use thereof in the abovesaid Fine in form abovesaid to be levyed and acknowleged before by this Indenture not limited or appointed the Rent of 10 quarters of Barley only except to be to the only use and behoof of the said Christopher Digges his Heirs and Assignes for ever and to no other use or uses purpose or intent and that the said Fine or use and execution thereof as to the abovesaid 10 Quarters of Bâ—rley to be to the only use and behoof of the abovesaid Richard Gaunt and his Heirs for ever In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeably have set dated the day and yeer first above wriâ—ten And the aforesaid Christopher Digges the Father so as afore is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the Monstrans de droiâ— within written specified as the Law requireth being seised Afterwards and before the bringing of the Monstrans de droit within written that is to say from the day of Saint Martin within writen in 15 dayes in the yeer of the Reign of the said Lady the Queen that now is the 14th abovesaid A Fine was levyed in the Court of the said Lady the Queen that now is at Westminster in the County of Middleâ—ex before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards in 8 dayes of Saint Hillary in the yeer of the same Lady the Queen that now is the 14th abovesaid there then granted and recorded before the said Justices and oâ—hers of the Queens faithfull people then and there present between the aforesaid Richard Gaunt Gentleman and Lawrence Applegate plaintiâ—s and the aforesaid Christopher Digges and Martha his Wife deforceants of the Manors Lands Tenements and Hereditaments in the Monstrans de droit within written with the appurtenances amongst other by the names of the Manors of Owtelmestone Mayton Nackington and Yokes Court with the appurtenances and 40 Messuages 20 Tofts one Mil 3 Dovehouses 20 Gardens 12 Orchards 1000 Acres of Land 100 Acres of Meadow 700 Acres of Pasture 600 Acres of Wood 100 Acres of Furze and Heath and 100 shillings of Rent and the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborn Bridge Patricksborne Littleborne Wellborne Sturrey Saint Stephens Nackington Netherherds Lenham Harisham Frinsted Sutton Ripple and Shalden whereupon a plea of Covenant then was summoned between them in the said Court That the aforesaid Christopher Digges and Martha do acknowlege the aforesaid Manors and Rents with the appurtenances to be the Right of the said Richard and those which the said Richard and Lawrence then had of the gift of the aforesaid Christopher and Martha and these then remised and quit claimed from them the said Christopher and Martha their Heirs to the aforesaid Richard and Lawrence and the Heirs of the the said Richard for ever and moreover the said Christopher and Martha then had granted for them Heirs the of the said Christopher that they warrant to the aforesaid Richard and Lawrence and the Heirs of the said Richard the aforesaid Manors Tenements and Rents with the appurtenances against all men for ever and for this Recognition Release Quit claim warranty Fine and Concord the said Richard and Lawrence gave to the aforesaid Christopher and Martha 8 pound Sterling which Fine was levied with proclamations according to the form of the Statute in such case made and provided And further the Jurors say upon their oath aforesaid that the aforesaid Fine in form aforesaid levyed was had and levyed to the uses and intents in the Indenture aforesaid bearing date the 26th day of October in yeer of the Reign of the said Lady the Queen that now is the 14th as abovesaid above specified By colour of which Fine Indenture and Statute aforesaid the aforesaid Christopher Digges the Father was seised of the Manors Tenements and Hereditaments aforesaid with the appurtenances as the Law requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Christopher Digges the Father so as before is said of the Manors and Tenements above written as the Law requireth being seised the said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterwards that is to say the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 14th came into the Court of the said Lady the Queen of her Chancery and then and there acknowleged the Indenture aforesaid bearing date the 20th day of September in the 13th yeer aforesaid to be their deed and upon that the said Indenture afterwards that is to say the 7th day of November in the 14 yeer aforesaid in the said Court of Chancery in due Maner of Record was Inrolled By virtue of which and force of the Statute aforesaid the said Christopher Digges the Father was of the Manors Lands and Tenements within written seised as the same Law requireth and so thereof being seised the said Christo Digges the Father afterwards and before the day of the bringing of the shewing of right within written that is to say the first day of February in the yeer of our Lord 1576 and in the yeer of the Reign of the said Lady the Queen that now is the 19th made his Testament and last Will in writing of which said Testament and last Will the Tenor amongst other followeth in these Words In the Name of God Amen The first day of February in the yeer of our Lord God 1576 and in the 19th yeer of the Reign of our Sovereign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. I Christopher Digges of Saint Gregories without the Walls of the City of Canterbury Esquire Son and Heir of William Digges late of Barham in the County of Kent deceased being sick in body but of good and perfect remembrance thanked be the Almighty God Revoking and making void all other my former wills ordayn and make this my present Testament and last Will in manner and form following That is to say this is the last Will of me the abovesaid Christopher Digges made the day and yeer abovesaid touching the disposition of all my Lands Tenements and Hereditaments in the County of Kent and Canterbury or elsewhere in the Realm of England First touching the thirds and third part of my Land to be due unto the Queens Majesty or any other for Wardship Primer seisin Livery or otherwise my Will and meaning is to leave to descend to Thomas Digges my Son to have and to hold to him and his Heirs for ever All these my Lands and Tenements called or known by the name of Eastendown containing by estimation 10 Acres of Land and all these Lands Tenements Hereditaments which I had by descent after the death of Thomas Digges of Newington next Sittingborn Esquire deceased and if the
consent and agreement do covenant and grant to and with the said Thomas Ovington and Thomas Diggss their Heirs and Assigns by these presents that from the time of the Inrollment of this present Indenture in the Queens Majesties Court of Chancery that all and every the said use and uses considerations and intent in any wise limitted declared and mentioned in the abovesaid Indenture in these presents above comprised and for and as concerning all and singular their Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in any wise mentioned meant comprised and specified in the abovesaid Indenture in these presents above comprised except or Meadow lying and being in the Parish of Bishopsborne in the said County of Kent contayning by estimation or thereabouts and now or late in the occupation or possession of one Vincent Edley or of his Assigns shall be utterly void and frustrate and be determined and ended and that the said Christopher Digges and his heirs and all and every person and persons which now stand and be seised or at any time hereafter shall stand and be seised of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances or any parcel thereof in any wise mentioned meant comprised or specified in the abovesaid Indenture in these presents comprised except before excepted shall from the time of the Inrolment of these presents stand and be seised of and in all and singular the said Manors Messuages Lands and Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in the said former Indenture or in these presents meant contained or specified and of and in all and every part and parcel thereof except before excepted to the only use of the said Christopher Digges his Heirs assignes for ever to no other use or uses purposes or intents In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeablie have set dated the day and yeer first above written as by the said other Indenture further recited more fully appeareth And the aforesaid Christopher Digges the Father so as before is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the aforesaid Indenture bearing date the 20th day of September in the 13th yeer abovesaid as the same requireth being the said Christopher Digges the Father afterwards and before the day of the being of the Monstrans de droâ—t within written that is to say the 20th day of October in the yeer of the Reign of the said Lady the Queen that now is the 14th By another certain Indenture between the said Christopher Digges the Father of the one part and Richard Gaunt Gentleman and Lawrence Applegate of the other part made one part of which with the Seal of the said Christopher to the Jurors aforesaid in evidence was shewed whose date is the same day and yeer covenanted and granted for him and his Heirs to and with the aforesaid Richard Gaunt and Lawrence Applegate in manner and form as in the Indenture aforesaid is conteyned the Tenor of which followeth in these words Thiâ— Indenture made the 25th day of ctober in the 14th yeear of the Reign of our Soveraign Lady Elizabeth by the gâ—ace of God Queen of England France and Ireland defender of the Faith c. Between Christopher Digges of Barham in the County of â—ent Esquier on the one party and Richard Gaunt of the City of Canterbury Gentâ—emâ—n and Lawrence Applegate of the Parish of Saint George of the same City Draper on the other party Witnesseth That it is Covenanted granted condescended and agreed by all the parties to these Indentures by these presents in maner and form following that is to say that first the said Christopher Digges for him and his Heirs Executors and Administrators doth Covenant and grant to and with the said Richard Gaunt and Lawrence Appâ—egate their Executors and assigns by these presents that he the said Christopher and Martha his Wife before the end of this Instant Term of Saint Michael upon the writ of Covenant to be persued by the said Richard and Lawrence out of the high Court of Chancery and retornable before the Queens Majesties Justices of the common plea at Westminster shall acknowledge and levy a fine of all those the Manors Lands Tenements Meadows Marshes Pastures Feedings Woods Underwoods Rents and Services to any the same Manors appertaining or in any waies belonging set lying and being in the Parishes of Barham Kingstone Bishop Borne Patiâ—chborne Littleborne Wellborne Sturrey Harrisham Saint Stephens Hackington Netherherds Lenham Brensted in the County of Kent and also all other the Lands Tenements whatsoever which he the said Christopher Dighes now hath or late had in the same County and that by he names of Owtelmestone Mayton Hackington and Yokes Court with the appurtenances 40 Messuâ—ges 20 Tofts 1 Mill 3 Dovehouses 20 GardeÌ„s 10 Oâ—châ—rds 1000 Acres of Land 100 Acres of Meadow 100 Acres of Pasture 600 Acres of Wood 10 Acres of Heath Furze 5 pound Rent the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborne Bridge Patricksboone Littleborne Wellborne Sturrey St. Stephens Hackington Netherherds Lenham Harrisham Frensted Sutton Repple and Sholden and nevertheless it is covenanted granted and agreed between the said Christopher Digges Rich Gaunt Lawrence Applegate they their Heirs Executors Assignes do covenant and grant by these presents to and with the said Christopher Digges his Heirs Executors and Assignes in form following that is to say that the same Fine and the use and execution of the same as to the Manor of Yokes Court with the appurtenances and one Messuage called Fokeham 500 Acres of Land Meadow and Pasture by estimation be it more or less with the appurtenances set lying and being in the parishes of Fremsted Lenham Harrisham in the County of Kent aforesaid 160 Acres of Land Meadow and Pasture in the Parish of Netherherds Nackington and Patricksborne in the said County And all those Lands arable and Pasture conteyning by estimation 200 Acres called Gore and Ilding lying and being in the Parishes of Barham and Kingstone now late in the 〈◊〉 of James Herenge and John Nethersale or of their assigns all Woods Wood-Lands Underwoods Courts Rents perquisites of Court to all the same only excepted shall be to the use of the said Christopher Digges and Martha and the Heirs and Assignes of the said Christopher Digges for ever And that the said Fine use and execution thereof as well to the said Manors of Owtelmestone Mayton and all the Lands Meadows Marshes Feedings Woods Underwoods Rents and Services to the same Manors or any of them belonging or in any wise appertayning and also all other the Lands Messuages Tenements Meadows Pastures Marshes Woods Underwoods and other Hereditaments whatsoever above in these presents specfiâ—ed mentioned or comprised the
