a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is of England France and Ireland the 7th and of Scotland the 42 d. Rott 3642. It is contained thus Somers ss It was commanded to the Sherriff Whereas of the grievous Complaint of Owen Bray of Cobham in the County aforesaid Gent. to the Lord the King grievously complaining It was shewed That whereas John Drury Doctor of Law in the Court of the Lord the King of the Bench here That is to say In the Term of St. Michael in the yeer of the Reign of the said Lord the King of England the 5th before the Justices of the said Lord the King of the Bench aforesaid here that is to say at Westminster by Judgement of the said Court had recovered against the said Owen as well a certain debt of 200. pounds as 33. shillings 4. pence which to the said John in the Court aforesaid of the said Lord the King here were adjudged for his damages which he had by occasion of the detaining of the said debt whereof he is convicted And whereas also the said Owen for that that he did not come unto the said Court of the Lord the King here to satisfy the aforesaid John of the debt and damages aforesaid was put in exâ—gent in the County of the Lord the King of Sussex to Outlawry and for that occasion afterwards that is to say the 19th day of May in the yeer of the Reign of the Lord the King that now is was Outlawed And notwithstanding the said Owen in execution for the Debt and Damages aforesaid by virtue of a certain Writ of the said Lord the King of Capias utlagatum thereof to the late Sheriff of the aforesaid County of Surry by Herbert Morley Esq then Sheriff of the aforesaid County of Surry at the Sute of the said Iohn was taken and imprisoned And after he was so taken and imprisoned was by the said Sheriff out of the same Prison at large where he would freely and voluntarily suffered to go and from the execution aforesaid was delivered as the said Owen by ways and means convenient was ready to shew Yet the aforesaid Iohn sueth forth Execution of the Debt and Damages aforesaid against him the said Owen by reason of the Recovery aforesaid and endeavoureth and threatneth unjustly him the said Owen to be taken and imprisoned to his no smal Damage Whereupon he had supplicated the Lord the Kings congâ—uous remedy for him to be provided The said Lord the King Willing what is just to be done to the said Owen in this behalf sent to the Justices here That the Complaint of the said Owen in this part being heard and calling before theâ— the Parties aforesaid and other which in this behalf they shall see to be called and their reasons thereof here being heard To the said Owen full and speedy Justice they should cause to be done in this behalf which of right and according to the Law and custom of the Kingdom of the Lord the King of England should be done And that they cause to come here at this day that is to say from the Holy Trinity in 15. dayes the aforesaid Iohn to answer of and upon the premises and further to do and receive what the Court the said Lord the King here shall consider in that behalf And now here at this day come as well the aforesaid Owen by Otho Gayer his Attorny as the aforesaid Iohn by Iohn Nye his Attorny And upon this the said Owen saith That whereas the aforesaid Iohn in the Court of the said Lord the King that now is here that is to say in the Term of St. Michael in the yeer of the Reign of the Lord the King that now is of England c. the 5th before Edward Coke Kut and his Companions then Justices of the said Lord the King of the same Bench here that is to say at VVestminster by the consideration of the said Court recovered against the said Owen as well the aforesaid Debt of 200. pounds as the aforesaid 33. shillings and 4. pence which to the said Iohn in the same Court of the said Lord the King here was adjudged for his Damages which he had by occasion of detaining the same Debt whereof he is convicted And whereas also the said Owen for that he did not come into the same Court of the said Lord the King here to satisfie the said Iohn of his Debt and Damages he was put in Exigent in the aforesaid County of Sussex to be Outlawed and for that occasion afterwards that is to say the 9th day of May in the yeer of the Reign of the Lord the King that now is the 6th was Outlawed upon the said Outlawry the aforesaid Iohn Drury afterwards that is to say in the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is the 6th abovesaid sued forth out of the Court of the Lord the King of the Bench here a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen then to the Sherriff of the aforesaid County of S. directed By which Writ the said Lord the King then commanded the said Sherriff of S. that he do not omit for any Liberty within his County but that he take the said Owen Outlawed in the said County of Sussex the said 19th day of May in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid At the Sute of the said Iohn Drury of the plea of Debt whereof he is convicted of c. And him safely keep c. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls then next comming to do receive what the Court of the said Lord the King thereof should consider in that behalf By virtue of which Writ the said Owen afterwards that is to say the 7th day of October in the 6th yeer aforesaid at Guildford in the aforesaid County of Surry by the aforesaid Rob. Morley then being Sheriff of the aforesaid County of Surry was taken and imprisoned And after he was so taken and imprisoned the said Owen by the said Sherriff the same day and yeer c. At Guildford aforesaid out of that Prison at large where he would freely and voluntarily to go was suffered and from the execution aforesaid was delivered And this he is ready to aver Whereupon he prayeth Judgement And that the aforesaid John from having his execution aforesaid by colour of the Judgement aforesaid be barred and that the said Owen thereof be discharged c. And the aforesaid John prayeth licence thereof to imparl here until 8. dayes of St. Michael c. And hath it c. And the same day is given to the aforesaid Owen here c. At which day the plea aforesaid was adjorned by Writ of the Lord the King of Common adjornment
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
