THE DECLARATIONS AND OTHER PLEADINGS Contained in the eleven PARTS of THE REPORTS OF Sir EDWARD COKE Knight SOMETIME Lord Chief Justice of ENGLAND and one of his Majestes Council of ESTATE Rendred into English By W. HUGHES of Grayes-Inne Esquire For the benefit of all Students and Practizers of the Common Law With a Perfect TABLE of the Principal Matters thereunto Annexed LONDON Printed for W. Lee D. Pakeman and G. Bedell to be sold at their Shops in Fleet-street 1659. ACTIONS upon the CASE Easter Term Anno 43. in the Kings Bench Rott 569. 1 Lutterels Case Co. 4. part fol. 84. b. MEmorandum That at another time That is to say Somer ss in the Term of St. Michael last past before our Lady the Queen at Westminster came Edward Cottel Gent. by John Nightingale his Attorney and brought here in the Court of the said Lady the Queen then and there his Bill against George Lutterell Esq Robert Norcome and John Quick in the Custody of the Marshal c. of a Plea of Trespasse upon the Case And are Pledges of suit John Doo and Richaâ—d Roo which Bill followes in these Words ss Somerset ss Edward Cottell Gent. complaneth of George Lutterell Esq Robert Norcome and John Quick in the Custody of the Marshall of the Marshalsey of the said Lady the Queen before the Queen being for that viz. That whereas the said Edward the 4th day of May in the 41th year of the Reign of the said Lady Elizabeth now Queen of England and before he was seized of and in Two antient and ruinous Fulling Mills with the appurtenances in Dunster in the County aforesaid in his Demesn as of Fee To which Fulling Mills a great part of the Water of the River in Dunster aforesaid from a certain place called the Headwear of the said River in Dunster aforesaid the said 4th day of May the 41. year aforesaid did run and also before time out of memory of Men continually accustomed and used to run And whereas also the said 4th day of May in the 41. year aforesaid and before time out of the memory of Men for the preservation direction and continuing of the right course of the said great part of the Water of the River aforesaid to run to the Fulling Mills aforesaid A certain thick bank was made of Timber and Earth neer and above the Mills aforesaid on the West part of the Course of the said great part of the said Water of the River aforesaid and was neer adjoyning to a certain Street commonly called West-street in Dunster aforesaid And also whereas the said Edward of the aforesaid Fulling Mills with the appurtenances in the form aforesaid being seized Afterwards that is to say the 28th day of October in the 41. year of the said Lady the Queen that now is The said two Fulling Mills as before is said being ruinous did totally pull down and afterwards that is to say The 20th day of June in the year of the Reign of the said Lady the Queen that now is the 42. at Dunster aforesaid in the County aforesaid in the places of them and where the aforesaid Two Fulling Mills before were made and built upon the aforesaid great part of the said Water of the River aforesaid Two Corn Mills for the grinding of Corn newly had builded erected and perfected By reason whereof the said Edward then was seized and as yet is seized of the said two Corn Mills so as before is said new built erected and perfected in his Demesn as of Fee and the aforesaid great part of the Water of the River aforesaid in Dunster aforesaid from the the said place called the Headwear of the said River in Dunster aforesaid from the time of the new building erecting and perfecting of the aforesaid his Corn Mills untill the 10 th day of September then next following did run By pretence of which The said Edward after the building of the said Two Corn Mills until the said 10th day of September divers gains and profits of the said people of the Lady the Queen that now is for the grinding of their Corn at the said Corn Mills had gotten Yet the said George Robert and John not ignorant of the premises maliciously devising and intending the said â—dward un justly to molest and him altogether to hinder and deprive of the profits of the grinding of their Corn Mills aforesaid the said 10 th day of September in the 43. year aforesaid The said thick bank aforesaid did dig and break And the whole aforesaid great part of the aforesaid Water of the River aforesaid which to the aforesaid Corn Mills of the said Edward from the said place called the Headwear did run and ought and used to run from his antient and used course That is to say in the said Sreet commonly called the West-street in Dunster aforesaid did divert and withdraw wherby the said Edward of the grinding of the whole profit of their Corn Mills afore for a great time That is to say from the aforesaid 10 th day of September in the 42. year aforesaid until the bringing of this Bill viz. that is to say the 20 th day of November in the Reign of the said Lady the Queen that now is the 43. wholly lost to the damage of the said Edward 200 l. And therefore he brings his Sute And now at this day that is to say Wednesday next after 15. dayes of Easter this Term until which day the said George Robert and John had licence to imparl and then to answer c. before the said Lady the Queen at Westminster come as well the said Edward by his Attorney aforesaid as the said George Robert and John Quick by Stephen Brodrippe their Attorney and the said George Robert and John defend the force and injury when c. And say that they are thereof no wayes guilty And of this put themselves upon the Country And the said Edward likewise c. Wherefore a Jury was to come before the said Lady the Queen at Westminster upon Thursday in 15. dayes of the Holy Trinity and who neither c. And because as well c. The same day is given to the parties aforesaid here c. Afterwards process was continued between the parties aforesaid of the plea aforesaid by Juries thereof respited between them before the said Lady the Queen at Westminster until Fryday next after 8. dayes of St. Michael then next following Unless the Justiceâ— of the Lady the Queen assigned to take Assizes in the County aforesaid First upon Thursday the 6 th day of August at the Castle of Taunton in the County aforesaid by the form of the Statute c. shall come for default of Jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneyes aforesaid And the aforesaid Justices of the Assizes before whom c. sent hither their Record had before them in these words 1 ss Afterwards the day and place
called came who to say the truth of the matters within contained being chosen tried and sworn say upon their Oath That the said Humphry Morley did buy of the said John Slade the within written Wheat and Rye in eares upon the within written Close as is said before growing being for 16. pound of good and lawful mony of England To be paid to the said Iohn Slade in the Feast of St. Iohn the Baptist then next following as in the Declaration within written is within specified And further The said Jurors say upon their Oath aforesaid That betwixt the said Iohn Slade and the said Humphry Morley There was no promise or taking upon him besides the bargain aforesaid But whether upon the whole matter aforesaid by the said Jurors in form aforesaid found The said Humphry Morley did take upon him in manner and form as in the Declaration within written within specified or no the said Jurors are altogether ignorant and thereof they ask the Advice and Consideration of the Court here c. And if upon the whole matter aforesaid by the said Jurors in form aforesaid found It shall seem to the Justices of the Court here That the said Humphry Morley did take upon him in manner and form in the Declaration within specified Then the said Jurors say upon their Oath aforesaid That the aforesaid Humphry Morley did take upon him in manner and form as the aforesaid Iohn Slade within against him complaineth And then they do assesse the damages of the said Iohn Slade by occasion of not performance of his promise and taking upon him within written besides his charges and his costs by him in the sute aforesaid by him expended to Sixteen pounds And for those charges and costs by Twenty Shillings And if upon the whole matter by the said Jurors in form aforesaid found It shall seem to the said Justices and Court here That the said Humphry Morley did not take upon him in manner and form in the Declaration within specified Then the said Jurors say upon their Oath That the said Humphry did not take upon him in manner and form as the said Humphry hath within alleged And because the Court of the Lady the Queen here of their judgement of and upon the premises to be given is not yet avised Day is given to the parties aforesaid in State as now it is before the Lady the Queen at Westminster until Monday next after 15. dayes of the Holy Trinity to hear their judgement of and upon the premises Because the Court of the Lady the Queen here thereof not yet c. And so from Term to Term untill Saturday next after 8. dayes of St. Michael to hear their judgement of and upon the premises Because the Court of the Lady the Queen here not yet c. At which day before the Lady the Queen at Westminster aforesaid came the parties aforesaid in their proper persons Upon which seen and by the Court of the Lady the Queen all and singular the premises fully understood and mature deliberation being thereupon had For that it seemeth to the Court of the said Lady the Queen now here That the said Humphry did take upon him in manner and form in the Declaration aforesaid above specified It is granted That the aforesaid John Slade shall recover against the said Humphry Morley his damages and costs aforesaid by the Jurors aforesaid in form aforesaid assessed As also Nine pounds for his charges and costs aforesaid to the said John Slade by the Court of the said Lady the Queen here by his assènt of encease adjudged which damages in the whole do amount to Twenty and six pounds And the said Humphry Morley in mercy c. Hillary Term. 8. Jacobi Rott 1112. William Banes Case C. 9. part fol. 91. a. Mâ—morandum That at another time that is to say In the Term of St. Michael last past before the King at Westminster cometh William Banes by Thomas Ferrer his Attorny and brought here in the Court before the said Lord the King that now is his Bill against Edward Paine and Mary his Wife in the Custody of the Marshal of a Plea of Trespass upon the Case And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Willam Banes complaineth of Edward Paine and Mary his Wife in the Custody of the Marshall of the Marshalsey of the Lord the King before the King himself being for that is to say That whereas one William Havert in his life time the late Husband of the aforesaid Mary That is to say the first day of March in the year of the Reign of the Lord James that now is King of England the 6th at London that is to say in the Parish of the blessed Mary of Bow in the Ward of Cheap London was indebted to the said William Banes in 77. pounds of lawful Money of England for divers summs of Mony to him the said William Havert by the aforesaid William Banes give to loan and lent And so being endebted the said William Havert afterwards that is to say the 6th day of April in the year of the Reign of the Lord the King that now is of England the 7th at London in the Parish and Ward aforesaid lying sick earnestly required the said Mary then his Wife to pay to the said William Banes after the death of the said William Havert the said 77. pounds And then and there the said William Havert made his Testament and last Will and made and constituted the said Mary Executrix of his said last Will then there dyed After whose death the said Mary took opon her the burthen of Execution of the Testament aforesaid And whereas the aforesaid Mary after the death of the said William Havert by colour of the last Will aforesaid was possessed of the interest of a Term for divers years then and yet to come Of and in certain Gardens and a Bowling-Ally scituate and being in Morefield that is to say in the Parish of St. Leonard in Shordich in the County of Midd. And the said Mary when she was single perceiving that the aforesaid William Banes intented to trouble and sue the said Mary for the aforesaid 77. pounds because that the said Mary the said 77. pounds to the said William Banes after the death of the aâ—oresaid William Havert her Husband deceased had not paid the said Mary whilest she was single afterwards that is to say 25th day of June in the year of the Reign of the said Lord the King that now is of Engl. the 7th aforesaid At London aforesaid in the Parish and Ward aforesaid In consideration that the said William Banes at the instance and especial request of the said Mary should not trouble or sue the said Mary for the said 77. pounds but would forbear the payment thereof until the next Quarter that is to say until the Feast of St. Michael the Archangel then next following Promised unto the said
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
c. in Gosfield aforesaid entred and was thereof seised in his Demesn as of Freehold for the Term of his life And the said Thomas Lawrence and Marcy further say That at the time of the death of the aforesaid Thomas Nash sometimes Husband c. the aforesaid Zachary was within the Age of 21. yeers that is to say of three yeers by which the said Marcy whilest she was single as Guardian and for nurture of the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid entred and was thereof possessed the aforesaid Thomas Nash the Son of the Tenements aforesaid with the Appurtenances in Wetherfiald aforesaid being seised and that the said Zachary of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid in form aforesaid being seised And the said Marcy in form aforesaid being possessed Afterwards and before the making of the aforesaid Writing of Release here in Court brought at Gosfield aforesaid It was concluded and agreed between the said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower happening to her after the death of the aforesaid Thomas Nash sometimes the husband c. in all Lands and Tenements of the said Thomas in Wetherfield aforesaid And that the said Thomas Nash the Son should enfeoff John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten and the said Thomas Lawrance and Marcy farther say that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid in the form aforesaid being seised and the aforesaid Marcy of the Tenements with the appurtenances whereof c. in Gosfield aforesaid being possessed the said Marcy afterwards that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th abovesaid whilest she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered And the aforesaid Thomas Nash the Son the 28th day of April in the year of the Reign of the said late Queen the 35 th aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten and this they are ready to aver whereupon they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to be adjudged to the said Thomas Lawrance in manner and form aforesaid and that the matters above in the replication aforesaid are not sufficient in Law them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof c. against the said Edward and Margaret to have and maintain and that they need not nor by the Law of the Land are bound to answer and this they are ready to aver wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part the said Edward and Margaret as at first demand Judgement And that the said Thomas Lawrence and Marcy from the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. against them to have be barred And the said Thomas and Marcy for as much as they sufficient matter in Law the said Thomas and Marcy to have and maintain their Action aforesaid against the said Edward and Margaret above by Replication have alleged which they are ready to aver Which matter the said Edward and Margaret do not deny nor to the same any wayes Answer but the Averment aforesaid altogether Refuse to admit as before demand Judgement and seisin of the third part aforesaid to be adjudged unto them 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. Michael to hear their Judgement thereof because the said Justices here thereof not yet c. Debt Ester Term 26. of Queen Elizabeth Rott 1608. RIchard Mauser late of London yeoman otherwise called Richard Mauser of Gillingham in the County of Kent Yeoman was summoned to Answer to William Painter Esq of a Plea that he render to him 40. pound whicb he oweth him and unjustly deteineth c. And whereupon the said William by Thomas Antrobas his Attorney saith That the said Richard the 6th day of April in the year of the Reign of the Lady the Queen that now is the 12th at London in the Parish of the blessed Mary of Bow in the Ward of Cheap by a certain writing Obligatory granted himself to be bounden to the said William in the said 40. pound to be paid to the said William in the Feast of the Ascension of our Lord then next following Yet the aforesaid Richard although often required the aforesaid 40 pound to the said William hath not yet rendred but the same to him hitherto hath denyed and yet doth deny whereupon he saith he is the worse And hath damage to the value of 10. pound and thereof he bringeth sute And he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie the date of which is the day and year aforesaid c. And the said Richard by John Cook his Attorney cometh and defendeth the force and injury when c. And prayeth the hearing of the writing aforesaid and it is read unto him in these words The Condition of this Obligation is such That whereas the within bounden Richard Mauser and John Mouser his Son by their deed of â—eoffment bearing date the date of this Obligation have given granted and confirmed unto the within named William Paynter and his Heirs all that parcel of Wood-land called South-wood conteining by estimation 10. Acres be it more or lesse lying together in the Parish of Gillingham within said and Bedherst in the County within said to the Lands of one Thomas Remsby towards the East West and North and to the Kings way towards the South as the same do more at large it appear If the said William Paynter and his Heirs shall and may at all times hereafter have hold and injoy all the aforesaid parcell of Wood-land with the appurtenances and charged or saved harmlesse of and from all and every former Bargain Sale Gift Grant Lease Right Copihold Dower Rent Charge and all other things and incumbrances whatsoever had made or suffered to be done by the said Richard Mauser or his Heirs or Assignes and also if