of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Thomas and for default of such issue male of the Body of such ninth Son To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq for term of his natural life without impeachment of any wast after his decease to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Richard and for default of such issue male of such ninth Son to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight Lawfully begotten And for default of such issue male To the use of the right Heirs of the said Richard Vavasor for ever c. Provided c. And farther the Recognitors aforesaid say upon their Oath aforesaid That the aforesaid TenemeÌ„ts with the appurtenances in their view put and in the plaint aforesaid specified and in the recovery aforesaid comprized are parcel of the Mannors Lands and Tenements in the Indenture aforesaid specified and not other nor diverse But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire in form aforesaid made and had bearing date the aforesaid first day of February and first delivered the aforesaid 15th day of February in the 15th year abovesaid after the recovery aforesaid being to the uses in the same specified be good and sufficient in Law to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances or not The said Recognitors are altogether ignorant and thereof pray the advice of the Justices aforesaid and of the Court here c. And if to the same Justices and to the Court here It shall seem That the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the aforesaid Recovery in form aforesaid had and made bearing date the aforesaid first day of February and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified be good and sufficient in Law to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said Recovery of the Tenements aforesaid in view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged And that the aforesaid George Richard Coats John William Robert Thissilwood and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances as the said George Richard Coates John William Robert and Robart above have alleged And if it shall seem to the same Justices and to the Court here that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the Recovery aforesaid in form aforesaid made and had bearing date the aforesaid first day of February in the 15th yeare aforesaid after the aforesaid Recovery is insufficient in Law to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth above have alleged and that the aforesaid Thomas Dowman and Elizabeth were seised of the Tenements aforesaid in the view of the same Recognitors put and in the plaint aforesaid specified with the appurtenances in their demesn as of Fee in the right of the said Elizabeth until the aforesaid Edward Vavasor George Vavasor Richard Coates John Lawson William Musgrave Kobert Thissilwood and Robert ward them the said Thomas and Elizabeth thereof unjustly and without Judgment but not with force and Armes disseised them and then they assesse the Damages of the said Thomas Dowman and Elizabeth by occasion of the disseisin aforesaid besides their costs and charges by them about their sute in this behalf expended to 20 shillings and for their costs and charges to 10 shillings And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following c. to hear their Judgment thereof because the said Juste â—s here are not yet c. and diverse other meetings until Saturday nex after the morrow of All Souls c. Until Saturday next after the morrow of Martin c. And until Wednesday next after 8. dayes of the Holy Trinity c. At which day before the aforesaid Robert Shute and John Glench then Justices c. At the aforesaid Inn of the Justices As well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward George Richard Coats John William Robert and Robert by their Attornies come And because the Justices aforesaid here c Further day is given to the parties aforesaid before the Justices of the said Lady the Queen to take Assizes in the aforesaid County of York assigned at the aforesaid Castle of York until Monday the 6th day of August next comming c. Before which day the said Lady the Queen that now is By other her Letters Patents whose date is at Westminster in the year of her Reign the 24th the Tenor of which followeth in these words c. Elizabeth c. To our Beloved and Faithful John Clench Baron and Francis Gawdy one of her Serjants at Law Greeting Know ye c. And then follow the Letters Patents c. And because the same Justices here will farther avise themselves of and upon the premises before they give their Judgement thereof day c. Before them the said John Clench and Francis Gawdy then Justices c. At the aforesaid Inn until Saturday next after the morrow of All Souls c. At which day the aforesaid John Clench and Francis Gawdy then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not but withdrew themselves from the said Inn because before the said day for the infection of the Air and of the Plague of Men in the City of London and the Suburbs thereof as also in the City of Westminster being the Term of St. Michael which then
Record inrolled according to the form of the Statute in such case made and provided One part whereof sealed with the seal of the said Thomas Bowes to the Jurors aforesaid was shewed in Evidence For and in consideration of a certain summ of Money to the said Thomas by the aforesaid William Petham Esq before hand payed bargained and sould to the said William Petham The Messuage aforesaid with the Appurtenances amongst other things To have to him and his Heirs and Assignes for ever The Tenor of which Indenture followeth in these words This Indenture made the 19th day of December 1571. And in the 14th year of the Reign of our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Thomas Bowes Esq Son and Heir of Sir Martin Bowes Kt. late Citizen and Alderman of the City of London deceased of the one party And William Petham of London Esq and Lieutenant General of the Queens Majesties Ordnance of the other party Witnesseth That the said Thomas Bowes for and in consideration of the summ of 1000. pounds of good and lawful Money of England to him the said Thomas Bowes by the said William Pelham at and before the sealing of these presents well and truly contented and paid whereof and wherewith the said Thomas Bowes acknowledgeth himself fully contented satisfied and paid And thereof of every part and parcel thereof doth by these presents clearly acquit exâ—nerate and discharge the said William Pelham his Heirs Executors Administrators and Assignes and every of them for ever by these presents Hath bargained sold given and granted and by these presents doth fully and absolutely bargain sell give and grant unto the said William Pelham his Heirs and Assignes forever All those 8. Messuages or Tenements with the Appurtenances situate lying and being in the Parish of St. Mary VVoolnoth within the City of London now or late in the several Tennures or Occupations of Francis Barnard Cook Thomas Atkinson Scrivener John Allen Thomas Giles Haberdasher John Heath Scrivener Thomas Ryding Cloathworker Citizens of London Ellin Witten and Elizabeth Banester of London Widowes or their several Assignes together with all and singular Shops Sellers Yards Back-sides void Groundâ— Easements Wayes Profits Commodities and Appurtenances to the same Tenements or any of them belonging or appertaining or at any time had taken reputed known used or occupied as part parcell or member of them or any of them with the Advowson or Patronage and gift of the Benefice of the said Parish Church of St. Mary Woolnoth Together with all the Right Title Interest Claim Demand and Reversion with Rents reserved which the said Thomas Bowes hath or of right ought to have of in or to the said 8. Messuages and other the premises or any part or parcell of them or any of them And also the said Thomas Bowes for the Consideration aforesaid Hath bargained and sold given and granted and by these presents doth fully and absolutely bargain and sell give and grant unto the said VVilliam Pelham his He is and Assignes for ever As well the severall Counterpaines of the Indentures oâ— leases made demised and granted of the aforesaid several Messuages or Tenements As also all and every the Deeds Evidences Charters Court-Rolls Rentalls Escripts Miniments and Writings touching or in any wise concerning the premises or any part or parcell thereof All which said several Counterpaines of the said several Indentures of Lease and the said Deeds Evidences Court-Rolls Charters and Miniments before mentioned to be bargained and sold or as many thereof as be in the hands custody or possession of the said Thomas Bowes or of any other to his use The said Thomas Bowes doth covenant grant and agree for himself his Heirs Executors Administrators or Assignes and every of them to and with the said VVilliam Pelham his Executors Administrators and Assignes and every of them by these presents to deliver or cause to be delivered to the said VVilliam Pelham his Heirs Executors Administrators or Assignes At or before the Feast of the Nativity of St. John the Baptist next insuing after the Date of this Indenture Together with the true Copies of all such other Deeds Evidences Charters Court Rolls Rentalls Miniments and Writings as concern the said mentioned premises and other Lands Tenements and Hereditaments not bargained by these presents To have and to hold all and singular the aforesaid Messuages and other the premises with the Appurtenances and every part and parcell thereof by these presents bargained and sold unto the said VVilliam Pelham his Heirs and Assignes forever to the proper use and behoof of the said VVilliam Pelham his Heirs and Assignes for ever And further the said Thomas Bowes doth by these presents covenant and grant for him his Heirs and Executors to and with the said VVilliam Pelham his Heirs Executors Administrators and Assignes by these presents That all and singular the said 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof by these presents bargained and sold now remain and be and at all and every time and times hereafter shall remain and continue unto the said VVilliam Pelham his Heirs and Assignes for ever clearly acquitted discharged or otherwise sufficiently saved harmlesse by the said Thomas Bowes his Heirs Executors Administrators or Assignes of and from all Bargaines Sales Joyntures Dowers Judgements Executions Intrusions Fines Alienations and all other charges duties and incombrances whatsoever heretofore had made done or suffered by the said Thomas Bowes or his Assignes or by any other person or persons the several Leases heretofore made and granted of the premises now standing in their full force onely excepted and foreprised during which several Terms in the said several Indentures of Lease mentioned the said Thomas Bowes doth covenant and grant for Him his Heirs and Assignes to and with the said VVilliam Pelham his Heirs Executors and Assignes That the several Rents thereupon reserved shall and may have continuance and be payable to the said VVilliam Pelham his Heirs and Assignes during the said several Terms All manner of chief Rents and services heretofore to be due for the same to the chief Lord and Lords of the Fee and Fees only excepted And farther the said Thomas Bowes doth by these presents for himself his Heirs Executors Administrators and Assignes and every of them covenant grant and agree with the said William Petham his Heirs Executors Administrators and Assignes and every of them by these presents That he the said Thomas Bowes at the making thereof standeth and is lawful and rightful owner of all and singular the aforesaid 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof And that he is sole lawfully and rightfully seised of a good and perfect estate in Fee simple or Fee tail in his own right and to his own use onely and without condition or other defeasance of all the