possessions thereof then being The Tenor of which Letters Patents followeth in these words The King and Queen to all to whom c. greeting Know ye That we in Consideration of the good true and faithful service of our Beloved and Faithful Servant George Howard Kt. before this time to us done and for diverse other causes and Considerations us specially moving Of special grace and of our certain Knowledge and meer motion have given and granted and by these presents do give and grant for us the Heirs and Successors of us the aforesaid Queen to the aforesaid George Howard All those two Acres of our Lands lying and being in Ashwynen in our County of Norfolk c. We also give and grant by these presents to the aforesaid George Howard Kt. Two pieces of our Lands called Nettlehamsted and VVikemans containing by estimation 15. Acres lying and being in VVymondhom aforesaid in the County aforesaid now or late in the tenure or occupation of John Coleman and late to the Monastery of VVyndmondham sometimes belonging and appertaining and being parcel of the possessions thereof c. We also give for the Consideration aforesaid by these presents for us the Heirs and Successors of us the aforesaid Queen grant to the aforesaid George Howard Kt. all and all manner of Woods and Underwoods and our Trees whatsoever of in and upon the premises growing and being and all the Land Ground or Soyl of the same Woods Underwoods and Trees and the Reversion and Reversions whatsoever of all and singular the premises above expressed and specified and to every parcel thereof as also the yearly Rents and profits whatsoever reserved upon whatsoever Demises and Grants of the premises or any parcel thereof any wise made as fully and wholly and in as ample manner and form as any Abbots Priors of the said late Abby or Priory or any of them or any Guardians or any Chapleins Chaunters or Incombents or any Chaplein Chaunter or Incumbent of Chauntry Guilds Lamps Obits and Lights aforesaid or any other or others the premises or any parcel thereof having possessing ever had held or enjoyed or ought to have hold use or enjoy as fully freely and wholly and in as ample manner and form as all and singular the premises to our hands or to the hands of the most dear Father of us the said Queen Henry the 8th late King of England Or unto the Hands of our most dear Brother of us the said Queen Edward the 6th late King of England by reason or colour of the several Dissolutions of the said late Monastery Priory Chauntry Guild Lamps Obits and Lights aforesaid or by reason of any Act of Parliament or any Acts of Parliament or any other lawful means Right or Title ought to come and in our Hands now of right by reason of the dissolutions of the said late Monastery Priory Chauntry Guild Lamps Obits and Lights are or ought to be All which singular premises with the appurtenances from us and from the Father and Brother of us the said Queen were concealed and detayned and the Rents and Revenews thereof nor of any parcel thereof to us before this time were answered And all which and singular premises with the appurtenances now in the whole do amount to the cleer yearly value of 22. pounds 8. shillings and 6. pence and not above that is to say c. the aforesaid Lands Tenements Meadows Pastures and other the premises in Possewicke Kerringham Massingham Great â—erlingham Gist Girston Holm Hunstonston Alderford Duckleborough Boyton in the Parish of St. George in the City of the County of Norwich Buckenham New Winondham Plamsted Tylenham Southelingham Dinham and Estlyham aforesaid in the said County of Norfolk to the cleer yeerly value of 56. shillings and 4. pence And if it shall happen the aforesaid Lands ands Tenements above expressed or any parcel thereof at the time of the making of these our Letters Patents to be of greater yeerly value old Rent than in those present Letters Patents is particularly specified That then it shall be lawfull for us the said King and Queen and the Heirs and Successors of us the aforesaid Queen from time time during the Term of 10. yeers after the date of these Letters Patents into all the aforesaid Lands Tenements and other the premises and every parcel thereof so being of greater yeerly value to enter and the same to seize and have in our hands and our possession to keep until we the said King and Queen the Heirs and Successors of us the aforesaid Queen of so many summs of good and lawful mony of England to how much the said greater and yeerly value of the premises or any parcel thereof according to the rate of purchase of 21. yeers do amount unto we be thereof satisfied and paid To have and to hold and enjoy the aforesaid Messuages Houses Buildings Lands Tenements Meadows Feedings Pastures Woods Underwoods Rents Services and other Hereditaments whatsoever with the appurtenances And all and singular the premises with all their appurtenances to the aforesaid George Howard Kt. his Heirs and Assignes to the proper use and behoof of him the said George and his Heirs and Assignes for ever To hold the aforesaid Messuages Lands Tenements and all and singular other the premises with their appurtenances of us and of the Heirs and Successors of us the aforesaid Queen as of our Mannor of East Greenewich by Fealty only in free Socage and not in Capite for all Rents Services and demands whatsoever for the same to us the Heirs and Successors of us the aforesaid Queen for the same to be any way rendred paid or to be done And further of our further special grace We have given and granted and by these presents for us the Heirs and Successors of us the aforesaid Queen We give and grant to the aforesaid George Howard Kt. from henceforth All and singular the Rents Reversions and profits of all and singular the premises from the Feast of the Annuntiation of the blessed Mary the Virgin last past hitherto coming or arising To have the same of our gift without account or any other thing to us the Heirs and Successors of us the aforesaid Queen in any manner to be rendred paid or done We Will also and by these presents grant to the aforesaid George Howard that he have and shall have these our Leters Patents in due manner made and sealed Without any Fine or Fee great or small to us in our Hamper or elsewhere to our use for the same any wayes to be rendred paid or done because expresse mention c. In Witnesse c. T. R. and R. at Westm the 9th day of July in the yeers the 4th 6th of Philip and Mary And further the Jurors aforesaid say upon their Oath That at the aforesaid time of the making of the said Letters Patents so as before is said to the aforesaid George Howard The Mannor aforesaid from the aforesaid late King and Queen was