the said Richard Mauser and John Mauser his Son and their Heirs and the Heirs of either of them do at all times hereafter upon request to them or any of them made at the costs and charges of the said William Paynter his Heirs and Assigns make seal deliver acknowledge and do all and every such further reasonable Act and Acts thing and things devise and devises in Law as shall be reasonably devised or required to be done by the said William Paynter his Heirs or Assigns or his or their Counsel learned in the Law for the further assurance surety and sure-making of the aforesaid parcel of Woodland with the appurtenances unto the said William Paynter his Heirs and Assigns That then this present Obligation to be void or otherwise to remain in his force and vertue Which being read and heard The said Richard saith That the said William ought not to have his Action against him because he saith That the aforesaid William from the time of the making of the writing aforesaid untill the day of the bringing of the Original Writ of the said William that is to say the 16th day of October in the year of the Reign of the Queen that now is the 24th had held and enjoyed all the said parcell of Wood with the appurtenances called Southwood in the Condition aforesaid above specified kept free of and from all and singular former Bargains sales gifts grants demises rights joyntures dowers rent charges and from all other charges and incumbrances whatsoever had made or suffered to be made by the said Richard Mauser his Heirs or Assigns according to the form and effect of the Endorsment thereof And the said Richard Mauser further saith That after the making of the writing aforesaid and before the day of the bringing of the Original Writ aforesaid That is to say The 10th day of April in the year of the Reign of the said Lady the Queen that now is the 24th The aforesaid William Paynter at Gillingham in the County of Kent devised in writing a certain writing of Release between the said William Paynter and him the said Richard Mauser and the before said John Mauser and then and there required the said Richard and the said John that they would deliver the said writing as their Deed whereupon the said Richard the said writing at Gillingham aforesaid sealed and delivered as the Deed of the said Richard to the aforesaid William And further the said Richard saith That the said John Son of the said Richard in the condition aforesaid named upon the request of the said William made to the said John to Seal and deliver that writing as his Deed upon the shewing of the said writing of Release so devised because the said John was not lettered and could not read nor discern the contents or matter of the said writing at Gillingham aforesaid then required of the said William Paynter the writing aforesaid to be delivered unto him to shew the same to a man learned who could read the said writing to him so that he upon the reading of the contents of the writing aforesaid might inform himself whether that writing were made according to the Tenor of the Condition aforesaid or not and the said John said then and there That he would Seal and deliver that writing if that writing were according to the Tenor of the Condition aforesaid But the said William then and there refused to deliver to the said John the writing aforesaid to shew to a man learned in the Law who could read the same to the â—aid Iohn By reason of which The said Iohn did not seal nor deliver the writing aforesaid to the said William upon the request of the said William in manner and form aforesaid made And the aforesaid Richard Mauser saith That from the time of the making of the writing aforesaid untill the day of the bringing of the Writ aforesaid there were not any other farther Act or Acts devise or devises by the said William or his Counsel learned devised and required to be done to the aforesaid William Paynter for the further assurance security and sure making of the aforesaid parcell of Wood with the appurtenances by the said Richard Mauser and Iohn Mauser or any of them to the aforesaid William Paynter his Heirs and Assigns according to the form and effect of the Condition aforesaid to be done And this he is ready to averr whereupon he prayeth Judgement if the said William his Action aforesaid against him ought to have And the said William saith That the Plea of the said Richard in manner and form above pleaded is not sufficient in Law to Barr the said William to have his Action aforesaid against the said Richard and that he to that Plea in manner and form aforesaid pleaded needeth not by the Law of the Land to Answer and this he is ready to averr Whereupon for default of a sufficient Plea in this party The said William demandeth Judgement and his debt aforesaid together with his damages by occasion of deteining his debt to be adjudged unto him c. And the said Richard for as much as he sufficient matter in Law to barr the aforesaid William of having the Action aforesaid against the said Richard above hath alleged which he is ready to averr And which matter the said William doth not deny nor to the same in any manner Answer but the same averment to admit doth altogether refuse as before he demandeth Judgement and that the said William from his action aforesaid having against him the said Richard be barred c. And because the Justices here will advise of and upon the premises before they give Judgement day is given to the parties aforesaid untill the day after the Holy Trinity to hear their Judgement c. Because the said Justices hereof not yet c. At which day here come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and because the Justices here will further advise of and upon the premises before they give Judgement further day is given to the parties aforesaid untill in 8. dayes of St. Michael to hear their Judgement because the said Justices here hereof not yet c. At which day come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and upon this the premises considered and by the Justices here fully understood It seemed to the Justices here That the aforesaid Plea of the said Rich. Mauser above in Barr pleaded is not sufficient in Law the said Rich. as to barr the said Wil. to have his ActioÌ„ aforesaid against the said William Paynter above hath alleged Therefore it is granted that the said William Paynter recover against the said Richard Mauser his debt aforesaid and his damages by occasion of deteining of his debt to 20. pounds to the said William with his assent by the Court here adjudged and the aforesaid Richard in mercy c. Afterwards that is
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
in Execution being The said Thomas Skinner and Iohn Catcher then being Sheriffs of London within written the 8th day of September the 30th year aforesaid by virtue of the Writ aforesaid at London aforesaid took and arrested the within named Anthony Bastard in manner and form as the said Titus within likewise against the said Thomas Skinner and Iohn Catcher declared And that the said Anthony Bastard so taken and arrested under the custody of the said Thomas Skinner and John Cacther then Sheriffs of London aforesaid in form aforesaid being The said then Sheriffs of London the said Anthony Bastard in Execution for the aforesaid 440. pounds then and there had according to the Command of the said Writ And moreover the Jurors aforesaid say upon their Oath aforesaid That the said Anthony Bastard so in custody of the said Thomas Skinner and John Catcher for the aforesaid 440. pounds for the aforesaid other Debt of 240. pounds to the said Robert Dighton in form aforesaid being The said Thomas Skinner and John Catcher afterwards that is to say the within written 20th day of October in the 30th year aforesaid in the going out of their Office aforesaid the said Anthony Bastard by Indenture delivered to Hugh Offley and Richard Saltonstall in Execution for the aforesaid Debt of the said Robert Dighton without any other mention of the said Execution of 440. pounds made to the aforesaid Hugh Offley and Richard Saltonstall or to any of them given or notified And fuâ—ther the said Jurors say upon their Oath aforesaid That then That is to say The 20th day of October in the 30th year aforesaid The said Thomas Skinner and Iohn Catcher from their Office aforesaid were discharged And further the said Jurors say upon their Oath aforesaid That after that the said Thomas Skinner and Iohn Catcher from their Office aforesaid in form aforesaid were discharged That the said Anthony Bastard without payment of any of the aforesaid Debts in the Custody of the aforesaid Hugh Offley and Richard Saltonstall in form aforesaid being for the said 240. pounds the said Hugh Offley and Richard Saltonstall the said Anthony Bastard having none nor any of them ever having any Notice to them or either of them given of the said Execution of the aforesaid 440. pounds at London aforesaid out of the Prison aforesaid suffered to go at large where he would But whether upon the whole matter aforesaid in form aforesaid found The said Thomas Skinner and John Catcher ought to be charged for the aforesaid said Debt of 440. pounds in Law or not the Jurors aforesaid are altogether ignorant And they pray the Advice of the Court of the said Lady the Queen before the Queen her self being And if it shall seem to the said Court That the said Thomas Skinner and Iohn Catcher ought not to be charged for the said 440. pounds in Law upon the whole matter above found The said Jurors say upon their Oath aforesaid That the said Thomas Skinner and Iohn Cacther do owe to the said Titus VVestbie the said 440. pounds in manner and form as the said Titus within against them declared And they do also assesse the damages of the said Titus Westbie by occasion of detaining of the said Debt besides his charges and costs by him about his Sute in this part expended to 20. pounds and for his charges and costs to 53. shillings and 4. pence And if it shall seem to the Court aforesaid That the said Thomas Skinner and John Catcher do not owe to the said Titus Westbie the said 440. pounds in manner and form as the said Thomas Skinner and John Catcher within pleading have alleged c. And because the Court of the Lady the Queen that now is here of their Judgement of and upon the premises to be given are not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Tuesday next after 8. dayes of St. Michael for to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. Before which day the Plaint aforesaid was Adjorned by the Writ of the Lady the Queen of Common Adjornment before the Queen at Westminster until the day of St. Michael in a moneth At which day the Plaint aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Queen until the next of All Souls then next following at the Castle of Hartford in the County of Hartford At which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attornies aforesaid And because the Court of the Lady here of their giving of their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at the Castle of Hartford aforesaid untill Tuesday next after 8 th of St. Hillary to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. And so from Term to Term until Thursday next after 8. dayes of St. Hillary to hear their Judgement c. cause the Court of the Lady the Queen here c. At which day be-before the Queen at Westminster came the parties aforesaid by their Attornies aforesaid Upon which Seen and by the Court of the Lady the Queen here all and singular the premises looked into and understood and mature deliberation be thereof had because that it seemes to the Court of the Lady the Queen that now is here That the said Tho. Skinner and John Catcher ought to be charged for the said 440. pound It is granted That the said Titus Westbie shall recover against the aforesaid Tho. Skinner John Catcher his debt aforesaid his damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also 10. pound 13. shill and 4. pence for his charges and costs aforesaid to the said Titus by the Court of the said Lady the Queen here with his assent of increase adjudged Which damages in the whole do amount to 33. pounds 6. shillings 8. pence and the said Thomas Skinner and John Catcher in mercy c. Afterwards that is to say Upon Monday the 10 th day of February in the year of the Reign of the said Lady the Queen that now is the 37 th The Transcript of the Record and proceedings between in the parties aforesaid with all things touching the same by a certain Writ of the Lady the Queen of Errors correcting by the said Thomas Skinner and John Catcher in the premises was brought to the Justices of the Lady of the Queen of the Common Pleas and the Barons of the Exchequer of the Lady the Queen In the Chamber of the Exchequer aforesaid according to the form of a Statute in the Parliament of the said Lady the Queen at Westminster the 23 th day of November in the year of her Reign the 27 th holden and made in the same
Court of the said Lady the Queen here before the Queen her self were sent The aforesaid Thomas Skinner and John Catcher in the Court of the Exchequer aforesaid divers matters for Errors in the Record and Proceedings aforesaid for the revoking and annulling of the Judgement aforesaid assigned To which the said Titus in the said Court appearing pleaded That neither in the Record nor in the Proceedings aforesaid for the revoking and annulling of the Judgement aforesaid in any thing was there Error After which that is to say Monday the 20 th day of October in the year of the Reign of the Queen that now is the 37 th the premises seen And by the Court of the said Lady the Queen there diligently examined and fully understood as well the Record and proceedings aforesaid and the Judgement upon the same given as the Cause aforesaid for Error by the said Thomas and John above assigned and alleged It seemed to the Court here That the Record aforesaid was in nothing vitious or defective and that in the Record aforesaid is Error in nothing Therefore then and there in the same Court it was granted That the Judgement aforesaid should be affirmed in all things and stand in all his force and effect the said Causes for Error here assigned in any thing notwithstanding And further It was granted That the said Titus should reover against the said Thomas and John 80. shilings to the said Titus by his Assent by said Court of the Lady the Queen there adjudged according to the form of the Statute late made and provided for his costs and charges which he had by reason of delay of the Execution of the Judgement aforesaid by Colour of prosecuting the said Writ of Error c. And thereupon the Record aforesaid as also the proceedings thereupon before the Justices of the Common Pleas and the Barons of the Exchequer aforesaid in the premises had before the Queen wheresoever c. by the Justices and Barons aforesaid were sent back according to the form of the Statute aforesaid c. And in the same Court of the said Lady now here before the Queen they remain c. Ejectione Firme Mich. 30. 31. Eliz. in the Exchequer Sir William Pethams Case co 1. part MEmorandum That at another time that is to say in the Term of Lond. ss St. Hillary in the year of the Reign of Queen Elizabeth that now is the 30 th Henry Page Debtor of the Lady the Queen that now is before the Barons of the Exchequer of the said Lady the Queen at Westminster in the County of Middlesex by John Hawkesworth his Attorney and brought then and there his Bill against Edward Griffin of a plea of Trespass Ejectment out of his Farm The Tenor of which Bill followeth in these words ss London ss Henry Page Debtor of the Lady Elizabeth the Queen that now is cometh before the Barons of the Exchequer the 27th day of January this Term by John Hawkesworth his Attorny and complaineth against Edward Griffin present here in Court the same day by Richard Hatton his Attorny of a Plea of Trespasse and Ejectment of him out of his Farm for that viz. That whereas one Thomas Bowes Mr. of Artes the 10 th day of January in the yeer of the said Lady the Queen that now is the 29 th at London in the Parish of St. Mary Wolnoth in the Ward of Langborn London had demised granted and to farm letten to the said Henry Page one Capital Messuage then or late in the tenure or occupation of Edward Griffin of London Haberdasher situate lying and being in Lomberstreet in the Parish of St. Mary Wolnoth in the Ward aforesaid within the City of London commonly called and known by the name of the White Lyon together with all Shops Sellers Chambers Places Easements Advantages Profits and Commodities with their appurtenances whatsoever to the said Messuage belonging or in any wise appertaining To have and to hold the said Messuage and all other the premises with their appurtenances to the said Henry Page his Executors Adminstrators and Assignes from the Feast of the Birth of our Lord then last past untill the end and Term of 6. years from thence next and immediately following to be compleat and ended By virtue of which Demise the said Henry Page into the Messuage aforesaid with the appurtenances entred and was thereof Possessed and so being thereof Possessed The said Edward Griffin afterwards that is to say the 11 th day of January in the year of the Reign of the said Lady the Queen that now is the 29 th aforesaid with Force and Armes c. into the Messuage aforesaid which the said Thomas Bowes to the said Henry in form aforesaid demised for the Term aforesaid which is not ended entred and the said Henry from his Farm aforesaid thereof his Term aforesaid not ended did eject expell and amove and other wrongs did unto him to the great damage of the said Henry and against the peace of the said Lady the Queen that now is Whereupon the said Henry saith that he is the worse and hath damage to the value of 20. Marks So as the less the aforesaid Henry cannot satisfie the Queen that now is the Debts which to the said Queen he oweth at her Exchequer And thereupon he bringeth Sute c. Pledges of Sute John Doo and Richard Roo And now this day that is to say in 8 â—â— of St. Michael this Term that is to say the 30 th year Until which day the said Edward Griffin prayed license to imparle and then to answer come here as well the said Henry Page as the said Edward Griffin by their Attornies aforesaid and the said Henry demandeth that the said Edward Griffin answer him in the premises c. And upon this The said Edward Griffin by his aforesaid Attorny cometh and defendeth the force and injury when c. And saith That he of the Trespasse and Ejectment aforesaid is no way thereof guilty And of that he puts himself upon the Country and the said Henry Page likewise Therefore it is commanded to the Sheriffs of London that they make come here from the day of St. Michael in one Moneth 12. c. of the Nighbourhood of the Parish of St. Mary Wolnoth in the Ward of â—augborn within the City of Lond. whereof every one c. by whom and who never c. And the same day is given to the parties aforesaid here c. At which day come the parties aforesaid by their Attornies aforesaid And the Sheriffs of London That is to say Hugh Offley and Richard Saltonstall send here the Writ of Venire Facias of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and the said Jurors being called did not appear Therefore it was commanded to the Sheriffs of London that they destrein the Jurors aforesaid by their Lands c. So c. upon Wednesday the 6 th of
