THE
IVST
AND
NECESSARY
APOLOGIE
of
Henrie
Airay
the
late
reuerend
Prouost
of
Queenes
Colledge
in
Oxford
,
touching
his
suite
in
Law
for
the
Rectorie
of
Charleton
.
THe
rule
of
the
holy
Apostle
is
:
Against
an
Elder
receiue
none
accusation
,
but
vnder
two
or
three
witnesses
.
Which
rule
,
if
it
were
as
well
obserued
,
as
it
may
be
easily
knowne
,
calumnies
against
an
Elders
innocencie
would
not
so
hastily
be
beleeued
,
as
many
times
they
are
;
nor
should
I
now
need
to
trouble
my selfe
with
a
taske
of
this
kind
.
But
hauing
learned
out
of
Solomon
,
that
a
good
name
is
better
then
a
good
ointment
,
and
to
be
chosen
aboue
great
riches
;
and
out
of
the
heathen
Oratour
,
that
Dissoluti
hominis
est
negligere
quid
quisque
de
〈◊〉
sentiat
,
None
but
a
dissolute
person
will
neglect
what
men
thinke
or
speake
of
him
:
and
hauing
heard
by
sundrie
my
good
friends
,
that
vnto
much
vexation
and
distraction
,
vnto
great
trouble
and
charges
by
occasion
of
a
tedious
suite
in
Law
,
this
also
is
added
,
that
many
aspersions
are
cast
,
and
many
speeches
passe
vpon
me
,
which
some
beleeue
,
and
touching
which
others
desire
to
be
satisfied
:
it
is
my
desire
,
in
regard
of
my
ministerie
,
of
my
degree
,
of
my
seruice
,
and
of
my
place
of
gouernment
,
and
out
of
that
care
to
prouide
things
honest
,
not
onely
before
the
Lord
,
but
also
before
men
,
which
the
Apostle
requireth
,
to
satisfie
others
with
those
things
,
wherewith
,
I
thanke
God
,
I
satisfie
my selfe
in
this
case
.
And
to
that
purpose
I
haue
plainly
and
nakedly
set
downe
a
simple
and
true
narration
of
passages
in
that
businesse
,
and
of
the
case
in
that
suite
,
and
of
the
grounds
whereon
I
leaned
both
for
law
and
conscience
,
together
with
the
exceptions
which
are
taken
against
me
,
and
the
answers
thereunto
;
that
when
men
are
truly
informed
in
that
matter
,
and
see
what
is
answered
vnto
all
obiections
,
they
may
either
cleare
me
in
their
iudgments
,
or
censure
me
at
their
pleasures
.
A
suite
betweene
M.
Iohn
Alcock
and
me
,
about
a
Lease
of
the
Rectorie
of
Charleton
vpon
Otmoore
in
Oxford
shire
,
long
depended
in
sundrie
Courts
at
Westminster
Hall
,
which
he
began
in
the
Chancerie
,
and
wherein
afterwards
sometimes
he
,
and
sometimes
I
were
Plaintiffes
.
Wherein
the
case
will
the
better
appeare
,
if
first
the
state
of
that
Rectorie
be
opened
;
which
is
as
followeth
.
The
Advowson
of
that
Rectorie
being
in
the
King
,
M.
Dennys
who
was
Prouost
of
this
Colledge
,
and
Incumbent
in
that
Rectory
,
affected
the
purchase
of
it
for
the
Colledge
.
For
the
effecting
whereof
,
because
the
Benefice
was
held
in
Capite
,
and
the
Colledge
then
through
want
of
Mort-maine
was
vncapable
of
it
,
he
put
into
that
businesse
one
Andrewes
&
one
Temple
:
who
,
according
to
M.
Dennys
his
desire
,
purchased
the
Rectorie
from
the
King
,
Ann.
35.
Henr.
8.
and
in
the
same
yeare
made
it
ouer
vnto
M.
Dennys
then
Prouost
,
and
vnto
M.
Shaw
then
Fellow
of
this
Colledge
,
as
in
trust
for
the
Colledge
.
Which
Rectorie
being
so
purchased
and
passed
ouer
,
M.
Dennys
died
in
the
last
yeare
of
Queene
Maries
reigne
.
M.
Dennys
being
dead
,
and
M.
Hodgeson
succeeding
in
the
Headship
of
the
Colledge
,
M.
Alan
Scot
then
Fellow
of
the
Colledge
,
was
presented
vnto
the
Rectorie
of
Charleton
,
1.
Elizab.
not
by
M.
Shaw
the
suruiuer
feoffee
,
but
by
Hugh
Hodgeson
Prouost
,
and
the
Fellowes
of
the
Colledge
,
&c.
when
there
was
no
right
of
patronage
at
all
by
law
in
the
Colledge
,
and
was
thereupon
admitted
.
Which
M.
Scot
comming
to
be
Prouost
,
5.
Elizab.
made
,
as
Incumbent
,
a
Lease
of
the
Rectory
of
Charleton
vnto
one
William
Izod
,
aliàs
Shillingford
,
10.
Elizab.
for
the
terme
of
81.
yeares
,
reseruing
onely
to
the
Incumbent
during
that
terme
20.
lib.
per
annum
,
or
30.
lib.
per
annum
if
he
should
serue
the
Cure
,
together
with
a
chamber
in
the
Parsonage
;
and
laying
all
other
burthens
vpon
the
Leasee
,
procured
the
Lease
to
be
confirmed
,
as
it
is
said
,
by
the
Ordinarie
,
and
by
the
Colledge
as
Patron
.
Which
Lease
so
made
by
M.
Scot
,
as
Incumbent
,
&
confirmed
by
him
as
Prouost
,
was
enioyed
by
M.
Izod
,
aliàs
Shillingford
till
20.
Elizabethae
.
In
the
meane
time
M.
Scot
died
,
viz.
about
17.
Elizab.
and
M.
Shepheard
then
Fellow
of
the
Colledge
was
presented
vnto
the
Rectorie
of
Charleton
by
M.
Bowsfield
then
Prouost
,
and
the
Fellowes
of
the
Colledge
,
hauing
as
yet
no
right
of
patronage
in
law
,
vnlesse
it
were
by
vsurpation
,
and
was
thereunto
admitted
.
Which
M.
Shepheard
seeing
the
Glebe-land
of
the
Rectorie
to
be
exchanged
and
alienated
by
M.
Izod
,
and
perceiuing
the
Lease
made
by
M.
Scot
to
M.
Izod
to
be
naught
in
Law
,
and
as
bad
in
conscience
,
accordingly
spake
of
the
Lease
,
and
of
his
purpose
to
question
it
.
Whereupon
M.
Izod
taking
aduice
,
and
finding
great
cause
to
feare
the
inualiditie
of
his
Lease
,
tendered
the
sale
of
it
to
M.
William
Alcock
,
who
then
kept
his
Courts
,
and
who
being
a
Counsellor
at
Law
,
was
better
able
to
maintaine
it
,
if
it
should
be
questioned
,
then
he
was
.
Howbeit
M.
William
Alcock
refused
to
meddle
with
it
,
vnlesse
M.
Izod
would
secure
his
peaceable
possession
for
the
space
of
ten
yeares
,
hoping
in
that
time
,
as
it
may
seeme
,
to
saue
by
his
bargaine
.
After
sundrie
passages
between
them
,
M.
Izod
assigned
ouer
the
Lease
to
M.
William
Alcock
,
20.
Elizab.
with
a
clause
of
warrantize
for
peaceable
possession
for
the
space
of
ten
yeares
,
as
appeareth
by
the
Assignement
.
Which
Lease
so
assigned
,
M.