the causes aforesaid should be arrested and delivered into custody And the said Henry George Thomas Moundford John Argent John Taylor and William Bowden further say That afterwards and before the time in which c. that is to say the 24th day of October in the yeer of our Lord 1606. abovesaid The said Thomas Langton President of the College aforesaid at London in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid dyed After whose death and before the time in which c. That is to say the 25th day of October in the yeer of our Lord 1606. abovesaid The said Henry Atkins a diligent man and skilful in the faculty of Physick and one of the Comminalty of the College aforesaid and one of the then 8. Electors of the College aforesaid then being at the College aforesaid within London aforesaid in the Parish and Ward aforesaid was in due manner chosen and into the office of President of the College aforesaid for one whole yeer then next following and then and there held the said Office of President of the College aforesaid And the said Henry Atkins being President of the College aforesaid and the aforesaid George Turner William Dun Thomas Moundford and John Argent being Censors or Governours of the College aforesaid at an Assembly of the College aforesaid holden at the College aforesaid within London aforesaid in the Parish and Ward aforesaid the 7th day of November in the yeer of our Lord 1606. abovesaid before the aforesaid Henry Atkins then President of the College aforesaid and the aforesaid George Turner William Dun Thomas Moundford and John Argent then Censors or Governours of the College aforesaid came the aforesaid Thomas Bonham in his proper person Of which Thomas Bonham when the aforesaid Henry Atkins then President of the College and the aforesaid George Turner VVilliam Dun Thomas Moundford and John Argent then Censors or Governours of the College aforesaid they asked whether he would satisfie to the College aforesaid for his disobedience and contempts aforesaid and again submit himself to be examined and to obey the Judgement of the College aforesaid And the aforesaid Thomas Bonham then and there answered that he before that had within London aforesaid done and practised and then after within Loedoâ— aforesaid would do and practise Physick no leave being asked of the said College and that he would not in any thing to the President and Censors or Governours of the College aforesaid yield obedience And then and there affirming the aforesaid President and Censors or Governours aforesaid to have no authority over those who are made Doctors in the University By which the said Censors or Governours for the offences and disobedience aforesaid Then and there Ordained and Decreed That the aforesaid Thomas Bonham should be sent to Prison there to remain until from thence by the President and Censors or Governours for the College aforesaid for the time being he should be delivered as by the said Letters Patents and the Statutes aforesaid it is Ordained and Established and then and there made their Warrant with the Common Seal of the College or Comminalty sealed And to the Keeper of of the Prison of the Lord the King in the Compter London in the Poultry in the Parish of St. Mildred directed commanded by the said Warrant to the Keeper of the Prison aforesaid That the said Keeper of the Prison aforesaid should receive the Body of the said Thomas Bonham and him in the Prison aforesaid of the said Lord the King there should safely keep without Bail or Main-prise at the proper costs and charges of the aforesaid Thomas Bonham until the aforesaid Thomas Bonham by the command of the President and Censors or Governours aforesaid or their Successors he should be delivered Which Thomas Bonham for his offences and disobedience aforesaid together with the Warrant aforesaid in form aforesaid made the said Henry Atkins then being President of the College aforesaid the aforesaid George Turner William Dun Thomas Moundford and John Taylor then being Censos or Governours of the College aforesaid by virtue of the Letters Patents and Statutes aforesaid and the aforesaid William Bowden and John Taylor as Servants of the said Henry Atkins President and of George William Dun Thomas Moundford and John Argent and by their the said President and 4. Censors or Governours aforesaid Warrant the aforesaid time in which c. to one Richard Ware then Keeper of the said Prison of the Lord the King of the Compter aforesaid at London in the Parish of St. Mildred in the Poultry in the Ward of Cheap aforesaid as to them it was lawful to do Which commitment of the aforesaid Thom. Bonham for the causes aforesaid in form aforesaid done is the same Trespass and Imprisonment whereof the aforesaid Tho. Bonham above complaineth And this they are ready to averr and demand Judgement if the said Thomas Bonham his Action aforesaid against them ought to have c. And the aforesaid Thomas Bonham saith That he for any thing before alleged to have his Action ought not to be barred Because by protestation he saith That he the said Thomas Bonham was not insufficient not was found by the aforesaid President and Censors or Governours of the College aforesaid to practise Physick nor unfitly or insufficiently to the aforesaid President and Censors or Governours of the College aforesaid in the Art of Physick did answer as the 〈◊〉 Henry Atkins George Turner John 〈…〉 dford John Argent John Taâ—lor and William Bowdâ—n above hath alleged For Pleâ— the said Thomas Bonham saith That by the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 8th holden at London aforesaid the aforesaid 5th day of April in the yeer of his Reign the 14th and from thence adjorned to VVestminster in the aforesaid County of Middlesex until the last day of July in the yeer of the Reign of the said King the 15th and there then holden It was further Enacted by Authority of the same Parliament That whereas in the Diocesse out of London it was not then very like always to find men able sufficiently to examine according to the Statute such as should be admitted to exercise Physick in them That no person then after be suffered to exercise Physick through England until the said person should be examined at London by the aforesaid President and three of the aforesaid Electors and should have from the said President and Electors Letters Testimonials of their Approbation and Examination except he should be a Graduate of Oxford or Cambridge who had accomplished all things for his form without any Grace And further the said Thomas Bonham saith That he the said Thomas the second day of July in the year of our Lord 1595 in the University of Cambridge aforesaid took the Degree and Dignity of a Doctor in Physick and then and there that is to say the said second day of July in the