with the appurtenances in the declaration aforesaid above specified at the time of the said recovery in the aforesaid Court of Hustings in the Guild Hall of London in form aforesaid had for which cause the entry of the said Thomas Bowes Master of Arts into the Messuage aforesaid with the appurtenances in the said Declaration aforesaid specified was not lawfull Item in this also it is Erred for that the aforesaid recovery was had in the said Court of Hustings before the 8th day of May in the yeare of the Reign of the Lady the Queen that now is the 14th and that the said Thomas Bowes who before was Tenant for Term of life was vouched in the said Court by the aforesaid William Pelham in the said Recovery named to warrant the Messuage aforesaid with the appurtenances amongst other things which Thomas afterwards by Summons by his Attorny appeared in Court and freely the Messuage aforesaid to the said William did warrant and farther vouched to warrant the aforesaid Richard Horsted who present in the same Court the Messuage aforesaid with the appurtenances farther warranted and afterwards made default by which Judgement against the said William Pelham in the said Recovery was given and execution thereof in the form aforesaid was had so as the said Thomas Bowes Master of Arts of the remainder without any demand in the Messuages aforesaid with the appurtenances to have stood utterly excluded and for that cause the aforesaid entry of the aforesaid Thomas Bowes Master of Arts into the said Messuage with the appurtenances after the said Recovery in form aforesaid had and executed was unlawfull 1. Item in this also it is erred because it was found that before any entry of the said Thmas Bowes Master of Arts the Judgement aforesaid was fully and in due manner executed after which Execution so had although the said Thomas Bowes Master of Arts before the Execution aforesaid had had title of Entry Yet the said Thomas by the Law of the Land into the Messuage aforesaid after the Eexcution aforesaid so had could not enter Item in this further it is erred because it is found by the Jurors aforesaid That the said Thomas Bowes the Father c. who was Tenant for Term of his life of the Messuage aforesaid with the Appurtenances is yet living and is in full life And so the aforesaid Entry of the said Thomas Bowes Master of Arts in the Messuage aforesaid with the Appurtenances in form aforesaid during the life of the said Tho. Bowes his Father made ought not to be adjudged lawful And for these causes the Judgement aforesaid for â—he said Henry Page against the said Edward Griffin and all thereupon depending upon the Bill aforesaid against the said Edward in form aforesaid spoken and exibited is not sufficient in Law and he prayeth That the said Judgement aforesaid for the Errors aforesaid and others in the Record and processe aforesaid being be revised annulled and utterly holden for none and that he unto all which by the occasion of the Judgement aforesaid given he lost he be restored And further the said Edward Griffin the Writ of the Queen to warn the said Henry Page that he should be before the said Chancellor and Treasurer in the Court aforesaid at Westminster to hear the Record and processe aforesaid and also the Errors aforesaid and further to do and receive what should be just in the premises c. And it was granted to him retornable upoÌ„ Tuesday the 28 th day of Octo. next following c. At which day before the aforesaid Chancellor and Treasurer in the Court aforesaid at Westminster came the said Henry Page by his Attorny aforesaid And the Sheriffs of London that is to say Richard Gourney and Stephen Soame now sent by Thomas Bickliff and Humphry Walsingham good and lawfull Men of their Baliwick That they did warn the said Henry Page that he should be before the Chancellor and Treasurer aforesaid in the aforesaid Chamber at the day and place aforesaid to do and receive as the said Writ commanded and required And thereupon the said Edward by John Hawkesworth his Attorny came likewise and demanded the hearing of the Record and Processe as also of the Errors aforesaid And they are read unto him c. which being read and heard The said Henry Page said That in the Record and Processe aforesaid made in the giving of the Judgement aforesaid it is in nothing erred and prayed that the Court here proceed as well to the Examination of the Record and the Processe aforesaid as the causes aforesaid for Errors alleged And that the Judgement aforesaid in all things might be affirmed And because the aforesaid Chancellor and Treasurer would advise of and upon the premises before they give their Judgement day is given to the parties aforesaid here that is to say in the Chamber aforesaid until Tuseday the 11 th day of November next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid before the aforesaid Chancellor or Treasurer in the Chamber aforesaid untill Tuseday the 18th day of November then next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid untill Tuesday the 25 th day of November following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid and because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the Premises further day is given to the parties aforesaid here before the aforesaid Chancellor and Treasurer in the Chamber aforesaid untill Tuesday the 27 th day of January next following to hear their Judgement thereof c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster aforesaid come as well the said Henry Page by John Hawkesworth his Attorny aforesaid as the aforesaid Edward Griffin by Rich. Hatton his Attorny aforesaid and thereupon the said Henry sayd That the said Edward his Writ aforesaid for correcting of Errors against the said Henry in this case further to prosecute or maintain ought not because he saith That after the last continuance of the Plea aforesaid that is to say after the aforesaid Tuesday that is to say the 25 th day of November from which day the Plea aforesaid was last continued untill this day that is to say
the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
Agmondesham afterwards that is to say the 17th day of February in the 36th year aforesaid at Chedington aforesaid demised granted and to Farm let the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances to one Michael Weston To have and to hold unto the said Michael and his assigns from and immediately after the end expiration and determination of the said demise to the said Thomas Tasburgs by the aforesaid John Agmondesham as is said made until the end and Term of 21 years from thence next following fully to be compleated if the said Michael Weston and one Margaret Bromley or any of them should so long live By virtue of which demise the said Michael Weston afterwards and before the time in which c. that is to say the 26 day of March in the year of our Lord 1595 at Chedington aforesaid into the Rectory aforesaid and glebe Lands aforesaid with the appurtenances entred and was thereof possessed and so being thereof possessed the said Michael afterwards and before the time in which c. that is to say the 22 day of May in the year of the Reign of the Queen that now is the 37 at Chedington aforesaid by his Indenture with the seal of the said Michael sealed and to the Jurors aforesaid in evidence shewed Granted and assigned all his Interest Estate Term of years and demand then to come and unexpited of and in the Rectorie aforesaid and gleabe Lands aforesaid with the appurtenances to the said William Wilkinson now defendant By virtue of which grant the said William into the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances entred and was thereof possessed and the said William so being possessed the said David Roberts Clerk afterwards and before the time in which c. that is to say the 11 day of January in the Reign of the said Lady the Queen that now is the 38th to the Rectory of Chedington aforesaid was lawfully presented admitted instituted and Inducted By virtue of which the said David Roberts into the Rectory aforesaid with the Appurtenances entred was thereof possessed in his Demesn as of Fee in the right of his Church of Chedington aforesaid And so being seized afterwards before the time in which c. that is to say the 26th day of March in the yeer of the Reign of the said Lady the Queen that now is the 38th aforesaid by Indenture in the Declaration aforesaid specified Demised the Rectory aforesaid with the Appurtenances in the Declaration likewise mentioned to the aforesaid David Loyd To have and to hold to the aforesaid David Loyd from the day of the date of the same Indenture unto the end and Term of three yeers then next following and fully to be compleat and ended By virtue of which Demise the said Dav. Loyd afterwards that is to say the 27th day of March in the yeer of the said Lady the Queen that now is the 38th into the Rectory aforesaid with the Appurtenances entred and was thereof possessed untill the said William Wilkinson afterwards that is to say the said 10th day of April in the 38th yeer aforesaid into the Rectory aforesaid with the Appurtenances upon the possession of the said David thereof entred and him the said David from thence his Term aforesaid not yet ended did eject expell andamove as the said David Loyd above against him complaineth And further the Jurors aforesaid say upon their Oath aforesaid That as well the said David Roberts as the said Michael Weston are yet alive and in full life that is to say at Chedington aforesaid But whether upon the whole matter aforesaid in form aforesaid found the re-entry of the said VVilliam VVilkinson into the Rectory aforesaid with the Appurtenances in the Declaration aforesaid above specified upon the possion of the said David Loyd thereof in manner aforesaid made be or in Law ought to be adjudged a good and lawfull re-entry in Law or not the Jurors aforesaid are utterly ignorant Whereupon they pray thereof the advice and discretion of the Court of the said Lady the Queen that now is before the said Lady the Queen her self being And if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Court of the said Lady the Queen That the aforesaid re-entry of the aforesaid VVil. VVilkinson into the said Rectory aforesaid with the appurtenances in which c. upon the possession of the said David Loyd be not a good lawful re-entry in Law then the Jurors aforesaid say upon their oath aforesaid That the aforesaid VVilliam VVilkinson the said David Loyd from his Farm aforesaid of the Rectory aforesaid with the appurtenances in which c. unjustly did eject And that the Ejectment aforesaid the Trespass in the Declaration aforesaid specified as unto the Rectory aforesaid with the appurtenances the said VVil. VVilkinson is guilty in manner and form as the said David Loyd above declaring hath alleged And then they assesse the damages of the said David by the occasiō of the Ejectment and Trespass in the Rectory aforesaid with the appurtenances besides his charges and costs by him in the Sute aforesaid in this behalf expended to 3. shillings and 4. pence and for his costs and charges to 12. pence And if upon the whole matter aforesaid It shall seem to the said Court of the said Lady the Queen here that the said entry of the said VVilliam VVilkinson into the Rectory aforesaid with the appurtenances upon the possession of the said David thereof in the from aforesaid made be a good and lawful re-entry in Law Then the aforesaid Jurors say upon their Oath aforesaid That the said VVilliam VVilkinson is not guilty of the Trespasse and Ejectment of the Farm aforesaid as to the Rectory aforesaid with the appurtenances as the aforesaid VVilliam VVilkinson above in pleading hath alleged And because the Court of the said Lady the Queen that now is here of their Judgement of and upon the premises to be given are not yet avised day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof c. because the Court of the said Lady the Queen here are not yet c. At which day before the said Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgemen thereof c. because the Court of the said Lady the Queen here thereof yet c. At which day before the said Lady the Queen at VVestminst come the parties aforesaid by their Attornies aforesaid And because the Court o◠the said Lady
the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Monday next after 8. dayes of St. Hillary to hear their Judgement because the Court of the said Lady the Queen that now is here thereof are not yet c. At which day before the said Lady the Queen at VVestminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill VVednesday next after 15. dayes of Easter to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not as yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen that now is thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because this Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgement because the Court of the said Lady the Queen here thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid Upon which seen and by the Court of the said Lady the Queen that now is here diligently looked into and fully understood all and singular the premises and mature deliberation being thereupon had Because it seemeth to the Court of the said Lady the Queen now is here That the aforesaid re-entry of the aforesaid VVilliam VVilkinson into the said Rectory with the Appurtenances in which c. upon the possession of the said David Loyd is not good and a lawful re-entry in Law It is granted that the said David Loyd shall recover against the said VVilliam VVilkinson his Term aforesaid of and in the Rectory aforesaid with the appurtenances yet to come And his damages by the Jurors in form aforesaid assessed And that the said VVilliam VVilkinson be taken c. And likewise the said David in mercy to the residue of the Trespass and Ejectment aforesaid whereof the said VVilliam VVikinson in form aforesaid stands acquitted And the said VVilliam VVilkinson thereof be acquitted c. Michelmas Term 41. 43. Elizabeth Rott 144. in the KINGS BENCH Bingams Case C. 2. part fol. 82. MEmorandum That at another time that is to say Easter Term last Dors ss past before the Lady the Queen at VVestminster came George Stroud Esquire by Simon Spatchard his Attorny And brought here in Court of the said Lady the Queen his Bill against Ralph Horsey Knight Richard Veal and Edward Goor Gent. in the Custody of the Marshall c. of a Plea of Trespasse and Ejectment of him out his Farm And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Dorset George Stroud Esquire complaineth of Ralph Horsey Kt. Rich. Veal and Edw. Goor For that That is to say That whereas one VVilliam Albert the 7th day of April in the year of the Reign of the Lady the Queen that now is 41. at Melcum in the County aforesaid had demised granted and to Farm letten to the aforesaid George one messuage 120. acres of Lands 40 Acres of Meadow 200. Acres of Pasture and 100. Acres of Furze and Heath with the Appurtenances in Melcum aforesaid in the County aforesaid To have and to hold the Tenements aforesaid with the Appurtenances unto the said George and his Assigns from the Feast of the ANNVNCIATION of the blessed Lady the Virgin MARY then last past untill the end and Term of 6. years and a half of a year from thence next insuing fully to be compleat and ended By virtue of which demise the said George into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Ralph Horsey Richard Veal and Edward Goor after that is to say the 11th day of April in the 41 year aforesaid with force and arms c into the Tenements aforesaid with the appurtenances upon the possession of the said George thereof did enter and the said George from his Farm aforesaid thereof his term aforesaid not being ended did eject expel and amove and the said George from his possessiion thereof did hold out and do yet hold out and other harms did unto him against the peace of the said Lady the Queen to his damage of 100 pound and thereof he bringeth sute c. And now at this day that is to say Tuseday next after 8 dayes of Saint Michael this Term untill which day the aforesaid Ralph Horsey Richard Veal and Edward Goor had Licence to imparl to the said Bill and then to Answer c. before the Lady the Queen at Westminster come aswell the said George Stroud by his Attorney aforesaid as the aforesaid Ralph Horsey Richard Veal and Edward Goor by James Hyde their Attorny and the said Ralph Richard and Edward defend the force and injury when c. and say that they are not thereof guilty and upon that put themselves upon the County and the aforesaid George Stroud likewise c. Therefore a Jury thereof before the said Lady the Queen at Westminster upon wednesday next after 8 days of Saint Hillary and who neither c. to know c. Because aswell c. The same day is given to the parties here c. ss Afterwards process continued between the parties aforesaid of the plea aforesaid by Juries put between the parties aforesaid in respit before the said Lady the Queen at Westminster until wednesday next after 18 dayes of Easter unless first the Justices of the Lady the Queen to take assises in the County first upon Monday the 3 weak of Lent at Dorchester in the County aforesaid by the form of the statute c. come for default of Jurors c. At which Wednesday before the Lady the Queen at Westminster came the parties aforesaid by their Attornies aforesaid And the aforesaid Justices of Assise before whom c. sent thither their Record before them had in these words ss Afterwards the day and place