William
Alcock
enioyed
,
and
died
seized
of
it
,
hauing
before
his
death
much
molested
M.
Shepheard
for
speeches
against
his
Lease
,
and
at
length
released
him
of
all
personall
actions
betwixt
them
,
with
a
prouiso
,
that
that
release
should
not
extend
to
preiudice
any
right
,
estate
,
or
terme
of
yeares
which
he
had
in
the
Rectorie
of
Charleton
vpon
Otmoore
.
After
M.
William
Alcocks
death
,
such
right
and
estate
as
he
had
in
the
Lease
came
vnto
his
widow
,
and
vnto
M.
Iohn
Alcock
his
Executor
.
Vpon
whose
comming
vnto
it
,
the
Lease
was
questioned
by
M.
Shepheard
,
and
for
a
while
trauersed
;
but
the
suite
not
continued
vnto
triall
,
for
that
M.
Shepheard
was
so
poore
that
he
was
not
able
to
prosecute
the
law
,
and
besides
had
preiudiced
himselfe
by
the
acceptance
of
that
which
was
reserued
vpon
the
Lease
vnto
the
Incumbent
.
Vpon
M.
Shepheards
death
,
M.
Harper
then
Fellow
of
the
Colledge
,
was
presented
by
the
Colledge
to
that
Rectorie
:
who
resigning
after
one
halfe
yeare
and
somewhat
more
,
for
that
he
could
not
through
the
weaknesse
of
his
body
endure
such
trauell
and
toile
for
the
ouerthrowing
of
the
Lease
by
due
course
of
Law
,
as
the
whole
companie
desired
hee
should
do
;
I
was
by
the
Colledge
presented
vnto
it
;
and
,
both
out
of
the
same
considerations
which
moued
M.
Shepheard
,
and
out
of
commiseration
of
the
state
of
that
people
where
the
Benefice
is
,
and
out
of
my
due
regard
of
my
owne
dutie
vnto
this
Colledge
,
and
of
my
Companies
earnest
desire
,
and
after
much
deliberation
for
matter
,
both
of
Law
,
with
many
very
skilfull
in
the
Law
,
and
of
conscience
,
with
sundrie
reuerend
and
iudicious
Diuines
,
I
endeuoured
to
do
the
best
seruice
I
could
to
this
Colledge
and
that
Church
,
for
the
ouerthrowing
of
that
vnreasonable
and
vnconscionable
Lease
.
This
being
the
state
of
that
Rectorie
hitherto
,
the
question
is
,
whether
that
Lease
so
dimised
by
M.
Scot
,
so
confirmed
by
M.
Scot
and
his
companie
,
when
the
Colledge
was
not
Patron
in
law
,
and
by
a
wrong
name
of
the
Colledge
,
so
doubted
of
both
by
M.
Izod
,
and
by
M.
William
Alcock
before
the
Assignement
,
and
so
questioned
since
M.
Scots
death
by
M.
Shepheard
,
be
a
good
Lease
,
or
no
?
M.
Iohn
Alcock
,
though
at
the
first
he
seemed
by
suing
me
in
the
Chancerie
,
to
flic
the
Law
,
and
to
leane
onely
vnto
conscience
,
yet
afterwards
pretended
the
Lease
to
be
good
both
in
Law
and
in
conscience
,
which
I
euer
thought
(
vnder
reformation
)
to
be
naught
in
Law
and
in
conscience
.
And
first
,
in
Law
I
held
the
Lease
to
be
naught
vpon
two
grounds
:
first
,
because
it
was
neuer
confirmed
by
the
true
Patron
,
no
Lease
being
good
in
Law
,
10.
Elizab.
which
was
not
confirmed
by
the
Ordinary
,
Patron
,
and
Incumbent
.
And
that
the
Lease
was
neuer
confirmed
by
the
true
Patron
,
it
appeareth
,
because
it
was
neuer
confirmed
by
M.
Shaw
,
in
whom
alone
as
suruiuer
feoffee
,
the
patronage
truly
rested
till
24.
Elizab.
when
vpon
the
procuring
of
a
Mort-mane
for
the
Colledge
by
my
Lord
Bishop
of
Carlile
,
then
Prouost
of
the
Colledge
,
M.
Shaw
made
it
ouer
to
the
Colledge
,
as
appeareth
by
his
instrument
vnder
his
hand
and
seale
.
Which
being
so
cleare
that
it
cannot
be
denied
,
M.
Alcocks
onely
euasion
is
,
that
the
Colledge
had
gained
the
patronage
by
vsurpation
,
because
their
Clerke
,
M.
Scot
,
presented
by
the
Colledge
,
was
admitted
,
and
not
disturbed
.
In
which
case
,
though
I
know
not
what
the
Law
is
,
whether
vpon
our
presentation
a
right
of
patronage
will
be
gained
by
vsurpation
,
or
whether
vsurpation
will
enable
the
vsurper
,
not
onely
to
present
to
the
Church
,
but
also
to
confirme
a
Lease
against
the
good
of
the
Church
;
or
whether
a
Lease
leaning
on
vsurpation
vpon
one
presentation
in
the
beginning
,
be
strengthened
by
the
accesse
of
mo
presentations
afterwards
;
or
whether
the
Colledge
can
gaine
or
hold
a
right
indirectè
,
whereof
it
is
not
capable
directè
,
that
is
,
whether
vsurpation
can
gaine
a
right
vnto
a
Colledge
,
whereof
it
is
not
capable
in
it selfe
,
yet
in
reason
,
which
Lawyers
say
is
the
ground
of
the
Law
,
the
plea
of
vsurpation
seemeth
to
be
very
harsh
in
this
case
.
For
if
an
vsurper
be
an
intruder
and
wrongfull
possessor
,
then
what
is
vsurpation
,
but
intrusion
and
wrongfull
possession
?
And
then
what
is
the
plea
of
right
gained
by
vsurpation
,
but
a
plea
of
right
wrongfully
gained
?
And
then
what
is
M.
Alcocks
plea
for
the
goodnesse
of
his
Lease
in
Law
,
but
that
his
Lease
is
good
out
of
a
right
which
the
Colledge
gained
wrongfully
?
Which
plea
seemeth
yet
the
lesse
reasonable
,
because
it
may
seeme
,
that
the
gaining
of
right
by
vsurpation
was
prouided
for
the
good
,
and
not
for
the
hurt
of
the
Church
;
which
in
this
case
falleth
out
quite
otherwise
.
For
albeit
by
the
presentation
from
the
Colledge
the
Church
was
filled
,
which
may
seeme
to
haue
bene
for
the
good
of
the
Church
;
yet
the
stablishing
of
the
Lease
by
the
right
so
gained
,
is
in
perniciem
Ecclesiae
,
because
so
,
during
the
terme
of
yeares
in
the
Lease
,
the
Church
,
through
the
smalnesse
of
maintenance
reserued
vpon
the
Lease
for
the
Incumbent
,
cannot
be
prouided
of
a
Pastor
sufficient
to
feed
and
instruct
that
people
.
A
second
ground
whereupon
I
held
the
Lease
to
be
naught
in
Law
,
is
,
because
of
the
errour
in
the
true
name
of
the
Colledge
,
both
in
the
Lease
and
in
the
Confirmation
:
the
true
name
of
the
Colledge
being
,
Aula
scholarium
Reginae
de
Oxon.
as
appeareth
by
the
licence
of
Edward
the
third
vnto
our
Founder
,
wherein
he
licenseth
him
to
found
and
build
Aulam
quandam
Collegialem
de
scholaribus
,
capellanis
,
&
alijs
,
perpetuis
temporibus
duraturam
,
sub
nomine
Aulae
scholarium
Reginae
de
Oxon.
and
the
Lease
being
dimised
and
confirmed
by
the
name
of
,
the
Queenes
Hall
or
Colledge
in
the
Uniuersitie
of
Oxford
.