of her Exchequer Greeting Because in the Record and process and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the yeers of our Reign the 37th By Bil between us and Richard Bushopp of certain trespasses and intrusions in certain of our Woods with the appurtenances called Alton otherwise Aluington Woods conteyning by estimation 3000 Acres of Wood manifest Error hath entervened to our great damage And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor at Westminster and in the year of his Reign the 31th holden made amongst other things It is agreed and established that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer The Chancellor and Tresurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer and taking to them the Justices and such like sages as to them shall seem fit to be taken They cause to be called before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and the business thereupon to be duly examined And if any Error was found the same to be corrected and the Rolls to be amended and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth as in the said Statute it is conteyned We therefore willing Errors if any such were according to the form of the statute aforesaid to be corrected and speedy Justice to be done in that behalf Command you that if Judgement thereof be given then the Record and process aforesaid with alll things concerning the same before our beloved faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 21th day of the moneth of April you cause to come And to the same Keeper of our great Seal and you the aforesaid Tresurer the Record being seen and examined and the process aforesaid and your informations being heard and you the aforesaid Barons further in this part with the Councel of the Justices and other sages aforesaid Cause to be done what of right and according to the form of the Statute was to be done Witnesse my self at Westminster the 11th day of April in the yeer of our Reign the 39th Symons At the said 29th day of the said Moneth of April the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England and VVilliam Lord Burghley Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber next to the Exchequer aforesaid called the Councel Chamber and at the said day and place came before the Lord Keeper of the great Seal and the Lord Tresurer the aforesaid Atorney General of the Lady the Queen and for the said Lady the Queen said that in the Record and process aforesaid and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversly Erred that is to say that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose that the aforesaid late King Henry the 7th was seised of the reversion of the manor aforesaid with the appurtenances whereof c. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of VVarwick and by the force of the aforesaid Act of Parliament in the yeer of the Reign of the said late King the 19th in the Barr aforesaid mentioned by which Act it was enacted that the aforesaid Edward late Earl shâ—uld forfeit to the said late King all his Mannors Lands Tenements and Hereditaments whereas the aforesaid late King by vertue of the Attainder and Act of Parliament aforesaid as before is said made could not be seised of the Reversion aforesaid before inquisition thereof taken and of record remaining by which it should be sound that the aforesaid Earl at the time of the treason aforesaid by him committed or ever after was seised of the said Reversion as of Fee and right and in this that the aforesaid Richard doth suppose that the aforesaid late King Henry the 7th dyed seised of that Reversion and that the said Reversion descended to the aforesaid late King Henry the 8th as Son and Heir of the aforesaid late King Henry the 7th Whereas in fact the said Reversion did not descend to the said late King Henry the 8th nor by the Lawes of this Kingdom could descend before the Inquisition thereof for the aforesaid late King Henry the 7th thereof to be found and of Record to remain And in this that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King in the said County by virtâ—e of his office It was found that the aforesaid Edward late Earl of VVarwick was seised of the Reversion of the Manor aforesaid as of Fee and Right and so thereof being seised the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the 19th yeer of his Reign aforesaid was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid the late King Henry the 7th was seised of the Reversion aforesaid as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining more fully appeareth Whereas every Inquisition taken upon whatsoever Attainder of High-Treason taken before the Escheator by virtue of his Office ought to be retorned into the Court of the Kings Exchequer and there ought to be filed and not in the Court of Chancery And if in the Court of Exchequer retorned and there of Record it be not filed then the said Inquisition is void and of no force in Law And in this That whereas the aforesaid Richard Bushopp supposeth That the aforesaid late King Henry the 8th the 3d. day of November in the yeer of his Reign the 23th by his Letters Patents under his great Seal of England sealed bearing date the same day and yeer reciting That whereas the said late King the 12th day of October in the 12th yeer of his Reign had given and granted to the abovesaid Walter Walshe the Mannor of Grafton Fleuard with the appurtenances for the Term of the life of the said VValter and whereas the same late King the 6th day of December in the yeer of his Reign the 21th by other his Letters
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