and the Advowson aforesaid against all Men for Ever And for this Recognitition release quit claim Warranty Fine and Concord the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry John Fitz-James and George gave to the aforesaid John Horsey 2680. pounds Sterling Which Fine aforesaid in form aforesaid levied and had was levied of the Mannor and Tenements called Over-Melcomb otherwise Horseys-Melcomb otherwise Sturges-Melcomb with the Appurtenances To the use of the said John Horsey and the Heirs males of the body of the said John Horsey lawfully begotten and for default of such issue To the use of Edith now Wife of the said Ralph Horsey for the Term of her life And after the decease of the said Edith To the use of the aforesaid Ralrh Horsey and his heirs males of his body Lawfully begotten and for default of such issue To the use of Iasper Horsey Brother of the said Ralph Horsey and the Heirs males of his body lawfully begotten and for default of such issue to the use of the right Heirs of the aforesaid Iohn Horsey for ever By virtue of which and of the aforesaid Act of Parliament of Transferring of uses into possession made and provided The aforesaid Iohn Horsey was seised of the aforesaid Mannor and Tenements called Over-Melcombe otherwise Horseys-Melcumb otherwise Sturges-Melcomb with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Edith for the Term of her life the remainder thereof to the aforesaid Ralph Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Jasper Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder over to the right Heirs of the said John Horsey for ever And the Jurors aforesaid say upon their Oath aforesaid That afterwards and before the within written time in which c. that is to say the 20th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th The aforesaid Robert Bingham the younger and Ann at Melcumb aforesaid had issue between them lawfully begotten Richard Bingham Son and Heir apparent of the said Rob Bingham the younger And that the aforesaid Robert Bingham and Ann of the said Mannors Lands and Tenements called Wolcomb Binghams so as before is said being so seised the remainder thereof in form aforesaid expectant And the said Robert Bingham the Elder and Jane his Wife so as before is said of the aforesaid Mannor of Nether-melcum otherwise Melcum Bingham with the Appurtenances whereof c. being seised of the Mannor thereof to the aforesaid Robert Bingham the younger and the Heirs of his body upon the body of the said Ann lawfully begotten the remainder thereof to the right Heirs of the said Robert Bingham the elder expectant The said Robert Bingham the younger afterwards and before the time within written in which c. that is to say the 11th day of November in the yeer of the Reign of the said Lady the Queen that now is the 30th at Melcomb aforesaid dyed of such estate of and in the premises as is said seised And the said Ann did survive him and held her self in the Mannor aforesaid and Tenements called Wolcombe Binghams and was thereof sole seised in her Demesn as of freehold for the Term of her life by right of survivor and that after the death of the said Robert Bingham the younge the remaynder of the aforesaid Mannor of Neither Melcum otherwise Melcum Bingham with the appurtenances whereof c. in fee tail descended to the said Richard Bingham as Son and Heir of the body of the said Robert Bingham the Younger upon the body of the said Ann begotten the said Richard Bingham at the time of the death of the aforesaid Robert Bingham the younger his Father being within age that is to say of the age of one yeer and 9. moneths and no more And that the said Ann of the aforesaid Mannor and Tenements called Wolcombe Binghams in form aforesaid being seised And the said Robert Bingham the elder and Jane his Wife of the aforesaid Mannor of Nether-Melcum otherwise Melcombe Binghams with the appurtenances whereof c. in form aforesaid being seised the remainder thereof in form aforesaid expectant The said Ann afterwards and before the within written time in which c. at Melcombe aforesaid took to Husband one John Sroud Esquire And the Jurors aforesaid say upon their Oath aforesaid That at the time of the death of the said Robert Bingham the younger and before the within written time in which c. The aforesaid John Horsey was seised of the said Mannor of Over-Melcum otherwise Horseys-Melcum otherwise Sturges-Melcum with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the Remainder thereof over in form aforesaid expecting And the said John Horsey so thereof being seised one John Popham Knight Chief Justice of the said Lady the Queen of Plea before the Queen her self to be held assigned by the name of John Popham Esquire George Trenchard Esquire and Edward Gorge Esquire before the within written time in which c. that is to say the 26th day of March in the yeer of the said Lady the Queen that now is the 31.th Out of the Court of Chancery of the said Lady the Queen at Westminster in the County of Middlesex then being sued forth a certain Writ of the said Lady the Queen of Entry in the Disseisin in the Post against the said John Horsey then Tenant of the Freehold of the said Mannor of Over Melcum otherwise Sturges-Melcum with the appurtenances of the said Mannor by the name of the Mannor of Horseys-Melcum otherwise Sturges Melcum with the Appurtenances And 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the Appurtenances in Horseys-Melcum otherwise Sturgis-Melcum to the then Sherifs of the aforesaid County of Dorset directed By which Writ the said Lady the Queen that now is to the then Sherif of Dorset commanded that the said then Sherif should command the said John Horsey that justly and without delay he should render to the said Iohn Popham George Trenchard and Edward Gorge the said Mannor of Horseys-Melcum with the appurtenances and 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the appurtenances in Horseys-Melcum otherwise Sturges-Melcum which the said George Popham George Trenchard and Edward Gorge claimed to be their Right and Inheritance And in which the said Iohn Horsey had not entry but after the Disseisin which Hugh Hunt thereof unjustly and without Judgement made to
c. seised and so thereof being seised after and before the within written time in which c. that is to say the 7 th day of April in the Reign of said Lady the Queen that now is the 41 th aforesaid the aforesaid Iohn Stroud and Ann his wife and the said Richard Bingham upon the Tenements within written By their writing sealed with their seals bearing date the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th aforesaid to the Jurors aforesaid in evidence shewed at Melcum aforesaid demised the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. to the within named William Albert To have and to hold to him and his assignes from the Feast of the Anunciation of the blessed Mary the Virgin then last past before the date of the said writing for the Term of 7 years from thence next and immediately insuing fully to be complete and ended yielding therefore yearly during the term aforesaid 140 pound per. An. at the Feast of Saint Michael the Archangel and the Annunciation of the blessed Mary the Virgin by equal portions to be paid By virtue of which demise the aforesaid William Albert the aforesaid 7 th day of April in the year 41 aforesaid into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred and was thereof possessed as the Law requireth and so being thereof possessed after and before the within written time in which c. that is to say the aforesaid 7 th day of April in the year 41 aforesaid the said William Albert upon the Tenements within written entred and demised the Tenements within written with the appurtenances in which c. to the aforesaid George Stroud as in the declaration within written above is specified By virtue of which the aforesaid George Stroud the aforesaid 7 th day of April in the 41 th year aforesaid into the Tenements within written in the Declaration within written mentioned in which c. entred and was thereof possessed as the Law requireth until the said Ralph Horsey Richard Veal and Edward Goor the within written 11 day of April in the 41 year aforesaid upon the possession of the said George Stroud his term aforesaid not yet ended did eject expel and amove But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found the entrie of the said George into the Tenements within written with the appurtenances be lawful or not the said Jurors altogether do not know and pray thereof the advice of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are guilty of the Trespasse and Ejectment within written as the aforesaid George Stroud within against them complaineth And then they assesse the damages of the said George by occasion of the Trespasse and Ejectment within written above his charges and costs by him about his Sute in this behalf expended to 2. shillings and for his costs and charges to 20. shillings And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be not lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are not guilty of the Trespasse and Ejectment within written as the said Ralph Horsey Richard Veal and Edward Goor thereof within alleged And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises are not yet avised Day thereof is given to the parties aforesaid before the Lady the Q. at Westminster Untill Fryday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving her Judgement of and upon the premises are not avised Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster Untill Thursday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 8. dayes of St. Hillary to here their Jugement thereof because the Court of the said Lady the Queen thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Q. here of their Judgement to be given of upon the premises is not yet avised Day thereof is given to the parties aforesaid untill Wednesday next after the 18 th day of Easter to hear their judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster untill Friday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof are not yet c. At which day come the parties aforesaid before the Lady the Queen at Westminster by their Attornies aforesaid Upon which seen And by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation being thereof had It is granted That the said George Stroud shall recover against the said Ralph Horsey Richard Veal and Edward Goor his Term aforesaid of and in the Tenements aforesaid in the Declaration aforesaid specified yet to come and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed As also 12. pound for his charges and costs aforesaid to the said George Sroud by the Court of the said Lay the Queen here with his assent of encrease adjudged which damages in the whole do amount to 13. pound and two shillings And the said Ralph Horsey Richard Veal
shillings 8 pence due unto the said Thomas Amerie upon one obligation of certein years yet during and upon farther Condition that the said Thomas Amerie shall bring in the said Obligation to my Executors to be cancelled and utterly discharged upon this consideration before such time as the said Thomas Amerie shall make any entry upon the premises and that the said Thomas Amerie neither his assignes shall not during the said 8 years fell any of the Woods Timber nor Undrwoods in nor uppon the said upper part but shall preserve the Woods hawts and Springs to the behoof of the Heir in remainder and after the Term of the said 8 years the said upper part to remayn to my Executors until such time as Hugh Boraston shall accomplish his age of 21 years and the mean profits to be imployed by my Executors towards the performance of this my last will and Testament and when the said Hugh commeth unto twenty and one yeares of age then I will that he shall enjoy the said upper part to him and his heirs for ever Provided alwaies that if the said Thomas Amerie do refuse to bring in his Obligation or to preserve the Woods upon the said upper part then my Executors to enjoy the premises during the said Term of 8 years paying the said Amerie his 46 shillings 8 pence during the said Term of 8 years as by the Tenement and last will aforesaid amongst other things it appeareth And farther the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Boraston so of the aforesaid 10 Acres of Land with the appurtenances being seised afterward that is to say the 14 th day of the aforesaid Moneth of August in the year of the Reign of the said Lady the Queen that now is the first at Aldenham aforesaid of such his estate dyed seised and farther the Jurors aforesaid say upon their Oath that the aforesaid Hugh Boraston in the said Testament and last will named was Son and heir of the said Henry Boraston and that the said Hugh Boraston dyed before that he came to the age of 21 years that is to say about the age of 9 years And farther the Jurors aforesaid say upon their Oath aforesaid that the Interest of the premises aforesaid in the said Testament and last will mentioned and devised aswell to the said Thomas Amry and Amphillis his wife as to the Executors of the said Testament before the day of the bringing of the Bill within written ended and determined And further the Jurors aforesaid say upon their Oath That Philip Boraston was and is Brother and next heir of the said Hugh Boraston by colour whereof the said Philip Boraston after the aforesaid Interest of the premises to the said Thomas Amerie and Amphillis his wife and the exetors aforesaid by the aforesaid Testament and last will given and devised was ended and determined unto the aforesaid 10 Acres of Lands with the appurtenannces as brother and next heir of the said Hugh entred and was thereof sâ—ised as the Law requireth and so therof seised the said Philip boraston afterwards and before the time of the exhibitage of the Bill aforesaid that is to say the 20 day of June in the year of the Reign of the Lady the Queen that now is the 28 demised granted and to Farm let to the aforesaid William Ambry now defendant the Tenements aforesaid with the appurtenances in which c. To have and to hold to the said William Ambry and his assignes for a whole year from thence next following to be fully compleat and ended and so from year to year as long as both parties should please By virtue of which â—â—â—ise The aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid Thomas brand and Constance his wife William Davis and Margaret his wife as in the right of the said Constance and Margaret afterwards that is to say the 9 day of July in the year of the Reign of the Lady the Queen that now is the 20 aforesaid into the aforesaid 10 Acres of land with the appurtenances in upon the possession of the said William Ambry entred and were thereof seised as the Law requireth and so thereof being seised at Aldenham aforesaid the said Thomas Brand and Constance his wife William Davis and Margaret his wife afterwards that is to say the said 9th day of July in the year 28 aforesaid by their Indenture bearing date the same day and year demised granted and to Farm let the aforesaid 10 Acres of Land with the appurtenances to the aforesaid Richard Hynde to have and to hold the aforesaid 10 Acres of Land with the appurtenances unto the said Richard Hynde and his assigns from the Feast of Saint John the Baptist then last past until the end term of 7 years from thence next ensuing fully to be complete ended By virtue of which demise the said Richard Hynde into the aforesaid 10. Acres of Lands with the appurtenances the aforesaid 9th day of July in the year of the Reign of the said Lady the Queen that now is the 28th aforesaid entred and was thereof possessed until the aforesaid William Ambry afterwards that is to say the aforesaid 9 th day of July in the 28 year aforesaid with force and Armes c. into the aforesaid 10 Acres of Land with the Appurtenances upon the possession of the said Richard Hynde thereof by the precept and command of the aforesaid Philip Boraston re-entred and him the said Richard Hynde from his possession thereof held out and yet hold out But whether upon the whole matter aforesaid in form aforesaid found the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances be or in Law ought to be adjudged a good or lawfull re-entry the Jurors aforesaid are utterly ignorant and thereof pray the advice of the Court of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court of the said Lady the Queen that the Re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances upon the possession of the said Richard Hynde be not nor in Law ought to be adjudged a good and Lawfull Re-entry Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid William Ambry is guilty of the Trespass and Ejectment within specified in manner and form as the aforesaid Richard Hynde within against him complaineth and then they Assesse the damages of the said Richard Hynde by occasion of the Trespass and Ejectment out of his Farm besides his charges and costs by him about his sute in his behalf expended to 8. shillings and for his Charges and Costs to 30. shillings and 4 pence but if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court of the Lady