said 8. Messuages and other the premises by these presents bargained and sold And that he hath full power and perfect lawful good authority to bargain fell and assure the same in manner form aforesaid And further that he the said Thomas Bowes and the Heirs of the said Thomas Bowes and all and every other person and persons and their Heirs having or lawfully claiming any lawful estate or interest of or in the premises or any part or parcell thereof shall and will at the costs and charges in the Law of the said VVill. Petham his Heirs and Assignes at all and every time and times hereafter during the Term of Four years next insuing the date thereof at the reasonable request of the said William Pelham his Heirs or Assignes do cause procure and suffer to be done All and every such reasonable and further act or acts thing or things devise or devises assurance and assurances whatsoever for the further and better assurance and sure making and for the clear and absolute having and enjoying of all and singular the aforesaid premises with their Appurtenances and every part and parcel thereof to be injoyed conveyed and assured to the said VVilliam Pelham his Heirs and Assignes be it by Fine Feoffment Recovery Deed or Deeds Inrolled Inrolement of these presents Recovery with single or double Vouchers and with warranty against all men or without warranty or otherwise as shall be reasonably devised or avised by the said VVilliam Pelham or by the Council learned in the Lawes of this Realm of the said VVilliam Pelham his Heirs or Assignes And that the said 8. Messuages and other the premises by these presents bargained and sold now are of the cleer yearly value of 67. pounds 13. shillings and 8. pence of lawful money over and above all charges and reprises And after the Feast of St. Michael the Archangel which shall be in the year of our Lord God 1688. of the cleer yearly value of 71. pounds 13. shillings and 4. pence of lawful Money of England over and above all charges and reprises In witness whereof the parties aforesaid to these Indentures sunderly have set their seals Given the day and year first above written Memorandum that afterwards that is to say the 21. day of December in the year abovesaid came the aforesaid Thomas Bowes before the said Lady the Queen in her Chancery at Westminster in his proper person And did acknowledge there the Indenture aforesaid all and singular in the same contained and specified in the former above written By Colour of which bargain sail and Inrollment aforesaid as also by force of a certain Act of transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the 27th year of his Reign holden made and provided The said William Pelham was seised of the Messuage aforesaid with the Appurtenances amongst other things in which c. as the Law requireth And the said VVilliam so being thereof seised before the time in which c. A certain Recoverie was had in the Court of Hustingâ— of Pleas of Lands holden in the Guild-hall London before the Mayor and Sheriffs of the same City according to the custom of the aforesaid City by Nicholas Parker and Simon Patricke demandants against the said Willi. Pelham then Tenant of the said Messuage with the Appurtenances amongst other things in which c. in and upon a Writ of the Lady the Queen of Right Patent by the aforesaid Nicholas and Simon brought out of the Court of Chancery of the said Lady the Queen and in the said Court of Hustings and according to the custom of the City afore said prosecuted The Tenors of which Writ and the return and the proceedngs thereof as also of the Recovery aforesaid with all things touching the same follow in these words ss Pleas of Lands holden in the Hustings in the Guild hall London Monday next the feast Perpetue feliatatis In the year of the Reign of our Lady Elizabeth by the grace of God of England France and Ireland Queen defender of the faith the 14th At this Hastings came here in their proper persons Nicholas Parker and Simon Patrick and brought here in Court a Writ of the Lady the Queen of Right Patent to the Mayor and Sheriffs of London directed in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Mayor and Sherifs of London greeting We command you full Right you do to Nicholas Parker and Simon Patricke of 8. Messuages with the Appurtenances in London which they claim to hold of us by the free service of 1. penny by the year for all service which VVilliam Pelham Esquire deforced them that no more clamor thereof we hear for defect of Right Witnesse my self at VVestminster the last day of February in the year of our Reign the 14 th And they found Pledges to prosecute the said Writ that is to say John Doo and Richard Roo And then and there the said Nicholas Parker and Simon Patrick put in their place VVilliam Dalby their Attorny against the aforesaid VVilliam Pelham by the said their Attorny then there demanded Process c. according to the Custom of the City aforesaid and it is granted unto them c. Upon which then it was Commanded then and there by the said Court to the Sheriffs of London according to the Custom of the said City That they summon by good summoners the said VVilliam Pelham that he be here at the next Hastings London of Pleas of Lands in the Guild-hall of the City aforesaid according to the Custom of the said City to be holden to Answer to the said Nicholas Parker and Simon Patricke in the same plea here c. At which day that is to say at the Hastings London of Pleas of Lands holden in the Guid-hall London Monday next before the Feast of St. Edward King and Martyr in the year of the Reign of the said Lady Elizabeth c. the 14 th aforesaid The said Nicholas Parker and Simon Patrick by the said VVilliam Dalby their Attorny came and appeared here c. And the Sheriffs of London that is to say Henry Mills and John Branch now sent and retorned here upon the Precept aforesaid to them directed That they by virtue of the said Precept sommoned the said VVilliam Pelham to be here at this Hastings to Answer to the said Nicholas Parker and Simon Patricke in the plea aforesaid as to them c. by John Doo and Richard Roo summoners c. Which VVilliham at this Hastings put in his place Roger Coys and Robert Hogeson their Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. by VVilliam Fleetwood Esquire Recorder of the City aforesaid c. And upon this the said Nicholas
Parker and Simon Patricke by the said VVilliam Dalby their Attorny demand against the said William Pelham 8. Messuages with the Appurtenances situate lying and being in the Parish of St. Mary Woolnotb in the Ward of Langborn London as their Right c. By the Writ of the said Lady the Queen that now is of Right Patent c. And to hold of the said Lady the Queen by the free service of 1. penny by the year for all service c. And whereupon they say That they themselves were seised of the aforesaid 8. Messuages with the Appurtenances c. in their Demesn as of Fee and Right c. in time of peace in the time of the said Lady the Queen that now is c. taking the Profits thereof to the value c. And that such is their Right they offer c And the said VVilliam Pelham by his Attorny aforesaid cameth and defendeth the right of the said Nicholas Parker and Simon Patricke when c. And the seisin of the said Nicholas Parker and Simon Patricke of which seisin c. and all c. and whatsoever c. as of Fee and Right c. and especially of the said 8. Messuages with the Appurtenances c and vouch thereof to warranty Thomas Bowes of London Esquire And demand summons in London by the aid of this Court to warrant to the said Wiliam Pelham the said 8. Messuages with the Appurtenances which the said Nicholas Parker and Simon Patricke claim against the said VVilliam Pelham as their Right c. And the said Nicholas Parker and Simon Patricke by their Attorny aforesaid willingly grant That the said William Pelham have his voucher aforesaid Whereupon upon the Petition of the said Nicho. Parker and Sim. Patricke It was commanded by the Court to the Sheriffs of London that they summon by good summons the said Thomas Bowes that he be here at the next Hustings London of Pleas of Lands at the Guild-hall of the City aforesaid to be held c. to warrant to the said VVilliam Pelham the said 8. Messuages with the Appurtenances c. against the said Nicholas Parker and Simon Patricke c. And the same day was then and there given as well to the said Nicholas Parker and Simon Patricke as to the said VVilliam Pelham in the Plea aforesaid here c. At which day that is to say at the Hustings London of Pleas of Lands in the Guild-hall of the City of London upon Monday next before the Feast of St. Alphege Bishop in the year of the Reign of the said Lady the Queen c. the 14 th come as well the said Nicholas Parker and Simon Patricke by the said VVilliam Dalby their Attorny as the said VVilliam Pelham by his Attorny aforesaid And the Sheriffs of London that is to say Henry Mills and John Braunch now sent and retorned here upon the Precept to them directed that they by virtue of the said Precept summoned the said Thomas Bowes to be here at this Hustings to warrant to the said William Pelham the said 8. Messuages with the Appurtenances c. as to them c. by John Doo and Richard Roo Summoners And upon this The aforesaid Thomas Bowes whom the said William Pelham vouched to warranty c. at this Hastings put in his place Roger Coys and Robert Hogeson his Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. By William Fleetwood Esq Recorder of the City aforesaid c. And now here at this Hustings The said Thomas Bowes by the aforesaid Roger Coys and Robert Hogeson came and freely the aforesaid Messuages with the Appurtenances c. To the said Willi. Pelham against the said Nicholas Parker and Simon Patrick did warrant c. And thereupon the said Nicholas Parker and Simon Patricke by the said William Dalby their Attorny demanded against the said Thomas Bowes Tenant by his warranty aforesaid the said 8. Messuages with the Appurtenances c. as their Right c. by the Writ aforesaid c. in form aforesaid c. And whereupon they said That they were seised of the Messuages aforesaid with the Appurtenances c. in their Demesn as of Fee and Right c. in the time of Peace in the time of the said Lady the Queen that now is c. taking the profits thereof to the value c. And that such is their Right they offer c. And the said Thomas Bowes Tenant by his warrantty aforesaid by the said Roger Coys and Robert Hogeson their Attornies came and denyed the Right of the said Nicholas Parker and Simon Patricke when c. And the seisin of the said Nicholas Parker and Simon Patricke of which deseisin c. and all c. and whatsoever c. as of Fee and Right c. and chiefly of the said 8. Messuages with the Appurtenance c. And vouched thereof to warranty Richard Horsted of London Iremonger who now is present here in Court in his proper person and freely the said 8. Messuages with the Appurtentnces c. to the said Thomas Bowes did warrant c. And upon this at the Hustings aforesaid The said Nicholas Parker and Simon Patricke by the said VVilliam Dalby their Atterny demanded against the said Richard Horsted Tenant by his warranty then and there being in his proper person the said 8. Messuages with the Appurtenances c. by the Writ aforesaid c. in form aforesaid c. as their Right c. And whereupon they say That they were seised of the aforesaid 8. Messuages with the Appurtenances c. in their Demesn as of Fee and Right c. in time of peace in the time of said Lady the Queen that now is taking thereof the Profits to the value c. and that such is their right offer c. and the said Richard Horsted Tenant by his warranty aforesaid in his proper person cometh and resendeth the right of the said Nicholas Parker and Simon Patricke when c. and the seisin of the said Nicholas Parker and Simon Patricke of which seisin c. and all c. and whatsoever c. and chiefly of the said 8 Messuages with the appurtenances c. as of fee and right and saith that he hath more right to hold the said 8 Messuages with the appurtenances as Tenant thereof by his warranty aforesaid to him and his heirs as he now holdeth then the said Nicholas Parker and Simon Patrick have to demand the said 8 Messuages with the appurtenances c. as they above demand c. and demand Recognition to him hereupon to be done according to the custome of the City aforesaid c. and hereupon the said Nicholas Parker and Simon Patrick by their Attorny aforesaid prayeth Licence thereof to imparle and they have it c. and afterwards the said Nicholas Parker and Simon Patrick by their Attorny aforesaid come again at the self same Court of Hastings ready