Tenements aforesaid with the appurtenances as the aforesaid Christopher Digges the Son and the said Edward Digges in their Declaration above have alleged For Plea say That the aforesaid Christopher Digges the Father in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances in his Demesn of Fee and so thereof being seized the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th at Owtelmeston aforesaid by a certain Indenture between him the said Christopher of the onâ— part And Henry Crispe of Tennet in the aforesaid County of Kent Knight John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood Gent. of the other part made and with the Seal of the said Christopher the Father sealed bearing date the same day and yeer Aswel in the consideration of a Mariage between the said Christopher the Father and Martha Sister of the aforesaid John and Richard Brook before that time had and solemnized as in the consideration of the sum of 200. pounds of good and lawful Mony of England before the solemnization of the Mariage aforesaid to the said Christopher the Father paid and also for the preferring and sure advancing of the aforesaid Thomas Digges then Son and Heir aparent of the said Thomas begotten As also for diverse other good causes and considerations the said Christopher the Father moving Covenanted Granted and Agreed to and with the aforesaid Henry Crisp John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood their Executors and Administrators in form following That aswell the said Christopher Digges the Father and his Heirs and every other person and persons their Heirs who then stood or were seized or that at any time then after should stand or should be seized of and in all and singular the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Christopher Digges the Father whatsoever with the Appurtenances situate lying and being in the aforesaid County of KENT from thence forward should stand and be seized of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of KENT with all and singular their Appurtenances to the onely uses and intents afterwards in the said Indentures mentioned and expressed and to no other use intent or purpose That is to say To the use of the said Christopher Digges the Father for the Term of his life And after the decease of the said Christopher the Father to the use of the said Thomas Son of the said Christopher the Father and the Heirs Males of the Body of the said Thomos lawfully begotten or to be begotten and for default of such issue to the use of the Heirs Males of the Body of the said Christopher the Father upon the Body of the said Martha lawfully to be begotten as by the said Indenture amongst other things it more fully appeareth By virtue whereof and by force of a certain Statute of tranferring of uses into possession in the Parliament of the late King HENRâ— the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The said Christopher Digges the Father was seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as of Free-hold for the Term of his life the Remainder thereof to the aforesaid Thomas in form aforesaid expectant And the said Christopher the Father being thereof so seized the Remainder thereof in form aforesaid expecting The said Christopher the Father at Owtelmeston aforesaid dyed of such his Estate thereof seized After whose Death The said Thomas Digges the Son into the Mannors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail that is to say to him and the Heirs Males of his Body begotten by virtue of the Indenture aforesaid and by force of the Statute aforesaid And so being seized of all and singular the Mannors and Tenements aforesaid The aforesaid 10th day of April in the yeer of the Reignof the said Lady the Queen that now is the 32th At Owtelmeston aforesaid of such his Estate dyed seized Thomas Posthumus Digges being Son and Heir of his Body within Age and in the Ward of the said Lady the Queen as by the said Inquisition it is found without that that the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as Fee as the aforesaid Christopher the Son and Edward in the Monstrans de droit aforesaid above have alleged And this they are ready to aver Whereupthey demand Judgment If the Hands of the said Lady the Queen from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the Mannor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Mannors Lands and Tenements whereof it is supposed that the said Christopher the Father dyed seized in 4. parts to be divided or of any part thereof ought to be amoved Or the aforesaid Christopher Digges the Son and Edward to the aforesaid purparts of the premises in the mean time aforesaid received ought to be restored And the aforesaid Christopher the Son and Edward as at first say That the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid in his Demesn as of Fee as in their Monstrans de droit aforesaid above they have alleged And this they are ready to aver And pray that it be inquired of by the Country And the aforesaid Thomas Palmer and Margaret likewise c. And therefore day is given to the parties aforesaid before the said Lady the Queen in 8. dayes of Saint Hillary wheresoever it should be to do and receive what shall be just in the premises And that it is commanded to the Sherif of KENT that he cause to come before the said Lady the Queen at that day 12. good and lawful men of the Neighbourhood of Barham Lenham Frensted Harrisham Sturrey Hackington and the Parish of Saint Stephens and of the Mannor of Netherhard in his Balywick whereof every one have 4. l. per Annum in Lands Tenements or Rents at the least by whom the truth of the matter might best be known And who neither c. To Recognize c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and Edward Digges by Thomas Westbie the Elder their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif of KENT retorned the names of the Jurors c. Whose names c. Whereof none c. Therefore it is commanded to the said Sherif of KENT that he have their Bodies afore the Lady the Queen in 8. dayes of the