the Queen that the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the said Richard Hynde be or in Law ought to be adjudged a good and Lawfull re-entry then the Jurors aforesaid say upon their Oath that the said William Ambry is not guilty of the Trespass and Ejectment of the farm aforesaid as he before for himself hath alleged And because the Court of the Lady the Queen here of giving their Judgement further of and upon the premises is not yet avised day thereof is given to the parties aforesaid in the state that now it is before the Lady the Queen at Westminster untill thursday next after 8 dayes of Saint Hillary to heare their Judgement thereof because the Court of the Lady the Queen here thereof not yet have avised c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in the state it now is before the Lady the Queen at Westminster until wednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. And so from Term to Term until the plaint aforesaid was farther adjroned by another writ of the said Lady the Queen of Common adjournment before the Queen until the morrow of All Souls at the Castle of Hartford in the County of Hartford at which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attorneys aforesaid and because the Court of the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is farther given to the parties aforesaid in state as it is now before the Lady the Queen at the Castle of Hartford until Tuesday next after 3 dayes of Saint Hillary to hear their Judgement c. because c. Before which day the plaint aforesaid was adjorned by a writ of the Lady the Queen of common adjornement before the said Lady the Queen untill 8 dayes of Saint Hillary at Westminster at which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid and because the Court of the Lady the Queen here of giving their Judgment of and upon the premises is not yet avised Day is further given to the parties aforesaid in state as now before the Lady the Queen at VVestminster untill VVednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attorneys aforesaid Upon which seen by the Court of the Lady the Queen here and the premises diligently looked into and thereof mature deliberation being thereof had Because it seemeth to the Court of the said Lady the Queen here that the entrie of the aforesaid VVilliliam Ambry above specified into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the aforesaid Richard Hynde was a good and lawfull re-entry therefore It is granted that the aforesaid Richard Hynde take nothing by his Bill aforesaid but that he for his false clamour be taken c. and the aforesaid VVilliam Ambry be thereof without damage c. Ejectione Firme Hillary Terme 36. Eliz. Rott 440. in the Kings Bench. Sir George Browns Case C. 3. part fo 45. WIlliam Spencer late of Swindon in the County aforesaid Yeoman and Thomas Spencer late of Swindon in the County aforesaid Yeoman were attached to answer to James Linche of a plea wherefore with force and armes one Messuage one Barn 80 Acres of Land 80 Acres of Meadow and 80 Acres of Pasture with the appurtenances in Swindon which George Brown Knight to the aforesaid James demised for a Term which is not yet ended they entred and him from his Farm aforesaid did eject and other harms did unto him to the grievous damage of the said James and against the peace of the Lady the Queen that now is c. and whereupon the said James by Thomas Cooper his Attourny Complaineth That whereas the aforesaid George Brown the 22 th day of October in the year of the Reign of the Queen that now is the 35 th at Swindon aforesaid had demised to the said James the Tenements aforesaid with the appurtenances to have and to hold the same Tenements with the appurtenances to the said James and his assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 4 years from thence next ensuing and fully to be compleated By virtue of which demise the said James into the Tenements aforesaid with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid William and Thomas afterwards that is to say the 22 th day of October aforesaid in the 35 th year aforesaid with force and armes c. the Tenements aforesaid with the appurtenances which the said George Brown to the said James in form aforesaid demised for the term aforesaid which is not yet ended entred and him the said James from his Farm aforesaid held out and other harms c. To the grievous damage c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound and thereof bringeth sute c. And the aforesaid William and Thomas by John Paxton their Attorney come and defend the force and injury when c. And say that they in nothing are guilty of the Trespass and Ejectment aforesaid as the aforesaid James above against them complaineth and of this put themselves upon the Country and the aforesaid James likewise c. Therefore it is commanded to the Sheriff that he have here in 8 dayes of the Purification of the blessed Lady 12 good and Lawfull men c. by whom the truth c. and who neither c. Because aswell c. afterward the process between the parties aforesaid was continued of the plea aforesaid by Jurors put between them put in respite here until this day that is to say in 8 dayes of Saint Michael in the year of the Reign of the Lady the Queen that now is the 37 th Unless the Justices of the Lady the Queen for Assises in the County aforesaid to be taken assigned by the form of the statute upon Thursday the 17 day of July last past at New Sarad in the County aforesaid first came And now here at this day come as well the aforesaid James Linche as the aforesaid William Spencer and Thomas Spencer by their Attorneys aforesaid and the aforesaid Justices of Assise before whom c. sent here their Record in these words Afterwards the day and place within contained before Thomas Walmesley one
Tenements Rents Rectorie Warren Liberties and Fishing with the appurtenances in the same conteined and the same to him did render in the same Court to have and to hold and perceave the said yearly Rent of 100 pound to the said Edward the whole life of the said Johanna by the name of the Lady Johanna Bridges Mother of the said Anthony at the Feast of the Annunciation of the blessed Mary the Virgin the Nativity of Saint John the Baptist Saint Michael the Archangel and the birth of our Lord by equal portions yearly to be paid the whole life of the said Johanna the first payment whereof to begin at the Feast of the Feasts aforesaid which next after the decease of the said Anthony should happen to be And if it should happen the said yearly Rent of 100 pound or any part thereof to be behind in part or in all after any of the aforesaid Feasts in which as before is said it ought to be paid not paid by the space of 30 dayes That then and so often the said George and his heirs forfeit to the said Edward 4 pound and 15 shillings Nomine paenae as often as the said yearly Rent of 100 pound or any parcel thereof so to be behinde should happen and that then and so often it should be well lawfull to the said Ed. all the life time of the said Johanna into the aforesaid Mannors Tenements Rents Rectorie Warren Liberty and Fishing with the appurtenances in the said Fine conteined and every part and parcel thereof to enter and distreyn and the distressess so here taken and had Lawfully to lead carry away and drive and the same to keep until as wel of the aforesaid yearly Rent of 100 pound with the areaâ—ages thereof if any should be as of the aforesaid 4 pound 15 shillings Nomine Paenae as before is said he should be fully satisfied and paid Also the aforesaid George granted to the aforesaid Anthony and Barbara the aforesaid Mannors of Baddesden and Fally otherwise great Fally with the appurtenances and 20 Messuages 10 Tofts 10 Gardens 6 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 50 shilling Rent with the appurtenances in Baddesden Lugershall Fally otherwise great Fally and West Shefford and the Rectorie of great Fally with the appurtenance and Free Warren and Liberty of a Park in West Shefford otherwise great Shefford aforesaid parcel of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Fine conteyned and then did render in the same Court To have and to hold to the said Anthony and Barbara of the chief Lords of the Fee by the services which to those Mannors Tenements Rents Rectories Warren and Liberty of Park do belong the whole life of the said Anthony and Barbara and to the longest liver of them without impeachment of any waste the whole life of the said Anthony And after the decease of the said Anthony and Barbara the same Mannor Tenements Rents Rectories Warren and Liberties of Park with the appurtenances wholly to return to the said George and his heirs To be holden of the Lords of the Fee by the services which to those Mannors Tenements Rents Rectory Warren and liberty of Park belonging for ever And the aforesaid Jurors further say upon their Oath aforesaid that the said Johanna in the said Messuage and 26 Acres of Land amongst other with the appurtenances in form aforesaid being seised the said Johanna afterwards and before the within written time in which c. the 7th day of October in the year of the Reign of the said Lady the Queen that now is the 32 th at Swindon aforesaid by her certain Indenture of demise between the same Johanna by the name of Jane Harcourt of Lugershall in the County of Wilts Widdow of the one party and Edward Bridges Esquire William Bridges and Anthony Bridges Sons of the sayd Edmond and their assignes of the other party made which Indenture is dated the 21 th day of August in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid aswell for and in Consideration of the surrender of one Indenture of Demise before then granted of all and singular the premises in the said Indenture to the aforesaid Johanna then after demised or to be demised of 19 years and more then to come and not expired which the aforesaid Edmond before that time had and injoyed As of a former Indenture of Demyse at or before the sealing and deliverie of the said Indenture now in Evidence shewed the aforesaid Edward Bridges had surrendred and delivered unto the hands and possession of the said Johanna as for divers other good causes and considerations the same Johanna specially moving Demised granted and to Farm let to the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond the aforesaid Messuage and 26 Acres of Land with the appurtenances amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land amongst other to the aforesaid Edmond William and Anthony Bridges the aforesaid 2 Sons of the said Edmond Bridges for the Term of their natural lives and for the Term of the life of the longest liver and every of them successively to be injoyed Yielding and paying therefore yearly during the said Term to the aforesaid Johanna under by the name of Jane Harcourt her heirs assigns 4 pound and 2 pence of good and Lawfull mony of England at two usual Feasts or Terms of the year that is to say at the Feast of the Annunciation of the blessed Mary the Virgin 40 shillings and 1 penny and at the Feast of Saint Michael the Archangel the like sum of 40 shillings and 1 penny residue of the aforesaid 4 pound 2 pence as by the said indenture of Demise to the said Jurors in Evidence shewed more fully appeared by virtue of which demise the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond were seised of the aforesaid Messuage and 26 Acres of Land within written as the Law requireth And farther the said Jurors say upon their Oath that the aforesaid Messuage 26 Acres within written and the rest of the Tenements in the said Indenture of Demise by the said Johanna under and by the name of Jane Harecourt to the said Edmond William and Anthony Sons of the said Edmond in form aforesaid demised were not usually demised for the greater part of 20 years next before the same demise as before is said made for so little rent as by the aforesaid Indenture thereof now in evidence shewed in form aforesaid was reserved And the aforesaid Jurors farther say upon their Oath that the aforesaid Johanna afterwards and before the time in which c. that is to say the 29th day of September in the year of the Reign of the said Lady the Queen that now
is the 35 th at Lugershall aforesaid dyed After whose death the said George Brown into the Tenements within written with the appurtenances in which c. upon the possession of the said Edmond Bridges William and Anthony Bridges Sons of the said Edmond thereof entred and was thereof seised as the Law requireth and so being thereof seised afterwards and before the aforesaid time in which c. that is to say the within written 22 th day of October in the 35 year aforesaid Demised to the said James the said whole Tenements within written with the appurenances in which c. To have and to hold to the said James and his assignes from the within written Feast of Saint Michael the Archangel until the end and Term within mentioned of 4 years from thence next ensuing and fully to be compleated by virtue of which demise the said James into the said Tenements within written with the appurtenances entred and was thereof possessed as the Law requireth upon whose possession of the said James the aforesaid Thomas Spencer as servant of the said Edmond Bridges and by his Commandment within written the time in which c. into the said Messuage and 26 Acres of Land entred and the said James from his Farm aforesaid thereof did eject But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found the entry of the said Thomas Spencer into the aforesaid Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not the said Jurors are altogether Ignorant and Pray thereof the advise and discretion of the Justices here c. And if upon the whole aforesaid matter It shall seem to the Justices and Court here that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law then the said Jurors say upon their Oath that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid in the aforesaid Messuage and 26 Acres of Land as the aforesaid Iames against him within complaineth and then they assess the damages of the said Iames by the occasion of the said Trespass and Ejectment above his charges and costs by him about his sute in his behalf expended to 4 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid It shall seem to the Justices and Court here that the aforesaid entrie of the said Thomas Spencer upon the possession of the said Iames be a good and Lawfull entrie in Law then the said Jurors say upon their Oath that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid in the said Messuage within alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgment thereof day is given to the parties aforesaid here until in 8 dayes of Saint Hillary to hear their Judgement thereof because that the said Justices here thereof are not yet c. at which day come as well the aforesaid Iames as the aforesaid William and Thomas by their Attornies aforesaid and because the Justices here will further advise themselves of and upon the premises before they give their Judgement thereof day farther is given to the parties aforesaid here until from Easter in 15 dayes for to hear their Judgement therof because the said Justices here are not thereof yet c. At which day here come aswell the said Iames by George Dancombe his Attorny as the said William and Thomas by their Attorny aforesaid and because the Justices here will farther avise of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here until the morrow of Holy Trinity to hear their Judgment thereof because the said Justices here thereof not yet c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his Attorny as the said Willam and Thomas by their Attorny aforesaid and because the Justices here will avise of and upon the premises before they give their Judgement thereof further day is given to the parties here until in 8 dayes of St. Michael to hear their Judgment thereof because the said Justices here thereof are not yet At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny as the aforesaid William Spencer and Thomas Spencer by their Attorny And upon this the verdict aforesaid being seen and by the Justices here fully understood it seemeth to the Justices here that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Messuage and 26 Acres of Land upon the possession of the said Iames Linch is not a good and Lawfull entry in Law Therefore It is granted that the aforesaid Iohn Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and his damages aforesaid to 16 pence by the Jurors aforesaid in form aforesaid assessed As also 26 pound 9 shillings to the said Iames at his request for his charges and costs aforesaid by the Court here of increase adjudged which damages in the whole do amount to 26 pound 10 shillings and 4 pence and the aforesaid Thomas be taken c. And also the said Iames in mercy for his false clamor against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid thereof the said William and Thomas and the Jurors aforesaid above be acquitted therefore the said William and Thomas go thereof without day c. and hereupon the said Iames prayeth the writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him possession of his Term yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes c. Afterwards that is to say the 26 th day of November in the year of the Reign of the said Lady the Queen that now is the 40 th come here into Court the aforesaid Iames by the aforesaid George his Attorny and by a special warrant to him in that behalf made confessed himself to be satisfied of the damages aforesaid therefore the aforesaid Thomas of the said damages be acquitted c. Ejectione Firme Hillary Term 40. Elizabeth Rott 748. in the KINGS BENCH Adams and Lamberts Case C. 4. part fo 96. Buck MEmorandum That at another time That is to say in Michaelmass Term last past before the Lady the Queen at Westminster came Theophilus Adams Gentleman by Iohn Povey his Attorny and brought here in the Court of the said Lady the Queen then there his bill
