The Parish of St Saviour, Southwark

Return to HOME

The document consists of three large parchment sheets, the first containing the Bill, the second the Answer, the third the Replication. A Rejoinder, if one existed, is absent. All three sheets are much damaged along the right side (see image of sheet one), with much text missing. This modernised transcription was made from scans provided by TNA, where its shelfmark is C 2.Jas1/S39/19. The document is rubbed in places, and some words worn away; elsewhere, creases in the documents make other words illegible in the scans. Such instances are marked with asterisks in brackets. For ease of searching, normalized forms of surnames follow unusual spellings.
⌦ See the Vestry Minutes for early 1607. An alternative account of this quarrel, intended apparently for presentation to parliament rather than the court of Chancery, can be found here.

I. The Bill of Complaint

[at top:] vicesimo tercio Junii 1606 / Wilkinson

To the right honorable the Lord Ellesmere Lord Chancellor of England

[1] In most humble manner complaining shewen unto your good Lordship your orators John Preston, Thomas Dampott [Damport], William Mayhewe, Vincent Dove, John Purle [Pearl], John Lee, William Shipman, Richard Vmble [Humble], Joshua Phynes [Phineas], Francis Callter [Calton], George Dalton, Robert Rutland, [end of line perished]
[2] of the parish of St Saviours in the Borough of Southwark in the County of Surrey for and on the behalf of themselves and the greatest number of the other inhabitants and parishioners of the same parish That whereas in the two and twentieth year of [end of line perished]
[3] Eighth of famous memory it was by Act of parliament enacted that the several parishes of St Margarets St Mary Maudlyn and St Mary Overy in Southwark should from thenceforth be united knit and joined together and should be one [end of line perished]
[4] entire body and parishioners of one parish and that the said church of St Mary Overy having been late before the church of the monastery of St Mary Overy in Southwark should be a parish church and named and called the parish church [end of line perished]
[5] all times thereafter should be called and not otherwise And that the parishioners of the same parish amongst themselves should yearly at such times as after their discretions they should think convenient for evermore nominate and [end of line perished]
[6] within the precincts of the said parish to be churchwardens who should do and exercise all and every thing as any other wardens may do in any other parish or place within this realm of England And that the said wardens should be [end of line perished]
[7] a common seal to serve for the business of the same corporation And that they the same wardens and their successors should have and enjoy to them and their successors all meases [sic; messuages] lands tenements and hereditaments which at any time [end of line perished]
[8] churchwardens of St Margarets and St Mary Maudlyn aforesaid jointly or severally by any of their late corporations And that they the said wardens of the parish of St Saviour might implead and sue all manner of persons and [end of line perished]
[9] which said corporation was so granted made and incorporated at the humble petition of the parishioners of the said late several churches for that the said church of St Mary Overy was a very great church and very costly to be maintained in [end of line perished]
[10] of parliament to which for more certainty herein your orators refer themselves more plainly and at large it doth and may appeare By virtue whereof the parishioners of the said parish of St Saviours so newly named and united in one [end of line perished]
[11] at their discretions to nominate and elect six or four able persons within the precinct of the said parish to be churchwardens of the said parish And the churchwardens so elected and to be elected were and became incorporated [end of line perished]
[12] and hereditaments to them and their successors to the use of the parishioners of the said parish so united and made one And were by virtue of the said Act seised to them and their successors churchwardens of the said parish of [end of line perished]
[13] value of four and forty pounds And of lands tenements and hereditaments of the yearly value of twenty marks and more at that time But since that time the same together with the tithes of the said parish sithence procured to the [end of line perished]
[14] and increased to be of the yearly value of three hundred pounds or thereabouts) at this day the said lands being the ancient possessions of the seid several parishes of St Margarets and St Mary Magdalen or of one of them And according to the said [end of line perished]
[15] churchwardens of the said parish of St Saviours were by the space of seventeen years or thereabouts next after the making of the said Act carefully and duly elected by the better sort and greater number of the parishioners of the said parish of St Saviours [end of line perished]
[16] ability And by all that time the churchwardens of the said parish without taking to them associates or adding to them any selected number of parishioners to intermeddle in their business did solely and very carefully profitably and truly [end of line perished]
[17] their offices and accounts and expended not any thing in feastings costly dinners suppers or drinkings But did carefully employ the stock arising of the said lands church duties tithes and hereditaments for the said church and parish's [end of line perished]
[18] their office as by their accounts ready to be shewed to your honors shall appear And albeit the yearly revenues and profits that did come to the churchwardens' hands in former times about the fourth year of the reign of the late queen Mary did not amount unto so much by [end of line perished]
[19] pounds or thereabouts as long since almost by the space of fifty years it hath done and yet doth yet did the said churchwardens in those days about the said fourth year of the reign of the late queen Mary discharge the ordinary yearly payments and charges belonging [end of line perished]
[20] place which were greater than now they are with or very near with the said then revenues as by an account ready to be shewed to this honorable court shall and may appear whereby your orators do manifestly perceive that the said sum of one hundred [end of line perished]
