An ANSWER to a Lying Pamphlet, Entituled, The CASE of THOMAS PRICE Esq;
THE Rectory of Llanywllyn in the Diocess of St. Asaph did never belong to any Monastery, but was a Presentative Living with Cure of Souls: And Dr. Ellis Price, Great Grandfather of the said Thomas Price, was Rector thereof, both before, and at the time of Dissolution of Monasteries, and for many Years after, in all for above Sixty Years. Towards the end of which time,Decem. 22.33 Eliz. he got the said Rectory put into that famous Patent of Tipper and Daw, by whom, being but Trustees, it was Assigned to his Son Thomas Price and his Heirs; who by Collusion with them that should have done the Church Right in this Matter, turn'd this Rectory into an Impropriation, and in stead of 100 l. per Annum, (as the Complainant saith) left it only 6 l. per Annum as a Stipend for the serving of that Cure of Souls.
The first Bishop after the King's Restauration offered this Rectory to several Clerks, but none would be at the Charge to Sue for it. But the Account that he left of the Churches Title in Writing, put the present Bishop upon a farther search: By which, finding that it was undoubtedly a Presentative Living, he gave Institution to Robert Wynne the present Incumbent; who came to a Tryal with Peter Price the pretended Impropriator, at Salop Assizes in Summer 1683. Thence, by consent of both Parties, the Cause was ordered to be Tryed at the Exchequer-Bar; and the Issue to be, Whether the Incumbent had good Right to the Rectory of Llanywllyn? Accordingly it was Tryed in Easter-Term following before all the Barons of the Exchequer; and after a Tryal of Five Hours, it was given for the Incumbent, by a Jury of Gentlemen, whose Names are Printed here for the Honour of their Virdict: Sir Edward Smith of Holburn Baronet, Sir William Turner of Bromley Knight, Sir John Elwayes of Fulham Knight, Jonas Morley of Hamersmith Esq; Edward Shaw of Covent Garden Esq; Samuel Rouse of Holburn Esq; Richard Gower of Highgate Esq; Jeffrey Nightingale of Cripplegate Esq; Thomas Harriot of Islington Esq; John Shales of Fulham Esq; Thomas Ernsby of Hamersmith Esq; and Walter Moyle of Ealing Esq;
After this Tryal at Bar, in Trinity-Term following, Mr. Thomas Price moved the Court on his Fathers behalf for a new Tryal; which was deny'd him, by reason he could produce no other Evidence than what had formerly been produced at the Tryal at Bar.
But whereas in the Order of the Assizes at Salop is was not said that the Possession should follow the success of this Tryal, therefore the Incumbent was forced to bring his Cause to Tryal at another Assizes held at Salop in Summer 1684, and there he obtained a Verdict for the Possession.
After these Tryals and Verdicts, the Incumbent being now in Possession,85 May 1. did for a valuable Consideration Demise this Rectory to Edward Vaughan Esq; for Three Years, if he continued so long Rector, reserving an Annual Rent to himself;88 May 7. and afterwards he renew'd the said Lease for Three Years longer, which Term is not yet expired.
About Three Years ago the said Peter Price brought his Declaration of Ejectment against the Tenants in Possession of this Rectory, to be Tryed in the County of Merioneth. And at the Assizes, the Bishop being Patron, and Mr. Vaughan being Lessee of the said Rectory,88 Sep. 26. caused a Defence to be made, and were ready to Try the Cause; but Mr. Price finding the best Gentlemen in that County were returned on the Jury, and for no other Cause, wav'd the Tryal.
After this he lay quiet till June last, then finding that by Reason of the Adjournments of Parliament, Mr. Vaughan could not attend, and much less the Bishop, with whom his Secretary who attended the Tryal at Bar, and who only understood the Records, was then at London, he took this Occasion to give Notice of a Tryal at the Assizes to be held in September last. There Council appeared for the Bishop and Mr. Vaughan, and Pleaded their Priviledge of Parliament; and Mr. Vaughan's Lease was publickly read in Court, and an Affidavit was Filed, That the Bishop being in London, and his Secretary attending him there, who had been employ'd in all the Tryal, had the Papers in his Custody, they could not possibly Try it. But their Council offered to wave their Priviledge, and to Try it next Assizes by a Jury of Gentlemen of the County, who are only fit to Try such a Cause. But Mr. Thomas Price, and his Attorney Mr. Henry Mostyn Rejected that Offer, and without Regard to Priviledge of Parliament, proceeded to Tryal, and had a Verdict, no Defence being made. Thereupon Mr. Richard Green (tho' being warned of the Breach of Priviledge) granted a Writ for Possession; and pursuant to this Writ, on the 7th of October last, William Wynn the Under-Sheriff, turn'd out Mr. Vaughan's Tenants, and put Edward Price in Possession of the Houses and Gleab belonging to the said Rectory: All which Proceedings (with humble Submission) are a Breach of the Priviledges of the Honourable House of Commons.
This is the true State of the Case, whereof divers material things are industriously concealed in that Pamphlet, which has been lately spread about the Coffee-Houses and other Places. There are also many Things said, which are no more true than they are pertinent to the purpose: But the design of those Lyes is only to Defame them that dare trust the World with their Good Names, presuming they are so well known, that they need not Answer such Slanders and Calumnies.