against Iohn Lambert in the custody of the Marshal c. of a plea of Trespass and Ejectment of him out of his Farm and are pledges of sute Iohn Doo and Richard Roo which Bill followeth in these words ss Buck Theophilus Adams Gentleman complayneth of Iohn Lambert in the custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas one Robert Snelling Gentlemâ—n and Thomas Butler Gentleman the 23 th .. day of May in the year of the Reign of the Lady the Queen Elizabeth that now is of England the 36. at the Town of Buckingham in the County aforesaid had demised and to Farm Letten to the said Theophilus 1 Messuage and 10 Acres of Land to the said Messuage neer lying called the Conigree situate lying and being in the Town of Buckingham aforesayd in the County aforesaid To have to the said Theophilus and his assigns from the aforesaid 23 day of May in the 36 year aforesaid untill the end and Term of 10 years from thence next following and fully to be compleat and ended by virtue of which demise the same Theophilus afterwards that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 into the aforesaid Tenements with the appurtenances entred and was thereof possessed until the aforesaid Iohn Lambert afterward that is to say the same 16 day of April in the 39 year aforesaid with force and Arms c. into the Tenements aforesaid with the appurtenances upon the possession of the said Theophilus thereof entred and him the said Theophilus from his Farm thereof his Term aforesaid not yet ended ejected expelled and amoved and from his possession thereof held out and yet holdeth out and other harms to him did against the peace of the said Lady the Queen that now is to the damage of the said Theophilus of 20 pound and thereof he bringeth sute c. and now at this day that is to say Monday next after 8 dayes of Saint Michael this Term until which day the aforesaid Iohn Lambert had licence to imparl to the Bill aforesaid and then to answer c. before the Lady the Queen at Westminster came aswel the aforesaid Theophilus Adams by his Attorny aforesaid as the said Iohn Lambert by Iohn Harborn his Attorny and the said Iohn Lambert defendeth the force and Injury when c. and saith that he is not there of guilty and of this putteth himself upon the Country and the said Theophilus likewise c. and therefore a Jury thereof was to be before the Queen at Westminster upon Monday next after the morrow of the Purification of the blessed Lady Mary by whom c. and who neither c. Because aswel c. Day is given to the parties aforesaid thence c. of which day the Jurors aforesaid between the parties aforesaid of the plea aforesaid were put in respit before the Lady the Queen at Westminster until Monday next after the Month of Easter in the year of the said Lady the Queen that now is the 41 th for default of Jurors c. At which day before the said Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attorneys aforesaid And the Jurors of the same Jury being called come likewise who to say the truth of the premises chosen tryed and sworn say upon their Oath that long before the time of the Trespass and Ejectment aforesaid that is to say the 5 day of the month of June in the year of our Lord 1431 and in the year of the Reign of King Henry the 6 after the conquest the 9 one Iohn Barton the Elder was seised of the aforesaid Messuage and of 6 Acres of Pasture parcel of the aforesaid 10 Acres of Pasture in the Declaration aforesaid specified in which it is supposed the Trespass and Ejectment aforesaid to be done amongst other in his demesn as of Fee and so thereof of the Messuage aforesaid and of the said 6 Acres of Pasture with the appurtenances parcel c. seised c. Enfeoffed William Brampton to have and to hold to him and his heirs to the behoof and use of the aforesaid Iohn Barton the Elder and his heirs By virtue whereof the aforesaid William Brampton was seised of the Messuage and 6 Acres of Land parcel c. with the appurtenances in his demesn as of Fee to the use of the aforesaid Iohn Barton and his heirs and the aforesaid William Brampton so thereof being seised the aforesaid Iohn Barton afterwards that is to say the aforesaid 5 day of the Moneth of June in the year of our Lord 1431 in the said year of the Reign of the said late King Henry the 6. the 9 aforesaid at Buckingham aforesaid made his Testament and last will within written of the aforesaid Messuage and 6 Acres of pasture parcel c. amongst other things in these words c. In the name of God Amen ss The 5 day of the Moneth of June 1431 of the late Reign of King Henry the 6 after the Conquest of England the 9 I Iohn Barton the Elder being of perfect minde and good memory do make and ordein my present Testament Indented conteyning my last will in this manner Imprimis I give and recommend my soul to God and my omnipotent Creator and Saviour and to the blessed Mary the Virgin his Mother and to all the Saints and my body to be buried in the Church of the blessed Peter the Apostle of Buckingham that is to say in the Church of Saint Romwold in the same place wherein a Marble stone for my burying I have ordeined and appointed and for this my burial there to be had I give to the building of the body of the said Church 40 shillings also I will and Ordain that speedily after my death there be celebrated for my soul 4000 Masses for the celebrating of which I give 16 pound 13 shillings 4 pence and for his payns who about this shall imply him self that fully faithfully and speedily it be performed 6 shillings 8 pence Item I give to the religious men under written that they as soon as by my Executors or their deputies they be acquainted of my death so speedily as conveniently it may be done every order of them say a Placebo and Dirige by note and the day following the Mass of Requiem with note for my soul the souls of my Father and Mother my friends and Benefactors and for the souls of all the faithfull departed that is to say to the Master and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury called of Acons London 40 shillings to the Master and Brethren of the Hospital of Saint Bartholemew in west Smithfield London 40 shillings to the Abbot and Covent of Bethesden in the County Buckingham 100 shillings to the Prior and Covent of Luffeild 40 shillings to the
possession then held made the aforesaid Edward Fowler was seized of and in the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances in his Demesn as of Fee Tail And so thereof being seized the issues and profits thereof all his life took and had and the same to the uses and intents in the Testament of the said John Barton the Elder above expressed applyed and converted And that the aforesaid Edward so thereof being seised afterwards that is to say the 28 th day of May in the yeer of the Reign of the late King Henry the 8th the 32. at Buckingham aforesaid of such his estate dyed thereof seized After the death of which Edward Fowler The said Messuage and 6. Acres of Pasture parcel c. descended to the said Gabriel Fowler as Son and Heir of the body of the said Edward Fowler lawfully begotten By virtue of which the aforesaid Gabriel into the aforesaid Messuage and 6. Acres of pasture parcell c. with the appurtenances entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs of his body lawfully begotten the reversion in Fee simple thereof to the right Heirs of the said John Barton the Testator expectant unto the uses in the said last Will of the said John Barton the Testator expressed to be performed and the aforesaid Gabriel Fowler the issues and profits thereof to the uses and intents in the said Testament of the aforesaid John Barton the Testator to be performed limitted received disposed and converted from the time of the death of the said Edward Fowler within 5. years next before the first year of the Reign of King Edward the 6 th that is to say untill the 4 th day of May in the year of the Reign of the late King Henry the 8 th the 37 th By colour of which aforesaid premises and by force of a certain Act of Parliament of the said King Edward late King of England the 6 th at Westminster in the County of Middlesex the 4th day of November in the year of his Reign the first begun and from thence continued untill the 24 th day of the same November then next following then and there holden concerning Colleges Free Chapels Chauntries Fraternities Guilds and other spiritual promotions made and provided The aforesaid late King Edward the 6th immediatly after the Feast of Easter next following after the making of the said Act of Parliament was seised of and in the aforesaid Messuage and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other things in the said Testament as is aforesaid given and appointed in his demesn as of Fee in the Right of his Crown of England if the Law so in this case requireth and that afterwards the said late King dyed of the said Messuage and 6. Acres of pasture so seised if the Law of England so requireth without Heir of his body begotten after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th If the Law of England in this case requireth By which the said late Queen Mary was seised of the Messuage aforesaid and of the aforesaid 6. Acres of pasture parcel c. amongst other in her demesn as of Fee in the right of her Crown of England if the Law this requireth and he said late Queen Mary afterwards and before the aforesaid time in which c. dyed so hereof seised if the Law of England in this case requireth without heir of her body issuing after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary if the Law of England in this case requireth By which the said Lady the Queen that now is was of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances amongst other seised in her demesn as of Fee in the right of her Crown of England if the Law of England so thereof requireth And the Jurors aforesaid further say upon their Oaths aforesaid That after the aforesaid Act of Parliament aforesaid in the year of the Reign of the late King Edward the 6th the first made The aforesaid Gabriel Fowler occupied the aforesaid Messuage and 6. Acres of pasture with the appurtenances parcel c. continâ—ed and was thereof seised in his demesn as of Feetail if the Law of England in this case requireth it having issue of his body lawfully begotten one Richard Fowler and so thereof seised continued the occupation aforesaid if the Law of England requireth it and afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the said Lady the Queen that now is the 18 th at Buck. aforesaid of such his estate dyed thereof seised if the Law of England requireth By colour of which the Messuage aforesaid and 6. Acres of pasture aforesaid with the appurtenances parcel c. descended if the Law requireth to the aforesaid Richard Fowler as Son and Heir of the said Gabriel By colour of which the said Richard Fowler afterwards and before the time in which c. into the Messuage and 6. Acres of Lands aforesaid with the appurtenances parcel c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs of his body lawfully begotten if the Law of England this requireth and the said Richard Fowler of the Messuage and 6. Acres of pasture aforesaid with the appurtenances parcel c. so being seised if the Law of England this requireth The said Richard after and before the time in which c. that is to say the 10th day of March in the year of the Reign of the said Lady the Queen that now is the 33th at Buckingham aforesaid By his writing bearing date the same day and year with the Seal of the said Richard sealed and to the Jurors aforesaid in Evidence shewed for a certain sum of money in the said writing specified if the Law of England this requireth enfeoffed Francis Dayrell and Edward Dayrell Gen. of the Messuage and 6. Acres aforesaid with the appurtenances parcel c. amongst other To have to the said Francis and Edward their Heirs and Assigns for ever By virtue of which the said Francis and Edward in the Messuage and 6. Acres of pasture aforesaid parcel c. entred and were thereof seised in their demesn as of Fee if the Law of Engl. this requireth so being thereof seised if the Law of Engl. this requireth The said Francis and Ed. afterwards before the aforesaid time in which c. that is to say
now is the 35 to the Jurors aforesaid in evidence shewed amongst other things it more fully appeareth By colour of which said Indenture and the inrolment thereof the aforesaid Robert Snelling and Thomas Butler were of the aforesaid Messuage and of the aforesaid 6 Acres of Pasture parcel c. with the appurtenances in which c. amongst other seised in their demesn as of Fee if the Law of England in this case requireth it and the aforesaid Robert Snelling and Thomas Butler so thereof being seised if the Law of England this requireth after and before the time in which c. that is to say the 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36. aforesaid into the aforesaid Messuage and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances entred and was thereof seised in their demesn as of Fee if the Law of England requireth and so thereof seised the aforesaid John Lambert continuing his possession aforesaid if the Law of England this requireth the said Robert Snelling and Thomas Butler the aforesaid 23 day of May at the said Town of Buckingham demised and to Farm let the Messuage aforesaid and the aforesaid 6 Acres of of Pasture parcel c. with the appurtenances amongst other to the aforesaid Theophilus Adams to have to the said Theophilas Adams his executors and assigns from the aforesaid 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36 aforesaid until the end and Term aforesaid of 10 years fully to be compleat and ended By virtue of which the said Theophilus Adams into the Messuage aforesaid and into the aforesaid 6 Acres of pasture parcel c. with their appurtenances amongst other things afterwards that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 entred and was thereof possessed if the Law in this case requireth upon whose possession of the said Theophilus thereof the aforesaid John Lambert afterwards that is to say the same 16 day of April in the 39 year aforesaid into the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances entred and the same Theophilus Adams from his Farm aforesaid thereof his Term aforesaid thereof not yet ended ejected expelled and amoved and him the said Theophilus from his possession thereof held out and yet holdeth out as the said Theophilus before against him declared But whether upon the whole matter aforesaid found in form aforesaid It shall seem to the Court here that the aforesaid John Lambert is guilty of the trespass and ejectment of the said Theophilus Adams of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture c. with the appurtenances or not the Jurors aforesaid are utterly ignorant of and thereof they pray the advice of the Court here c. and if upon the said whole matter in form aforesaid found it shall seem to the Court here that the aforesaid John Lambert is guilty of the Ejectment and Trespass to the said Theophilus of the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. w th the appurtenances then the said Jurors say upon their Oath aforesaid that the aforesaid John Lambert is guilty of the Trespass and Ejectment thereof as the aforesaid Theophilus above against him thereof complaineth and then they assess the damages of the same Thophilus by the occasion of the Trespass and Ejectment besides his charges and Costs by him about his sute in his behalf put unto to 12 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid in form aforesaid â—ound It shall seem to the Court here That the aforesaid John Lambert is not guilty of the Ejectment and Trespass aforesaid of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances then the aforesaid Jurors say upon their Oath aforesaid That the aforesaid John Lambert is not thereof guilty as the said John for himself above in pleading hath alleged and farther the said Jurors say upon their Oath aforesaid that the aforesaid John Lambert in nothing is guilty of the Trespass and Ejectment aforesaid in 4 Acres of Pasture of the said 10 Acres of Pasture residue above supposed to be done as the said John Lambert above in pleading hath alleged c. and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised Day is given to the parties aforesaid before the said Lady the Queen at Westminster until Friday next after the morrow of the Holy Trinity to hear their Judgement of and upon the premises because that the Court of the said Lady the Queen here are not yet c. And so from Term to Term untill Tuesday next after the morrow of All Souls to hear their Judgement of and upon the premises because the Court of the said Lady the Queen are not yet c. At which day before the said Lady the Queen at Westminster come the parties aforesaid in their proper persons upon which seen and by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation thereupon had for that it seemeth to the Court of the said Lady the Queen here that the aforesaid John Lambert is guilty of the Trespass and Ejectment of the said Theophilus Adams of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances therefore it is considered that the aforesaid Theophilus Adams shall recover against the aforesaid John Lambert his Term aforesaid yet to come of and in the aforesaid Messuage and the aforesaid 6 Acres of Pasture the aforesaid 10 Acres of Pasture parcel with the appurtenances and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also 25 pound for his charges and costs aforesaid to the said Theophilus Adams by the Court of the said Lady the Queen here with his assent of increase adjuged which said damages in the whole do amount to 25 pound 2 shillings and the said John Lambert be taken c. and likewise the aforesaid Theophilas Adams in mercy for his false clamor against the aforesaid John Lambert for the rest of the Trespass and Ejectment aforesaid whereof the said John Lambert is acquitted therefore the said John Lambert as to the rest of the said Trespass and Ejectment go thereof without day c. Ejectione Firme Mich. 10. of King James It begun Easter Term 1 of King James Rott 1639 in the Common pleas Arthur Legats Case C. 10. part fol. 109. a. Norff. EDward Cockel late of Wimondham in the County aforesaid Husbandman was attached to answer to Arthur Legat Gent. of a plea wherefore with force and Arms 6 Acres of Pasture and