[21] or thereabouts now increased in the yearly value of the said lands church duties and tithes or a great part thereof might have been ever since being now about fifty years saved and employed to many good and charitable uses Nevertheless so it is if it please [end of line perished]
[22] that contrary to the form of election of the said churchwardens so limited by the said Act and contrary to the good course used accordingly in former times by many years after the said Act as is aforesaid by the then churchwardens and parishioners [end of line perished]
[23] indirect course hath been undertaken and used in the said parish in this manner and form here following namely by the space of fifty years now last past the number of thirty parishioners of the said parish have against the good living of [end of line perished]
[24] the parishioners of the said parish unlawfully usurped a sovereignty and authority to themselves solely to be as they term themselves vestrymen and solely to make choice of the churchwardens of the said parish And those ever out of themselves [end of line perished]
[25] said number of thirty persons shall die then to take other parishioners at their choice only to supply the said number of thirty again And those thirty to govern all the business of the said parish and have used and do use to take and make all [end of line perished]
[26] themselves concerning the issues rents and profits of the lands tithes church duties and hereditaments belonging to the said churchwardens to the use of the said parishioners and to allow themselves yearly fees and wages without acquainting [end of line perished]
[27] to acquaint any other of the parishioners of the said parish with the same or to make any of their own number of thirty acquainted with their secrets except some few only amongst whom they yearly choose a master churchwarden who [end of line perished]
[28] the said usurpations and customs And where there cannot be less than one hundred and seventy pounds or thereabouts yearly remaining in surplusage of the rents and profits of the said lands and hereditaments over and above to satisfy [end of line perished]
[29] usual charge spent according to the foundation and for the good use of the said church or parishioners so as in fifty years now past a great stock should remain in their hands for the behoof of the said church and parish yet they [end of line perished]
[30] refuse to make the same known to your orators or any other of the parishioners of the said parish not being of their said number of thirty though little or nothing inferior to themselves And as your orators are credibly informed they have either spent [end of line perished]
[31] drinking and banqueting riotously or have otherwise converted the same to their or some of their proper uses contrary to all equity and good conscience And in letting of the lands belonging to the said corporation have made leases at lower rates [end of line perished]
[32] after racked it up at their pleasure and turned the profits thereof to themselves And through favor have let a lease of one principal tenement for twenty pounds fine and a certain yearly rent to one whom they affected though at that time no parishioner who hath [end of line perished]
[33] three score and fifteen pounds or thereabouts notwithstanding they themselves were before offered as much for it And it will appear by their own accounts that they never traveled or met about any occasion concerning the said parish business but they spent [end of line perished]
[34] in eating and drinking much more than needed or was fit And yet notwithstanding all such wasteful expenses should or ought to be allowed their will upon the foot of every their accounts as your orators are informed appear a great [end of line perished]
[35] year's receipt which hitherto they have smothered and no way converted to the behoof of the said church parish or parishioners other than to themselves And when other discreet parishioners have misliked these their dealings and spoken thereto [end of line perished]
[36] given out speeches and constantly affirmed that they the said thirty persons by their incorporation and by the said Act of parliament ought only in such a number to elect the churchwardens and solely to meddle in the parish business [end of line perished]
[37] the said parishioners of the said parish to come and join with them in choosing of the said churchwardens arrogantly affirming that no other man ought to intermeddle or require to be made acquainted with their dealings payments [end of line perished]
[38] so far declined from the good uses which they ought to employ the rents and profits of the said lands unto And so grossly and palpably as by reason of their said unjust dealings their vestry house in open speeches of [end of line perished]
[39] is termed the Sharing House of St Saviours in Southwark and made a slander and the whole parish greatly abused for that there they have used to divide betwixt them the surplusage of the rents and profits [end of line perished]
[40] necessary expenses as is vehemently suspected Of which thirty parishioners now usurping the said jurisdiction the chief and ancientest are Thomas Howse William Mee Thomas Garland John Payne Gregory Franklin [end of line perished]
[41] Smith George Payne Randall Carter and Godfrey Hayes who all or most of them have so usurped in the premises by the space of many years now last past and not only have continued in the number of the said [end of line perished]
[42] said church of St Saviours received the foresaid rents and revenues respectively for the time they usurped the said office of churchwardens and of late years upon decease of others they have joined to them [end of line perished]
[43] men as by death or otherwise any of that number wanted Thomas Harvy Robert Myles Thomas Palmer Thomas Luke alias Audley James Pollard Richard Salter John Traherne Abraham Greene Isaac [end of line perished]
[44] Richard Bovar Christopher Toppin Henry Drapier Thomas Cure John Marshall and John Maggott who all together do call themselves vestrymen and governors of the said parish of St Saviours and do chall[enge] [end of line perished]
[45] to nominate and elect and have yearly nominated and elected some of themselves churchwardens of and for the said church of St Saviours and would not permit and suffer nor yet being required will permit and su[ffer] [end of line perished]
[46] number of two thousand and upwards to be present and join with them in the choice of the said churchwardens But assembling themselves together in the vestry house of the said church for that purpose do [end of line perished]