Which
sheweth
,
that
what
difference
there
is
betweene
Aula
scholarium
Reginae
de
Oxon.
and
Aula
Reginae
de
Oxon.
the
like
difference
there
is
betweene
the
name
of
the
Colledge
and
the
name
in
the
Lease
and
confirmation
,
that
is
,
a
substantiall
difference
.
Againe
,
in
conscience
I
hold
the
Lease
to
be
naught
for
these
causes
:
first
,
it
is
a
Lease
of
a
Benefice
presentatiue
,
and
with
the
cure
of
foules
,
where
are
three
villages
,
and
much
people
:
which
kinde
of
Leases
was
by
a
whole
Parliament
thought
vnconscionable
and
vnreasonable
,
and
a
law
made
against
all
such
Leases
in
future
times
,
about
three
yeares
after
the
dimising
of
this
Lease
,
viz.
Ann.
13.
Elizabethae
.
Secondly
,
it
is
a
Lease
whereupon
so
small
allowance
is
reserued
vnto
the
Incumbent
,
as
that
the
maintenance
is
not
sufficient
to
maintaine
any
fit
Minister
for
the
instruction
of
that
great
people
;
whereof
what
conscience
ought
to
be
made
,
euery
man
knoweth
.
Thirdly
,
the
terme
of
yeares
in
the
Lease
is
so
long
,
that
the
Benefice
being
presentatiue
for
81.
yeares
,
that
great
people
is
in
great
hazard
to
be
too
much
neglected
,
if
the
Lease
shall
continue
so
long
,
without
euiction
at
Law
,
or
reliefe
in
Chancerie
against
it
.
Fourthly
,
the
Lease
is
so
preiudiciall
vnto
the
Glebe
land
of
that
Benefice
,
as
that
thereby
much
of
it
is
alienated
and
exchanged
with
other
men
vpon
inclosures
,
and
alreadie
growne
almost
out
of
knowledge
.
Fiftly
,
the
Lease
hath
bene
noted
from
chiefe
seates
of
Iudgement
to
be
so
vnreasonable
and
vnconscionable
,
as
that
it
was
pitie
the
Leasour
had
not
bene
hanged
before
the
dimise
;
to
be
such
as
I
was
bound
in
conscience
to
ouerthrow
if
by
the
Law
I
could
;
and
to
be
no
whit
,
or
verie
little
better
then
sacriledge
,
depriuing
them
which
waite
at
the
altar
,
of
the
things
due
to
them
which
there
waite
.
Sixtly
,
whence
was
it
that
when
the
matter
was
referred
vpon
the
motion
of
the
Barons
of
the
Exchequer
,
vnto
Sir
Iulius
Caesar
,
Sir
Thomas
Parrie
the
then
Lord
chiefe
Iustice
,
and
Iustice
Walmesley
,
M.
Alcock
refused
to
be
bound
to
stand
to
their
order
;
that
when
vpon
request
from
the
Lord
Chancellor
vnto
those
great
persons
of
their
paines
againe
for
an
order
in
the
matter
,
an
order
was
set
downe
by
them
,
and
the
same
made
an
order
in
the
Chancerie
,
M.
Alcock
would
not
obey
the
order
,
but
stood
out
in
contempt
thereof
vnto
a
writ
of
rebellion
,
and
the
sending
of
a
Serieant
at
Armes
for
him
;
and
that
alwayes
he
refused
to
submit
vnto
a
finall
end
by
the
Lord
Chancellor
,
or
the
Maister
of
the
Rowles
,
without
further
suite
,
but
that
his
owne
conscience
told
him
that
his
Lease
was
naught
in
conscience
?
But
a
valuable
consideration
was
giuen
for
the
Lease
.
It
is
said
that
M.
Izod
payd
for
it
280.
pounds
,
whereof
80.
pounds
came
to
the
Colledge
,
and
that
M.
W.
Alcock
payd
for
the
Assignement
400.
pounds
.
But
it
doth
not
appeare
vpon
the
accounts
of
the
Colledge
;
where
if
any
such
thing
were
,
it
should
appeare
,
that
any
penie
came
to
it
,
either
by
the
Lease
,
or
by
the
Assignement
.
Howbeit
if
it
were
so
,
that
M.
Izod
payed
for
the
Lease
280.
pounds
,
he
may
seeme
to
be
well
satisfied
by
the
commoditie
of
the
Rectory
for
ten
yeares
before
,
and
by
400
pounds
payed
to
him
for
the
Assignement
.
And
if
it
were
so
,
that
M.
William
Alcock
payed
for
the
Assignement
400.
pounds
,
he
and
his
heire
may
seeme
to
be
well
satisfied
by
the
commoditie
of
the
Rectorie
for
thirtie
yeares
and
vpwards
,
and
by
500.
pounds
which
M.
Iohn
Alcock
is
said
to
haue
had
of
M.
White
vpon
the
morgage
of
the
Lease
.
But
an
hundred
Markes
were
payed
to
my
Lord
of
Carlile
then
Prouost
,
to
the
vse
of
the
Colledge
,
for
the
securing
of
the
Lease
,
as
his
note
〈◊〉
Whatsouer
colour
there
be
of
such
a
note
,
yet
by
two
Letters
written
from
his
Lordship
vpon
my
desire
to
be
satisfied
in
that
point
,
and
still
to
be
shewed
,
it
may
appeare
that
the
Colledge
being
in
much
debt
at
his
comming
to
this
Headship
,
that
sum
of
100
Markes
was
borrowed
of
M.
Izod
vpon
fiue
seuerall
bonds
for
the
repaying
thereof
in
fiue
seuerall
yeares
,
and
was
accordingly
repayed
in
the
fiue
yeares
next
following
,
and
the
seuerall
bonds
vpon
the
seuerall
paiments
redeliuered
,
and
was
not
otherwise
for
any
vse
of
the
Colledge
.
Which
being
the
tenour
of
two
Letters
vnder
his
Lordships
hand
and
seale
,
is
in
reason
more
to
be
esteemed
then
an
odde
peece
of
paper
of
an
hand
breadth
.
But
M.
William
Alcock
purchased
the
Lease
from
M.
Izod
as
good
.
He
knew
the
Lease
to
be
disabled
in
M.
Izods
time
so
well
,
that
he
would
not
meddle
with
it
,
till
M.
Izod
yeelded
to
secure
the
peaceable
possession
for
ten
yeares
,
though
M.
Izod
had
moued
him
often
through
feare
of
trouble
,
by
occasion
of
it
,
to
buy
it
.
And
how
can
they
denie
the
Lease
to
haue
bene
doubted
of
by
M.
William
Alcock
,
who
say
that
100.
markes
were
giuen
for
the
securing
of
it
,
to
my
Lord
of
Carlile
,
who
was
not
Prouost
for
some
yeares
after
the
Assignement
?
But
it
is
hard
for
a
Colledge
to
seeke
the
auoidance
of
its
owne
act
.
It
is
an
act
of
M.
Scot
,
as
Incumbent
of
the
Rectory
of
Charleton
,
and
whereinto
being
Prouost
he
drew
by
meanes
so
many
of
the
Colledge
as
serued
his
turne
,
to
haue
a
hand
in
the
confirmation
thereof
,
(
as
also
the
same
yeare
he
did
to
the
leasing
of
an
Impropriation
for
500.
yeares
,
and
had
done
the
yeare
before
to
the
making
away
of
some
Land
belonging
to
the
Colledge
in
Dorcetshire
for
euer
,
)
which
I
laboured
to
ouerthrow
by
legall
courses
,
and
not
any
Lease
either
dimised
by
the
Colledge
,
or
duely
confirmed
by
the
Colledge
.
