To the most Honourable Assembly of the Commons House of Parliament.  
A Brief of the Petitioners Cause.  
Charles' Brag sometimes Parson of the Church of Stalbridge of 27. pound 4. shillings value in the King's Books, did before the Stat. of 13. Eliz: (as the Earl of Castle-hauen pretends,) Lease the rectory of Stalbridge aforesaid, to Henry Audley for 61. years, which Lease was after the said Statute confirmed by Geor Lo. Audley the now Earl of Castle-havens Father then Tenant in tail of the Aduouson of the said Church, And confirmed also by the the L. Archbishop of Cant. During the time the Bishop of Gloucester held the Bishopric of Bristol 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. JACOBI 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 (_____ than both Patron and Lease as aforesaid of the said Church and rectory upon condition that he the said Alan Bishop should resign the said Benefice of Stalbridge within six Months after warning given. 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 entered into finding the said presentation defective was by the means 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. Chancellor's presentation under the broad Seal, Ratione lapsus, The Patent of presentation containing in the body thereof these words, (Rogantes etc.) and in the foot thereof these words. Per Dominum Cancellarium Angliae, And for the obtaining of the said presentation the said Alan Bishop made a counterfeit Certificate, in his own hand writing, and thereby informed that the said Church of Stalbridge was but 17. pound value in the King's Books and in the Lord Chancellor's right and gift.  
Afterwards the said _____ and Alan falling out, the said _____ by a writing under his hand and seal bearing date the 14. day of April in the 14 year of his Maieiesties' reign etc. Warns the said Alan to resign according to the Conditions of his bonds before specified, whereupon the said Alan gave way under his hand and Seal to any faithful Minister that would accept of the said Benefice, and acknowledged the same to be void, and so the said Simony and lapse came to light.  
Then Caleb Morley in May next following upon his Majesty's own 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 having in the body thereof these words (Mandantes etc.) and in the foot thereof these words, Per Breve de Privato Sigillo. And afterwards the now Earl of Castle-havens Father viz. George Lord Audley who confirmed the said Lease as aforesaid died.  

The Questions upon the whole Precedent matter are Two.  
I. Whether Morley or Alan Bishop be lawful 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 void when his Majesty presented the petitioner Morley, and not full (as is supposed) for Alan Bishop, was never Parson there for Two Causes,  
1 He the said Alan Bishop was for ever disabled for the same Benefice by reason of his simonical Contract as aforesaid, as may appear by the Statute against Simony as followeth. If any person shall or do for money reward, gift, profit or benefit directly or indirectly, or for or by reason of any promise, agreement, grant, bond, Covenant, or other assurance directly or indirectly present any person to any Benefice with Cure, that every such Presentation shall be utterly void; And the person so corruptly taking, procuring, seeking or accepting any such Benefice, shall thereupon be adjudged a disabled person in Law to have or enjoy the same Benefice. And the said Alan Bishop hath been sentenced and deprived for the said Simony, by seven Reverend Bishops, and seven others in his Majesty's Court of High Commission;  
2 The said Alan Bishops presentation is void also by deceiving the King in his Grant; 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 King's Books, and in the Lord Chancellor's right and gift as aforesaid, and so obtained a Presentation under the broad Seal by the warrant of the Lord Chancellor, whereas in truth the said Parsonage is 27. pound 4. shillings value in the King's Books, and therefore in the peculiar and immediate gift of his Gracious Majesty, and beyond the Lord Chancellor's power and gift.  
The late Honourable Lord Chancellor Egerton acknowledged in open Court that Morley was rightful Parson of the said Benefice, and granted the Writ De vi laica removenda to settle him in quiet possession, which possession was further also confirmed for Morley by a Verdict, judgement and Execution to the value of 20. l'. against the said Earls Bailiff, for taking and carrying away his Tithes, in his Majesty's Court of Kings Bench.  
And whereas it is alleged that the opinions of some of the judges are against Morley; their opinions were grounded upon 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 known to the now Honourable Lord Treasurer, his Lordship did acknowledge thereupon that the King was deceived in his grant, and the grant void as aforesaid. And further how ever the pretence be, it will appear, that it is but one of the said judges that gave and holdeth the said opinion, all being done likewise, without hearing Morley or his learned Counsel.  
And whereas it is alleged that a verdict did pass against Morley's Leasee for 4. l'. that was by the evidence of Alan Bishop the said convicted and deprived Simonist being a principal party, who against his Oath upon Record in the Hon. Court of Chancery, and High Commission testified against the said Morley. And it was by a judge who should have given the said Morley the benefit of the Law before (whereby, his Majesty's Title had never come in further question) but did not, being requested and required thereunto, and again the said judge gave his opinion without hearing against the King and his right & Title, etc.  
The King's grant must be taken a● intentionem non ad deceptionem. 1. H. 7. 13.  
And if the King grant upon false Suggestion or Information, this shall be taken more strongly for the King and strictly against the Patentee.  

REASONS in equity against Alan Bishops Presentation by the warrant of the L. Chancellor.  
1 If this case shall be made good for Alan Bishops Presentation, the King and his Successors will lose their right & prerogative and this will be the leading Case.  
2 The Lord Chancellor by the same reason may give all the Church livings the King hath.  
3 The Lord Chancellor's Warrant may give any thing the King hath.  
4 By the self same reason meum and tuum shall be all one.  
5 Alan Bishop (a deprived Simonist) shall be rewarded for his deceit, and others encouraged to do the like.   
To the Second is Answered that the said Earl hath not a good Lease in Law of the said Parsonage for these Reasons.  

1 The said Earl can set forth no Title to the said Lease. 35. H. 6. 6. & 7.  
2 The Patron confirming being but Tenant in Tail, 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. (Seed Bristol vacant) could not confirm but during his supposed Gardianship at the most. 20. Ed. 4. 2. Rastal 514. Wards § 9  
● The said Archbishop was not then Guardian of the said Church, but the Bishop of Gloucester, viz. Cheiney, who then held the Bishopric of Bristol in Commend.  
5 The reversion being in the Crown, the Queen viz. Eliz: aught likewise to have joined in the Confirmation with the Patron aforesaid. judged in the Duchy.  
6 The said Lease was Antedated about two years before the said Brag came to be Parson there, that so made or Antedated the said Lease.   
Yet by colour of this Lease the Glebe lands are made away from the Church into the said  
Copieholds for lives having but a pretended estate of 10. years.  
And the Petitioner Morley still remaining Parson of the said Church for these five years' space, hath nothing to supply the Cure, being disposest of the profits thereof by an Injunction given with out hearing.