[47] to them whereby it hath come to pass that some of the said number being late pretended churchwardens and the said Randall Carter George Payne Abraham Greene Richard Yarwood Isaac Towell and Abraham [end of line perished]
[48] election as is aforesaid have wasted and continually do waste and consume the stock and surplusage of the rents and profits belonging to the said parishioners and churchwardens and have left little or no store [end of line perished]
[49] having so been in yearly revenue and profits belonging to the same three hundred pounds yearly or thereabouts of which the one half hath not been cannot nor is yearly bestowed in ordinary and needful charge [end of line perished]
[50] often means and request to the said Randall Carter George Payne Abraham Greene Richard Yarwood Isaac Towell Abraham Allen and others of the said number of thirty to be made acquainted with the accounts [end of line perished]
[51] knowledge of the employing and distribution of the said church stock and to join in the election of churchwardens as in the said Act of parliament is set down yet they the said Randall Carter George Payne [end of line perished]
[52] Allen and every of the said number of thirty have refused and yet do refuse to admit the same either to your said orators or to any other of the said parishioners not being of their selected number of thirty [end of line perished]
[53] whole residue of the inhabitants of the said parish some of them being men of great ability and long continuance in the said parish threatening and reviling such as seek in friendly manner the reformation [end of line perished]
[54] notes and papers of their accounts and copies of the Act of parliament whereby their usurped authority may be discovered and called in question and because they mislike of their insolence and do uncharitably [end of line perished]
[55] discontentment of the inhabitants that they will spend none of their own money but will sell the bells ropes lead church and stock and then spend their own moneys one of them saying he would spend his blood before your said orators or any other the parishioners [end of line perished]
[56] And that your orators and the other parishioners shall have nothing but by fire and sword which their undue proceeding albeit your orators and other the parishioners might reform by proceeding to an election of new churchw[ardens] [end of line perished]
[57] by the full consent of the parishioners or the greater number of them yet because the offence conceived by the multitude against the said undue government of the thirty is such as it may breed some tumult amongst [end of line perished]
[58] for that the said present pretended churchwardens do keep the place called the vestry used for election of churchwardens by a kind of violence and in like sort detain the books accounts and evidences concerning [end of line perished]
[59] said orators have sundry times made means to the right reverend father the bishop of Winchester for redress in the premises as ordinary of the said place But in regard this pretended manner of election by thirty [end of line perished]
[60] the said church he hath forborne to make reformation or justly rather doubteth of his ordinary authority therein in respect the manner of election of the said churchwardens and their incorporation is established by parl[iament] [end of line perished]
[61] the common law whereupon your orators desirous still of peace and friendly proceedings amongst neighbors and parishioners have earnestly required that Randall Carter George Payne Thomas Howse William Mee Thomas Garland [end of line perished]
[62] Smyth Godfrey Hayes and others of the said number of thirty would refer the differences aforesaid to the hearing of any indifferent arbitrator or otherwise in loving and neighborly kindness to let these griefs be heard and [end of line perished]
[63] been refused also by the said thirty persons affirming their power to be absolute without controlment and that they at the head ought not to yield in anything to the foot nor to render satisfaction to your orators in any neighborly [end of line perished]
[64] owe service to the said parish In tender consideration whereof and for that the precedent pretended churchwardens coming in by such undue election as is aforesaid have for many years past so concealed the writings evidences and muniments [end of line perished]
[65] the said usurped number of thirty could not until now very lately come to know in what sort the said churchwardens were incorporated or how to be chosen and yet are herein remediless by the course of the common law otherwise [end of line perished]
[66] which hitherto they have forborne for the causes aforesaid May it please your good lordships the premises in equity considered to grant unto your said orators the king's majesty's most gracious writ of subpoena to be directed to the said Thomas [end of line perished]
[67] Francklyn William Cownden John Bingham Anthony Smyth George Payne Randall Carter and Godfrey Hayes commanding them and every of them thereby at a certain date and under some certain pain therein to be limited [end of line perished]
[68] high court of Chancery then and there to answer the premises upon their corporal oaths and there to show cause why election should not be of six or four churchwardens of the said parish in such manner and form by the parish [end of line perished]
[69] parliament as also may it please your good lordships to order the said Thomas Howse William Mee Thomas Garland John Payne Gregory Franklin William Cownden John [two names illegible] George Payne Randall [end of line perished]
[70] lordships shall in that behalf appoint what and how much the issues rents tithes and profits of the said lands and hereditaments belonging to the said parish have yearly been which have come to their or any of their hands at any time [end of line perished]
[71] and what sums of money [words illegible] of them have in their hands that were or ought to belong to the said church or parishioners And what leases they or any of them have of the leases belonging to the parishioners and [end of line perished]
[72] and in what manner they have [words illegible] the same And to make such further answer concerning the premises and to abide such further order as to your lordships may seem most agreeable to equity and good conscience [end of line perished]
[73] shall daily pray for your good lordships in health and honor long to continue.

