and did present Wickham his Clerk, who was inducted. But he says [213] further, That the Church being so full of the Incumbent, and Car. 1. so seized as aforesaid, the said Car. 1. by his Letters Patent, &c. bearing Date at Canbury, 19 Julii anno regni sui decimo quarto, quas idem Richardus hic in curia profert, ex speciali gratia, certa scientia, & mero motu, for himself, his Heirs and Successors, did give and grant cuidem Willielmo Theckston, adtunc armig' & postea milit', the Advowson aforesaid, to hold to him and his Heirs to the use of him and his Heirs for ever, prout per easdem Literas Patentes plenius apparet; by Virtue of which said Grant, the said Theckston was seized of the Advowson in Question ut de uno grosso, &c. And he being so seized, the Church became void by the Death of Wickham, posteaque ac eodem tempore quo superius in narr' præd' supponitur præd' Johannem Pierse usurpasse super præd' nuper Regem Car. 1. He the said John Pierse usurping upon the said William Theckston (to whom of Right it then belonged) did present the said Metcalfe, who was accordingly instituted and inducted, by which the said John Pierse was seized of the Advowson aforesaid; and being so seized, and the Church then full, he the said Theckston did by Indenture 18 Apr. 18 Car. 1. release to the said John Pierse and his Heirs all his Right, Title, Claim, &c. by which the said John Pierse became seized, and he dying seized, the same descended to the Defendant Richard as his Son and Heir, by which he became seized; and then the Church became void by the Death of Metcalfe, and continued void for a Year and half, and more, and by that Reason, Car. 2. to the Church so void, per lapsum temporis in defectu Patroni, Ordinarii & Metropolitani, jure Prærogativæ suæ Regia eidem Car. 2. devolut', did present Samways his Clerk, who was inducted, and afterwards died; and the Church being so void, the Defendant presented one Scroop, his Clerk, absq; hoc quod præd' nuper Rex Car. 1. obiit seisitus of the Advowson aforesaid, in Manner and Form as the Attorney hath declared; Et hoc paratus est, &c. unde petit jud' & breve Episcopo, &c.
Scroop pleads the same Plea, mutatis mutandis.
The Attorney General craves Oyer of the Letters Patent produced in Court, and they are read to him, and are to this effect: They recite, That Queen Elizabeth had by her Letters Patent, Anno 13. Regni sui, granted to the then Earl of Warwick all those Manors of Bedall and Ascough, &c. and all Advowsons and Rights of Patronage thereunto belonging, &c. rendring a Rent; and that Jac. 1. had granted the Rent to Sir Christopher Hatton & al', and that the said Manors and Rents by good Conveyances in the Law had come to Sir William Theckston, Knight, and that he then had and held the same to him and his Heirs; then 'tis, Know ye, That we for divers good Causes and Considerations, and of special Grace, &c. do ratify and confirm to him the said William Theckston and his Heirs, &c. all those, &c. then it follows, That whereas the said William Theckston, by [214] Virtue of the said Letters Patent, made to the said Earl of Warwick, and lawful Conveyance of the Premisses to himself made, doth claim to have the Advowson of the Church of Bedall aforesaid, according to the Tenour and Intent of the said Letters Patent; and whereas he the said King Car. 1. upon the Death of one John Petty, had by Lapse presented Wilson, and after his Death, the said Theckston claiming the Right of Presentation, the said King ad dictam Ecclesiam sic vacantem (ut ad præsentationem suam pleno jure spectant') had presented Dr. Wickham, and that the said Theckston, to recover his Right, had brought his Writ of Quare Impedit, upon which Issue was joined; That afterwards it was agreed between Theckston and Wickham, that Wickham should enjoy it during his Life, and that Theckston and his Heirs should have it quietly for ever after, prout ex informatione dicti Wickham nostri Capellani in ordinario accepimus; Nos igitur volentes, That the said Presentations of the said Wilson and Wickham, or either of them, or their or either of their Institution and Induction, should not hurt the said Theckston's lawful Right of presenting to the said Church for the future; and it is our further Intention, That the said William Theckston, his Heirs and Assigns, shall freely and peaceably have and enjoy the said Advowson of the said Church of Bedall, according to the Tenour and true Intent of the said Letters Patent, granted by the said Queen to the said Ambrose Earl of Warwick; any Defect or Defects in the same Letters Patent notwithstanding.
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