and committed Malitiously Feloniously Voluntarily and of his fore-thought Malice did stir up abet counsel and procure against the Peace of the said Lord the King that now is his Crown and Dignity c. By Indictments Trinitat 10. of King James Information In the remembrances of the Exchequer of the 34 th yeer of Queen Elizabeth that is to say Amongst the Records of the Term of St. Hillary in the year aforesaid Rot 149. remaining in the Exchequer in the Custody of the Queens Remembrancer there amongst other things it is contained thus Porters Case C. 1. part fol. 16. b. MEmorandum That John Popham Esquire the Queens Attorny General Lond. ss who followeth for the Lady the Queen being present in this Court the 3d. day of February for the Queen gave the Court to understand and be informed That whereas All that the Key and Wharf called the Old Woolkey and all Messuages Buildings Lands Advantages Commodities and Profits to the same any way belonging or appertaining situate and being in the Parish of All Saints Barking in the City of London in the hands and possession of the said Lady the Queen that now is the 26â—h day of Ianuary in the year of her Reign the 34th and long before were and stood and of Right ought to be as in the Right of her Crown of England as in very many Records Rolls and Remembrances of this Exchequer it more fully appeareth of Record Yet one Iohn Porter Fishmonger and Henry Cockain the Lawes of the said Lady the Queen that now is little regarding but indending the dissenherisin of the Lady the Queen in the premises with Force and Armes c. the aforesaid 26th day of January in the 34th yeer aforesaid in and upon the possession of the said Lady the Queen that now is of the Premises Entred Intruded and made Entry And the issues and profits thereof arising took and had to their own uses and dâ— yet take and have the Trespasse aforesaid hitherto and yet continuing in contempt of the said Lady the Queen and contrary to her Lawes Whereupon the aforesaid Attorny General of the said Lady the Quen that now is for the said Lady the Queen prayeth the advise of the Court in the premises And that the aforesaid Iohn Porter and Henry Cockain come here to answer the said Lady the Queen in the premises Upon which c And the aforesaid Sherifs of the said City of London that they attatch the said John and Henry in form aforesaid so as c. in 8. dayes of the Purification of the blessed Mary the Virgin this Term Before which day that is to say the 4th day of February The aforesaid John Porter here in Court found and of the premises by the Barons here be spoken to of the premises is committed to the Prison of the Lady the Queen of the Fleet there to stay until c. And presently the same day brought hither to the bar by the Warden of the Prison aforesaid by favour of the Court was let to bail to Henry Cockain of the Parish of All Saints Barking and Robert Dodd of the Parish of St. Buttolph without Algate London that is to say to every of them Body for Body untill the next day and so from day to day and from Term to Term untill c. By Colour of which Bail the said John Porter from the Prison aforesaid is delivered And thereupon came then here the said Iohn Porter and Henry Cockain that is to say the said Iohn Porter in his proper person and the aforesaid Henry Cockain by Arthur Salway his Attorny specially admitted by the favour of the Court. And pray c. the hearing of the Information aforesaid And it is read unto them Which being read and by them understood The said Iohn Porter and Henry complain them to be by colour of the premises in the Information specified to be grievously troubled and inquieted and that not justly For taking it by Protestation that the Information aforesaid and the matter in the same contaned is not sufficient in Law To which they have not necessity by the Law of the Land to Answer Yet for Plea as to the Force and Armes and what is contrary to the Peace of the said Lady the Queen or in contempt of the said Lady the Queen The said John Porter and Henry say in nothing thereof they are guilty nor any of them is guilty And of this they put themselves upon the Country And the aforesaid Attorny General likewise and as to the Entry Intrusion and ingresse in all that the aforesaid Key and Wharf called the Old Woolkey and the aforesaid Messuages Buildings and other premises with the appurtenances in the Information above specified supposed to be done The said John Porter and Henry say That the said Lady the Queen that now is them the the said Iohn Porter and Henry or any of them thereof ought not to trouble Because they say That long before the aforesaid 26th day of January in the said Information mentioned One the Lady Avice â—nevet Widow late the Wife of Nicholas Gibson of London Grocer was seized of and in all that aforesaid Key and Wharf and other the premises with the appurtenances in the said Information specified in her demesn as of Fee And so being seised The said Lady Avice before the time in which it is supposed the Entry Intrusion and Ingresse to be done that is to say the 13th day of April in the Reign of the Lord Edward late King of England the Sixth at London in the Parish of All Saints Barking aforesaid in the Ward of the Tower of London Demised all that the aforesaid Key and Wharf and other the premises with the appurtenances to one Bartholmew Gibbs To have to him and his Assignes from the Feast of the Birth of our Lord in the yeer of our Lord 1566. from thence next insuing unto the end and Term of 40. yeers from thence next following and fully to be ended By virtuâ— of which Demise the aforesaid Bartholmew after the aforesaid Feast of the Birth of our Lord in the aforesaid yeer of our Lord 1566. and before the aforesaid time in which c. entred and was thereof possessed and so being thereof possessed The said Bartholmew before the time in which c. that is to say the First Day of January in the yeer of our Lord 1552. at London aforesaid in the Parish and Ward aforesaid made his Testament and Last Will in Writing and of the same his Testament and Last Will made and constituted one Alice his then Wife his Executrix And afterwards the said Bartholmew the same Day and Yeer there dyed of all the aforesaid Key and Wharf and other the premises with the appurtenances possessed After whose Death and before the time in which c. the same Alice taking upon her the Charge and Execution of the Testament and Last Will aforesaid in all the aforesaid Key and Wharf and other the premises with
the appurtenances entred and was thereof possessed and so being thereof possessed The same Alice before the time in which c. that is to say the 4th day of May in the yeer of the Reign of the late Queen Mary the First at London in the Parish and Ward aforesaid took to Husband one Thomas Wilcox by which the said Thomas and Alice in the right of the said Alice were of all that the aforesaid Key and Wharf and of other the premises with their appurtenances possessed And so thereof being possessed The said Thomas Wilcox and Alice before the time in which that is to say the 16th day of November in the yeers of the Reign of the Lord Philip and the Lady Mary late King and Queen of England the First and Second at London in the Parish and Ward aforesaid by their Writing sealed with their seals and here into Court brought whose Date is the same Day and Yeer Gave and Granted all their Right Title Interest and Term of Yeers which they the said Thomas and Alice then had to come of and in all that the aforesaid Key and Wharf and the rest of the premises aforesaid with their appurtenances by reason of the execution of the Testament of the aforesaid Bartholmew Gibbs aforesaid to one Iohn Haynes By virtue of which Gift and Grant The same John Haynes before the time in which c. into all that the aforesaid Key and Wharf and other the premises with the appurtenances entred and was thereof possessed so being thereof possessed the said I. Haynes before the time in which c. that is say the 21. Day of Decem. in the Yeer of our Lord 1559. at Lond. aforesaid in the Parish aforesaid made his Test Last Will in Writing by the same devised and bequeathed the premises to one Joice then his Wife and thereof made and constituted c. Joice then his Wife his Executrix and afterwards the same Day and Yeer there of all the aforesaid Key and Wharf and other the premises with the appurtenances dyed possessed After whose Death and before the time in which c. the aforesaid Joice taking upon her the Charge of Execution of the Testament and will of the aforesaid John Haynes into all the aforesaid Key and Wharf and other the premises with the appurtenances entred and was thereof possessed by virtue of Execution of the same Testament and Last Will of the aforesaid Iohn Haynes and so being thereof possessed the said Joice before the time in which c. that is to say the 6th day of October in the yeer of the Reign of the said Lady the Queen that now is the 31. at London in the Parish and Ward aforesaid took to Husband the aforesaid John Porter By which the said John Porter was and yet is thereof possessed By Colour of which the same John Porter in his own Right and the aforesaid Henry Cockain as Servant of the said Iohn and by his Commandment unto all the aforesaid Key and Wharf and other the premises with the appurtenances in the said Information specified the said time in which c. Entred and the Issues and Profits thereof by the whole time in the said Information specified took and had and do yet take and have as to them it was and is lawful Without that that the said Iohn Porter in and upon the possession of the said Lady the Queen of the aforesaid Key and Wharf with the appurtenances in the said Information mentioned or any part thereof intruded or either of them did intrude in manner and form as in the said Information above is supposed And without that that the aforesaid Key and Wharf and other the premises with the appurtenances in the said Information mentioned or any parcel thereof the said 26th Day of Ianuary in the Yeer 34th aforesaid in the same Information mentioned or ever before or after stood or were or was in the Hands and possession of the said Lady the Queen that now is in manner and form as in the said Information is before supposed And also without that that there is any Record Roul or Remembrance in the Court of the Exchequer here besides the Record of the Information aforesaid by which it may appear the aforesaid Key and Wharf and other the premises or any parcel thereof with the appurtenances to be or of Right to be in the hands and possession of the said Lady the Queen that now is All and singular which the said John Porter and Henry Cockain are ready to aver as the Court here c. Whereupon they pray Judgement and that they as to the premises from this Court be dismissed c. and each of them be dismissed And because the Court will avise of the Plea aforesaid until further c. Day is given here to the aforesaid John Porter and Henry Cockain in the same state as now it is until to 15. Dayes of Faster at which Day the aforesaid Iohn and Henry came here as before And the aforesaid Iohn Popham Esquire Attorny General of the Lady the Queen that now is and who followes for the said Lady the Queen present here in Court the same Day in his proper Person By Protestation not acknowleging any thing in the Plea of the said Iohn Porter and Henry Cockain by them before pleaded to be true in manner and form as the said Iohn Porter and Henry Cockain in the Plea of the said Iohn Porter and Henry Cockain by them above pleaded to be true in manner and form as the said Iohn Porter and Henry Cockain in their Plea aforesaid above have pleaded Yet for Replication The same Attorny of the said Lady the Queen that now is for the said Lady the Queen saith as he formerly said That the aforesaid Iohn Porter and Henry Cockain in and upon the possession of the said Lady the Queen that now is in the aforesaid Key and Wharf called the Old Woolkey and other the premises in the Information aforesaid specified entred intruded and made entry in manner and form as in the Information aforesaid above it is alleged And of this The Attorny of the said Lady the Queen for the said Lady the Queen prayeth that it may be inquired of the Country And the said Desendants say as before and pray likewise Therefore that inquiry be made thereof c. And it is commanded to the Sherifs of London that they do not omit c. And that they cause to be here from Easter in one Moneth the same Term 12. free and lawful men of our Balywick of the Neighbourhood of the Parish of All Saints Barking in the City of London aforesaid c. whereof each c. by whom c. and who neither c. And the same Day is given here to the said Iohn Porter and Henry Cockain at which day the said Iohn and Henry come here as before and the Sherifs that is to say William Rider and Benedict Burnham returned the Writ aforesaid together
advise of the said Court of Exchequer here c. And if upon the whole matter aforesaid by them the Jurors in form aforesaid â—ound It shall seem to the said Barons and Court here That the aforesaid Entry of the aforesaid John Porter and Henry into the Wharf and Tenements with the appurtenances be and ought to be adjudged an Intrusion upon the possession of the said Lady the Queen Then the said Jurors say upon their Oath That the aforesaid John Porter and Henry in and upon the possession of the said Lady the Queen that now is of the aforesaid Key and Wharf called the Old Woolkey and other the premises in the Information above alleged entred intruded and made ingresse in manner form as in the Information aforesaid above is alleged And if upon the whole matter aforesaid by them the Jurors in form aforesaid found It shall seem to the Barons and Court here That the aforesaid Entry of the aforesaid John Porter and Henry into the Wharf and Tenements aforesaid with the appurtenances be not nor ought to be adjudged an intrusion upon the possession of the said Lady the Queen of the aforesaid Wharf and Tenements aforesaid with the appurtenances Then the same Jurors say upon their Oath That the said John Porter and Henry in and upon the possession of the said Lady the Queen that now is of the aforesaid Key and Wharf called the Old Wolkey and other the premises in the said Information above alleged did not intrude and make Entry in manner and form as in the Information aforesaid above is alleged And because the Court here will avise of the premises before further c. Day is given here to the said John Porter and Henry Cockain in the same state that now is until 8. dayes of St. Michael before which day that is to say in the Morrow of St. Michael in the yeer of the Reign of the Lady the Queen that now is the processe aforesaid with all things touching the same by the Writ of the Lady the Queen of Common Adjournment under her great Seal of England bearing date at VVestminster the 23d Day of September in the Yeer of the Reign of the said Lady the Queen that now is the 34th aforesaid to the aforesaid Treasurer and Barons of the Exchequer directed which is inrouled elâ—ewhere in the Remembrances of this Exchequer of the aforesaid 34th yeer of the Queen that now is amongst the Records of this Exchequer of the Term of St. Michael Rott On the part of this Remembrancer until a Moneth of St. Michael then next following At which Day the said Processe aforesaid with all things touching the same by another like Writ of Common Adjournment bearing Date at Hampton Court the 25th Day of October in the 34th yeer aforesaid and amongst the Records of the said Term of St. Michael in the Roul aforesaid with the part of the Remembrancer aforesaid likewise Inrouled are further adjourned until the Morrow of All Souls at Westminster aforesaid unto the Castle of the Lady the Queen of Hartford in the County of Hartford And the same Day is given here to the aforesaid John Porter and Henry Cockain At which Day the said John and Henry come here as before And the Verdict aforesaid being seen and the other premises by the Barons here and the mature deliberation thereof amongst them being had Because upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It seemes to the Barons here That the entry of the aforesaid John Porter and Henry Cockain in the Wharf and Tenements aforesaid with the appurtenances is an Intruâ—â—on upon the possession of the said Lady the Queen of the Wharf and Tenements aforesaid Therefore it is granted by the same Barons That the aforesaid John Porter and Henry Cockain of the aforesaid Entry Intrusion and Ingress in and upon the possession of the said Lady the Queen of the aforesaid Key and Wharf and other the premises be convicted and either of them be convicted And that the aforesaid Wharf and Tenements with the appurtenances into the Hands of the said Lady the Queen that now is be taken c. And that the said John Porter and H. Cockain be Attached by their Bodies wheresoever c. to make a Fine for the contempt aforesaid c. And further to do what to the Court c. And it is commanded to the Sheriffs of London that they attach them in form aforesaid so that c. in 8. Day of St. Hillary Before which Day that is to say The 28th Day of November in the yeer 35th of the Queen that now is the Process aforesaid together with all things touching the premises were further adjourned by another Writ of Common Adjournment under the great Seal of England to the Treasurer and Barons of this Exchequer directed which is inâ—ouled elsewhere in the Remembrances of this Exchequer of the 34th yeer of the Queen that now is ended and the 35th began with the said Remembrancer from the aforesaid Castle of Hartford unto Westminster aforesaid At which Day the said John Porter and Henry Cockain at Westminster aforesaid come here as before And the Sheriffs did not return the Writ Yet the aforesaid John Porter and Henry Cockain at the same time come here as before And for the premises submitted themselves to the favour of the Court And that they might not be further in the premises troubled prayed with the favour of the Court to be admitted to make a reasonable Fine with the Lady the Queen in the premises which by the Court here is granted to them And upon this by colour of a Writ of the said Lady the Queen of her privy Seal To the Treasurer Chancellor and Barons and other Officers of this Court of Exchequer of the second yeer of this Queen that is to say amongst the Writs directed to the Barons and in the Term of Easter in this Exchequer inrouled remaining with the Remembrancer of the Queen of Persons to be admitted by the aforesaid Treasurer Chancellor Barons and other Officers of this Exchequer according to their discretions they are admitted to make such Fine c. according to the Tenor of the aforesaid Writ and made a Fine in the premises as is contained in these Remembrances that is to say amongst the Fines of this Term one the part remaining of the Remembrancer of the Queen By Colour of which Fine It is granted to the Barons here That against the aforesaid John Porter and Henry Cockain for the Contempt aforesaid there he not here further Execution made c. Information Trinity Term Anno 37º Eliz. Rot. 199. in the Exchequer The Case of Alton Woods Co. 1. parâ— fo 26. MEmorandum that it is found in the Remembrances of this Exchequer in the 37th year of Queen Elizabeth that is â—o say amongst the Records of this Term of Holy Trinity with the part of the Queens Remembrancer in these words That is to say Worcester ss