II. The Answer

[at top:] omnes undecem jur[ati] 3 Julii 1606

[1] The joint and several answers of Thomas Howse [House], William Mee, John Payne, Gregory Francklyn [Franklin], William Cownden, John Bingham, Anthony Smith, George Payne
[2] Randall Carter, Thomas Audley, and Godfrey Hayes parishioners of the parish of St Saviours and of the selected number of vestrymen there defendants to the Bill of Complaint of John Preston
[3] Thomas Damport, William Mayhewe, Vincent Dove, John Purle [Pearl], John Lee, William Shipman, Richard Vmble [Humble], Joshua Phines [Phineas], Francis Salter, George Dalton, Robert Rutland, Garrett Johnson and William Sanden other parishioners
[4] of the said parish complainants.

[5] The said defendants say that the said Bill of Complaint against them into this honorable court exhibited doth contain therein many apparent imperfections untrue idle and insufficient allegations and is devised and contrived by them the said plainants out of their unquiet and turbulent spirits rather for matter of charge and vexation [end of line perished]
[6] ground of suit the said plainants have so to do the whole scope thereof lending to call in question matters concerning the government of the parish aforesaid which do no way belong nor appertain unto the plainants but are in themselves unfit to be tolerated or admitted the same lending wholly [end of line perished]
[7] confusions and disorders insomuch that these defendants (as they are informed) have just cause to take exceptions thereunto The advantages thereof nevertheless and of the uncertainties and insufficiencies therein to them these defendants and every of them both now and at all times hereafter being saved for [end of line perished]
[8] Answer to the said Bill of Complaint and for the full and plain declaration and manifestation of the truth of all such matters wherewith these defendants or any of them in or by the same are any way charged They these defendants and every of them for themselves say that true it is that heretofore in the two [end of line perished]
[9] of the reign of the late king of famous memory king Henry the eight it was by Act of parliament enacted that the inhabitants and parishioners of the said several parishes of St Margarets and St Mary Maudlyn in the Bill named should from thenceforth be united knit and joined together [end of line perished]
[10] remain forever as one whole entire body and parishioners of one parish and that the said church of St Mary Overy having been late before the church of the monastery of St Mary Overy should from thenceforth be a parish church and named and called the parish church of St Saviour of Southwark [end of line perished]
[11] all times hereafter should be called and not otherwise And that the parishioners of the same parish among themselves yearly at such times as after their sad discretions they should think convenient for evermore should nominate and elect six or four able persons dwelling within the precinct of the said parish to be churhwardens [end of line perished]
[12] should do and exercise all and every thing as any other wardens may do in any other parish or place within the realm of England which wardens should be a perpetual and an able body in the law and also should have a common seal to serve for the business of the same corporation And also the same wardens [end of line perished]
[13] successors for evermore should have and enjoy to them and their successors as well all meases [sic; messuages] lands and tenements rents reversions services and other hereditaments as also all other revenues advantages and profits whatsoever which at any time were or be in the possession of the said wardens of St Margaret and St Mary Magdalen [end of line perished]
[14] or severally to any intent or purpose by reason of any their said late corporations any statute act or law theretofore made to the contrary notwithstanding And that they the said wardens of the said parish church of St Saviour should and might implead and sue all manner of persons and defend and implead and be impleaded in all [end of line perished]
[15] of courts and places before all manner of justices and ministers of justice and all other whatsoever And that the same wardens and their successors for evermore should have and enjoy all and all manner of things profits commodities and advantages in the Letters Patents of the said king Henry the eight mentioned or contained and for all
[16] such lands tenements and hereditaments whatsoever as the said wardens of St Margaret at any time then tofore had purchased or obtained by virtue of the said Letters Patents as in and by the said Act of parliament plainly and more at large appear After the making of which said Act and by virtue thereof these defendants say it may
[17] be true that the churchwardens of the parish of St Saviour were by the space of certain years then following elected and chosen by the greater number of the parishioners of the said parish of St Saviours but whether the said churchwardens so elected did solely carefully profitably and truly perform or discharge their
[18] offices and accounts without any unnecessary expenses or that they did carefully employ the stock arising of the said lands church duties tithes and hereditaments for the said church and parish's behoof is more than these defendants know or believe to be true for these defendants are persuaded that if the same their said office and other
[19] the church business and duties thereunto belonging had been heretofore carried and performed in that quiet careful and profitable manner as the complainants surmise the same would undoubtedly have continued still and no means been used for the reformation thereof it being the extremest of points of folly to take pains or labor for the
[20] abolishing of a good or profitable custom But to give unto the plainants further satisfaction in that behalf and to manifest unto this honorable court the occasion and ground of these defendants' orderly dealings and proceedings in the premises being by the plainants so much maligned and unjustly reproved they these defendants and every of them do further say
[21] and it appeareth unto them out of common reason and by orders prescribed for the better government of the said church hereafter mentioned That albeit the Act of Incorporation aforesaid and all the branches thereof was made upon very good considerations and grounds of reason and for the quiet and peaceable preservation and government of
[22] the parish of St Saviours aforesaid yet the execution thereof consisting then upon the whole multitude of parishioners without assigning any certain or selected number for the disposing of the profits affairs and businesses of the said church could not but breed much disorder and confusion as well in the election of churchwardens as
[23] in other the affairs of the said parish where many voices speaking out of several affections conditions and dispositions could hardly be drawn to any good accord or unity of opinion for that instead of a decent quiet and reverend order fit to be observed in the affairs of the church there grew uncivil dissensions contradictions
[24] jars and disorders which corrupting and disappointing the good course intended for the benefit of the said church occasioned the neglect and disturbance thereof All which inconveniences the parishioners of the said parish church in those days considering did in or about March in the year of our lord god 1556 [i.e. 1556/7?] with one whole
[25] and general consent agree to make election of a certain competent number of the parishioners amongst them to continue forever the rule and government of the said parish and for their better and more orderly proceeding therein they the said parishioners of the said parish church of St Saviours then being did with one consent
[26] submit themselves to such rules and orders as the reverend father in god Robert then bishop of Winchester being the ordinary of the said place and then resiant and dwelling amongst them should make or allow of Whereupon the said bishop of Winchester being acquainted thereunto did for the reformation
[27] of those former abuses and inconveniences and for the settling of a quiet and profitable course for the future government of the said parish by and with the general consent and good liking of them the said parishioners of the same parish and at their humble suit and request make or cause to be made and fairly written in a book bearing date the