Integrity and gravity And further to the said Lord the King we Certifie That afterwards that is to say the first day of February in the yeer of the Reign of the said Lord the King that now is the 8th the aforesaid James Bagg continuing in his evil disposition and intent aforesaid at Plymouth aforesaid in the Guild-hall of the Borough aforesaid in the presence of one Thomas Fowens then being Mayor of the Borough aforesaid in the presence and hearing as well of the Chief Burgesses as of the other Inhabitants of the Borough aforesaid scornfully and without reasonable cause spake to the aforesaid Thomas Fowens these false and injurous words following that is to say Thou the aforesaid Thomas Fowens then Mayor intending art an Insolent Fellow whereas in Truth the said THOMAS in the whole course of his Life bore himself towards all Men Honestly Civily and with Praise And further to the said Lord the King we certifie that the afterwards that is to say the first day of August in the yeer of the Reign of the said Lord the King that now is the 9th at Plymouth aforesaid in the presence and hearing of the aforesaid Thomas Fowens and of very many other of the Burgesses of the Burough aforesaid being gathered together in the Guild Hall of the Burough aforesaid the aforesaid James Bagg continuing his evil disposition and intent aforesaid divers contemptible words of the aforesaid Thomas Fowens then being Mayor of the Burrough aforesaid with a loud voice spake and uttered upon which the aforesaid Thomas Fowens with mild words admonishing the aforesaid James Bagg that he would desist from uttering such contemptible words aforesaid the aforesaid James Bagg thereupon then and there that is to say the 10th day of August in the 9th yeer abovesaid at Plymouth aforesaid and in the presence and hearing of the aforesaid Thomas Fowens then Mayor of the Burrough aforesaid and very many other of the Burgesses and Inhabitants of the Burrough aforesaid and in contempt and disdain of the said Thomas Fowens then Mayor turning the hinder part of his Body in an unhumane and uncivil manner towards the aforesaid Thamas Fowens scoffingly contemptuously and uncivily with a loud voice said to the aforesaid Thomas Fowens these words following that is to say come and Kâ—ss And further to the said Lord the King we certifie that afterwards that is to say the 20th day of August in the yeer of the Reign of the Lord the King that now is the 19th at Plymouth aforesaid the aforesaid James Bagg with most arrogant words threatned the said John Fowens then being Mayor oâ— the Burrough aforesaid without any reasonable cause and then and there to the said John Fowens threatningly and malitiously spake the words following that is to say I will make thy neck crack And further to the said Lord the King we certify that afterward that is to say the third day of May in the yeer of the Reign of the Lord the King that now is the 12th A certain Order and friendly Instrument of admonition was made by Iohn Scobb Mayor of the Burrough aforesaid and the greater part of the Chief Burgesses of the same Burrough in these words that is to say The 9th day of May 1614. the day and year above written It was agreed by John Scobb Mayor and such other of the Maisters here under written that if Mr. Iames Bagg the Elder do not before the next sâ—ssions to be holden within the Burrough of Plymouth Reconcile himself to the said Mayor and his brethren for such wrongs as he hath committed against them and withall faithfully promise to demean himself more orderly temperately for the time to come that then he shall be clean removed from the Bench and a new Master chosen in his Room which Order or Instrument was made and subscribed by the said Mayor and other of the Chief Burgesses of the Burrough aforesaid And further to the said Lord the King we Certifie That the aforesaid James Bagg before the aforesaid next sessions in the Order aforesaid mentioned did not make any such reconciliation or promise of Conformity as in the Order aforesaid is specified although full notice of the aforesaid Order immediately after the making thereof before the aforesaid next sessions was given to him at Plymouth aforesaid And further to the said Lord the K. we Certifie that afterwards that is to say the 20th day of Febr. in the yeer of the Reign of the said Lord the K. that now is the 12th the afores Jam. Bagg continuing his evil dispositioÌ„ in his intent aforesaid at Plymouth afores in the Guild-hall of the Borough aforesaid in the presence hearing of John Scobb one of the Chief Burgesses of the Borough aforesaid And then being a Justice for the keeping of the Peace within the Borough aforesaid by virtue of the Letters Patents aforesaid by reason of his Mayralty of the Borough aforesaid the yeer then next before and in the presence and hearing of the then Mayor of the Borough aforesaid and of diverse other of the Burgesses and Inhabitants of that Borough contemptuously these words following spake uttered of the aforesaid John Scobb openly and publickly falsely and scandalously that is to say You the aforesaid John Scobb intending are a Knave whereas the aforesaid John Scobb honestly and with praise carried and governed himself And further to the said Lord the King we Certifie That afterwards that is to say the 10th day of December last past then the Mayor of the said Borough and diverse of the Chief Burgesses of the Borough aforesaid at Plymouth aforesaid being assembled together in the Almes-house of the said Borough to require and receive an Account of the Overseers of the Borough of the Borough aforesaid as in times past and time whereof the Memory of Man is not to the contrary it was used the aforesaid James Bag then and there in the presence and hearing of the said Mayor and other of the Chief Burgesses aforesaid without any reasonable cause openly and publickly sayd to the said Thomas Shervill there then present and one of the Chief Burgesses of the Burrough aforesaid and for the space of 10. yeers then last past being these false and scandalous words following that is to say You the said Thomas Shervill intending are a seditious Fellow whereas in Truth the aforesaid Thomas Shervill alwaies lived not suspected of any such crime of Sedition and from time in the Office of Mayor of the Burrough aforesaid as in the place and Office of Chief Burgesse Honestly Discreetly and with great Integrity carried and governed himself And further to the said Lord the King we Certifie That whereas the said Lord the King the day of January in the 12th yeer of his Reign aforesaid at Westminster in the Counâ—y of Middlesex with the Advise of the Lords of his Privy Council of this his Realm of England Ordained and Commanded by publick Proclamation and by Letters written under