But
it
is
hard
to
disturbe
possession
after
thirtie
or
fortie
yeares
.
It
is
harder
to
be
wrongfully
kept
out
of
possession
so
long
.
And
that
possession
was
in
that
time
disturbed
,
appeareth
,
inasmuch
as
vpon
speeches
against
the
Lease
,
it
was
made
ouer
to
M.
William
Alcock
;
and
after
the
Assignement
,
suite
was
commenced
by
M.
Shepheard
for
the
euicting
of
it
,
howsoeuer
he
was
not
able
to
prosecute
the
suite
vnto
a
triall
,
through
want
of
meanes
necessary
in
such
case
.
But
it
is
hard
to
take
aduantage
vpon
a
misnomer
.
Is
it
not
harder
to
auoide
a
cleare
case
in
Law
,
which
requireth
confirmation
by
the
Patron
,
by
a
refuge
of
vsurpation
?
Or
is
it
hard
in
my
case
,
which
is
vsuall
in
many
cases
of
Colledges
and
Cathedrall
Churches
,
as
is
well
knowne
by
Merton
Colledge
,
which
auoided
a
Lease
vpon
the
verie
like
misnomer
as
in
my
case
,
there
the
name
of
the
Colledge
being
,
Custos
&
scholares
Collegij
scholarium
de
Merton
.
and
in
the
Lease
being
,
Custos
&
scholares
Collegij
de
Merton
;
as
in
my
case
the
name
of
the
Colledge
is
,
Praepositus
&
scholares
Aulae
scholarium
Reginae
de
Oxon.
and
in
the
Lease
the
name
is
,
Praepositus
&
scholares
Aulae
Reginae
de
Oxon.
and
many
other
like
cases
?
Or
rather
is
not
an
aduantage
of
misnomer
in
this
case
well
taken
,
where
a
right
is
onely
claimed
by
title
of
vsurpation
against
the
good
of
the
Church
?
But
to
auoide
the
Lease
,
is
to
ouerthrow
the
state
of
a
poore
Gentleman
and
his
family
,
which
is
hard
.
How
much
his
estate
is
decayed
through
his
continuall
wranglings
,
I
know
not
:
but
how
much
the
state
of
soules
is
more
to
be
commiserated
then
the
state
of
bodies
,
and
the
states
of
many
more
then
of
few
,
so
much
more
is
the
state
of
that
people
,
which
feeding
with
their
corporall
things
cannot
be
fed
with
spirituall
things
while
that
Lease
lasteth
,
to
be
commiserated
,
then
the
state
of
M.
Alcock
and
his
family
.
And
if
further
it
shall
be
considered
,
that
before
any
suite
,
I
made
this
offer
to
M.
Alcock
,
in
the
presence
of
some
witnesses
,
that
if
vpon
sight
of
his
Lease
,
and
due
consideration
of
the
validitie
thereof
by
foure
Iudges
,
or
other
,
indifferently
chosen
betweene
vs
,
and
informed
by
our
learned
Counsell
,
his
Lease
should
be
deemed
good
in
Law
,
I
would
neuer
further
molest
him
;
and
if
it
should
be
deemed
naught
in
Law
,
yet
whatsoeuer
they
thought
meet
for
me
to
do
out
of
any
conscionable
respect
towards
him
&
his
,
I
would
very
willingly
do
it
;
and
withall
,
that
the
beginning
of
the
suite
was
from
him
,
I
hope
I
shall
not
be
censured
to
haue
bene
vncharitable
,
but
he
rather
to
haue
bene
wilfull
.
But
this
suite
was
much
against
the
liking
of
many
of
the
Fellowes
of
the
Colledge
.
Vpon
this
false
report
and
suggestion
they
all
testified
vnder
their
hands
(
which
is
yet
to
be
seene
)
that
out
of
an
aduised
consideration
of
the
vnconscionablenesse
that
Lease
,
dimised
to
the
great
preiudice
of
that
Church
and
of
our
Colledge
,
and
out
of
a
long
setled
purpose
to
put
that
Lease
in
suite
when
they
should
haue
opportunitie
,
the
suite
was
at
the
first
commenced
,
and
stil
continued
,
not
onely
with
their
liking
,
but
with
their
great
desire
that
the
Lease
might
be
auoided
;
and
that
they
were
so
farre
from
auouching
any
thing
to
the
contrarie
,
as
that
they
professed
it
was
alwayes
their
purpose
vpon
the
first
auoidance
of
the
Benefice
,
to
conferre
it
vpon
such
a
one
as
would
trie
the
Lease
with
M.
Alcock
.
But
some
of
my
owne
degree
haue
said
,
that
for
many
Benefices
they
would
not
haue
entred
into
such
a
businesse
.
Nor
would
I
,
if
regard
of
my
oath
,
and
dutie
to
this
Colledge
and
that
Church
had
not
pressed
me
thereunto
.
Which
men
of
my
owne
degree
might
rather
deeme
and
conceiue
of
me
,
then
seeme
to
censure
my
courses
,
the
grounds
whereof
they
either
know
not
,
or
consider
not
.
But
why
then
did
not
my
Lord
of
Carlile
question
the
Lease
?
M.
Shepheard
was
presented
vnto
the
Benefice
long
before
my
Lord
of
Carlile
was
Prouost
,
and
continued
in
it
all
his
time
,
and
long
after
my
coming
to
be
Prouost
;
and
durig
his
incumbencie
,
none
but
he
could
question
the
Lease
,
to
bring
it
to
a
trial
in
Law
.
But
in
the
Exchequer
,
Iudgement
passed
long
since
for
M.
Alcock
.
No
Iudgement
passed
there
at
all
in
the
cause
,
but
after
some
arguing
of
the
case
by
Baron
Hearn
,
and
somewhat
by
Baron
Altham
;
vpon
some
fault
in
the
speciall
verdict
,
a
new
Uenire
facias
was
willed
to
be
sued
out
,
or
else
an
arbitrable
course
to
be
agreed
vpon
for
the
ending
of
the
matter
.
Which
was
done
,
but
without
effect
,
because
M.
Alcock
would
not
be
bound
to
abide
the
order
of
such
honorable
Arbitrators
,
as
after
much
ado
we
had
agreed
vpon
.
But
now
Iudgement
is
passed
for
him
,
and
against
me
in
the
Kings
Bench.
It
appeareth
by
the
order
of
the
Arbitrators
,
which
was
made
an
order
in
the
Chancerie
,
that
the
Lord
chiefe
Iustice
Flemming
,
and
Iustice
Walmesley
were
of
opinion
that
the
Lease
was
naught
in
law
.
And
M.
Iustice
Dodderidge
,
who
had
bene
alwayes
of
counsell
against
me
,
and
professed
from
the
Bench
,
that
he
had
very
seriously
studied
the
case
for
his
owne
full
satisfaction
therein
,
clearely
deliuered
his
opinion
to
be
,
that
the
Lease
was
naught
in
Law
.
But
it
is
true
,
that
the
swaying
sentence
was
for
the
Lease
,
vpon
two
points
:
first
,
because
Nihil
facit
error
nominis
quando
constat
de
corpore
;
secondly
,
because
there
is
no
substantiall
difference
betweene
the
name
of
the
Colledge
and
the
name
in
the
Lease
,
but
onely
a
transposition
of
words
,
which
makes
no
materiall
error
.