[28] second day of March in the said year of our lord god 1556 [i.e. 1556/7?] divers several orders for the rule and government of the said parish and thereunto in the end of the said book hath subscribed his hand in allowance thereof Amongst which orders it is first and principally set down and recited in the said book of orders that
[29] whereas by the Act of parliament before specified the said two parishes of St Margarets and St Mary Magdalens were united and made one parish and called from that time the parish of St Saviours and the churchwardens and their successors wardens of the said parish of St Saviours to be and continue as one entire body in
[30] the law for the preservation and good government of the said parish Therefore it was then by the consent of the said churchwardens and of the whole inhabitants of the said parish ordained appointed condescended and agreed that there should be chosen within the said parish the number of thirty persons in all with the said churchwardens
[31] and not above which said thirty persons being then chosen by the consent of the whole inhabitants were as followeth viz: William Browker, Thomas Osborne, Thomas Readinge, John Lambeth, John Smith, Robert Allen, churchwardens; Humphrey Collett, Thomas Dixon, William Curson, Nicholas Stockbridge, John Gardner, John Olyffe [Oliffe],
[32] William Myles, John Cassye [Casey], John Whytwood [Whitwood], John Sawyer, Richard Froggett, Richard Beynam [Baynam], Thomas Dowleman [Doleman], John Whytacres [Whitaker], Thomas Powlter [Polter], Roger Bansted, Robert Gaynsborowe [Gainsborough], Roger Pynfolde [Pinfold], John Philpott, Richard Baptist, Robert Curtys [Curtis], Richard Ellys [Ellis], John Levenoth [Levenough] and Richard Ryall being in all thirty persons which said thirty persons or
[33] the most part of them shoud have full power and authority from time to time to make rules and orders and reform and amend all such causes as should be for the good government profit and quietness of the parish or church lands or any of the thing or things appertaining to the same in or by all ways or means from time to time And if it
[34] should fortune that any of the said thirty persons die or depart out of the said parish that then the churchwardens with the consent of the rest of them called vestrymen or the most part of them should and might choose others in their places So that there may be always the full number of thirty person and not above to do execute and use for the profit
[35] and quietness of the parish to their discretions according unto such trust as the whole parishioners have committed unto them And by one other order mentioned in the same book it was ordained that they which should be churchwardens should always at the election and choice day being in the election promise to enter into bond by
[36] obligation and being so elected and chosen should be bound in obligation to two or three of the vestrymen being then chosen for that purpose by the consent of the rest of the vestrymen or the most part of them to gather yearly and be answerable to the parish for the tithes and clerk's wages and to bring in a just and true account of all such
[37] receipts and payments as should or might come to their hands by virtue of their office And further also by one other order it was ordained that from thenceforth every year yearly upon the second day of March the churchwardens should bring into the vestry in the presence of the rest of the vestrymen in writing their account
[38] for the whole year then past of all receipts and payments by them received and paid and at that day then there to elect and choose out of the said vestrymen four honest discreet persons to be new churchwardens with two of the old churchwardens forasmuch as it might happen that the new churchwardens at the first time might be
[39] unfit or unperfect in the executing of their office And it was also ordained that at the giving up of the account aforesaid there should be four chosen of the vestrymen to be auditors of the said account and they to bring in the audit always within fifteen days after Easter day and so to continue every year yearly as
[40] in and by the said book of orders amongst divers other things therein contained necessarily for the good and benefit of the said parish to be observed may plainly and more at large appear Which said orders have been since that time viewed and approved by other the succeeding bishops of Winchester ordinaries of the
[41] same place as good and profitable for the parish And according to the same orders they the said vestrymen then being and these defendants and other their associates now being vestrymen and coming in thereunto by election severally and successively upon the deaths or departures or resignations of the said former elected vestry
[42] men their predecessors have from time to time and by and during the space of these fifty years or thereabouts last past elected churchwardens amongst themselves and made leases of the lands belonging to the said parish and disposed of the business and affairs thereof accordingly And therefore these defendants hope that this
[43] honorable court will not now upon any the feigned allegations in the Bill mentioned go about to hinder or impeach the said orders having been upon good advice and grave deliberation and not without great labor and difficulty made and effected and for so many years together for the great good and benefit of the
[44] said parish inviolably observed and performed as aforesaid And as unto the accounts demanded by the plainants these defendants say that they and their predecessors have by the space of fifty years aforesaid or thereabouts continued the disposing of the business and affairs of the said parish in all quiet peaceable and profitable manner without
[45] calling any other parishioners how wise soever not being of the selected number of vestrymen unto them and without acquainting or yielding accounts unto them the said other parishioners thereof nor was it required nor is there any reason that these defendants should employ their labor and pains as servants to the said
[46] parishioners or be accountable unto them being a great multitude consisting of 1,500 several persons or thereabouts for the same for that were to give way to a second confusion and disorder as intolerable and inconvenient as the first Howbeit since the plainants have by their Bill taxed the dealing and behaviors of these
[47] defendants in the premises and thereupon laid many slanderous imputations all which these defendants being confirmed in the uprightness of their dealing are able to confute by their books and annual accounts which being drawn down and continued from the making of the said orders crave a longer time and larger form [end of line perished]
[48] manifest and explain the same than the usual course and commendable method observed by this honorable court doth limit or allow They these defendants therefore for all those reckonings increase of the lands livings and profits of the said parish the payments and disbursements thereof and other the matters of account men[tioned] [end of line perished]
[49] in the plainants' Bill do humbly pray that the right honorable the Lord Chancellor of England being the chief judge of this court would be pleased at his lordship's best convenient leisure to hear examine audit and cast up the same or that his lordship (in respect of his other more serious employment [end of line perished]
[50] pleased to reserve the hearing auditing and examining of the accounts aforesaid unto the reverend father in god the now lord bishop of Winchester being ordinary of the same place and dwelling now amongst the said parishioners to whose reverend censure these defendants will if [end of line perished]
[51] shall so think it fit most humbly submit themselves in that behalf And in the meantime since the plainants have intruded themselves into the business of the said parish from which they are exempted by the orders aforesaid and have put themselves to so much pains as to pry into these defendants [end of line perished]
[52] the same they these defendants to give them some satisfaction therein say that they these defendants for their parts since their coming in to to be the selected company of vestrymen aforesaid have done their best for the good and benefit of the said parish and for the augmentation and increas of the [end of line perished]
[53] they these defendants have not nor any of them hath nor any other of the said vestrymen to their knowledge have at any time misemployed the rents issues tithes or profits belonging to the said church or any of them neither have they these defendants any or either of them undervalued the leases [end of line perished]
