"or to some others, of the Pocessions of the said Ho"spitall, and utterly to destroy the said Patronage, and "decay the livings, which the said Maister and poore "People have heretofore, from tyme to tyme, had, and " receiv'd, thereof, to the perpetuall Dessolution of the "same, and seeketh to free and disburden himselfe of all "things of attendance, and residence, in the same Ho"spitall, and of doinge divyne Service and Common "Prayer therein, hath combyned and confederated him"selfe to that end, and purpose, together with one Tho"mas Robinson, John Noble, and Thomas Short, who,

or some of them, by practise and confederacy amonge "them had, have procured the said Hospitall, and all "the Lands and Pocessions thereof, to be passed and "graunted from her Majestie by her Highnes Letters "Pattents, as Lands and Tenements concealed from "her Majestie, under the yearly Rent of some small Fee"Farme therefore to be yeilded and answered to her "Majestie, her Heires and Successors, and thereuppon "the said Brewster hath beene a long space absent from "the said Hospitall, placeing himselfe aboute an hun"dreth Myles of distant from the said Hospitall, and "hath voluntarilye and willfully suffered the said Hospi"tall to fall into utter Ruyne and Decay for want of "Reperations; And the said Thomas Robinson, John "Noble, and Thomas Short, of intent to pocesse them"selves of the same Hospitall, and of all the Lands and " pocessions thereof, have now of late, (under colour of "the said Grant from her Majestie made of the said Ho"spitall, as concealed, assaforsaid,) utterly profained the " said Chappell of, and in, the said Hospitall beinge,

"and have defaced and carryed away all, or a great "part, of the Ornaments in the said Chappell beinge, "and have altered and chainged the same from a Chap" pell to be a Stable, or a Roame for theire Horses "and Cattell, to the great offence of the Inhabitants "neare thereabonts adjoyninge, and contrarye to all " Law, and Equitie, and good Conscience, seinge, as "the same Hospitall was never lawfully dissolved, butt "from tyme to tyme 3 enjoyned by severall Incumbents, "collated thereunto either by her Majestie, or her High"nes Progenitors, in the Vacation of the said Sea, and " by the Archbishops for the time beinge the Sea beinge "full, and the said Robinson, Short and Noble do threa"ten and give out in Speeches, that they will very "shortly pull downe and quite deface the said Hospitall " and Chappell, and all the Howses and Buildings to the "same appertayninge, and to committ and imploy them "to theire owne uses, and do shortly intend utterly to "spoyle and destroy the same, unlesse some speedy re"medie be by your Honours meanes shortly had, and "provided, for redresse and reliefe in this behalfe, in " consideration wherof, and for so much as all the said "Misdemeanours, Outrages and Profanations, have bene " attempted by the said James Brewster, Robinson, Short " and Noble, under pretence of the said supposed Pur"chase, grounded upon a Concealement, as aforesayd, "whose Abuses, Prophanations, and Practises, be most "aptly to be examined, heard and determined before "your Honors, and in this honorable Court of her Ma"jestie's Exchequer-Chamber, the rather that it shal be " made manifest in this honorable Court, as well by Re

"cords, as other wise, that the same Hospitall is not, "nor ever was, dissolved, wherby the said pretended "Graunte in Fee-Farme of the said Hospitall from her "Majesty so procured, as aforesaid, is mearely voyd, and "of no force or effect: And for that the said James "Brewster, for his longe Absence from the said Hospi"tall, and other lewd Demeanors, is, and standeth, de"prived of the said Hospitall: And to the intent that "the said Archbishop, beynge the Patron and Ordinary "thereof, may have the said Outrages and Abuses afore"said reformed, and severely punished, accordynge as "the Qualitie thereof deserveth, and that Reformation "therof may be shortly hadd, accordynge to the Foun "dation of the same, as to his charge appertayneth; "May it, therefore, please your Honors, not only to "graunt unto the said Archbishop the Queene's Maje"stie's most gracious Writ of Injunction to be directed "to the said James Brewster, Thomas Robinson, John "Noble and Thomas Short, commaunding and enjoyn"inge them, and every of them, under a certayne payne, "and by your Honors to be limited, peaceably and quiet"ly to permitt, and suffer, such Person, and Persons,

as the said Archbishop hath, or shall at any time here"after collate, to the said Hospitall, and all others in "their, and every, or any, of their, Rights, to have, "hold and enjoye the quiet possession of the said Hospi"tall, and all the Howses, Buildings, Lands, Tene"ments and Hereditaments to the same belonging; And "also that the said Robinson and Short doe forthwith "repaire againe, and restore, all such things, as they, or "either of them, have, or hath, taken away forth of "the said Chappell, and not to attempte, goe about to "alter, spoile or deface the same in any respect, nor to Vol. II.

N

"in

"interrupte, or disturbe, any Persons collated by the " said Archbishop into the said Hospitall, or their under"assignes, nor to commence any suite concerninge the "said Hospitall, or any the Possessions therof, in any "Court whatsoever, untill the same matter shall have "receyved a fulle hearinge and order before your Ho"nors, accordinge to Right, Equitie, and good Con"science; But also to graunt unto the said Archbishop "the Queene's Majestie's most gracious Writt of Sub" pœna, to be directed to the said James Brewster, Tho"mas Robinson, John Noble and Thomas Short, com"maundynge them, and every of them, therby, at a "certayne day, and under a certayne payne, therin by "your Honours to be limited, to be personally appeare " in the Queene's Majestie's Exchequer Chamber at West"minster, then and there to answer unto the Premisses, " &c.

The severall Demurrers and Answer of Thomas Robinson, one of the Defendants, to, and upon, the Bill of Complaint of the Right Reverend Father, John Archbishop of Yeorke, Complainant.

"Boucher cum

" querente. "Pond cum dee

"fendente.

"The said Defendant saith, by the advise of his "Councell, that the said Bill of Complaint is not only "insufficient, to put this Defendant to answere unto, for "sundrye Imperfections there appearinge, but also saith,

Sic.

" that

"that the said Complainant neither ought to be prive"leged in this honorable Court, to sue, molest or im"pleade her Majestie's Fee-Farmer or Tenant, in preju"dice and disadvantage of her Majestie, and to the losse "and avoydance of her Majestie's Fee-Farme, now an"swered, and hereafter to be answered, unto her Ma"jestye, in respect wherof this Defendant doth demurr, " and abide in Lawe, upon the said Bill, and demaund"eth Judgement, whether this Defendant be compella

ble to answer unto the same Bill? Neverthelesse, if "this Defendant, by speciall order of this honorable "Courte, shal be overruled, or awarded, to answer to "the said insufficient Bill, then, and not otherwise, the "Benefitt and Advantage of Exception unto the Uncer"taintye and Insufficiency of said Bill unto this De"fendant both now and hereafter beinge saved, he the " said Defendant, for Answer and plaine Declaration of

a truth in, and touchinge, the Matters in the said Bill "suggested, saith, that the said Hospitall, and the Lands " and Tenements thereto belonginge, were justly and "lawfully vested in her Majestie, as in the right of her "Majestie's Crowne of England, by reason whereof her "Majestie was, or of right ought to have beene, seized "in her Demeasnes as of Fee, as in the right of her "Crowne aforesaid, albeit the same of longe tyme had "been concealed, and unjustly withholden, from her "Majestie, which, by the industrie, and at the charge "and procurement of this Defendant, was founde out "to be concealed from 2 from" her Highnes, and so "seized, her Majestie, by her Letters Pattents, under "the great Seale of Englande, dated the two and twen

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