"of lawfully seyzed, and have the Interest thereof in "them yet remayninge; Or that the Defendants can "have any lawfull Assurance of the said Hospitall at "their hands; Or that the said Hospitall and Lands at any at any time were appropriated and anexed unto "the said late Monastery of St. Oswald's, and, as Par"cell of the Possessions thereof, came unto the hands of "the late Kinge Henry theight, as in the said Answer is "surmised; Or that the said Lands, belonginge to the "said Hospitall, were ever given and appoynted to any superstitious uses, and dissolvable by any Law, and "have beene ever since wrongfully detayned from her (6 Majestie, and her noble Progenitors, untill the Title "of the same was, by this Defendant's Industrye and Charge, remedyed and brought to light; Or that it is "true and materiall, wheather, within the Distance of "lesse then a Mile to the said Hospitall, there are three "severall Churches and Chappells, where Divine Ser"vice is orderly and duly said, or no: as though no "Church may be within a Mile of a Hospitall, but the "same Church must be a cause to dissolve the Hospitall, "For then almost all the Hospitalls in this Realme "should be dissolved, if, by that reason, the same might "be dissolved. And without that, that any other Mat❝ter or Thinge, alledged in the said Demurrer and An"swer of the said Defendant, is materiall or effectuail in "Law to be replied unto, and herein before not sufficiently confessed and avoyded, &c. all which Matters &c.

Samle 1591.

'Dele.

The

"The Rejoinder of Thomas Robinson, Defendant, "to the Replication of the right Reverend Fa"ther in God, John Archbishop of Yeorke, Com "plainant.

"Boucher pro querente.

"Pond cum "defend.

"Eborum.

The saide Defendant, for Rejoynder, "l first, as touchinge the saide Complanante's Priviledge, "to sue in this honorable Court, saith, as in his De"murrer and Answer before he hath said; And further "saith, that neither in respect of the Plantif's beinge "Collector of the annuall Tenthes, Subsidies and other "Duties, payable to her Majestie, he is not, neither ought to be, priviledged, to sue in the same Court, "specially no such cause of Priveledg beinge in the Bill "sett forth; and much the rather also this honorable "Court, as the cause now standeth, ought not, under "favor, to relieve the said Complainant, if his pretend"ed Bill were true, as it is not, for that, by the Com"plainant's owne shewinge, the same doth, and shoulde, "tende to the losse and disherison of her Majestie of, "and for, the said Fee Farme Rente, reserved upon the "said Pattents, which this honorable Court useth not to "do; And for further Rejoynder saith, that, albeit the "said Howses and Lands, now in question, have beene

tearmed by the name of an Hospitall, yet the same "Howses, in truth, were but a Chappell, and a dwell(6 inge House for the Chaplen, which Chapell, House "and Lands, at the time of the Dissolution of the said 66 Monastery, and time out of minde before the Dissolu

❝tion,

tion, were parcell of the Possessions of the said dissol"ved Monastery of St Oswald's, and, by reason of the "Dissolution of that Monastery, and by vertue of the "Act of Parliament in that behalf made, and enacted, "the same, amonge other the Possessions of the said Mo" nastery, came to the hands of the late Kinge Henrye "the eight, from whom, and from all his Successors "after him, untill now of late, the same Premisses, now "in question, have beene, and were, injustly concealed, detayned and withhoulden, as by divers credible Wit(< nesses and Testimonyes, as well by Records, as other"wise, shal, in that behalf, be made manifest unto this "honorable Court, notwithstandinge all the resolute "tearmes used in, and by, the said Replication, to the "disgrace of this poore Defendant's Title. Without that "the Plaintif hath beene relieved, in any such cause, against any such Purchasser of any such Concealements, as the Plaintif in his said Replication hath supposed "and suggested: And without that, that the Defendant, "by any untrue Surmises, hath obtayned the Fee-Farme "of the Premisses, now in question, as the said Plantif, "in his said Replication, hath suggested; this Defendant further saith, and will averr and prove, that ther is "good, and sufficient, cause, why this Defendant should "derive from, and under, her Majestie, greate and law"full Title and Estate in, and to, the Premisses. And "further saith, the same Premisses were appropriated and "anexed to the said late Monastery, and were Parcell "of the verye Possessions of the same, and, by reason of the Dissolution of that Monastery, and other the Pos"sessions of that Priory, ought to have comde into the

1 Sic.

I

"hands

"hands of her Majestie's late Father, Kinge Henry the

eight, and so, consequently, were lawfully vested in "her Majestye that now is, from whom the same Pre"misses, now in question, are lawfully conveyed and "" passed in Fee-Farme, as before, in the Answer, is plain"ly, and truly, alledged and confessed. Without that

also, that this Defendant will averr, and prove, that "ther are three severall Churches and Chappels, wherin "Divine Service is orderly, and duly, saide, within a "Mile of the sayd pretended Hospitall, and, therfore, "the Suggestion of the Concealement in his said Bill "I most untruly, in that he doth therein affirme, that Di"vine Service was duly said in the said Hospitall, the "Plantif hopinge therby to gaine more favour in this ho❝norable Court toward the Plantife's pretended Title, "which one moved the Defendant to inserte in his An"swere, that there are three other Churches, or Chap pells, within a Mile distand to the said dissolved Ho"spitall and Chappell, now in question, and not for any "such purpose, as the Plantife's Councell untruly hath

inferred.

2.

"And without that, that any thinge els, in the Re"plication specified, and herein not sufficiently rejoyn"ed unto, confessed and avoyded, traversed or denyed, "is true. All which Matters this Defendant is, and will "be, ready to averr, and prove, as this honorable Court "shall awarde, and therupon demandeth Judgement, "and prayeth, as before in his Answere he hath prayed.

Will. Winter.

1 Sic. Sic.

The

The Coppie of a Letter from the Lord Archbishop
John, before his Death, to the right honourable
The Lord Treasurer of England.

"My very good Lord, your honorable and godly care "for the Maintenance and Protection of Poore Hospi"tals, which, by good experience, I have founde here. "tofore, maketh me the more bolde, to become Suter "unto your Lordship, for your Favour towards the Ho"spital of Bawtrie, in Nottingham shire; the Patron

16

age wherof belongeth to the Archbishop of Yeorke, "and the Title is to be examined and tryed before your Lordship in thexchequer Chamber this Tearme. There "have beene often Injunctions, by your Lordship's good meanes, for Possession to be yeilded to the Clerke, up"on whom I have collated the same: but they could "seldome, or never, yet take any effect. And so I com "mende the Cause to your Lordship's charitable Consi"deration, and your Lordship to the mercifull Protection "of the Almightye, at Bishopthorpe this 27. of April "1593.

"Your good Lordship's in Christ assured to "commande

Jo. Eborum.

I also finde divers Orders and Motions concerninge this Triall, a Commission graunted for Examination of Witnesses, Publication graunted upon the Returne of the Examination of the Witnesses, and stayed in respect of the Death of the Lord John Archbishop, but after the Lord Archbishop Mathew, his Successor, exhibited his Bill of reversion, thereupon the matter came to hearinge.

I

! Matthew Hutton.

The