[54] money in feasting eating drinking or any other idle or unnecessary expenses or have or had any sharing in the vestry than what is allowable in the said orders and yielded unto by the auditors at the account taking And these defendants further say that they or such of them as [end of line perished]
[55] of the said parish and have thereby had more particular dealings in the said premises have commonly had according to a clause mentioned in one of the orders aforesaid entered into bond to the said vestrymen or some of them for performance of the matters aforesaid and they have accord[ingly] [end of line perished]
[56] orders aforesaid delivered and brought in their accounts which have been openly and particularly read in the hearing of all the vestrymen then present and audited and allowed accordingly And as unto the lease in the Bill particularly mentioned wherein the plainants suppose a wrong to be done unto the parish [end of line perished]
[57] rate than the full value thereof For answer thereunto these defendants say that the same lease in their judgment was let to the full value thereof and no way unprofitable or disadvantageable for the said parish for these defendants say that whereas the same lease went formerly for the rent of forty [end of line perished]
[58] let the said lease at ten pounds per annum and for twenty pounds fine and with covenants also for repairing of the said house and since that time there hath been bestowed in charges of building about the same house by the assigns of the said lease with the lease the sum of £200 [end of line perished]
[59] parish so that the plainants have no reason to take exceptions thereat or have they indeed any just cause of suit at all against these defendants for any the matters in their Bill complained of But these defendants have good cause of complaint and many matters of grievance aga[inst] [end of line perished]
[60] parishioners of the said parish And namely against the said Richard Umble [Humble] one of the plainants for these defendants say that the said Richard Umble was heretofore one of the vestrymen and bore the office of churchwarden and was an auditor and present at the auditing and casting up of divers [end of line perished]
[61] thereof But being a man respective of his own private gain and prying into the estate of the parish lands went about to find part of the same concealed and to disable the estate thereof and to get the same into his own possession insomuch that the defendants being ever ready to [end of line perished]
[62] constrained and did accordingly spend much money in in defense thereof against the intended wrongs of the said Umble and thereupon these defendants as they had good reason displaced and put out the said Umble from his place in the vestry who now for revenge thereof (as they take [end of line perished]
[63] vexations and suits against them these defendants whereof they hope this honorable court will have due consideration And as for the reports pretended to be spread abroad of these defendants' corrupt dealing in the premises and the fear they have of some tumult to ensue thereon These defendants say that they [end of line perished]
[64] reports given out against them unless it be by the plainants themselves or some of them or others of their faction and confederacy who envying the quiet government for the long time continued in the premises by these defendants and their predecessors debarring them of their expected benefit have indeed out of their [end of line perished]
[65] stirred up others to raise many slanderous and tumultuous speeches in disparagement of these defendants' dealings in in the said premises wherein they have proceeded so far and with such violence as that one Richard Mellrish [Mellersh] Richard Moore [More] Edward Woddye [Woody] and Drew Staple [Stapley] being also parish[ioners] [end of line perished]
[66] themselves eager in the business thereof have protested to spend much in suit of law concerning this business before the defendants shall have their will or go away with the absolute government of the said parish And thereupon the more to vex these defendants and to draw them on to further suits troubles and expe[nses] [end of line perished]
[67] Richard Moore Edward Wooddye and Drew Staple or some of them have of late pried into the estate of the said parish lands and disabled the title thereof and gone about to persuade other of the said parishioners to deny their tithes and to keep in their rents and duties to the breeding of no small trouble [end of line perished]
[68] Moore Wooddye and Staple have colorably and upon some point of policy to save the benefit of their testimony or otherwise slipped off and exempted themselves from joining in the said Bill by their particular names whereas they are secretly the chief procurers and animators of this suit and are contin[uing] [end of line perished]
[69] these defendants do think so that these defendants are persuaded and by the whole scope and peremptory speeches of the plainants' Bill it may in part appear that the chief occasion and ground of their suit in this honorable court ariseth and springeth out of a strong will and high insulting mind in them the said com[plainants] [end of line perished]
[70] to bear the chief sway and government in the parish aforesaid than for any good or benefit they intend to the said parish all which these defendants humbly leave to the consideration and grave censure of this honorable court whom they pray to take some speedy order for restraint of the plainants' further [end of line perished]
[71] and profits of the said parish now drawn in question may be preserved for the good and benefit thereof and not wastefully consumed in these unnecessary contentions between parishioners to the ruin of the said parish Without that that these defendants or any of them have consumed wasted or spent much [end of line perished]
[72] parish in feasting drinking or banquetting riotously or have otherwise committed the same or any part thereof to their or any of their own proper use or uses or that they or any of them have made leases at low rates to their own use or after racked it up at their pleasure or turn[ed] [end of line perished]
[73] that these defendants or other the vestrymen never met about any occasion concerning the parish business but they spent a good portion of money in eating and drinking as in and by the said Bill of Complaint is very untruly and slanderously surmis[ed] [end of line perished]
[74] have grossly palpably or otherwise declined from the good uses which they ought to employ the rents and profits of the said lands unto or that by reason of any unjust dealings used by these defendants or any of them their vestry house is termed the sharing [end of line perished]
[75] of the said parish or that there or anywhere else these defendants or any of them or other the vestrymen have used to divide betwixt them the surplusage of the rents or profits of the said lands over or above the necessary expense as in and by their said Bill of Co[mplaint] [end of line perished]
[76] and very slanderously suggested And without that that these do usurp the authority or government of the said parish or lands aforesaid or that they these defendants or any of them have offered any unseemly causes of discontent to the residue [end of line perished]
[77] say that these defendants do keep their said vestry with violence or have threatened to spend [several words lost in a crease] of any usurped authority or undue proceeding as in and by the said Bill of Complaint is [end of line perished]
[78] that that the bishop of Winchester upon any complaint made unto him by the plainants or any of them hath refused to deal therein or that he doubteth his ordinary authority in respect the manner of election of the said churchwardens and their incorporations is estab[lished] [end of line perished]
[79] the order of churchwardens established by the common law as in and by the said Bill of Complaint is also untruly and very vainly pretended And without that that any other matter or thing material or effectual in the said Bill of Complaint conta[ined] [end of line perished]
[80] or either of them to be answered unto and herein not sufficiently confessed and avoided traversed or denied or else sufficiently answered unto is true All which matters and every of them they the defendants and every of them are ready to aver and prove as this [end of line perished]
[81] humbly pray to be dismissed from and out of the said court with the good costs charges and expenses in the law by them in this behalf and for this their needless and unjust vexation most wrongfully and causelessly [end of line perished]