Touching
the
first
of
which
points
,
I
desire
to
know
,
whether
it
be
a
receiued
rule
in
the
Common
Law
,
that
nihil
facit
error
nominis
quando
constat
de
corpore
;
and
if
it
be
,
how
then
so
many
Leases
haue
bene
auoided
,
so
many
Graunts
haue
bene
frustrated
,
so
many
Writs
haue
bene
miscaried
,
vpon
misnomers
?
For
although
many
instances
may
be
giuen
wherein
men
haue
not
preuailed
in
suites
vpon
misnomer
,
when
the
error
was
not
materiall
;
yet
certaine
it
is
also
by
many
instances
,
that
men
haue
often
preuailed
in
suites
vpon
misnomer
,
when
the
errour
hath
beene
materiall
.
Touching
the
latter
point
also
I
desire
to
know
,
whether
the
difference
betweene
,
Aula
scholarium
Reginae
de
Oxon.
the
name
by
which
the
Colledge
was
licensed
to
be
founded
,
and
Aula
Reginae
de
Oxon.
which
our
Founder
vsed
,
and
by
which
the
Lease
was
dimised
,
be
not
a
substantiall
difference
.
I
see
the
license
of
Edw.
3.
to
be
this
:
De
gratia
nostra
speciali
concessimus
,
&
licentiam
dedimus
pro
nobis
,
&
haeredibus
nostris
quantum
in
nobis
est
etdem
Roberto
de
Eglesfield
,
quòd
ips
in
quodam
Messuagio
suo
cum
pertinentijs
in
Oxon.
in
parochiae
S.
Petri
in
Oriente
situato
,
quandam
Aulam
Collegialem
de
scholaribus
,
capellanis
,
&
alijs
,
perpetuis
temporibus
duraturam
,
sub
nomine
Aulae
scholarium
Reginae
de
Oxon.
quae
per
vnum
Praeprositū
de
dictis
scholaribus
iuxta
ordinationem
praefati
Roberti
inde
faciendum
gubernabitur
,
construere
,
&
de
nouo
fundare
;
ac
Messuagium
illud
cum
pertinentijs
praefat.
Praeposito
&
scholaribus
dare
possit
,
&
assignare
.
And
I
see
the
words
of
our
Founder
to
be
these
:
Eandem
Aulam
,
Aulam
Reginae
in
Oxon.
aeternaliter
institui
nominandam
.
Wherein
whether
our
worthy
Founder
hath
not
vnawares
vsed
a
name
substantially
differing
from
the
name
whereby
he
was
licensed
to
found
the
Colledge
,
I
desire
to
know
:
as
also
,
whether
a
Founder
may
swerue
at
all
from
the
name
whereby
he
is
licensed
to
found
;
and
whether
whatsouer
is
put
(
sub
nomine
)
be
not
to
be
counted
sacrum
,
&
nulla
ex
parte
mutandum
.
And
further
,
for
the
name
attended
with
the
persons
,
I
desire
to
know
,
what
is
the
name
of
the
Colledge
licensed
by
the
former
words
to
be
founded
,
whether
this
,
Praepositus
&
scholares
Aulae
scholarium
Reginae
de
Oxon.
or
this
,
Praepositus
&
scholares
Aulae
Reginae
de
Oxon.
and
whether
out
of
the
name
,
Aula
scholarium
Reginae
de
Oxon.
the
word
Scholares
,
can
be
transferred
vnto
the
persons
,
Praepositus
et
scholares
,
and
so
the
name
to
remaine
as
in
the
foundation
,
Aula
Reginae
de
Oxon.
Vpon
better
knowledge
of
which
points
,
another
point
wil
be
cleared
,
viz.
whether
there
be
an
error
in
the
iudgment
passed
against
me
.
But
the
cause
found
no
reliefe
in
Chancerie
.
I
hoped
for
reliefe
there
,
whatsoeuer
the
euent
should
be
at
Common
Law
,
against
a
Lease
of
this
nature
,
either
by
reasonable
increase
of
allowance
for
the
Incumbent
,
or
by
abridgement
of
the
terme
of
yeares
in
the
Lease
,
or
by
prouision
for
the
Glebe
land
,
that
the
Church
should
not
therein
be
preiudiced
;
or
by
all
of
these
,
or
some
other
meanes
,
but
am
yet
without
reliefe
,
and
so
am
like
to
be
,
vnlesse
after
eight
yeares
toile
and
charges
there
as
Defendant
against
a
Lease
,
onely
good
vpon
title
of
vsurpation
,
and
otherwise
vnconscionable
&
vnreasonable
,
I
will
renew
the
suite
,
and
henceforth
become
Plaintisse
there
.
But
the
suite
hath
bene
easie
for
me
,
and
hath
vndone
him
.
In
distraction
and
vexation
,
in
toile
and
trauell
,
it
hath
bene
very
grieuous
vnto
me
,
and
in
charges
it
hath
bene
so
costly
and
heauie
vnto
me
,
that
if
I
had
so
many
hundreth
pounds
in
my
purse
as
I
haue
spent
in
the
suite
,
I
might
therewith
be
a
very
good
Benefactor
vnto
our
Colledge
.
As
for
my
Aduersarie
,
the
suite
hath
bene
verie
aduantageous
vnto
him
;
first
because
he
during
the
whole
suite
payed
nothing
out
,
either
to
me
,
or
to
the
Curat
,
or
to
the
King
for
tenths
or
Subsidies
,
or
to
the
Archbishop
,
Bishop
,
Archdeacon
,
or
others
,
for
Visitations
,
Procurations
,
Synodals
,
and
the
like
,
which
amounting
to
40.
pounds
a
yeare
,
or
thereabouts
,
he
was
by
his
Lease
to
haue
payed
,
and
yet
,
vntill
order
for
sequestration
,
receiued
,
by
the
space
of
sixe
yeares
,
all
the
fruites
and
profites
of
the
Rectorie
,
saue
some
fruites
which
in
two
yeares
I
receiued
by
composition
with
some
of
the
Parish
,
for
which
I
haue
bin
accountant
.
Secondly
,
because
the
Lease
,
which
before
our
suite
would
not
yeeld
1200.
pounds
to
him
,
will
now
,
as
it
is
said
,
yeeld
vnto
him
1800.
pounds
and
vpwards
.
Thirdly
,
because
the
yearely
rent
of
the
Rectorie
is
now
improued
vnto
200
lib.
per
annum
,
which
before
the
suite
was
not
aboue
150.
lib.
or
160.
lib.
per
annum
.
Let
it
then
be
considered
,
that
the
Lease
was
ab
initio
naught
in
Law
,
for
want
of
Legall
confirmation
by
the
true
Patron
,
that
vpon
feare
of
the
inualiditie
of
the
Lease
and
trouble
by
it
,
M.
Izod
assigned
it
vnto
M.
William
Alcock
,
that
M.
William
Alcock
would
not
meddle
with
it
without
warrant
from
M.
Izod
for
peaceable
possession
for
ten
yeares
;
that
M.
William
Alcock
much
molested
M.
Shepheard
with
suites
for
disabling
the
Lease
;
that
the
Lease
was
questioned
by
M.