the proper Hands of diverse of the Lords of his Privy Council sealed That none nor any person w 〈…〉 soever should kill or put to sale any Flesh for Victuals in the time of Lent then next following contrary to the Lawes and Statutes of this Realm And that all Mayors and other Head Officers in Burroughs and Towns Corporate within this Kingdom of England in the beginning of the time of Lent then next coming or before should cause all Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse-keepers within the precinct of their Jurisdiction to be bounden to the Lord the King by Bond that they should not dâ—esse any Flesh for Vâ—ctuals all the said time of Lent then next following And whereas afterwards that is to say the 20th day of February in the 12th yeer aforesaid One John Clement then and yet Mayor of the Burrough of Plymouth aforesaid according to the duty of his Place and in Obedience of the said Ordinance and Command of the said Lord the King sent to all the Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-keepers aforesaid within the precinct of the Burough aforesaid that they become bound by their Writing to the use of the said Lord the King according to the Tenor and Exigency of the aforesaid Ordinance and Command of the saâ—d Lord the King the due Execution of the Ordinance aforesaid in that behalf required and endeavored within the Burrough aforesaid The aforesaid James Bagg well knowing the premises and continuing his evil disposition and intent aforesaid At Plymouth aforesaid endeavoured and attempted to hinder and make void the due Execution of the aforesaid Ordinance and Command of the said Lord the King And to that purpose the same 20th day of February at Plymouth aforesaid to diverse Inhabitants of the Burrough aforesaid and other of the Kings leige People then being and having then and there speech with the aforesaid James Bagg of and upon the businesse aforesaid openly and publickly spake and uttered these words following that is to say Master Mayor meaning the said John Clement doth more herein than he need and more than he can well Answer Meaning that the said John Clement in requiring the aforesaid Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-Keepers to become bounden to the use of the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King had done more than was needful and more than he could well Answer By reason of which speech diverse Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse Keepers dwelling within the aforesaid Burrough utterly refused to be bounden to the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King and farther we certifie that the aforesaid Mayor and Comminalty of the Burrough of Plymouth and their predecessors time whereof the memory of men is not to the contrary had and used to have within the Burrough aforesaid a certain Custom of Wine called Wine-weight otherwise Wine Wite payable by every Taverner selling Wine within the Burrough afores of which Custom of Wine aforesaid the Mayor and Comminalty from the whole time aforesaid quietly and peaceably were possessed of until the aforesaid Ja. Bagg the 29th day of Nov. in the yeer of the Reign of the said Lord the King that now is the 4th at â—lym afores perfidiously maliciously practised with William Benâ—ly and Thomas Lyde being Taverners and Sellers of Wine within the Burrough aforesaid to them revealing divers secret counsels concerning the common profit of the Burrough aforesaid and them the said William and Thomas then and there perswaded that they no more should pay the aforesaid custom of wine called Wine-weight otherwise Wine-wite nor any summ of money for the same to the aforesaid Mayor and Comminalty which very day the 29th day of November in the 4th yeer aforesaid the aforesaid James Bagg being then one of the 12. Chief Burgesses of common Council of the Burrough aforesaid at Plymouth aforesaid perfidiously and maliciously spake to the said William Bently and Thomas Lyde these words that is to say you need not pay the Money meaning a certain Farm by them the said William and Thomas for the Custom aforesaid before then to â—he aforesaid Mayor and Comminalty payable for the Wine-weight any longer except you list for it is not due unto them By reason of which perfidious and malicious words the aforesaid William Bently and Thomas Lyde utterly refused to pay and yet do refuse and by reason thereof diverse Strifes and Controversies are risen and hereafter are like to arise betwixt the aforesaid William Bently and Thomas Lyde and the aforesaid Mayor and Comminalty for the Custome of Wine aforesaid and the Farm aforesaid to the great damage and prejudice of the aforesaid Mayor and Comminalty And further to the said Lord the King we Certifie that the aforesad James Bagg the first day of May in the yeer of the Reign of the Lord the King that now is the 12th and diverse other days and times then before at Plymouth aforesaid persidiously said to diverse Inhabitants of the Burrough aforesaid and to other the leige people of the said Lord the King upon Communication between them and the aforesaid James Bagg then before had of and concerning the liberties and Privileges of the Burrough aforesaid that he the said James Bagg would overthrow and make void the Charter of the Town aforesaid meaning the Charter aforesaid by the aforesaid Late Queen Elizabeth to the aforesaid Mayor and Comminalty as before is said granted And that he the said James the liberties privileges of the Burrough aforesaid would call in question and the same Privileges and Liberties overthrow And further to the Lord the King we Certifie that afterwards that is to say the 17th day of April now last past the aforesaid James Bagg in the said Writ named for the Causes aforesaid by the Mayor and Comminalty of the Burrough aforesaid from the Office of one of the Chief Burgesseâ— and Magistrates of the Burrough aforesaid was amoved c. John â—lement Mayor SCIRE FACIAS Pleas before the Lord the King that now is in his Chancery at Westminster in the County of Middlesex Hillary Term in the yeer of the Lord King JAMES by the Grace of God of England Scotland France and Ireland King the 3d. and of Scotland the 39th fol. 1. The PRINCES Case THE Lord the King that now is sent his Close Writ to the Sheriff of Cornwall directed in these words JAMES by the Grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sheriff of Cornwall greeting Whereas in the Statute in the Parliament of the Lord Edward late King of England the 3d. in the yeer of his Reign the 11th at Westminster in the County of Middlesex holden made amongst other things it was Enacted by Authority of the said Parliament That the Eldest Son of the King
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