to the plea of the said Richard Horsted Tenant by his warrant aforesaid in form aforesaid pleaded to reply c. and the said Richard Horsted Tenant by hâ—s warranty aforesaid although sollemnly called came not again but in contempt of the Court departed and made default Therefore It is considered by the said Court That the said Nicholas Parker and Simon Patrick shall recover seisin against the said William Pelham of the aforesaid 8 Messuages with the appurtenances c. to hold to the said Nicholas Parker and Simon Patrick and their heirs acquitted from the said William Pelham and his heirs and also from the said Thomas Bowes and his heirs as also from the said Richard Horsted and his heirs for ever and that the said William Pelam have of the Lands and Tenements of the said Thomas Bowes to the value c. and that the said Thomas Bowes have of the Lands and Tenements of the aforesaid Richard Horsted to the value c. and that the said Richard Horsted be in mercy c. and hereupon at the self same Hastings at the petition of the said Nicholas Parker and Simon Patrick it was commanded to the Sheriffs of London that they to the said Nicholas Parker and Simon Patrick and their heirs for ever of the Messuages aforesaid with the appurtenances give full and peaceable seisin and how the said Command was executed that they make known unto the Court here at the next Hastings of London of pleas of Lands in the guildhall of the City aforesaid to be holden c. at which day that is to say â—t the Hustings of pleas of Lands holden in the Guild-hall London Monday next before the feast of Saint Philip and James in the year of the said Lady the Queen the 14 th aforesaid the Sheriff of London that is to say Henry Mils and John Branch retorned and certified to the Court here c. That they by virtue of the precept to them directed full and peaceable seisin to the said Nicholas Parker and Simon Patrick of the 8 Messuages with the appurtenances c. made to have according to the effect of the precept aforesaid as it was above commanded unto them c. as by the said recovery aforesaid under the seal of the office of the Mayraltie of the City aforesaid to the Jurors aforesaid shewed in evidence fully appeacheth And farther the Jurors aforesaid say upon their oath aforesaid that the said William Pelham in the Indenture aforesaid named and the said William Pelham against whom the said Nicholas Parker and Simon Patrick sued forth the writ of Right aforesaid is one and the same person and not another nor diverse And that the said Thomas Bowes Son and heir of the said Martin Bowes Knight and the said Thomas Bowes in the recovery aforesaid specified whom the said William Pelham vouched thereto warranty and the said Thomas Bowes above named is one and the same person and not another nor divers By colour whereof the said Nicholas and Simon afterwards and before the 8 th day of May in the year of the raign of the said Lady the Queen that now is the 14 th that is to say the first day of May in the 14 th year aforesaid in the Messuage aforesaid with the appurtenances amongst other things entred and were thereof amongst other things seised And farther the said Jurors say upon their oath aforesaid that the recovery aforesaid of the aforesaid Messuage with the appurtenances amongst other things in form aforesaid had was had with the assent and agreement of the said Nicholas and Simon William Pelham Thomas Bowes Son of the aforesaid Martin Bowes Knight and Richard Horsted and without any just title of the said Nicholas and Simon to the use of the said William Pelham his heirs and assigns for the farther his assurance of and in the aforesaid Messuage with the appurtenances amongst other things according to the form and effect of the Covenants and agreements of the said indenture of bargain and sale specified by the said Thomas Bowes Son of the said Martin Bowes Knight to the said William Pelham as before is said made by colour of which recovery as also by force of the aforesaid Act of Parliament of transferring of uses into possession the said William Pelham was seised of the aforesaid Messuage with the appurtenances amongst other things as the Law requireth and that afterwards that is to say the first day of December in the year of the raign of the said Lady the Queen that now is the 16 th the said Martin Bowes Son of the said Thomas Bowes Son of the said Martin Bowes Knight then being within the age of 21 years that is to say of 17 years dyed without issue of his Body Lawfully begotten And that the aforesaid William Pelham of the said Messuage with the appurtenances amongst other things as before is said recovered in form aforesaid being seised before the aforesaid time in which c. that is to say the 10 th day of September in the year of the Raign of the said Lady the Queen that now is the 27 th demysed the said Messuage with the appurtenances in the declaration aforesaid above specified to the aforesaid Edward Griffin to have to him and his assigns from the feast of Saint Michael the Archangel then next ensuing until the end and Term of 21 years then next following By virtue of which demyse the said Edward Griffin was of the said Messuage with the appurtenances possessed and that afterwards that is to say the 10 th day of January in the year of the said Lady the Queen that now is the 29th the aforesaid Thomas Bowes Son of the said Thomas Bowes Son and heir of the said Martin Bowes Knight into the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified upon the possession of the said Edward Griffin thereof entred and then and there demysed granted and to farm let to the said Henry Page the said Messuage with the appurtenances to have to him his executors and assignes from the within written feast of the birth of our Lord then last past unto the end and Term of the within written Six years and that the said Edward Griffin afterwards that is to say the within written 11th day of January in the 29th year abovesaid into the Messuage aforesaid with the appurtenances upon the possession of the said Henry Page thereof did reenter and the said Henry from the possession of the Messuage aforesaid did expel and amove and that the said Thomas Bowes Son of the said Martin Bowes Knight and Father of the said Thomas Bowes Master of Arts yet living and being in full life that is to say at London in the Parish and Ward aforesaid But whether upon the whole matter aforesaid in form aforesaid found the entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight into the messuage aforesaid with the
exceeding the yeerly value of 12. pound notwithstanding the Statute of Alienation in Mortmain And that they by the name of President of the College or CoÌ„minalty of the faculty of Physicians Lond. might plead or might be impleaded before whatsoever Judges in all Courts and Actions whatsoever And that the aforesaid President and College or Comminalty and their Successors lawful assemblies and honest of themselves and Statutes and Ordinances for the wholesom Government Oversight and Correction of the College or Comminalty aforesaid and of all Men the same faculty in the same City or within 7. Miles circuit of the said City exercising according to the exigence or necessity as often and when need was might lawfully and without peril make without the hindrance of the said late King his Heirs or Successors whatsoever his Justices Escheators Sherifs and other his Bayliffs and Ministers his Heirs and Successor whatsoever He also granted to the said President College or Comminalty and their Successors That none in the said City or 7. Miles in Circuit thereof do exercise the said faculty unlesse to this by the said President or Comminalty or their Successors who for the time should be he be admitted by the Letters of the said President and College with their Common Seal sealed upon the penalty of 100. shillings for every Moneth that not being admitted he should exercise the same faculty half thereof to the Lord the King and his Successors and half thereof to the said President and College to be applyed He besides willed and granted for him and his Successors as much as in him was That by the President and College of the aforesaid Comminalty for the time being and their Successors for ever Four every yeer by them should be chosen should have the Overseeing searching Correction and Government of all and singular the Physicians of the said City exercising the faculty of Physick within the said City and so of other Physicians forein whomsoever the said faculty of Physick any wise frequenting and using within the said City and the Suburbs thereof or within 7 miles in Circuit of the said City and the punishment of them for their offences in not well exercising doing and using the same as also the oversight and searching of all Medicines and the reception of them by the said Physicions or any of them to the Leige people of the said late King for curing and healing their infirmities to be given put and used as often and when need shall be for the Commodity and profit of the said Liege people of the said late King So as the punishments of the said Physicians using the said faculty of Physick in the Premises offending by Fines Amercement and Imprisonment of their Bodies and by other wayes reasonable and fitting be executed He also willed and granted for him and his Heirs and Successors as much as in him was That neither the President nor any of the College aforesaid of Physicinas nor their successors nor any of them exercising the same faculty any way in future within the City aforesaid and the suburbs thereof or elce-where should be summoned or put nor any of them should be summoned or put in any Assises Juries Inquisitions Attachments and other Recognitions within the said City the Suburbs thereof for ever before the Mayor or Sherifs or Coroners of the said City or by any Officer or Minister or Officers or Ministers although the said Juries Inquisitions or Recognitions were summoned upon the Writ or Writs of the said late King or his Heirs of Record But that the said Masters or Governours and Comminalty of the faculty aforesaid and their Successors and every of them the said faculty exercising against the said late King his Heirs and Successors and against the Mayor and Sherifs of the said City aforesaid for the time being and whatsoever their Officers or Ministers should be thereof acquitted and discharged for ever as by the said Letters Patents amongst other things more fully appeareth And the said Henry George Thomas Moundford John Argent John Taylor and William further say That by virtue of the Letters Patents aforesaid the aforesaid John Chambre Thomas Linacre Ferdinand de Victoria Nicholas Hatswell John Franciscâ—s and Robert Yaxley Physicians and all men of the said faculty in the City aforesaid were one body and Comminalty perpetual or College perpetual And that afterwards by a certain Act of Parliament of the said late King Henry the 8th holden at London the 15th day of April in the yeer of his Reign the 14th and from thence adjourned unto Westminster in the County of Middlesex the last day of July in the yeer of the said late King the 15th and then there holden amongst other things It was Enacted by Authority of the same Parliament That for that that the making of the said Corporation of Physicians was meritorious and very good for the Common-wealth of this Kingdom of England and besides it was expedient and necessary to provide That no person of the said body politick and Comminalty aforesaid should be suffered to exercise and to practise Physick but onely such persons as should be profound sad and discreet groundedly learned and deeply studied in Physick In Consideration whereof and for the further authorizing of the said Letters Patents and also for the enlarging and amplifying of further Articles for the aforesaid Common-wealth to be had and made by the said late King with the consent of the Lords Spiritual and Temporal and Comminalty in the said Parliament assembled It is Enacted amongst other things That the aforesaid Corporation of the Comminalty and fellowship of the faculty of the Art of Physick aforesaid and all and every Grant Article and other things contained and specified in the said Letters Patents should be approved granted ratified and confirmed in the aforesaid Act and should cleerly be authorized and admitted by the same good lawful and available to the aforesaid bodie corporate and their Successors for ever in as ample and large manner as it might be taken thought and construed by the said Letters Patents And further It is enacted ordained and established by the said Act That the aforesaid 8. persons in the aforesaid Letters Patents named as principal and first named of the aforesaid Cominalty and Fellowship should choose to them two other of the said Comminalty who from thenceforth should be called and named Elects and the aforesaid Elects yeerly should choose one of them to be President of the said Comminalty and as often as any of the Rooms and place of the said Elects should happen to be void by death or otherwise then the Supervisors of the said Elects within 30. or 40. dayes next after their deaths or of any of them should choose name and admit one or more as need should requite of the most learned and expert men of and in the aforesaid faculty in London to supply the place and number of 8. persons so that he or they who should be choseâ— be first