Shepheard
,
and
onely
not
prosecuted
vnto
triall
because
of
his
pouertie
;
that
the
beginning
of
the
suite
betweene
him
and
me
was
from
him
;
that
the
onely
strength
whereon
the
Lease
standeth
against
the
maine
point
in
Law
which
quelleth
it
,
is
the
right
of
patronage
pretended
to
be
gained
to
the
Colledge
by
vsurpation
;
that
the
error
in
the
name
is
,
as
I
conceiue
it
with
submission
,
a
materiall
error
,
and
that
many
Leases
haue
bene
auoided
,
and
Graunts
and
Writs
frustrated
vpon
such
error
;
and
againe
,
that
the
Lease
is
of
a
Benefice
presentatiue
,
and
for
an
vnreasonable
terme
of
yeares
,
and
with
reseruation
of
an
vnfit
allowance
for
a
fit
Minister
,
and
whereby
the
Glebe
of
the
Benefice
is
exchanged
and
alienated
,
and
that
M.
Alcock
by
his
owne
courses
bewrayed
the
testimonie
of
his
owne
conscience
against
himselfe
for
matter
of
conscience
;
and
that
there
is
not
any
exception
against
my
suite
for
the
ouerthrowing
of
the
Lease
,
but
hath
that
due
answer
which
may
cleare
it
from
aspersions
cast
vpon
me
and
it
,
and
then
let
iudicious
and
indifferent
men
,
not
interessed
in
this
businesse
,
or
in
the
like
case
,
censure
me
at
their
pleasures
,
so
as
it
becometh
men
that
loue
the
Gospel
,
and
the
Ministers
and
professors
thereof
,
and
with
respect
vnto
the
cause
,
not
vnto
my
person
.
I
am
not
,
nor
haue
bene
in
this
case
,
I
praise
God
,
willing
to
giue
offence
,
but
rather
much
desire
to
cleare
my selfe
from
any
offence
which
hath
bene
taken
any
way
.
And
if
I
be
not
partiall
in
my
own
cause
,
that
(
I
hope
)
may
satisfie
others
,
which
I
thank
God
doth
satisfie
my selfe
in
this
case
.
Howbeit
I
willingly
submit
all
,
onely
wishing
that
men
may
not
with
Iosephs
maister
be
too
credulous
,
especially
against
an
Elder
,
as
I
said
in
the
beginning
,
but
rather
may
beware
how
they
condemne
where
God
condemneth
not
.
If
I
had
not
out
of
many
reasons
bin
throughly
well
perswaded
of
the
goodnes
of
my
cause
,
I
would
not
for
the
world
haue
dealt
in
it
;
and
if
any
man
think
otherwise
of
me
,
God
forgiue
him
.
FINIS
.
FOR
THE
FARTHER
CLEAring
and
inlarging
of
some
passages
in
the
preceeding
APOLOGETIQVE
,
a
worthy
and
iudicious
friend
(
for
testimonie
to
the
truth
,
and
of
his
loue
to
the
memory
of
the
deceased
,
)
hath
beene
pleased
to
annex
AN
ATTESTATION
.
I
being
from
the
beginning
of
Do.
Airy
his
intermedling
in
this
suit
,
&
before
,
acquainted
with
and
of
Councell
in
this
cause
,
and
question
,
could
not
but
afford
to
this
narration
apologetical
,
the
affixing
of
these
points
,
partly
of
attestation
,
and
partly
of
addition
,
viz:
That
before
that
reuerend
man
was
either
Provost
of
Queens
College
,
or
Parson
of
that
Church
:
Mr
Shepheard
then
Incumbent
and
immediate
successor
(
as
I
take
it
)
of
Scot
the
vnhappy
and
vngracious
Lessor
,
made
Entry
into
and
clayme
of
the
Gleebe-land
to
the
said
Church
pertayning
or
some
part
thereof
.
Herevpon
a
Bill
was
exhibited
against
him
in
the
Chauncery
by
Izod
alias
Shillingford
(
if
I
mistake
not
his
name
)
being
the
first
Lessee
or
his
Executor
.
Shepheard
herevpon
came
to
me
requesting
me
to
bee
of
Councell
with
him
and
to
draw
his
Answere
,
which
I
did
:
But
so
poore
he
was
that
after
the
taking
out
the
Coppy
of
the
Bill
&
paying
his
Atturneyes
fee
,
his
purse
was
empty
and
therefore
I
was
of
Councell
with
him
in
Franckalmoigne
.
After
this
he
came
to
me
in
the
Countrey
requesting
me
to
moue
the
said
Colledge
being
then
Patrons
to
assist
him
with
their
purse
to
bring
the
said
Lease
to
trial
,
telling
me
that
he
had
Mr
Plowd●ns
opinion
for
the
auoyding
thereof
:
I
did
accordingly
moue
Mr
Doctor
Robinson
then
Prouost
,
to
that
purpose
:
but
the
Answere
that
I
receiued
was
,
that
if
he
would
resigne
or
when
the
Church
should
become
void
,
the
Colledge
(
presenting
an
able
Preacher
)
would
be
at
Cost
in
the
suite
:
but
not
for
him
,
who
was
eyther
Potentia
or
actu
no
preacher
,
or
to
this
effect
in
substance
:
it
being
hard
to
relate
phrases
and
syllables
twentie
yeares
after
,
for
so
long
I
take
it
to
be
.
Thus
Mr
Shepheard
hauing
but
30
poundes
per
annum
bare
rent
for
him
his
wife
&
Children
was
glad
to
sit
Downe
and
let
the
Title
of
the
Lease
rest
for
want
of
ability
to
proceed
in
suit
.
After
this
the
said
Lease
(
in
parte
at
least
(
viz
:
for
one
or
two
[
*
](A14091-e2900-b)
*
Morecor
&
Fencot
to
my
remembrance
.
villages
within
the
parish
)
was
offered
to
be
sold
to
Mr
Temple
then
of
Water
Eaton
,
now
Sr
Thomas
Temple
,
who
wanting
provision
of
Come
to
his
house
as
it
seemed
was
willing
to
haue
bought
it
,
lying
not
far
from
him
.
But
vpon
inquiry
finding
the
validity
of
it
to
bee
vnder
question
refused
to
deale
therewith
.
Mr
Alcocke
finding
it
not
currant
in
the
Countrey
,
after
gat
money
vpon
it
in
London
viz:
of
one
Mr
White
the
sume
of
500
pounds
vt
dicitur
,
and
this
was
as
I
take
it
immediatly
vpon
Shepheard
his
Death
or
in
his
last
sicknes
.
After
the
Death
of
Shepheard
Mr
Doctor
Airay
being
instituted
and
inducted
into
the
said
Church
,
before
any
suite
by
him
commenced
for
auoyding
the
said
Lease
,
The
said
Alcocke
exhibited
his
Bill
against
Doct.
Airay
as
knowing
the
time
was
come
for
bringing
the
validity
of
the
saide
lease
into
question
according
to
the
intention
and
purpose
of
the
said
Colledge
long
before
published
&
discouered
.
Therefore
he
now
sought
reliefe
in
equity
as
doubting
himselfe
his
strength
in
law
.
Doctor
Airay
on
the
other
side
aduised
in
my
presence
both
touching
the
point
in
lawe
,
and
touching
equity
with
two
ordinarily
comming
that
Circuit
and
others
,
men
of
as
great
note
for
learning
and
Iudgement
in
the
lawe
,
as
any
of
their
tyme
.
Their
Iudgement
was
▪
both
that
(
the
Lease
was
voyd
in
law
,
and
that
it
being
of
a
Benefice
▪
with
Cure
of
soules
,
Chauncery
nor
equity
would
neuer
vphold
it
.
Suite
was
therefore
hereupon
commenced
at
the
common
lawe
,
and
vpon
reference
before
it
came
into
the
King●
Bench
,
Sr
Thomas
Flemming
(
either
when
he
was
Lo.
chiefe
Baron
or
chiefe
Iustice
of
the
Kings
Bench
)
and
Mr
Iustice
Wal●iester
▪
certified
vnder
their
hands
the
same
opinion
in
Lawe
touching
the
invalidity
of
the
Lease
.
