1833.

MIREHOUSE

v.

RENNELL.

after whose death, to wit, on the 23d day of April, in the year last aforesaid at Boston aforesaid in the county aforesaid, the said Thomas Rennell, was lawfully admitted, instituted, and inducted prebendary of the said prebend or canonry, with its appurtenances to which, &c., whereby the said Thomas Rennell then and there became and was seised of and in the said prebend or canonry, with its appurtenances to which, &c., in his demesne as of fee in right of the said prebend or canonry, and the said Thomas Rennell being so seised the said church, afterwards, to wit, on the 1st day of June, in the year of our Lord 1821, at Boston aforesaid, in the county aforesaid, became vacant by the death of the said Rev. William Dodwell, clerk, the late parson and incumbent thereof, and still is vacant, whereby it then and there belonged to the said Thomas Rennell to present a fit person to the said rectory of the said parish church so being vacant as aforesaid, and the said Frances Henrietta further saith, that afterwards, and whilst the said church was so vacant as aforesaid, to wit, on the 30th day of June, in the year last aforesaid, at Boston aforesaid, in the county aforesaid, the said Thomas Rennell died intestate, so seised of and in the said prebend or canonry, with its appurtenances to which, &c., in his demesne as of fee in right of the said prebend or canonry, without having presented any person to the said rectory of the said parish church, after whose death, and whilst the said church was so vacant as aforesaid, to wit, on the 22d day of July, in the year last aforesaid, at Boston aforesaid, in the county aforesaid, administration of all and singular the goods, chattels, and credits which were of the said Thomas

Rennell, deceased at the time of his death, who died intestate, by the Right Reverend Father in God, Charles, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, was in due form of law granted to the said Frances Henrietta, whereupon and whereby it then and there belonged, and now belongs, to the said Frances Henrietta, as administratrix as aforesaid, to present a fit person to the said rectory of the said parish church so being vacant as aforesaid, and which is still vacant, but the said Bishop of Lincoln, and the said Thomas Henry Mirehouse, and William Squire Mirehouse, unjustly hinder her from presenting a fit person to the said rectory of the said parish church, whereupon the said Frances Henrietta, administratrix as aforesaid, saith that she is injured, and hath sustained damage to the value of 1000l., and therefore she brings her suit, &c. And the said Frances Henrietta brings into Court here the letters of administration of the said archbishop, which give sufficient evidence to the said Court here of the grant of administration to the said Frances Henrietta as aforesaid, the date whereof is a certain day and year, to wit, the day and year above in that behalf mentioned, &c.

The Defendants pleaded as follows:

And the said Defendant George Bishop of Lincoln, by William Gillmore Bolton his attorney, comes and defends the wrong and injury, when &c. and saith that the said rectory of the said parish Church of Welby is within his diocese of Lincoln, and that he hath nothing, nor doth he claim to have any thing in the said rectory of the church aforesaid, or in the advowson of the same, except

1833.

MIREHOUSE

V.

RENNELL

1833.

ན་།།ལག་ MIREHOUSE

BENNELL.

only the admission, institution, and induction of the rectors to the same rectory and parish church, and all such other things as belong to the ordinary as ordinary of that place, and this he is ready to verify, wherefore he prays judgment if the said Frances Henrietta without assigning some special disturbance in the person of him the said bishop, ought to have or maintain her said action against him, &c.; and the said Defendants Thomas Henry Mirehouse, clerk, and William Squire Mirehouse, clerk, by William Gillmore Bolton their attorney, come and defend the wrong and injury, when, &c., and say that the said Frances Henrietta ought not to have or maintain her said action against them, because they say that after the said Thomas Rennell had so died, without having presented any person to the said rectory of the said parish church, and whilst the said church was so vacant as aforesaid, to wit on the 19th day of July in the year last aforesaid, at Boston aforesaid, in the county aforesaid, he the said Defendant, Thomas Henry Mirehouse, clerk, was lawfully admitted, instituted, and inducted prebendary of the said prebend or canonry with its appurtenances, to which said prebend or canonry, the said advowson with its appurtenances then belonged and still belongs, whereby he the said Thomas Henry Mirehouse then and there became, and was seised of and in the said prebend or canonry with its appurtenances, to which, &c., in his demesne, as of fee in right of the said prebend or canonry, and whereby it then and there belonged to him, to present a fit person to the said rectory so being vacant as aforesaid; and the said Thomas Henry Mirehouse and the said William Squire Mirehouse further say, that, he the said Thomas

Henry Mirehouse so being such prebendary as aforesaid, and so being seised of and in the said prebend or canonry with its appurtenances, to which, &c.; afterwards to wit on the 26th day of September in the year last aforesaid, at Boston aforesaid in the county aforesaid, presented to the said Church of Welby being then vacant, the said Defendant William Squire Mirehouse his clerk, for the purpose of his being admitted, instituted, and inducted into the same; but which said admission, institution, and induction have been hindred and prevented by His Majesty's writ of Ne Admittas to the said Defendant Lord Bishop of Lincoln in that behalf directed, for which reason the said Thomas Henry Mirehouse hath prevented the said Frances Henrietta from presenting a fit person to the said church, and this they the said Thomas Henry Mirehouse and William Squire Mirehouse are ready to verify, wherefore they pray judgment if the said Frances Henrietta ought to have or maintain her aforesaid action thereof against them, &c., and they also thereupon pray a writ to the said Bishop, &c.

The replication and demurrer were as follows: And the said Frances Henrietta, as to the plea of the said bishop, (inasmuch as he hath not, nor claimeth to have any thing in the church aforesaid, or in the advowson of the same, except only the admission, institution, and induction of the rectors to the same rectory and parish church, and all such other things as belong to the ordinary as ordinary of that place,) prays judgment against the said bishop, and a writ to the said bishop, &c. Therefore it is considered, that the said Frances Henrietta recover against the said bishop her pre

1833.

MIREHOUSE

V.

RENNELL

sentation to the said church, and that she have at writ to the said bishop, that, notwithstanding his disclaimer, he admit a fit person to the said church on the presentation of the said Frances Henrietta, and the said bishop is not amerced because he hath excused himself of any particular disturbance, but let execution thereof be stayed until the said plea between the said Frances Henrietta and the said Thomas Henry Mirehouse and William Squire Mirehouse, be determined, &c. and the said Frances Henrietta as to the plea of the said Thomas Henry Mirehouse, and William Squire Mirehouse, by them above pleaded, says, that the said plea, and the matters and things therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law to bar or preclude her the said Francis Henrietta from having and maintaining her aforesaid action against them the said Thomas. Henry Mirehouse and William Squire Mirehouse, and that she the said Frances Henrietta is not bound by the law of the land to answer the same, wherefore for want of a sufficient plea in this behalf the said. Frances Henrietta prays judgment and her damages by reason of the hinderance aforesaid, together with a writ to the said bishop to be adjudged to her, &c...

3

The Defendants joined in demurrer.

The Court of Common Pleas as of Michaelmas Term 1825, gave judgment that the Plaintiff take nothing by her writ against the bishop, and Thomas Henry Mirehouse, and William Squire Mirehouse, and that she be in mercy for her false claim against them; and that the bishop, and Thomas Henry See 3 Bing. 223.