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.

• 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.

• 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.