In
the
Kings
Bench
,
Mr
Iustice
Dotheridge
,
who
had
bin
of
▪
Alcocks
Councell
in
the
Exchequer
,
and
there
argued
for
him
,
yet
as
a
Iudge
in
the
Kings
Bench
,
gaue
his
opinion
against
the
lease
(
viz
:
that
it
was
of
no
validity
:
)
Adding
,
that
it
was
▪
as
like
to
Merton
Colledge
case
,
(
wherein
the
Lease
though
not
as
this
of
a
Benefice
was
adiudged
voyd
)
as
one
egge
to
another
.
These
things
thus
being
,
can
any
blame
Do
:
Airay
for
thinking
the
Lease
not
good
in
law
?
How
and
where
should
he
attayne
to
greater
knowledge
of
the
law
then
these
Counsellors
of
great
reputation
,
nay
then
these
three
Iudges
?
but
it
will
be
said
,
(
and
indeed
must
be
,
by
those
that
will
censure
him
as
faulty
here
.
about
)
that
although
the
lease
were
,
or
at
least
were
iustly
to
be
thought
,
voyd
in
law
yet
it
was
against
conscience
to
seeke
toavoyd
or
ouerthrow
it
.
Vpon
this
I
must
demur
,
For
this
then
wil
be
the
Case
:
A
leafe
is
at
this
day
made
by
a
Parson
,
&
confirmed
by
Patron
&
ordinary
,
which
yet
by
the
law
is
not
of
force
nor
validity
:
But
whether
the
Successor
of
this
Parson
be
not
tyed
by
Conscience
to
admit
this
to
hold
as
a
good
lease
,
R.
2.
Cap.
3.
to
be
;
That
the
Benefices
thus
endowed
,
should
be
giuen
to
honest
and
convenient
persons
,
for
the
seruing
and
honouring
of
God
diligently
,
the
keeping
of
hospitality
,
the
informing
and
teaching
of
the
people
and
the
doing
of
other
noble
things
pertayning
to
the
care
of
soules
.
This
is
the
Iudgement
of
the
wisedome
of
the
Land
viz:
of
the
King
,
the
Lords
spirituall
and
temporall
,
and
the
Commons
.
And
can
then
Conscience
speake
beyond
law
for
the
Diuersion
and
alienation
of
these
liuings
from
those
publique
and
pious
vses
yea
from
their
originall
Institution
to
supply
a
priuate
Kitchin
?
Let
vs
in
this
also
heate
the
voyce
and
Iudgement
of
the
whole
Realme
(
and
turpis
est
pars
quae
cum
suo
toto
non
conuenit
.
)
In
the
raigne
of
K.
H.
the
8.
Ao
32.
Cap
▪
28.
A
lawe
was
made
to
make
good
and
firme
all
Leases
for
reasonable
Terme
viz:
not
aboue
xxj
yeares
or
three
liues
of
lands
vsually
letten
made
by
any
,
seised
in
their
owne
rights
(
though
in
Tayle
)
or
in
the
right
of
their
wiues
or
of
their
Churches
so
as
the
old
&
accustomed
rent
were
reserued
.
And
what
then
for
Leases
by
Parsons
and
Vicars
who
are
seised
in
right
of
there
Churches
?
The
whole
Realme
thought
fit
these
should
be
excepted
and
not
bee
made
good
,
though
thus
for
a
reasonable
terme
as
by
the
Statute
appeares
.
But
it
may
be
said
that
yet
a
Parson
with
Assent
or
Confirmation
of
Patron
and
Ordinary
might
make
a
lease
for
any
long
terme
.
True
,
by
the
permission
of
the
Common
lawe
,
the
whole
trust
being
reposed
in
these
three
to
preserue
the
Churches
rights
and
possessions
,
and
so
also
might
the
whole
inheritance
be
aliened
if
they
three
all
concurred
.
But
this
was
neuer
approved
by
Parliament
:
but
contrariwise
as
knowledge
and
piety
more
increased
,
so
was
it
more
restrayned
and
suppressed
.
Therefore
Ao
13
Elizab.
which
was
shortly
after
the
Date
of
Scots
lease
,
were
two
Actes
made
,
the
one
against
long
Leases
by
Colledges
and
all
having
spirituall
liuings
branding
them
with
this
note
,
first
that
they
were
vnreasonable
.
2.
that
they
were
the
Cause
of
Dilapidations
.
3.
That
they
were
the
Decay
of
spirituall
liuings
and
Hospitals
.
4.
That
they
were
the
vtter
impouerishing
of
all
Successors
Incumbents
of
the
same
.
And
therefore
it
was
enacted
Cap.
10.
That
no
lease
of
such
or
like
liuings
other
then
for
xxj
yeares
or
three
liues
howsoeuer
or
by
how
many
soeuer
confirmed
should
be
good
or
of
force
.
And
least
yet
Parsons
and
Vicars
might
with
Confirmation
of
Patrons
and
Ordinaries
preiudice
the
Church
so
long
as
.
〈…〉
xxj
yeares
,
It
was
enacted
Cap.
〈…〉
Lease
by
such
should
be
good
or
of
force
longer
then
the
Lessor
should
continue
resident
,
without
absence
,
aboue
80
dayes
.
So
as
by
Death
of
Lessor
(
if
not
sooner
)
it
must
fall
to
ground
,
(
no
hurt
being
that
each
,
for
his
owne
tyme
of
life
and
residence
,
might
by
lease
,
for
the
better
applying
of
his
study
,
free
himselfe
from
husbandring
his
Gleeb
,
or
collecting
his
Tithes
.
)
And
this
Law
in
the
preface
expresseth
this
Cause
of
that
Provision
(
viz:
)
that
the
Liuings
appointed
for
ecclesiasticall
Ministers
,
may
not
by
corrupt
and
indirect
dealings
be
transferred
to
other
vses
.
So
that
this
making
of
Leases
is
termed
and
iudged
a
Transferring
from
the
originall
Institution
,
and
that
Transferring
is
by
the
Iudgement
of
the
Realme
a
corrupt
and
indirect
dealing
.
And
in
truth
this
Leasing
is
as
much
in
effect
or
hath
as
much
euill
in
it
as
an
Impropriation
for
the
time
,
&
the
time
in
our
case
being
aboue
80
yeares
,
is
of
no
smal
length
.
What
then
if
in
some
Cases
,
arte
and
ingeni●
,
as
one
Statute
speakes
,
a
practise
haue
beene
to
doe
this
eiull
eyther
by
long
lease
or
Impropriation
;
but
Digitus
Dei
being
in
it
hath
made
this
wicked
act
to
haue
a
gappe
or
flaw
left
,
and
to
fayle
in
some
circumstance
materiall
to
giue
it
force
in
.
Law
.
Must
the
Conscience
of
the
succeeding
Incumbent
helpe
to
make
vp
this
gappe
by
confirming
or
affirming
it
to
be
of
force
and
strength
and
so
admitting
it
when
lawe
hath
giuen
it
no
such
strength
?
What
is
this
but
vltimam
manum
apponere
to
approue
&
partake
in
the
wicked
acte
of
the
Predecessor
:
to
see
a
sacrilegious
person
,
and
as
the
Psalme
speaks
of
a
thiefe
to
runne
with
him
to
helpe
to
perfect
his
theft
,
and
locke
vp
the
doore
of
Restitution
,
which
the
Law
had
set
or
left
open
?
