons and rights of patronage Petworth, &c.

Duchefs of

Northumber

rine married

Sir William

Charles af

her eldest son, who died,

mont.

the time of

making the

of the ad

And that in the 4 & 5 of William and Mary, an act of parliament was made for fettling the advowfons of Worples don, Kirby Overblowes, and Petworth, &c. of

In thefe words.

The crown patron of

Clewer, Farn

ham-Royal,

and Worplef don, and the

and Long

Hornley,

Petworth.

of the rectories of Petworth, North Chapel, Dungton, Clewer, Farnham-Roval, and Catton, and the vicarage of Long Horley, which faid act of parliament follows in thefe words, (to wit) An act for dividing the chapelries of North Chapel and Dungton from the parish of Petworth, and erecting them into new parishes, and for fettling the advowfons and rights of patronage of the rectories of Petworth, North Chapel, Dungton, Clewer, FarnhamRoyal, Worplefdon, Kirby Overblowes and Catton, and the vicarage of Long Horfley; for the fettling the advowfons and rights of patronage and prefentation of and to the churches herein-aftermentioned, according to the agreement in that behalf made between their Majefties, patrons of the churches and rectories of Clewer in the county of Berks, and Farnham-Royal in the county of Bucks, and Worplefdon in the county of Surrey; and his Grace Charles Duke of Somerfet, patron of the churches and rectories patron of Kirby Overblowes alias Kirby Overlawes and Catton in the of Kirby Overblowes, county of York, and of the vicarage of Long Horfley alias Horfley and Catton Long in the county of Northumberland, and the provost of the college royal of the Bleffed Mary of Eton, near unto Windfor, in and the plain- the faid county of Bucks, and the faid college, patrons of the tiffs patrons of church and rectory of Petworth in the county of Suffex, Be it enacted by the King and Queen's most excellent majesties by and with the advice and confent of the Lords Spiritual and Temporal The act vefts and Commons in this prefent parliament affembled, and by the fons of Kirby authority of the fame, That the faid advow fons and perpetual paOverblowes, tronages and rights of presentation, of and to she faid churches Catton and and rectories of Kirby Overblowes alias Overlawes and Catton, and Long Horley of and to the vicarage of Long Horfley alias Horfley Long, fhall be fettled and vefted, and the fame was thereby vested and settled in their Majefties and their heirs and fucceffors, and that their Majefties their heirs and fucceffors fhall from henceforth ftand and be feised thereof, and of every of them in the right of the crown of England for ever. But inasmuch as the right of prefentation to the faid churches and rectories of Clewer and Farnham Royal (being under value) is in the Lord Chancellor, Lord Keeper, or Lords Gommiffioners of the Great Seal of England for the time being, Be it further enacted by the authority aforefaid, that the right of presentation to the faid church and rectory of Kirby Overblowes alias Kirby Overlawes (being above value) and the vicarage of Long Horfley alias Horley Long, from time to time as they fhall refpectively by death, ceffion or furrender of the refpective prefent incumbents, or otherwife, become void, from henceforth for ever hereafter be, and is hereby vested and fettled in the faid Lord Chancellor, Lord Keeper, or Lords Commiffioners of the Great Seal of England for the time being, any thing herein before contained to the contrary notwithstand

the advow

in the crown.