III. The Replication

The Replication of William Preston, Thomas Damport, William Mayhewe, Vincent Dove, John Purle [Pearl], John Lee, William Shipman, Richard Humble, Joshua Phynes [Phineas], Francis Calton, George Dalton, Robert Rutland, Garrett Johnson, and William Sanden Complainants to the joint and several Answers of Thomas Howse [House], William Mee, John Payne, Gregory Franklin, William Cownden, John Bingham, Anthony Smyth [Smith], George Payne, Randall Carter, Thomas Audley and Godfrey Hayes, defendants.

[1] The said complainants will aver and maintain their said Bill of Complaint and all and every matter and thing therein contained to be true just material and sufficient to be answered unto And further say that the Answer of the said defendants
[2] is very imperfect and insufficient in the law to be replied unto and tending only to maintain a usurped corporation for government of the said parish without color of any grant from his majesty or any of his noble progenitors from whom all
[3] jurisdiction of government is derived which the said defendants pretend to maintain contrary to the laws of this realm thereby to bring in a new manner of government of parishes not preferred heretofore by any to be undertaken And the said
[4] replyants saving to themselves all advantage of exception to the incertainty and insufficiency of the said defendants' Answers for Replication thereunto further say in all things as in their said Bill they have said And that by the said Act of parliament
[5] in the Bill and Answer mentioned the inhabitants and parishioners of the parish of St Margarets and St Maudlyn in the Bill mentioned were united and made one body and parishioners of one parish And that the church of St
[6] Mary Overy in the Bill mentioned should be a parish church and called the parish church of St Saviours in Southwark And that the parishioners of the same amongst themselves should yearly at such times as they should think
[7] fit for evermore nominate and elect six or four able persons dwelling within the precinct of the said parish to be churchwardens which should do in all things as other churchwardens do And that the said wardens should be a perpetual and
[8] whole body in law and have a common seal And have and enjoy for them and their successors the lands and tenements in the Bill mentioned and be enabled further as in the bill is also mentioned And that seventeen years after that the said churchwardens were nominated and
[9] elected according to the form of the same statute which manner of election of churchwardens prescribed by the said statute to make them a corporation by no pretended voluntary agreement or ordinary jurisdiction of the laws of this realm
[10] can be altered whereby it appeareth that the pretended order in the defendants' Answers alleged to be made for the alteration thereof is not only without judgment maintained by the defendants but was set afoot without
[11] advice and by such as affected new manner of government for some particular profit And the pretended unworthiness of these complainants to deal in that election alleged by the defendants upon their oaths in their said Answers that
[12] these complainants being no otherwise disabled appeareth to be of malice without judgment for that they the complainants together with the rest of the parishioners ought by the said Act of parliament to join in the choice of the said churchwardens
[13] in such manner also as in all places is used to make election of churchwardens mayors burgesses and such like officers otherwise than where custom as a law in some particular place hath been allowed And these pretenders of cor[**]sants
[14] that may ensue where such elections are and are limited generally which seemeth to be the strongest reason the defendants have to maintain their unlawful corporation of vestrymen and government and their unlawful procedure to
[15] election of the aid churchwardens cannot maintain their said proceeding being contraried by all general and commendable elections of churchwardens mayors burgesses and such like within this realm and by the form of the said Act and thereof
[16] no such inconvenience ensueth as the said defendants by their said Answer suppose And with that that the complainants will aver and prove to this honorable Court that long after the making of the said Act the churchwardens that were
[17] elected according to the form of the same Act and soberly carefully and truly discharge their offices and accounts without unnecessary expenses And did carefully employ the stock of the said church as appeareth by their accounts which are
[18] extant and ready to be shewed for the helping of the unbelief of the defendants who in their Answer upon their oaths say they believe it not to be true whereas in truth they are knowing of the same as these complainants hope to
[19] prove By which account it appeareth that there was spent in yearly necessary expenses by the said churchwardens when they assembled about the said church business but ten shillings seven pence or thereabouts And the complainants will aver and
[20] prove to this honorable court that the said defendants and their pretended predecessors the pretended corporation and governors called vestrymen expend and have yearly expended in very feasting and drinking at least twenty pounds [**] year and
[21] have yearly had allowance thereof as they say by their own auditors that eat and drunk part thereof and that out of the parish stock And the said complainants replying further say and will aver and prove to this honorable
[22] court that almost ever since the first beginning of the said pretended Corporation and government of vestrymen and the said undue election of the said churchwardens of St Saviours the yearly profits of the lands rents church duties and revenues appertaining
[23] to the said church did amount unto the yearly value of three hundred pounds or thereabouts whereof at least one hundred and seventy pounds should ever since have remained for the increase of the said church stock and whereof the complainants most humbly crave a just account
[24] of the said defendants for the use and benefit of the said church and parishioners And that forasmuch as the same profits are meant and intended for the godly and charitable uses that no riotous or chargeable expenses not specially expended for the use of the said
[25] church may be allowed for maintenance of such pretended governors that hold it not reason by apparent words in their Answer their labor should be accounted service to the church of god and their fellow parishioners for which the office of churchwarden is always
[26] intended And as for orders of government when any contention shall or may arise about the said church affairs or meetings to the service of god the right reverent father the bishop and ordinary of that place having always by toleration of divers ways a
[27] command and hand for appeasing thereof he cannot or ought not by the laws to depute the same by way of government to the said defendants nor any others as these complainants are informed but when and as often as any such contentions shall [end of line perished]
[28] the said ordinary by course of the law ought to deal These complainants and other the parishioners do humbly submit themselves to the said ordinary's jurisdiction But as touching the lands and revenues of the said church and belonging [end of line perished]
[29] of the said churchwardens because it concerneth the whole parish whereof the complainants and many others besides the pretended vestrymen are as principal members they and in the name of the rest humbly desire the reckonings and accounts thereof may not [end of line perished]
[30] the said right reverend father in god the bishop of Winchester ordinary of the said place but before some others authorized by your honors to take the same accounts With that that these complainants will aver and prove that the said defendants and [end of line perished]
[31] churchwardens since the pretended government of vestrymen have wasted spoiled or shared or negligently lost most or all the surplusage of the profits of the lands rents and church duties belonging to the said church come to their hands and [end of line perished]
[32] stock to the use of the said church and parishioners And the said vestry by their unjust dealings is termed a sharing house and made a slander as in the Bill is mentioned And that they present themselves in place and jurisdiction before [end of line perished]
