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THE CASE OF DR. JOHN JONES RESPONDENT, Upon the APPEAL of WILLIAM BEAW, &c.
THE Office of Chancellor, Principal Official, and Vicar-General of the Bishop of Lan∣daffe was, and is an Antient Office, and has been antiently before the Reign of Queen Elizabeth, usually grantable, and granted to Two Persons, to hold for their Lives, and the Life of the longer Liver of them.
* 1.1Francis Lord Bishop of Landaffe, by Letters Patents under his Episcopal Seal, granted this Office to Dr. Richard Lloyd and the Respondent John Jones; to hold to them joyntly and severally, and to the longer Liver of them. Which Grant was duly confirm'd by the Chap∣ter of that Church, and accordingly the said Dr. Richard Lloyd, for several Years, by the Respondent's consent, quietly held and enjoyed the same.
* 1.2The said Lord Bishop died, and Dr. William Lloyd succeeded in that Bishoprick; and upon his Translation to the Bishoprick of Norwich, Dr. William Beaw succeeded, and is now the present Lord Bishop of Landaffe.
* 1.3The present Lord Bishop of Landaffe, having in his Custody the Original Grant of this Office to Dr. Richard Lloyd, and the Respondent Constituted Commissioners to Execute the Office, and refused to admit the Petitioner to Execute and Enjoy the said Offices, as by Law he ought.
Whereupon the Respondent brought an Action at Law against the Appellant, and others for the Profits of the Office by them received; which Action, by the Death of One of the then Defendants abated.
Afterwards, the Respondent brought his Bill in Equity against rhe Appellant, to have an Account of, and Satisfaction for the Profits of the said Office, to which the Appellant answer∣ed, and confessed the Patent and Grant to the said Dr. Richard Lloyd and the Respondent; whereupon the Respondent proceeded to try his Right and Title to the said Office in an Acti∣on at the Common Law against the Appellant; and at Gloucester-Assizes, on full Evidence, obtained a Verdict, and had Judgment thereupon.
That afterwards the Court of Chancery Ordered, That a Trial at Bar should be had upon an Action of the Case for Trial of the Title of the said Office; whereupon, a Trial was had at the Kings-Bench-Bar; and upon full and long Evidence, a Verdict was given for the Re∣spondent, and upon the Importunity of the Appellant's Counsel, the Case was Stated, and Argued before all the Judges of the said Court of Kings-Bench; who on Hearing several Ar∣guments on both Sides, were all of Opinion, That the Letters-Patents and Grant made to Dr. Richard Lloyd, and the Respondent were good in Law; and that the Respondent was well Intituled to the said Office for his Life.
* 1.4That the said Cause coming to be Heard in Chancery, on the Equity reserved in the Pre∣sence of Council on both Sides, the Lords-Commissioners were of the same Opinion; and Decreed an Account to be taken of the Profits of the said Office, and the Respondent to be quieted in the Possession and Enjoyment thereof.
Which Decree, the Respondent hopes is Just; and that it shall be Confirmed.