by these presents covenanteth granteth demiseth and letteth to Farm to the said Agnes and Anthony and to the Heirs of the same Anthony The said Tenement Mese or Farm called Vngthorp in the Parish of Marton in Craven in the County of York together with the Closures Feedings Pastures arable Lands Meadows Woods Waters Common of Pasture in the Moors of East and West Marton Common of Turbury with free passage to and fro the same Common of Easton to a Ground or Meadow called Tadholm lying in the demesn Closes of Marton Hall and all Houses Barns Boons and Buildings to the same Tenement or Farm called Vngthorp belonging or in any wise heretofore appertaining now and of old time being of the only yeerly Rent of 53. shillings and 4. pence To have and to hold the same Tenement or Farm called Vngthorp with all singular the premises with the Appurtenances to the same Agnes and Anthony and to the Heirs of the same Anthony from the date hereof to the end and Term of 99. yeers next and immediately following and fully to be compleat and ended and so from 99. yeers to 99. yeers until such time as 300. yeers be spent fully finished and expired without impeachment of any manner of Waste in and as ample free and large manner as ever Nicholas Simson Hugh Baldwin and the said Agnes Baldwin or any other Tenant or Farmer of the said Tenant or Mease of Vngthorp with all the singular the premises with the Appurtenances ever occupied or might have occupied the same without interruption let disturbance denial contradiction or resistance of the same Earl or of his Heirs and Assigns or of any other Officer Farmer or Farmers of the same Earls of the Manor or Capital Mese called Marton Hall for the time being or of any other at or by Will Assent Consent or furtherance of the same Earl his Heirs and Assigns And further the said Agnes and Anthony Covenanteth and Granteth by these presents for them and the Heirs of the said Anthony to and with the same Earl that they the same Agnes and Anthony and the Heirs of the same Anthony shall yeerly during the said Term at the Feast of Saint Michael the Archangel and within 40. dayes after for certain urgent considerations content and pay or cause to be contented and paid to the said Earl his Heirs and Assigns as well a Penny separately by it self as 5. shillings 4. pence Sterling in a grosse and intire sum if it be asked for the which payment of the said single Penny and of the said 5. shil 4. pence The said Earl covenanteth granteth for him his Heirs Assigns to and with the said Agnes and Anthony to discharge save harmless from time to time all the said Land and Tenements And the said Agnes and Anthony and the Heirs of the same Anthony as well of and from the payment of the said penny as for the payment of the sum of 4. shillings 4. pence as of all other Sutes Exactions Boons Gressions Fines Customs and all other Impositions or Demands whatsoever they be concerning the same Messuage or Tenement called Vngthorp and all other the premises with the Appurtenances during the said Term now granted or any time hereafter by force of this Indenture to be granted by the Earl and his Heirs as well against our Sovereign Lord the King and his Heirs as against all other person or persons whatsoever they be And further the said Earl covenanteth to and with the said Agnes and Anthony by these presents That the said Earl his Heirs and Assigns shall at the end and Term of 300 yeers make or cause to be made to the Heirs or Assigns of the said Anthony a like Demise and Lease of the said Messuage or Tenement and all other the premises with the Appurtenances if it be asked for so many more yeers as is contained in this Lease And the same Lease to be of like force effect and strength in the Law as this present is without any Covin Fraud Collusion Denyer or male Engine but truly and faithfully according to the true puport and meaning of these presents In witnesse whereof the parties abovesaid to these Indentures interchangeably have set their Seals the day and yeer abovesaid And the said Jurors further say upon their Oath That no licence or seisin of the Tenements aforesaid or any part thereof was delivered to the aforesaid Agnes Anthony or to any of them upon the Indenture aforesaid And that the aforesaid Agnes and Anthony had held the Tenement Mese and Farm aforesaid with the Appurtenances whereof the aforesaid 4. acres with the Appurtenances in which c. are and then were parcel as the Law in this case requireth And the said Agnes and Anthony so having and holding the Tenement Messuage and Farm aforesaid with the Appurtenances whereof the 4. acres in which c. are and then were parcel the said Agnes the last day of October in the yeer of the Reign of the said Lady the Queen that now is the 5th at Marton aforesaid in the County aforesaid dyed And the aforesaid Anthony her overlived and continued the possession of the Tenements Messuage and farm aforesaid with the Appurtenances whereof the aforesaid 4. acres of Land with the Appurtenances in which c. are parcel and took the profits thereof and had occupied and held the Tenement Messuage and Farm aforesaid whereof the aforesaid 4. acres of Land with the Appurtenances in which c. with the Appurtenances are parcel of such estate and interest as the Law in this case requireth And he having occupying and holding the Tenement Messuage and Farm aforesaid whereof the within written 4. acres of Land are parcel The aforesaid Henry late Earl of Cumberland dyed having issue George now Earl of Cumberland his Son and Heir And the said George Earl of Cumberland entred into the Tenements aforesaid And afterwards that is to say the 17th day of April in the yeer of the Reign of the said Lady the Queen that now is the 24th enfeoffed the aforesaid Christopher Marton of the aforesaid 4. acres of Land with the Appurtenances To have to the said Christopher and his Heirs for ever And that the aforesaid Anthony at the time of the making of the Feoffment aforesaid and after that Feoffment made hitherto continued possession as well of the aforesaid 4. acres of Land with the Appurtenances as of the Messuage and rest of the Tenements and Farm aforesaid But yet the Jurors further say That before the Feoffment aforesaid the aforesaid Rent to the aforesaid Henry late Earl of Cumberland and his Heirs by the Indenture aforesaid granted as well to the aforesaid Henry Earl of Cumberland in his life and after the death of him the said late Earl to the aforesaid George now Earl of Cumberland as to the aforesaid Christopher Marton after the Feoffment aforesaid by the aforesaid Anthony was paid And the said Jurors further say upon their Oath