contrary to the form and effects of the Letters Patents aforesaid and the aforesaid Statute made in the Parliament aforesaid of the said King Henry the 8th did practise Physick not admitted by the Letters of the aforesaid President and College sealed with their Common Seal whereas in truth the aforesaid Thomas Bonham was insufficient to practise Physick By reason whereof the said Thomas Bonham afterwards that is to say the 13th day of April in the yeer of our Lord 1606. at London in the Parish and Ward aforesaid was summoned by the aforesaid Censors or Governours of the College aforesaid to appear before the President and Censors or Governours of the College aforesaid at the College aforesaid in the Parish and Ward aforesaid the 14th day of April in the yeer of our Lord 1606. abovesaid then next following to be examined upon the premises At which 14th day of April in the yeer of our Lord 1606. aforesaid at the College aforesaid came the aforesaid Thomas Bonham in his proper person and there was examined of his science in his facultie of Physick administred by the aforesaid Censors or Governors of the College aforesaid and because the said Thomas Bonham so examined answered very insufficiently in the Art of Physick then and there upon his examination aforesaid and was â—ound by the aforesaid President and Censors or Governours of the College aforesaid very insufficient and unskilful to administer Physick And for that the aforesaid Thomas Bonham being many times examined and forbidden by the President and Censors or Governours aforesaid for the causes aforesaid to adminster Physick for a Moneth or more after such forbidding of him within London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward aforesaid without the license of the aforesaid President and College under their common Seal contrary to the form of the Letters Patents aforesaid and the Statutes aforesaid did practise Then and there it was granted by the aforesaid President and Censors or Governours of the College aforesaid That the aforesaid Tho. for his Dissobedience and Contempt be amerced to 100. shillings in the next assembly of the aforesaid President and College at the College aforesaid to be paid And then and there it was commanded to the said Thomas Bonham by them the President and Censors or Governours of the College aforesaid That the aforesaid Thomas Bonham from thenceforth should forbear to practise Physick within the aforesaid City of London and the Suburbs thereof and 7. Miles circuit of the said City until the said Thomas Bonham were found to be sufficient and should be admitted to practise the said Art of Physick within the City and circuit aforesaid by the President and College aforesaid under the pain of being cast into Prison if in the premises as is aforesaid he should offend And the said Henry George Thomas Moundford John Argent John Taylor and William Bowden further say That after and before the aforesaid time in which c. That is to say the first day of October in the yeer of our Lord 1606. abovesaid At the College aforesaid in the Parish and Ward aforesaid The aforesaid Thomas Langton Doctor of Physick a man diligent and skilful in the faculty of Physick then one of the CoÌ„minalty of the College of Physicians in London aforesaid and one of the Electors of the College aforesaid was elected and chosen into the Office of President of the College aforesaid for one year then next following and the Office of President of the College aforesaid then and there held And the said Thomas Langton being President of the College aforesaid the same President and Comminalty of the College aforesaid the said first day of October in the yeer of our Lord 1606. abovesaid at the College aforesaid chose the aforesaid George Turner Thomas Moundford William Dun and John Argent Doctors men diligent and skilful in the faculty of Physick and then being 4. of the College aforesaid to supervise search correct and govern all and singular the Physicians of the said City exercising the faculty of Physick in the said City and other forein Physicians whomsoever frequenting to and exercising the said faculty of Physick within the same City and the Suburbs of the same City or within 7. Miles circuit of the said City And to punish their defects in not well exercising doing and using the same As also to oversee and search all manner of Medicines and Receipts by the said Physicians exercising the said faculty of Physick within the City of London aforesaid and the circuit aforesaid or any of them for the curing of diseases as often as need should be required and to punish the said Physicians exercising the faculty of Physick in the premises Delinquents by Fines Amercements and Imprisonments of Body and other wayes reasonable and fitting according to the form and effect of the Letters Patents aforesaid and the Statutes aforesaid And the said Thomas Langton being President of the College aforesaid the aforesaid G. Turner Thomas Moundford Wil. Dun John Argent being likewise the 4 Censors or Governours of the College aforesaid The said Thomas Bonham before the time in which c. that is to say the 20th day of October in the yeer of our Lord 1606 abovesaid within London aforesaid that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did practise Physick contrary to the form of the aforesaid Letters Patents and the Statutes aforesaid and the aforesaid Forbidding and Command of the aforesaid President and Censors And afterwards that is to say The same 20th day of October in the yeer of our Lord 1606. aforesaid The said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid was summoned by the aforesaid Censors or Governours of the College aforesaid at the College aforesaid in the Parish and Ward aforesaid the 22d day of the said moneth of October upon the premises to be examined At which 22d day of October in the yeer of our Lord 1606. abovesaid At the Assembly of the College aforesaid holden at the College aforesaid at London aforesaid in the Parish and Ward aforesaid afterwards that is to say the same 22d day of October in the yeer of our Lord 1606. abovesaid before the said George Turner Wil. Dan Thomas Moundford and Joh. Argent then Censors Governours of the College aforesaid because that the said Thomas Bonham by the aforesaid Censors or Governours of the College aforesaid as it is said warned to appear at the College aforesaid before the President Censors or Governours of the College aforesaid the aforesaid 22d day of Octob. in the same day did not appear Then and there it was granted by the said Censors or Governours of the College aforesaid That the said Thomas Bonham for his dissobedience and contempts should be amerced to 10. pound And that the said Thomas Bonham for
year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid in the County of Cambridge was duly and lawfully ordained and made a Graduate of â—â—e University aforesaid that is to say Doctor in Physick according to the Lawes Statutes Constitutions and ordinances of the said University of Cambridge aforesaid and that he the said Thomas Bonham then and there had accomplished all things concerning his Degree aforesaid by his form without grace from time to time according to the Lawes Statutes Constitutions and Ordinances of the said University of Cambridge aforesaid By colour whereof the same Thomas Bonham a Graduate of the University of Cambridge aforesaid that is to say being Doctor in Physick in the form aforesaid who had accomplished all things concerning his Degree aforesaid for his form without any grace The said faculty of Physick from time to time in the said City of London that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did exercise as it was lawful for him to do until the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden together with c. the aforesaid 10th day of November in the 4th yeer abovesaid with force and Arms him the said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and him there in Prison long that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England did detain as the aforesaid Thomas Bonham above against them complaineth and this he is ready to averr Whereupon in as much as the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden the Trespasse and Imprisonment aforesaid above have acknowledged The said Thomas Bonham demandeth Judgement and his damages by reason of the Trespasse and Imprisonment aforesaid to be adjudged unto him c. And the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden say That the aforesaid Plea of the aforesaid Thomas Bonham above by Replication pleaded is not sufficient in Law to the Action of the aforesaid Thomas Bonham against them the said Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden to maintain and that they to that Plea in manner and form aforesaid by Replication pleaded need not nor by the Law of the Land are bound to answer and this they are ready to averr whereupon they demand Judgement and that the said Thomas Bonham from having his Action aforesaid against them to be barred And the aforesaid Thomas Bonham for as much as he sufficient matter in Law to maintain his Action aforesaid against the said Henry Atkins George Thomas Moundford John Argent John Taylor and William Bowden above hath alleged which he is ready to aver which matter the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden do not deny nor to the same any wayes answer but the same averment altogether to admit do refuse as at first he demands Judgement and his damages by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him c. And because the Justices here will avise themselves of and upon the premises aforesaid whereof the parties have put themselves to the Judgement of the Court aforesaid before that they give their Judgement thereof Day is given to the parties here until in 8. dayes of St. Hillary to hear their Judgement thereof because the Justices here are not yet c. Formedon Michaelmass Term Anno 37. 38. Eliz. Rot. 82. in the COMMON PLEAS Lincoln College Case C. 3. part fol. 53. a. Robert Chamberlain Esq by Apollo Plain his Attorny demandeth against the Warden or Rector and Scholars of the Blessed Lady Mary and All Saints of Lincoln in the University of Oxford the Mannors of Pettesho and Eckney with the appurtenances Except 120. Acres of Pasture in Pettesho aforesaid and 30. Acres of Pasture in Eckney aforesaid which Alured Cornburgh Esq Richard Danvers Esq Nicholas Statham and William Callow gave to Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain begotten And which after the death of the aforesaid Richard and Sibil and of Edward Son and Heir of the said Edward Chamberlain and of Leonard Son and Heir of the said Edward and of Francis Son and Heir of the said Leonard to the aforesaid Robert Son and Heir of the aforesaid Francis ought to descend by the form of the gift aforesaid c. Whereupon he saith That the aforesaid Alured Connâ—burgh Richard Danâ—â—rs Nicholas and William gave the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and to the Heirs Males of the Body of the said Richard Chamberlain begotten in form aforesaid c. By which gift the said Richard and Sibil were seised of the said Mannors with the appurtenances that is to say the said Richard in his Demesn as of Fee and Right and the said Sibil in her Demesn as of Free hold by the form c. in the time of peace in the time of the Lord Ed. late King of England the 4th after the Conquest taking thereof the profits to the yeerly value c. And from him the said Richard the Right descended by the form to one Edward as Son and Heir c. And from him the said Edward the Right descended by the form c. to one Leonard as Son and Heir c. And from him the said Leonard the Right descended by the form c. to one Francis as Son and Heir c. And from the said Fran. Son of the said Leonard the Right descended by the form c. to this Robert who now demandeth as Son and Heir c. And which after the death c. And thereof bringeth Sute c. And the aforesaid Warden or Rector and Scholars by William Pain their Attorny come and defend their Right when c. And say That the aforesaid Robert Chamberlain his Action aforesaid against them ought not to have By protestation taking it That the aforesaid Alured Cornburgh Richard Danvers Nicholas Stathum and William Collow did not give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil Fowler in manner and form as in the Declaration aforesaid is alleged For Plea say That long after the time in which the gift aforesaid is supposed to be made Richard Lyster Gent. Martin Linsey John Cotesford John Clayton William Hogeson and Robert Taylor Clerks were seised of the Mannors aforesaid with th appurtenances in their Demesn as of Fee and so being thereof seised The aforesaid Sibil Great-Grandmother of the said Robert Chamberlain whose Heir the same Robert is The 5th day of May in the yeer of the Reign of the Lord Henry late King of England
