The seat or pew articulate is situate on the east side of and within the rails parting the chancel from the body of the parish church of Bunwell. About 20 or 30 years since, this deponent remember the floor of the chancel so far as the seat extends westward was paved at the proper costs and charges if Mr Edward Atkinson the then Rector of Bunwell and that the hinges belonging to the door of the seat were repaired and amended at the cost and charge of Mr Atkinson about 7 years or thereabouts before his death. For so long time as this deponent can remember, the said seat was looked upon to belong to the Rector of Bunwell and he hath heard his father who was a parishioner there all his lifetime declare the same and this deponent further saith he remember the roof of the Church whited by the Churchwardens but nothing done in the chancel nor over the said seat but at the cost and charge of the Rector. He remember that such persons as were strangers and no parishioners in Bunwell did at such times as they came thither to Church sit in the seat arlate and that the Inhabitants in Bunwell alehouse... also and by leave of the Rector as this deponent hath heard from his father.
The seat or pew controverted in this cause was and is a very part thereof situate on the east side of the rails which part the chancel from the body of the Church of Bunwell. Sometime but not long before the death of Mr Atkinson, the late Rector of Bunwell, the floor of the chancel there was paved as far as the seat in controversy extend towards the west at the cost and charge of Mr Edward Atkinson and at the same time the arch over the said seat was also whited at Mr Atkinson's charge, and this deponent further saith that at his first coming to be an inhabitant in the town of Bunwell about 14 years since, on the first Sunday after he went and sat in the seat in controversy with others who were strangers during divine service and sermon and after sermon ended, Mr Atkinson the then Rector forbad this deponent setting in the said seat for the future alleging that it was his seat and that he repaired the same at his own cost and charge and that his wife sat therein at her first coming thither. About four or five years before the death of Mr Atkinson the door belonging to the controverted seat being broke was new hung at the cost of Mr Atkinson and for all this deponent’s knowledge, the seat was adjudged to belong to the Rector of Bunwell. At the same time when Mr Atkinson forbade this deponent setting in the seat as he have deposed, this deponent asked Mr Atkinson whether the seat did belong to Bunwell alehouse by reason Richard Lighting who lived therein sat the same day with this deponent in the said seat, to which Mr Atkinson replied that he gave Lighting leave to set therein by reason he hired ground of Atkinson.
He hath known some that hath been inhabitants in Bunwell alehouse who did not sit in the seat in controversy as Hinder and Okes and he believeth such as did had leave so to do from the Rector for that Richard Lighting who lived in the alehouse and sat in the seat hired ground of Mr Atkinson the Rector. Soon after Mr Rant was married his wife went and sat in Mr Blake's seat in the body of the church but Mr Blake not being very easy at it desired this deponent, being then Churchwarden, publicly in the Church to show Mrs Rant to her seat and accordingly this deponent took Mrs Rant by the hand and put her into the seat in controversy looking upon that seat to belong to her, but Mrs Rant asking leave of Mr Blake to set in his seat he consented thereto and she returned again, wherein she have ever since set by leave from Mr Blake.
He lived in the said parish of Bunwell from the year 1665 to the year 1673 during all which time the seat was looked upon to belong to the Rector of Bunwell. About 40 years since he lived as a servant with Mr Richard Smith who dwelt in Bunwell alehouse and Mr Smith at his first coming to dwell in the house enquired of one Mr Galliard an ancient gentleman in the said town which was the seat belonging to the house he dwelt in, [who] told him he knew none but he might sit with him (Mr Galliard) in the seat in controversy by leave of the Minister, and that about 30 years ago while this deponent was an inhabitant and parishioner in Bunwell there were some differences about some seats in the Church, Mrs Atkinson the then Minister’s wife sitting in the pew in the body of the Church of Bunwell which now belong to the inhabitants of Bunyard's Hall and Pearce Hall in Bunwell, Samuel Blake who then lived in Bunyard's Hall would then have removed Mrs Atkinson out of the said pew in the Church and put her into the pew in controversy as the proper seat belonging to her but at the request of Mr Atkinson her husband she was continued in the said pew in the Church. He hath heard that the said seat was built by one Skinner by the leave of the Minister.
The seat in controversy was all along till this difference left open and such persons as were strangers and no parishioners in Bunwell did usually sit in the said seat, and though Richard Lighting who hired glebe land of Mr Atkinson the Rector and lived in the house called the alehouse did sit in the said seat and others since him it was always taken to be by leave or sufferance from the Rector and so reported amongst the parishioners.
He hath known the Church of Bunwell for about 60 years last past he himself dwelling in the said parish for 40 years together from his cradle during which time he saith that several of the parishioners there had seats in the Church belonging to their houses as he hath heard. The seat or pew in controversy or the greater part thereof viz three foot and three inches thereof to the best of his judgment is within the church of Bunwell and ten inches or thereabouts of the seat in the chancel according to his judgment and as the said church and chancel are divided by the arch that part them. He remembers one Moore an inhabitant in Bunwell alehouse sitting in the seat in controversy about 40 years since together with one Eldred alias Skinner and others, inhabitants in the town of Bunwell and after Moore one Smith an inhabitant in the Bunwell alehouse after him one Lanham who purchased the said house called Bunwell alehouse and lived in the same. Then one Hurkettle who lived in the same and after that one Richard Lightcom who all of them lived in the said alehouse and sat in the said seat together with other inhabitants of the said town but whether in their own right or no he cannot depose. Elisha Philipps the producent is owner or proprietor of the house called Bunwell alehouse and hath been so for some time but how long he cannot depose... He hath known Elisha Phillips about 6 or 7 years last past and he heard of this controversy between Mr Rant and Philipps about a year since from some of the inhabitants of Bunwell and particularly from his brother Lock and that about 3 months since he was requested by Elisha Philipps to depose in this cause and he hath not direct or indirectly received or been promised any reward but hope to be paid for his trouble. He know Robert Edwards, John Browne, Thomas Blake, John Cann, Richard Philipps, William Colman and John Moore the younger, the greater part of which are owners the rest farmers in Bunwell and do and have bore offices in the said town and some of them very able and wealthy persons and of good reputation and such as he verily believes would not willingly forswear themselves. He hath heard Richard Philipps and Thomas Blake say that [Elisha] Philipps is a quarrelsome and contentious person.