[33] great disquiet and discontent of the residue which priority neither by their pretended orders nor in course of good neighborhood nor by the color of their pretended corporation they ought to have or can duly challenge with that [end of line perished]
[34] this honorable court that the said defendants have refused and do refuse to make the said complainants and others not being of the said number of thirty pretended vestrymen acquainted with their accounts receipts and payments And do refuse [end of line perished]
[35] of the said parishioners to be present at the election of their churchwardens And that there is little or no stock remaining to the use of the said church And that they threaten and revile such as in friendly manner seek the [end of line perished]
[36] to sell the bells and ropes and all the church lands in defense of their pretended usurped jurisdiction alleging your orators shall have nothing but by fire and sword and one of them saying he would spend his blood in the quarrel and [end of line perished]
[37] parishioners could not come to know in what sort the said churchwardens were incorporated by reason the said defendants concealed the evidences as in the Bill is alleged And that the said Act of incorporation [end of line perished]
[38] very good considerations and grounds of reason for the quiet and peaceable preservation and government of the parish of St Saviours aforesaid Without that that the execution of the said Act consisting then up[on?] [end of line perished]
[39] assigning any certain or selected number for the disposing of the profits affairs and businesses of the said church could not but breed much disorder and confusion in election of the churchwardens and in other affairs [end of line perished]
[40] out of several affection could hardly be drawn to any good accord or unity of opinion Or that thereby instead of a decent quiet and reverent order fit to be used in the affairs of the church there grew unciv[il] [end of line perished]
[41] courses intended for the benefit of the said church [and?] the neglect and disturbance thereof Or that the parishioners of the said church in those times considering the said inconvenience did therefore about [end of line perished]
[42] to make election of a certain competent number in the said Answer mentioned to rule and govern the said parish as the said defendants in their said Answer have alleged neither is it natural if they [end of line perished]
[43] government the same being against the prerogative of the king's and without any warrant of law or custom neither was their error therein so intolerable being shadowed with the allowance of the then ord[inary] [end of line perished]
[44] in maintaining it against their knowledge and attributing unto themselves priority place and jurisdiction unsotting [sic] many of their abilities or discretions Nevertheless the said complainants for and concerning [end of line perished]
[45] the ordinaries of the said church that have [**] or agreed unto sundry of the said orders alleged in the Answer of the said defendants to the effect that the said churchwardens of the said church should [end of line perished]
[46] account so that it were to some of the better sort of the parish without restraining it to any selected number for government which standeth not with the laws of this realm the said complainants do humbly subject themselves [end of line perished]
[47] all other parishes agreeth not therewith neither is it fit as these complainants take it under reformation of this honorable court that the accounts of the receipts and disbursements of the lands profits and commodities [end of line perished]
[48] the parish should be restrained by order as by a binding law to any of a selected number of thirty so strictly as that no other of the said parishioners being men of as good regard and whom it as nearly [end of line perished]
[49] Without that that it were to give a way to any second confusion and disorder so to do as the said defendants in their said Answer have alleged Without that that the said complainants in their said Bill of complaint have taxed [end of line perished]
[50] have laysed [sic] many slanderous imputations upon them Or that the defendants have any uprightness [** **] the same by their books and annual accounts to be drawn down and continued from the making of the said [end of line perished]
[51] longer time (if they be duly done) to manifest and explain the same than the usual course of this honorable court doth require But these complainants rather think that the defendants presuming by their pre[tended] [end of line perished]
[52] be called to account for their misspendings sharings and voluntary losses would now crave further time for the reforming their pretended former accounts lest their abuses being discovered they should [end of line perished]
[53] that the said defendants for their parts since their coming to be of the said pretended selected company of vestrymen have done their best for the good and benefit of the said parish and for the augme[nting] [end of line perished]
[54] profits as in their said Answers they have alleged With that that the complainants will aver and prove to this honorable court that the said defendants have undervalued the leases of the said [end of line perished]
[55] allowable by the said pretended orders and yielded unto by the said auditors who indeed have been party to the misspending [**] answer for their discharge thereof With that that such [end of line perished]
[56] the foresaid pretended election to be churchwardens of the said parish have [** ** **] the said Answer is mentioned or brought in their accounts as in [**] said Answer they have alleged neither are the said [end of line perished]
[57] party to such misspending in law [**] the said [**] parishioners Without that that the leases particularly in the Bill mentioned to be let at a lower rate was let to the full value thereof no way unprofitable [end of line perished]
[58] defendants in their said Answer have alleged for the causes in the said Answer mentioned And the said Richard Umble [Humble] one of the complainants for himself replying saith that true it is that he was one of the pretended vestrymen [end of line perished]
[59] churchwardens But misliking of their usurped government and of many of their proceedings was very well concealed to be sequestered from the same and hath sithence by some of the said pretended vestrymen told him that they [end of line perished]
[60] pretended fellowship again Without that that he the said Richard Umble being a man respec[**] of his own private gain pried into the estate of the said parish lands and went about to find part of the same concealed [end of line perished]
[61] possession as the said defendants in their said Answers have alleged for the said Richard Umble did not go about to find any part of the same lands concealed for that the late queen Eli[zabeth] [end of line perished]
[62] contention between him and the said churchwardens granted away the same by letters patents neither would the said Umble have had any part of the same lands for his own private gain for he was willing to [end of line perished]
[63] as he had paid some certain time where before he paid but four shillings a year Without that that the said complainants of their unquiet and contentious spirits have raised and stirred up others to raise main [end of line perished]
[64] in disparagement of the said defendants' dealings as the said defendants in their said Answer have alleged Or that thereupon to vex the said defendants and to draw them to further suits troubles and expenses they [end of line perished]
[65] More Edward Woodey [Woody] and Drew Staple [Stapley] or some of them have of late pried into the estate of the said parish lands and disabled the title thereof and have gone about to persuade other of the parishioners to deny them tith[es] [end of line perished]
[66] the said Mellershe More Woodey and Staple have upon some point of policy to save the benefit of their testimony or otherwise slipped of and exempted themselves from joining in the said Bill by particular names as the said [end of line perished]
[67] have alleged Without that that any other matter or thing in the Answers of the said defendants contained material for the complainants to reply unto and herein or hereby not sufficiently replied unto confessed [end of line perished]
[68] which the said complainants will aver and prove as this honorable court shall award And humbly pray as in their said Bill they have prayed.

The Rejoinder

There is no Rejoinder. It's not clear if the suit progressed any further.