the aforesaid Nicholas Evan and Thomas Hartop did not infeoff the foresaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also That the aforesaid Sibil for the better security of the aforesaid Richard Lyster Martin John Cottesford Iohn Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the Appurtenances according to Agreement between them the said Edward Sibil first before the aforesaid Recovery above supposed to be had by her Writing of Release aforesaid did not remise and release to the aforesaid Richard Lyster Martin Iohn Cottesford Iohn Clayton William Hogeson and Robert Taylor as the aforesaid Warden or Rector and Scholars above in their Rejoynder have alleged By Protestation also That the aforesaid Edward Chamberlain at the day of the bringing of the Original Writ of the said Nicholas Evan and Thomas Hartop out of the Court of the Chancery of the aforesaid late King Henry the 8th that is to say the second day of Iune in the yeer of the Reign of the same late King the 4th or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances For Plea The said Robert Chamberlain saith That the aforesaid Pâ—eâ— of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is not sufficient in Law to bar him the said Robert from having his Action aforesaid against the aforesaid Warden or Rector and Scholars aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden or Rector and Scholars as for want of sufficient matter in the said Rejoynder contained And this he is ready to aver wherefore for want of a sufficient Rejoynder of the said Warden or Rector Scholars in this part The said Robert Chamberlain as at first demandeth Judgement seisin of the Mannors aforesaid with the Appurtenances to him to be adjudged c. And the Warden or Rector Scholars in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden or Rector and Scholars above by rejoyning have alleged which they are ready to aver which matter the aforesaid Robert doth not deny nor to the same any wayes Answereth so to admit of the same averment altogether refused as at first demand Judgement And that the aforesaid Robert Chamberlain to have his Action aforesaid be barred And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement because that the said Justices here therof not yet c. At which Day come aswell the aforesaid Robert as the aforesaid Warden or Rector Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of upoÌ„ the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until from the day of Easter in 15. Dayes to hear their Judgment therof because the said Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the said Justices here are thereof not yet At which Day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid and because the Justices here will further avise themselves of upon the Premiseâ— before they give their Judgement thereof further day is given to parties aforesaid here until in 8. dayes of St. Michael to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And upon this the premises being seen and by the Justices here fully understood It seemeth to the same Justices here That the Plea of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is sufficient in Law to barr the said Robert to have his Action aforesaid against the aforesaid Warden or Rector and Scholars Therefore it is granted That the aforesaid Robert take nothing by his Writ aforesaid that he be in Mercy for his false Clamour And that the aforesaid Warden or Rector and Scholars go thereof without Day c. Indictment At the Sessions of Gaol Delivery at Newgate 5 to Decembris in the 8 th Year of King JAMES Machalleys Case Co. 9. part fol. 61. b. AT the Sessions of Gaol Delivery of Newgate holden for the City of London at the Justice Hall in the Old Baily in the Parish of St. Sepulchre without Newgate in the Suburbs of the said City upon Wednesday the 5th day of December in the yeer of the Reign of the Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 8th and of Scotland the 44th Before William Craven Knight Mayor of the City aforesaid Thomas Flemming Knight Chief Justice of the said Lord the King to Pleas before the King himself to be holden assigned George Snigg Knight one of the Barons of the Exchequer of the said Lord the King John Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Thomas Foster Knight one of the Justices of the said Lord the King of the Bench Edward Bromley Knight one of the Barons of the said Lord the King of his Exchequer aforesaid John Sotherton another Baron of his Exchequer aforesaid Henry Mountague Knight Recorder of his said City of London and other of his Companions Justices of the said Loâ—d the King by Letters Patents of the said Lord the King to them and others and to any 4. or more of them thereof made To enquire by the Oaths of good and lawful men of the City London aswel within liberties as without by whom the truth of the matter might best be known of what Treasons soever Misprisions of Treasons Insurrections Rebellions And of whatsoever Murthers Felonies Man slaughters Killings Burglaâ—ies Misdeeds Offences and Injuries whatsoever within the City aforesaid committed in the said Letters Patents specified and to the said Treasons and other the premises according to the Law and Custom of the Kingdom of the Lord the King of England to hear and determine As also Justices of the said Lord the King to Gaol delivery of Prisoners there being assigned by the Oaths of Ralph Edmunds Leonard Harwood John Frost Edward Dames John Lyssant Francis Barton Edward Parnell Thomas Hyet Henry Kent Edward Motley
Humphry Lee Richard Westcot William Fairbrother Edward Faweet and Thomas Smith good and lawful men of the City aforesaid It is presented That whereas upon Saturday the 17th day of November in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King defender of the Faith c. the 8th and of Scotland the 44th in the Court of the Lord the King before Richard Pyot Alderman then and as yet one of the Sherifs of the City of London aforesaid in his Compter situate in the Parish of St. Michael in VVoodstreet London aforesaid according to the Custom of the City aforesaid then holden one Robert Radford had leeved a certain Plaint upon a Plea of Debt of demand of 500. hundred pounds against one John Murray of London Esq The Tenor of which Plaint followeth in these words that is to say Iohn Murray summon against Robert Radford Salter in a Plea of Debt upon demand 500. hundred pounds And thereupon the aforesaid Robert Radford demanded processe against the said Iohn Murray according to the Custom of the City aforesaid to be seved Upon which at the Request of the said Robert Radford in this sort in the same Court it was proceeded That the aforesaid Richard â—yot then and yet one of the Sherifs of the City aforesaid To one Richard Fells then one of the Sergeants at Mace of the Sherif and Minister of the Court aforesaid by word of mouth according to the Custom of the City aforesaid Commanded that he the said Sergeant at Mace should take and arrest the aforesaid Iohn Murray by his Body if he should be found within the Liberties of the City aforesaid so as he have the Body of the said Iohn Murray at the next Court of the said Lord the King at the Guild-hall of the City aforesaid situate in the Parish of St. Lawrence in the Old Iury in the Ward of Cheap London aforesaid upon Wednesday the 21. day of November in the 8. and 44th aforesaid to be holden to answer the aforesaid Robert Radford in the Plea of his Plaint aforesaid By virtue of which Command The said Richard Fells The said Iohn Murray afterwards that is to say the 18th day of the said moneth of November in the said yeers of the Lord the King that now is the 8th and 44th abovesaid between the hour of 5. and 6. in the Afternoon of the same day At London aforesaid That is to say in the Parish of St. Martin Bowyer Row in the Ward of Farrington within London aforesaid in the Common Kings high Way there by his Body took and arrested and then and there had in his custody And the aforesaid Iohn Murrey so under the custody of the said Richard Fells by virtue of the Command aforesaid then and there as before is said being It so then and there happened That the said Iohn Murray late of London Esquire otherwise called John Murray of London Esquire one Iohn Mackall late of London Yeoman otherwise called Iohn Maokallay late of London Yeoman one Iohn Engles late of London Yeoman otherwise called Iohn English late of London Yeoman and one Archibald Miller late of London Yeoman not having the Fear of God before their eyes but moved and seduced by the instigation of the Devil with Force and Armes that is to say with Swords c. to the intent him the said Iohn Murray from his arrest aforesaid then and there to rescous in and upon the aforesaid Richard Fells then there made an assault affray in which said affray The aforesaid Iohn Mackall otherwise called Iohn Mackalley with a sword is called a Rapier made of Iron and Steel of the value of 12. pence wherehe the said Iohn Mackall otherwise called Iohn Mackalley in his right hand then and there had and held the said Richard Fells in and upon the left part of his Body under the left shoulder-blade of the said Richard feloniously voluntarily and of malice forethought then and there struck and thrust in giving to the said Richard Fells then and there with the sword aforesaid called a Rapier in and upon the left part of his Body under the left shoulder one blow and wound mortal of the length of half an Inch and of bredth of half an Inch and of depth 6. Inches of which said stroak and mortal wound aforesaid the aforesaid Richard Fells then and there that is to say in the Parish and Ward last aforesaid presently dyed And further The Jurors aforesaid present That the aforesaid John Murray late of London Esquire otherwise called John Murry late of London Esquire The aforesaid John Engles late of London Yeoman otherwise called John English late of London Yeoman and the aforesaid Archibald Miller late of London Yeoman the said 18th day of November in the yeers 8th and 44th abovesaid between the Hours aforesaid in the Parish Ward and place last aforesaid felonionly voluntarily and of their forethought malice were present fighting procuring helping abetting and comforting the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman to the aforesaid Richard Fells in manner and form aforesaid to be killed and murthered And so the Jurors aforesaid say That the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman John Murray late of London Esquire otherwise called John Murry late of London Esquire John Engles late of London Yeoman otherwise called John English late of London Yeoman and Archibald Miller late of London Yeoman the aforesaid Richard Fells at London aforesaid that is to say in the Parish and Ward last aforesaid feloniously voluntarily and of their forethought malice in manner aforesaid killed and murthered against the peace of the Lord the King that now is his Crown and dignity c. And upon this at the self same Sessions before the aforesaid Justices the aforesaid John Murray otherwise Murry John Mackal otherwise Mackalley Io. Engles otherwise English Archibald Miller in the Custody of the said Richard Pyot and Francis Jones Sherifs of the City aforesaid being in the Gaol of Newgate aforesaid to the barr there brought in their proper persons came and severally being asked how of the Felony and Murther aforesaid they would acquit themselves Every one of them for himself severally said that he is not thereof guilty And thereof for good and ill severally put himself upon the Country And Richard Langley Esq who in this behalf followeth for the Lord the King likewise Therefore immediatly came a Jury thereof and the Jurors of that Jury by the Sherifs aforesaid of the City aforesaid Impannelled being called that is to say VVil. Morgan Tho. Dalbit Tho. Evans Tho. Austin Solomon Green VVil. Chewn VVilliam Ellil Metcalse Allington Iohn Drake VVil. Taylor Owen Dames and Tho. Damport appeared who to speak the truth of and upon the premises chosen tryed and sworn say upon their Oath That the City of London is and all
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
