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had, by demurring, declined. That this traverse, being taken upon the only fact in the declaration material to the point of the cause, must be good, or else the declaration was naught; in either of which cases it was apprehended the judgment ought to be affirmed. That if the Archbishop had a right to visit the Dean and Chapter, the manner of his visitation was not at all material in this case; because any error or defect in the manner of visitation, might be remedied by appeal, and was no foundation for a prohibition it was therefore prayed on behalf of the Archbishop, that the said several judgments might be affirmed, with exemplary costs.

Accordingly, after hearing counsel on this writ of error, it was ordered and adjudged, that the judgment given in the Court of King's Bench in England, affirming a judgment given in the Court of King's Bench in Ireland, which affirmed a judgment given in the Court of Common Pleas there, should be affirmed; and that the record should be remitted to the said Court of King's Bench in England and it was further ordered, that the plaintiff should pay to the defendant the sum of £60 for his costs, sustained by reason of bringing the said writ of error. (Jour, vol. 22. p. 330.)

The church and rectory of Chishull Magna, otherwise Upper Chishull, in the county of Essex, was anciently appropriated to the Abbot and convent of the monastery of Walden, in the said county; and by an instrument of endowment, intitled, "a composition," made between the said Abbot and convent and the Vicar of Chishull aforesaid, dated the 4th of May, in the 10th year of the consecration of Roger, then Bishop of London, which was in the year of our Lord 1239; the Bishop, after reciting that be had admitted Richard of Burden to be Vicar of the said church of Chishull Magna, at the presentation of the Abbot and convent of Walden aforesaid; ordained, that he the said Vicar, as or by the name of the Vicar, should receive all small tithes and oblations, and the tithe of hay, and some other tithes therein mentioned; and should also receive four quarters of wheat, four quarters of barley, and four quarters of oats, out of the barn of the monks of Walden aforesaid.

Afterwards, by an instrument of augmentation, dated the 1st of December 1441, under the seals of Robert, then Bishop of London, and of the Abbot and convent of Walden; reciting, that the then Vicar of Chishull Magna had complained to the Bishop, that the profits and income of the said vicarage were then so small, that the same wore not sufficient to support himself, and sustain the burthen of the said vicarage; and that he the Bishop had issued out a commission to inquire into the truth thereof, and also of the value of the revenues of the said Abbot and convent; and that by an inquisition taken thereupon, the income of the said vicarage was found not to exceed the yearly value of £6 4s. one year with another: the Bishop therefore, upon due consideration had of the premises, plainly found that the said vicarage was so diminished and small in its income, that the Vicar thereof, without a competent augmentation, could not reside there, nor perform the necessary duty belonging to the said vicarage; and the Bishop, out of his pastoral care, having called before him the said Vicar and Abbot and convent, who judicially appeared, the Bishop did, with the consent of all parties concerned, by a definitive sentence and by the said instrument ordain and decree, that the said Abbot and convent and their successor,