jo8 THE LIFE OF
He also denieth, that against his priestly Word given, in verbo sacerdotis ,he did put Mr. Rivets, tho’ he was the true and right Patron to a chargeableSuit, to evict, the Incumbent. For Proof whereof, he referreth himself tothe Records in Chancery, where the said Rivett having put in a Bill againstthis Defendant with the said false and -scandalous Imputation of breakinghis priestly Word, the Court first caused the said Words to be expungedand erased out of the Bill, and afterward upon a Demurrer did cast outthe Bill itself also.
Mr. Chute was of Counsel for this Defendant in it.
The Cafe was this. To the Parsonage of Beldejlon, Mr. William Rivettpresented Jo. AJhley Clerk ; before Admittance was given to him, George An-ton enter’d a Caveat for his Interest, and then presented John Cornelius Clerk jupon a Day appointed the Parties appeared before this Defendant, and it wasat large pleaded by Mr. Fountain for Mr. Rivett, and by Mr. Hoburn for Mr.Anton : The Rectory proved to be appendant to the Manor, and the pre-tending Patrons were now in Suit about the said Manor. Rivett pleadeda Cease of ioq Years. Anton produced a Defeasance upon condition of pay- Iing 2,000 1 , which he pleaded was all paid within 140/. many other Excep- jtions were alledged by Mr. Fountain, but so fully answer’d by Mr. Hoburn, Ithat (in this Defendant’s Apprehension, the true Right seemed to be in Anton, !So they rose up, the Bishop saying, that now he had heard what could be (feid by their Counsel, he would consider of it, and (if need were) advise with ;fiis own Counsel about it; for he claimed nothing but the Right of iInstitution. i
They craved not any Writ, de jure patronatus : nor did either of themmake it appear who presented last: but both Parties promis’d, that in themean while they would rest, and not bring any Writ of ne admittas. Whenthe Company was departed, this Defendant shewed to Mr. Fountain andMr. Rivets % Brother, the Reason, why Rivett 's Clerk was not admitted at first,before Anton came in for his Right, viz. that he had received three Cer-tificates from Mr. Stubbin a Minister in Suffolk, charging Mr. AJhley with In-conformity and sundry other Misdemeanours, besides many Complaints for-merly made against him at the primary Visitation: all which when Mr.Fountain had read he profesied that he would write to Mr. Rivett, and causehim to change his Clerk, if the Bishop would not proceed in the while.
To whom this Defendant replyed, I know not how long you may stay jbut you know that I said erewhile to you both, and you may be assuredupon my Word, that Notice Ibast be given to you before 1 will do any thing.Other Promise or in other Words, he made none.
The next day being informed, that (contrary to Promise) they were bring-ing a Writ of ne admittas against Cornelius, this Defendant sent unto Weft-minjhr-Rall, to tell Mr. Fountain thereof, and to shew that he took it so 'ill,as that he now held himself free from any kind of Promise, and would ad-mit Anton’s Clerk to whom the Right (as he conceived) appertain’d, unlessthe laid Mr. Fountain, would take it upon him that no Writ of ne admittas jshould be brought, but if he would promise, that then this Defendant would jstill forbear, and have the Cause again sifted. Answer was brought, that !Mr. Fount am disavowed the Knowledge of any such Intention to bring it,but yet, bang urged, did plainly refuse to undertake, that no Writ shouldbe brought: whereupon Anton's Clerk was admitted.
As for I hings in Suit, the said Cornelius and Ashley ’ carhe to a voluntaryComposition touching all Demands; and so Cornelius luffer’d a Judgment to jpals, and AJhley had the Benefice, and the said Mr. Rivett was bv the said j
Cornelius lo well satisfied, that he gave him his Bond that he should enjoy j
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