and Dignity c. And afterwards That is to say at the Gaol Delivery of the Lord the King at Newgate holden by the City of London aforesaid at the Justice Hall situate in the Old Baly in the Parish of St. Sepulcher in the Ward of Farrington without London aforesaid the 23d day of Iune in the yeer of the Reign of the said our Lord Iames by the Grace of God of England France and Ireland the 10th and of Scotland the 45th before Iames Pemberton Knight Mayor of the City of London aforesaid The right Reverend Father in God Iohn Bishop of London Thomas Flemming Knight Lord Chief Justice of the Lord the King to Pleas before the King himself to be holden assigned Edward Coke Kt. Chief Justice of the said Lord the King of the Bench Lawrence Tanfeild Knight Chief Baron of the Exchequer of the Lord the King Christopher Yelverton Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned David Williams Knight another of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned John Croke Knight another of the Justices of the said Lord the King to Pleas to be holden before the King himself to be holden assigned Stephen Soan Knight John Garrard Knight Thomas Bennet Knight Baptist Hicks Knight Francis Bacon Solicitor General of the Lord the King Henry Mountague Knight one of the Kings Serjeants at Law and Recorder of the City of London aforesaid and other their Fellows Justices of the Lord the King To his Gaol aforesaid of Prisoners in the same being to be delivered assigned The aforesaid Robert Carliel and James Irweng under the custody of Edward Barkham and George Smythes Sherifs of the City aforesaid to the Barr aforesaid brought in their proper persons came and severally being asked how of the Felony and Murder aforesaid they would acquit themselves The said Robert Carliel saith That he cannot deny but that he is guilty of the Felony and Murder aforesaid to him in form aforesaid imposed and the Felony and Murder aforesaid expresly confesseth and thereof putteth himself upon the Mercy of the King and the aforesaid James Irweng saith That he of the Felony and Murder aforesaid to him in form aforesaid imposed is not guilty and thereof for good and ill puts himself upon the Country Therefore immediately he cause a Jury to come c. And the Jurors of the Jury aforesaid by the aforesaid Sherifs of the City aforesaid to this impannelled being called that is to say Humphry Slâ—cy William Morgan Rouland Healing Hugh Hawesh Henry Colthurst William Hicks William Hayes Richard Bridges William Wilde John Palmer Solomon Green and Richard Rudd came who to say the truth of and upon the premises to the said Iames Irweng imposed chosen tryed and sworn say upon their Oath aforesaid That the aforesaid John Irweng is guilty of the Felony and Murder to him in form aforesaid imposed in manner and form as by the indictment aforesaid against them it is supposed And that he the time of the Felony and Murder aforesaid in form aforesaid committed or ever after had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid Upon which the said Robert Carliel and Iames Irweng being severally spoken unto If they had any thing for themselves or could say Wherefore the Court aforesaid to Judgement and Execution of them and either of them of the premises ought not to proceed who said nothing but what at first they had said Upon which then and there It is considered by the said Justices That the aforesaid Robert Carliel and James Irweng to the Gaol of Newgate aforesaid from whence they came should be sent back and thence be lead and either of them be lead unto the place of Execution and there be hanged and either of them be hanged until c. The Indictment of Robert Creighton Esq THE Jurors present for the Lord the King upon their Oath That Middle whereas Robert Carliel late of London Yeoman and James Irweng late of London Yeoman Not having God before their Eyes but seduced by the instigation of the Devil the 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London that is to say in the Parish of St. Dunston in the West in the Ward of Farrington without London aforesaid c. with Force and Armes c. Feloniously and of their fore-thought Malice in and upon one John Turner then and there in the Peace of God and of the said Lord the King being made an Aassult and Affray And the aforesaid Robert Carliel a certain Gun called a Pistoll of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the said Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously Voluntarily and of his Malice fore-thought did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid Iohn Turner in and upon the left part of the Body of him the said Iohn Turner then and there feloniously struck giving to the said Iohn Turner then and there with the leaden Bullet aforesaid neer the left papp of him the said Iohn Turner one mortal Wound of the Breadth of half an inch and Depth of 5. inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that James Irweng Feloniously and of his fore-thought Malice then and there was present ayding assisting abetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid to be done and committed And so the aforesaid Robert Carliel and James Irwenge the aforesaid John Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice killed and Murdered against the Peace of the Lord the King that now is his Crown and Dignity one Robert Creighton late of the Parish of St. Margaret in the County of VVestminster Esquire not having God before his Eyes but being seduced by the Instigâ—tion of the Devil before the Felony and Murder aforesaid by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed that is to say the 10th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 10th and of Scotland the 45th the aforesaid Robert Carliel at the aforesaid Parish of St. Margaret in Westminster aforesaid in the County of Middlesex aforesaid to the Felony and Murder aforesaid in manner and form aforesaid done
appurtenances as before is said being seised dyed thereof so seised And farther by the same Inquisition it is found that the Manor of Yoke otherwise Yokes Court aforesaid the appurtenances in Lenham and Frensted in the said County of Kent at the time of the taking of the Inquisition aforesaid and at the time of the death of the aforesaid Thomas Digges were holden of Warham St-leger Knight as of his Castle of Leeds by the half of a Knights Fee and were worth by the yeer in all reprofits above reprises 5 pound 14 shillings And that the Manor of Fokeham and other the premises to the said Manor belonging in Framsted and Lenham at the sayd time of the taking of the said Inquisition and at the time of the death of the said Thomas Digges of whom or by what services the Jurors of the same Inquisition were altogether ignorant and they were worth by the yeer in all the profits above reprises 7 pound And that the aforesaid Manor of Outlemestone and other the aforesaid premises whatsoever with the appurtenances to the said Manor belonging and appertaining at the time of the taking of the said Inquisition aforesaid and at the time of the death of the said Thomas Digges were worth by the yeer in all the profits above reprises 20 pound and that the said Land called Eastendown and Beacondown in Burham and Kingstone aforesaid were holden of the Arch Bishop of Canterbury in the right of his Bishoprick aforesaid but by what services the aforesaid Jurors are altogether ignorant and they were worth by the yeer above reprizes 3 pound 6 shillings 8 pence and that the aforesaid Lands called the Haute and Reed late percel of the aforesaid Manor of Bishopsborne and purchased by the aforesaid Christopher Digges of the aforesaid William Awcher Esquire were holden of the said Lady the Queen in Capite by Knights service that is to say by particular according to the rate and quantity of the said Manor of Bishopsborn and that the said Lands and Pasture called Throughly Close and Tylers in Barham aforesaid late purchased by the aforesaid Christopher Digges by way of Exchange of William Boyes of who or whom or by what services they were holden the Jurors aforesaid are altogether ignorant and that the aforesaid Land and Woods called Haute and Reed and the aforesaid Land Wood and Pasture purchased of the aforesaid William Boyes were worth by the yeer above reprises 4 pound And that the aforesaid 2 Acres of Land in Wemings Woold aforesaid were holden of who or whom or by what services the aforesaid Jurors were altoge-Ignorant and they were worth by the yeer above reprises 2 shillings and that the said Thomas Digges had not nor had more or other Lands and Tenements in the said County of Kent in demesn or service of us nor of any other the aforesaid dayin which he dyed and that the aforesaid Tho. Digges dyed the 10th day of April in the yeer of our Reign the 32th leaving the said Margaret his wife w th child with Tho. Posthumus Digges And that the said Thomas Posthumus Diggs born the second day of July in the 32 year aforesaid was Son and Heir of the said Thomas Digges and that the said Thomas Posthumus Digges the Son at the time of the taking of the Inquisition aforesaid was of the age of 2 yeers 9 weeks and 6 dayes as by the Inquisition aforesaid in our Chancery retorned and in the Files there remaining of Record it more fully appeareth And whereas afterwards that is to say the 23th day of January in the Term of Saint Hillary in the yeer of our Reign the 39th before us in our Chancery aforesaid at Westminster aforesaid then being came Christopher Digges and Edward Digges Sons of the said Christopher Digges in the Inquisition aforesaid named and prayed the hearing of the Inquisition aforesaid which was read unto them which being read and heard and by them fully understood the said Christopher and Edward complained them by colour of the said Inquisition aforesaid to be grieved and molested and that they from the possession of the said Lands and Tenements with the appurtenances to the said lands called Eastendown and of two parts of so much of the demesn and of the said Manor of Owtelmestone with the appurtenances to the said Lands called Eastendown adjoyning in 4 parts to be divided as with the aforesaid Lands called Eastendown extend to the third part of all the Mannors Lands and Tenements whereof the aforesaid Christopher the Father dyed seised for the part of the aforesaid Christopher and Edward of the premises aforesaid to be expelled and amoved and that they from the possession thereof and of every parcel thereof by colour of the said Inquisition to be held out and that unjustly by cause they take it by Protestation That the Inquisition aforesaid and the matter in the same contained was insufficient in Law to which they needed not nor by the Law of the Land were holden any waies to Answer And shewing of their Right in that behalf The said Christopher and Edward said That the aforesaid Christopher Digges Father of them the said Thomas Christopher and Edward was in his life time seized in his Demesn as of Fee of and in the aforesaid Mannor of Owtelmeston in Barham in the County aforesaid and of all and singular the Rights Members parcel and appurtenaces whatsoever containing 200 Acres of Land Meadow Pasture and Wood And also was seized of and in the aforesaid Mannor of Yoke and Fockham lying and being in the Parish of Lenham Frensted and Harrisham with his Rights Members and Appurtenances whatsoever containing 800. Acres of Land Meadow Pasture and Wood And of and in the Mannor of Marton lying and being in the Parishes of Sturrey Hackington and Saint Stephen in the said County containing by estimation 40. Acres of Land Pasture Meadow and Wood And of diverse Gardens in the City of Canterbury containing half an Acre of Land And of and in the Mannor of Netherherds with the Appurtenances in the County aforesaid containing 200. Acres of Land And also of a certain peece of Land called Eastendown lying and being in Barham aforesaid containing by Estimation 110. Acres And of another peece or parcel of Land called Haute and Reed lying and being in the Parish of Barham aforesaid containing 61. Acres and a half and in another peece of Land lying in Barham aforesaid late as before is said purchased by Exchange of the aforesaid William Boyes containing 40. Acres of Lands which said Mannors Lands and Tenements and other the premises amount in the whole to 2500. Acres of Lands and the said Christopher Digges the Father of the Tenements aforesaid with the appurtenances in form aforesaid being seized The first day of February in the yeer of our Reign the 19th made his Testament and last Will in Writing and by the said Testament and last Will declared and limitted as to the disposition of the third part of all