Nay
,
what
is
it
but
to
make
Conscience
opposite
to
,
&
to
giue
ayd
and
assistance
against
the
end
and
Institution
of
Benefices
,
viz:
the
diligent
seruing
and
honouring
of
God
,
keeping
of
Hospitality
,
the
reaching
of
the
people
,
and
doing
other
noble
things
appertayning
to
Cure
of
Soules
as
that
Statute
.
3.
R.
2.
speaks
:
nay
,
to
be
helpful
to
that
which
is
vnreasonable
,
a
cause
of
dilapidations
,
and
decay
of
spirituall
liuings
,
yea
a
corrupt
and
indirect
transferring
of
them
to
forraigne
vses
,
as
we
heard
the
Statute
.
13.
Eliz
▪
speake
;
yea
an
exposing
of
the
people
to
the
seducement
of
Iesuits
&
priests
,
&
to
their
reconciling
of
them
to
the
Sea
of
Rone
absoluing
&
dischardging
of
them
from
all
obedience
duty
and
Allegiance
towards
their
Soueraigne
,
and
so
preparing
them
for
vnnaturall
and
daungerous
rebellion
,
which
the
same
Statute
cap.
2.
declares
to
be
the
effect
and
Consequence
of
the
want
of
good
Instruction
occasioned
by
the
diversion
of
the
pastorall
maintenance
.
Now
if
any
wil
make
conscience
so
vnconscionable
as
to
play
this
part
he
deserues
,
monstrari
et
dicier
his
est
,
euen
to
be
poiuted
&
wondred
at
.
Yet
let
none
wilfully
mistake
or
peruert
my
words
:
I
say
not
that
Conscience
should
goe
so
farre
as
to
pull
Downe
and
ouerthrow
such
leases
if
they
haue
their
full
strength
force
and
perfection
by
law
:
Factum
valet
quod
fieri
non
debuit
.
In
such
case
only
perhaps
an
act
of
Parliament
may
iustly
demolish
this
lewd
edifice
and
building
.
But
I
say
where
the
Lawe
vpholds
it
not
,
suppose
only
a
Deed
written
signed
&
sealed
but
wanting
Deliuery
,
or
confirmed
by
Ordinary
&
not
by
Patron
,
or
by
Patron
&
he
within
age
,
or
the
Patronage
entayled
,
or
bee
it
otherwise
Defectiue
,
Conscience
I
say
rightly
guided
must
reioyce
that
the
Lawe
hath
not
giuen
it
full
strength
,
and
not
either
belye
the
Lawe
that
it
doth
make
it
good
where
it
doth
not
,
or
supply
that
strength
to
it
which
it
wanteth
in
lawe
.
Herein
therefore
no
blame
can
be
fastened
vpon
that
worthy
man
viz:
that
he
brought
this
euill
contriuance
of
a
Diuersion
from
good
&
holy
Institution
,
to
the
Ballance
or
Standerd
for
triall
.
And
Mr
Iustice
Crooke
Deliuering
his
opinion
in
lawe
for
the
Lease
so
expressed
his
conscience
,
that
it
was
pitty
if
it
could
not
be
avoyded
by
the
Rules
of
lawe
,
being
so
ill
and
so
vngodly
an
acte
.
If
any
shall
say
that
it
being
assigned
ouer
to
a
Purchaser
must
turne
the
winde
and
make
conscience
goe
on
the
Leases
side
,
hee
is
much
deceiued
;
For
then
euery
such
vnconscionable
lease
whereby
as
in
our
Case
euen
house
as
well
as
Liuing
shall
be
alienate
from
the
Parson
,
and
he
be
turned
to
an
Alehouse
for
his
food
and
lodging
,
made
one
Day
to
A
and
the
next
Day
assigned
to
B
(
nay
perhaps
made
to
A
for
that
purpose
to
bee
assigned
to
B
)
should
make
Conscience
turne
as
easily
as
the
wind
.
It
is
a
rule
of
law
in
such
Cases
caueat
Emptor
,
nam
nouisse
debuit
se
imemere
alienum
,
and
againe
,
Quod
in
initio
non
valuit
,
tractu
temporis
non
valebit
.
Nay
it
is
a
rule
both
of
Reason
and
Religion
,
Melius
vt
pereat
vnus
quam
vnitas
.
The
bodily
Death
or
Destruction
is
not
to
be
valued
with
that
of
the
Soule
,
as
was
taught
by
the
best
Master
that
euer
was
,
much
lesse
must
the
corporall
Provision
of
or
for
one
person
or
family
ouerweigh
and
supervalue
the
spirituall
provision
for
many
persons
,
many
Familyes
divers
Townes
and
Villages
,
nay
the
Kingdomes
safety
.
If
any
obiect
the
validity
in
Law
of
this
Lease
,
they
returne
to
the
first
point
and
blame
him
for
not
foreknowing
what
Iudges
would
resolue
better
then
his
Councell
,
which
to
doe
is
(
absit
indignatio
verbo
)
very
absurd
.
For
suppose
the
Vniversity
,
by
their
Councels
advice
,
try
in
law
a
Contriuance
of
a
Recusant
,
to
defeate
them
of
an
Advowson
,
or
Presentation
to
the
Church
,
and
that
the
Iudges
should
not
in
some
Case
conceiue
the
Statute
.
3.
Iacobi
,
to
reach
so
far
,
or
be
taken
so
liberally
as
their
Councell
(
being
of
great
ability
)
thought
:
it
rending
to
so
good
a
purpose
for
the
Churches
good
:
shall
the
Vniuersity
be
blamed
for
bringing
the
Case
to
triall
in
Law
?
Absit
.
Besides
that
as
many
Iudges
haue
(
as
appeares
by
the
premisses
)
beene
in
law
against
the
Lease
made
by
Scot
,
as
for
it
.
It
would
take
vp
a
great
deale
of
labor
and
paper
to
set
downe
the
many
Leases
and
Conueyances
which
by
severall
Iudgements
haue
beene
auoided
vpon
Mishaming
;
yet
in
this
Case
that
was
not
properly
the
point
,
but
the
Colledge
only
confirmed
as
Patron
,
where
the
Patronage
was
in
others
.
To
helpe
this
,
it
was
alleadged
,
that
by
a
wrongfull
presentation
the
Colledge
had
gayned
the
Inheritance
of
the
Patronage
as
by
vsurpation
.
And
to
auoyd
that
,
this
misnaming
was
stood
vpon
chiefly
in
this
wrongfull
presentation
.
Nay
a
case
is
in
one
of
our
late
Bookes
printed
,
of
a
lease
made
2.
Ed.
6.
of
a
Parsonage
Com:
Buck.
confirmed
by
Patron
and
Ordinary
,
and
yet
(
after
it
had
beene
enioyed
aboue
50
yeares
,
)
auoyded
by
Iudgement
&
euicted
from
the
sixt
or
more
remote
purchasers
(
without
any
reliefe
in
equity
,
)
I
will
not
say
vpon
a
nicer
point
then
was
this
in
our
Case
,
but
surely
to
mine
eye
&
apprehension
lesse
discernable
.
Thus
it
is
evident
that
iustly
no
scandal
nor
Imputation
can
for
this
matter
be
cast
on
this
reuerend
man
.
And
otherwise
he
was
doubtlesse
one
of
those
,
of
whom
:
St
Paul
sayth
,
Tales
in
pretio
habete
,
a
true
Labourer
in
Gods
haruest
,
one
that
sought
not
himselfe
,
nor
great
things
for
himselfe
.
Let
vs
therfore
honour
the
memory
of
such
,
&
feare
that
woe
denounced
against
them
that
call
euill
good
,
and
good
euill
.
T.
W.
FINIS
.