Castles Manors Lands and Tenements and other things under written That he the State and Honour of the said Duke might uphold and the charges and burthens thereof the better uphold that is to say The Sheriffwick of the County of Cornwall with the Appurtenances so as the said Duke and other Dukes of the same place for the time being make and appoint Sheriffs of the said County of Cornwall at their will and pleasures and to do and execute the Office of Sheriffs there as heretofore it used to be done without any hindrance of us or our Heirs forever As also the Castle Burrough Manor and Honour of Launceston with the Park there and other as Appurtenances in the County of Cornwall and Devonshire The Castle and Manor of Tremeton with the Town of Saltesh and the Park there and other the Appurtenances in the said County The Castle Burrough and Manor of Tintagel with the Appurtenances in the said County of Cornwall The Castle and Manor of Restormel with the Park there and other the Appurtenances in the said County And the Manor of Clymestond with the Park of Keriballock and other their Appurtenances Tibeste with the Balywick of Powderhine and other their Appurtenances Twynton with the Appurtenances Helleston in Kerior with the Appurtenances Morsk with the Appurtenances Tevernaile with the Appurtenances Pengkeseth with the Appurtenances Peâ—lyn with the Park there and other the Appurtenances Kellaton with the Bedelry of Estwyueleshire and other the Appurtenances Helleston in Fryshire with the Park of Hellesbury and other its Appurtenances Lyskireâ—â— with the Park there and other the Appurtenances Calistock with the Fishing there and other the Appurtenances and Tatskid with the Appurtenances in the said County of Cornwall And the Town of Lostwickiell in the said County with the Mill there and other the Appurtenances And the Prizage and Customs of our Wines in the said County of Cornwall and also the Profits of all the Ports within the same our County of Cornwall to us belonging together with Wreck of the Sea as well of Whales and Sturgeon and other Fishes which do belong to us by reason of our Prerogative and whatsoever belongs to Wreck of Sea with the Appurtenances in our said County of Cornwall And the Profits and emoluments of our County holden in our County of Cornwall And Hundreds and Courts in the said County to us belonging As also our Stannary in the said County of Cornwall together with the Coinage of the said Stannary and all issues and Profits thereof arising And also all the Issues Profits and Perquisites to the Court of Stannary and the Mines of the said County except only 1000. Marks which to our well-Beloved and Faithful William de Monte acuto Earl of Salisbury we have granted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the Issues and Profits of the aforesaid Coinage until the Castle and Manor of Tonbridge with the Appurtenances in the County of Wilts To the Manor of Aldebourn Ambresbury and VVinterbourn with the Appurtenances in the said County and the Manor of Caâ—eford with the Appurtenances in the County of Dorset and the Manor of Hâ—ngstrig and Charleton with the Appurtenances in the County of Somerset which our Beloved and Faithful John de VVarren Earl of Surrey and Johan his Wife hold for the term of their life and which after their deaths to us and our Heirs ought to return after the decease of the said Earl and Johan to the aforesaid Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we granted to remain and 200. Marks of Land and Rent which to the said Earl of Salisbury to have in form aforesaid we granted to be provided came to our Hands And also our Stannary in the aforesaid County of Devon with the Coinage and all Issues and Profits of the same And also the Exites Profits and Perquisites of the said Court of Stannary And the Water of Dertmouth in the said County And the yeerly farm of 20. pound of our City of Exeter and the Prizage and Customs of our Wines in the Water of Sutton in the said County of Devon As also the Castle of Wallingford with its Hamblets and Members and the yeerly Farm of the Town of VVallingford with the Honors of Wallingford and De Sancto Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever those Honours were And the Castle Manor and Town of Berkhamstead with the Port there together with the Honour of Berkhamstead in the Counties of Hertford Buck. and Northampton and other their Appurtenances And the Manor of Biflet with the Park there and other the Appurtenances in the County of Surrey To have and to hold to the said Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England by Inheritance to succeed together with Kingly Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as weâ— Free as Vâ—lleins and all other things to the aforesaid Castles Burroughs Towns Manors Honours Stannaries and Coinage Lands and Tenements howsoever and wheresoever belonging or appertaining of us and our Heirs for ever together with 24. pound of yeerly Farm which our well-Beloved and Faithful John de Merz to us by the yeer for all his life is bound to pay for the Castle and Manor of Mere with the Appurtenances in the County of Wilts granted to him by us for the Term of his life to be taken every yeer by the Hands of the said John for the Term of his Life and with the aforesaid 1000. Marks yeerly to the aforesaid Earl of Surrey of the issues of the Coinage aforesaid by us so granted after obteined by him or his Heirs Males of his Body to be begotten seisin of the said Castle and Manor of Tunbridge and the Manors of Aldebourn Ambresbury Winterborn Caneford Hengstrigg Charleton after the deaths of the same Earl of Surrey and Johan And the said 200. Marks Land and Rent to the said Earl of Salisbury and the Heirs Males of his Body begotten so provided for the proportion of the said Castles Manors Lands and Tenements with the whole and particularities to the Hands of the said Earl of Salisbury and the Heirs Males of his Body should come We have moreover granted for us and our Heirs and by this our Charter we have confirmed That the Castle and Manor of Knaresburgh with the Hamblets and Members thereof and the Honour of Kneasbough in the County of York and other Counties wheresoever the same Honour should be The Mannor of Istleworth with the Appurtenances in the County of Middlesex which Philippa Queen of England our most dear Coâ—â—ort holdeth for Term of Life And the Castle and Manor of Lydeford with
the Appurtenances and with the Chase of Dertmore with the Appurtenances in the said County of Devon And the Manor of Bradnests with the Appurtenances in the said County which our Beloved and Faithful Hugh de Andley Earl of Gloucester and Margaret his Wife have for the Life of the said Margaret And the said Castle and Manor of Mere with the Appurtenances which the aforesaid Johan so for Life holdeth by our Grant and which after the death of the said Queen Margaret and Johan to us and our Heirs ought to revert after the decease of the aforesaid Queen aforesaid that is to say the Castle and Manor of Knaresburgh with the Honours Hamblets and Members thereof aforesaid and other their Appurtenances and the Manor of Istleworth with the Appurtenances And after the death of the said Margaret the said Castle and Manor of Lydeford with the said Chase of Dertmore and other the Appurtenances and the Manor of Bradnests with the Appurtenances and after the death of the said Johan the said Castle and Manor of Mere with the Appurtenances shall remain to the aforesaid Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England â—ereditarily to succed as before is said To have and to hold together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats Services of Tenants as well Free as Villeins and all others to the same Castles Manors and Honoars howsoever and wheresoever belonging or appertaining of his likewise and our Heirs forever All which Castles Burroughs Towns Manors Honours Stannaries Coinage Fine of Exeter and Wallingford Lands and Tenements as above are specified together with the Fees Advowsons and all other things aforesaid to the aforesaid Dutchy by our present Charter for us and our Heirs we do annex and unite to the same for ever to remain So that from the said Dutchy at no time they be any waies severed nor to any one or other than Dukes of the same place by us or our Heirs they be given or any manner of way granted So also as that to the aforesaid Duke and other Dukes of the same place they do descend and to the Son or Sons to whom the said Dutchy by colour of our Grant aforesaid it shall belong then not appearing the said Dutchy with the Castles Burroughs Towns and all other the abovesaid to us or our Heirs Kings of England shall retorn in our Hands and in the Hands of our Heirs Kings of England to be kept until such Son or Sons of the said Kingdom of England Heirs to succeed appear as it is said to whom then successively the said Dutchy with the Appurtenances for us and our Heirs we Grant and will that they be delivered to hold as above is expressed We have moreover for us and our Heirs and by this our Charter we have confirmed to the aforesaid Duke that the said Duke and the Heirs of him Eldest Sons Dukes of the same forever have free Warren in all the Lordships Manors Castles Lands and other places aforesaid so as the said Lands be not within the Pounds of our Forrests And that none enter into them to hunt in them or to take any thing which to Warren appertaineth without the License Will of the said Duke or other Dukes of the same place upon pain of Forfeiture of 10. pound Wherefore we Will and firmly Command for us and our Heirs That the said Duke have and hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the said place in the sayd Kingdom of Engla in heritable to succeed The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances So that they and others Dukes aforesaid at their Wills make and constitute the Sheriff aforesaid of the said County of Cornwall to do and execute the Office of Sheriff there as hitherto it used to be done without the hindrance of us or our Heirs forever As also the aforesaid Castles Burroughs Manors and Honours of Launfeton The Castle and Manor of Tremeton with the Town of Saltesh the Castle Burrough and Manor of Tintagel the Castle and Manor of Restornel and the Manors of Clymeslond Tebeste Tewynton Helleston in Kerier Moresk Tewarnayl Pengkneth Pentyn Rellaton Helleston in Trigstone Vyskiret Calistock Talskid and Town of Lofiwithel with the appurtenances together with the Parks Bayliwicks Bedelrie Fishings and others aforesaid in the aforesaid County of Cornwall and the aforesaid Prisages Customs and profits of Ports aforesaid together with the said Wreck of Sea and the said profits and emoluments with the Hundreds and Courts aforesaid to us belonging and the said Stannary in the said County of Cornwall together with the Coinage of the said Stannary and with all issues and profits thereof arising And also the explees profits and perquisites of the Courts aforesaid except only the said 1000. Marks which to our well-Beloved William de Monte acuto Earl of Salisbury wegranted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the issues and profits of the Coinage aforesaid until the said Castle and Manor of Tunbridge with the Appurtenances and the said Mannors of Aldebourn Ambresbury and Winterbourn with the Appurtenances and the said Manor of Hengstrig and Charleton with the Appurtenances which the aforesaid Earl of Surrey and Johan his Wife hold for the term of their Lives and which after their deaths to us and our Heirs ought to revert after the deceases of the said Earl and Johan to the said Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we have granted to remain And the said 200. Marks Land and Rent which to the said Earl of Salisbury To have in form aforesaid we granted come unto our Hand as before is said And the said Stannary in the County of Devon with the Coinage and all issues and profits thereof And also the explees profits and perquisites of the Court of the same Stannary Water of Dertmouth and the said yeerly Farm of 20. pound of the said City of Exeter and the said Prizage and Custom of Wines in the Water of Sutton in the said County of Devon As also the aforesaid Castle of Wallingford with Hamblets and Members thereof the yeerly Farm of the Town of Wallingford with the said Honour of Wallingford and De Sancto Valerico The Castle Manor and Town of Berkhamstead with the said Honour of Berkhamstead and the Manor of Biflet with the Parks and other their Appurtenances aforesaid together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with the Hundreds Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other