Memorandum That Edward Coke Esquire The Attorny General of the Lady the Queen that now is who prosecutes for the said Lady the Queen present here in Court the 20th Day of June this Term in his own person for the said Lady the Queen gave the Court here to understand and be informed That whereas a Wood with the appurtenances called Alcon otherwise Aluington Wood containing by estimation 3000. Acres of Wood in Alton otherwise Aluington and Rock in the aforesaid County of Worcester in the Hands and possession of the said Lady the Queen that now is the first Day of October in the first yeer of her Reign and long before and continually after were and stood and of Right ought to be and yet ought as in the Right of her â—rown of England as in very many Records Roules and Remembrances of this Exchequer it is evident and appeareth upon Record Yet one Ann Countess of Warwick Humphry Hill Richard Bushopp and Edward Bushopp little regarding the Lawes and Statutes of the said Lady the Queen that now is but intending the Disenherism of the Lady the Queen in the premises with Force and Armes c. the first Day of October in the yeer of the Reign of the said Lady the Queen that now is the 27th and diverse Dayes and turns between the same first Day of October in the 27th yeer and the Day of Exhibiting of this Information in and upon the possession of the said Lady the Queen of the premises Entred Intruded and made Entry and the Issues and Profits thereof coming perceived to their own uses and had and as yet do perceive and have the same Trespass continuing and as yet continuing in contempt of the said Lady the Queen that now is and against her Lawes Whereupon the aforesaid Attorny of the said Lady the Queen for the said Lady the Queen prayes the Advise of the Courâ— in the premises And the aforesaid Ann Countess of Warwick Humphry Hâ—ll Richard Bishopp and Edward Bishopp come here to answer the said Lady the Queen of and in the premises as it is contained there And now that is to say From the day of Holy Trinity in three Weekes this Term came here the aforesaid Richard Bishopp by Arthur Salwaie his Attorny to this by special favour of the Court admitted and prayeth the hearing of the Information aforesaid and it is read unto him c. Which being read and heard and by him the said Richard fully understood The said Richard complaineth by colour of the premises in the Information aforesaid above specified to be troubled and unquietted and that not justly Because By Protestation that the Information aforesaid and matter in the same contained is not sufficient in Law and to which the said Richard is not necessitated nor by the Law of the Land bound to answer in any manner By Protestation also That the Wood aforesaid in the Information aforesaid above mentioned doth not contain nor the aforesaid time of the Trespass and Intrusion aforesaid above supposed to be done did contain in it 3000. Acres in manner and form as by the Information aforesaid above is supposeed Yet for Plea The said Richard as to the Force and Armes or whatsoever is against the Peace of the said Lady the Queen that now is As also the whole Trespass Contempt and Intrusion in the Information aforesaid above specâ—fied supposed to be done besides the Entry and Ingresse into the Wood aforesaid called Alton Wood otherwise Alvington Wood the 21th Day of February in the Yeer of the Reign of the Lady the Queen that now is the 32th and from the same Day until the Day of Exhibiting of the Information aforesaid and besides the perceiving the Issues and Profits thereof by that time comming above supposed The said Richard saith that he in nothing thereof is guilty in manner and form as by the Information aforesaid above is supposed and upon this puts himself upon the Country And the aforesaid Attorny General of the said Lady the Queen that now is who for the said Lady the Queen in this behalf prosecutes likewise c. Therefore an Inquisition be made thereof c. And as to the Entry and Ingress into the Wood aforesaid the aforesaid 21th Day of February in the 32th Yeer aforesaid and from that Day until the Day of Exhibiting of the Information aforesaid as also to the taking of the Issues and Profits thereof by the time thereof comming above supposed to be done the said Richard saith That the said Lady the Queen that now is him the said Richard ought not any wayes to impeach or trouble because he saith That long before the aforesaid time in which it is supposed the Entry Intrusion and Ingress aforesaid to be done One Ann Countess of Warwick Widow sometimes Wife of Richard sometimes Earl of Warwick was seized of the Mannor of Abbotesley otherwise Abberley otherwise Abbedeley with the appurtenances in the aforesaid County of Worcester whereof the aforesaid Wood in which c. then and until the time of the grant here after specified made to Robert Earl of Leicester the third Day of July in the 30th Yeer of Queen Elizabeth here after mentioned whereof the Memory of Man then was not to the contrary was parcel in her Demesn as of Fee and so thereof being seized a Fine was levied in the Court of the Lord Henry late King of England the 7th at Westminst in the County â—f Middlesex from the Day of St. Hillary in 15. Dayes in the 3d Year of his Reign before Thomas Brian Roger Townsend and Iohn Haugh Justices and other the said late Kings Faithful Subjects then there present Betwâ—en him the Lord the King plantiff and the aforesaid Ann sometimes Countess sometimes Wife of the aforesaid Richard Earl of Warwick by the Name of Ann Countess of Warwick deforceant of the Mannor aforesaid with the appurtenances whereof c. amongst other c. whereof a Plea of Covenant was sued between them in the same Court that is to say That the said Countess granted to the said Lord the King the Mannor aforesaid with the appurtenances whereof c. And the same rendred back to him in the same Court To have and to hold to the said Lord the King and the Heirs Males of his Body begotten and if it shall happen That the said Lord the King should die without Heir Male of his Body begotten then after the decease of the said Lord the King the aforesaid Mannor with the appurtenances whereof c. should wholly Revert to the same Countess and her Heirs quieted from the other Heirs of the aforesaid Lord the King as by the Record of the aforesaid Fine in the Court of the said Lady the Queen that now is of the Bench at Westminster aforesaid remaining more fully appeareth By virtue of which Fine the aforesaid late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as Fee tail that
said Indenture The said Earl of Warwick his Heirs and Assigns and every of them should stand and be seised of and in the Wood aforesaid with the appurtenances amongst other things by the names of Alton Woods otherwise Alvington Woods with the appurtenances siâ—uâ—te and being within the Parish of Rock or elsewhere within the several Counties of Worcester and Salop or any or either of them to the uses 〈…〉 nts and purposes afterwards in the said Indenture expressed and declared that is to say To the use of him the said Ambrose Earl of Warwick for the Term of his life without impeachment of any wast and after the decease of him the said Earl of Warwick to the use of the aforesaid Ann Countess of Warwick in the Information aforesaid named by the name of the Lady Ann Countess of Warwick wife of him the said Earl of Warwick and the right Heirs of the said Ann for ever By colour of which Covenant and Grant aforesaid and by force of a certain Act of transferring of uses into possessions in the Parliament of the aforesaid Lord Henry late King of England the 8th Father of the said Lady the Queen that now is at Westminster aforesaid the 4th day of February in the year of his Reign the 27th holden made and provided The aforesaid Ambrose Earl of Warwick was seised of the Wood aforesaid with the appurtenances amongst other things in his demesn as of Freehold during his life without impeachment of waste the remainder thereof after the decease of him the said Earl of Warwick to the aforesaid Ann late Countess of Warwick and her Heirs expectant And the said Ambrose Earl of Warwick so thereof being seised the remainder thereof in form aforesaâ—d expectant The said Eaâ—l afterwards that is to say the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th aforesaid at Abbottesley aforesaid dyed after whose death the said Ann now Countess of Warwick into the Wood aforesaid with the appurtenances entred and was and yet is thereof seised in her demesn as of Fee by colour and force of the premises By which the said Richard Bushopp as servant unto the aforesaid Ann now Countess of Warwick and by her Command the aforesaid 21th day of February in the year of the Reign of the said Lady the Queen that now is the 32th aforesaid and the dayes and times aforesaid betwixt the same 21th day of February in the year 32th aforesaid and the day of the exhibiting of the Information aforesaid into the Wood aforesaid with the appurtenances entred and the Issues and Profits thereof by that time arising to the use of the said Ann now Countess of Warwick took and had and doth yet take and have as it was and is lawful for him to do And the aforesaid Richard further saith That the aforesaid William Walshe yet over-liveth and is in full life that is to say at Abbottesly aforesaid without that that the Wood aforesaid with the appurtenances or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is is or before this was or of Right ought to be in manner and form as in by the Information aforesaid it is supposed And without that that the said Richard Bushopp in or upon the possession of the said Lady the Queen that now is of the Wood aforesaid with the appurtenances or any part thereof Entred Intruded or made Ingresse in manner and form as by the Information aforesaid it is supposed and without that that there is any Record Roll or Remembrance besides the Record of the Information aforesaid by which it may appear that the Wood aforesaid with the appurtenances in the Information above specified or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is or standeth or of Right ought to be or stand in manner and form as in the Information aforesaid above is supposed All and singular which the said Richard Bushopp is ready to aver as unto the Court c. Whereupon he prayeth Judgement and that he as to the premises from this Court be dismissed And because the Court here â—â— avise of the Plea aforesaid before that further c. Day is given unto the â—fores Rich. Bushopp in state as now until 8. dayes of St. Michael At which day the said Richard Bushopp came here as before And the said Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court in his proper person for his said Lady the Queen by Protestation not acknowledging any thing in the Plea aforesaid of the said Richard Bushopp by him above pleaded to be true in manner and form as the said Richard in his Plea aforesaid above hath pleaded Yet for Reply the said Attorny of the said Lady the Queen for the same Lady the Queen saith That the Plea of the Richard Bushopp as to the Entry Intrusion and ingresse aforesaid in the aforesaid Wood by him the said Richard in the Information aforesaid to be done supposed is not sufficient in Law to discharge the said Richard of the said Entry Intrusion and ingresse whereupon for default of sufficient Answer in this behalf The said Attorny of the Lady the Queen for the said Lady the Queen prayeth Judgement And that the aforesaid Richard of the same Entry Intrusion and Ingresse by the aforesaid Richard thereof supposed to be done be convicted And the said Richard saith That he sufficient matter in Law to barr the said Lady the Queen that now is from the possession of the aforesaid Wood in the said Information specified and of every parcel thereof above in barr and exclusion of the Information hath alleged which he is ready to averr as unto the Court c. Which matter aforesaid The Attorny of the Lady the Queen for the same Queen doth not deny nor to the same any wayes for the said Lady the Queen Answereth but the Averment aforesaid to admit altogether doth refuse Wherefore as before the said Richard demandeth Judgement and that he as to the Premises from this Court be dismissed c. And because the Barons here will avise themselves of upon the Premises whereof the aforesaid Richard hath above put himself in Judgement of the Court before that they give Juâ—gement thereof Further day is given to the aforesaid Richard Bushopp here until in 8. dayes of St. Hillary to hear their Judgement thereof because the said Barons thereof not yet c. And as to the Tryal of the Issue aforesaid by the Country to be tryed above joyned It is commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to be here at the said 8. dayes of St. Michael 12. good and lawful Men of the Neighbourhood of Alton otherwise Alvington and Rock in the said County whereof each c
by whom c. and who neither c. And the same day is given here to the same Richard Bushopp here c. At which day cometh the said Richard Bushopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It was commanded to the Sherifs of the aforesaid County of Worcester that he do not omit c. And that he cause to be here from the day of Easter in 15. dayes 12 c. To Recognize in form aforesaid c. And the same day is given thereof here to the aforesaid Richard Bishopp And because the Barons here will further avise with themselves of and upon the Premises whereof the aforesaid Richard Bishopp above puts himself in Judgement of the Court day thereof is further given to the aforesaid Richard Bushopp here until from easter-Easter-day in 15. dayes to hear thereof their Judgement because the said Barons thereof are not yet c. At which day cometh the said Richard Bishopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It is Commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8. dayes of Holy Trinity 12 c. to know in form aforesaid and the same day is given thereof here tothe aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the said Richard Bushop above put himself in the Judgement of the Court farther day is given to the aforesaid Richard Bushop here to hear their Judgement thereof because the same Barons thereof are not yet c. At which day here cometh the aforesaid Richard Bushop by his Attorny aforesaid and as to the aforesaid writ of Venire facias the Sherif did nothing thereof nor sent that writ therefore as to the tryal of the Issue aforesaid as before it was commanded to the Sheriff of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8 dayes of Saint Michael 12 c. to recognize in form aforesaid c. And the same day thereof is given here to the aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the aforesaid Richard Bushopp above put himself in the Judgement of the Courâ— farther day is given to the aforesaid Richard Bushop until the aforesaid 8 dayes â—f Saint Michael to hear thereof their Judgement because the same Barons thereof are not yet c. At which day cometh the said Richard Bushop by his Attorny aforesaid and as to that writ of Venire facias the Sheriff did nothing nor sent that writ Therefore to try the issue aforesaid as at first it was commanded to the aforesaid Sheriff of the County of VVorcester that he do not omit c. and that he cause to come here from the day of Saint Hillary in 14 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp and because the said Richard Bushop above put himself on the Judgemtut of the Court farther day is given to the aforesaid Richard Bushopp here until from the said day of Saint Hillary in 15 dayes to hear their judgement thereof because the Barons here thereof are not as yet c. At which day cometh the said Richard Bushopp by his Attorny aforesaid and the Barons here the premises being seen whereof the aforesaid Richard Bushopp put himself upon in the Judgement of the Court and mature deliberation thereof amongst them being had Because it seemeth to the Barons that the plea aforesaid of the said Richard Bushopp thereof by him in manner and form above pleaded is sufficient in Law to discharge the said Richard Bushop of the Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the said Information specified the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February until the aforesaid day of exhibiting of the said Information that is to say the 27th day of June in the yeer of the Reign of the said Lady the Queen the 37th and of the taking of the Issues and Profits thereof for that time arising It is granted by the Barons that the aforesaid Richard Bushopp as to the aforesaid Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the Information specified the aforesaid 21th day of February in the yeer of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February untill the aforesaid day of the exhibiting of the said Information that is to say the 20th day of June in the yeer of the Reign of the said Lady Queen the 37th and as to the taking of the Issues and Profits thereof for that time arising go thereof at present without day saving alwayes the right of the Queen if at another time c. And as to the tryal of the Issue aforesaid above joyned by the Country to be tryed it is commanded to the Sheriff of the aforesaid County of Worcester as at first that he do not omit c. And that he cause to come here from the day of Easter in 15 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp At which day the said Richard Bushopp come hereas at first the afores Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court at the same day in his proper person and by the Barons being spoken to and asked If he against the said Richard Bushopp for the tryal of the aforesaid Issue above by the Country would farther prosecute said that No upon which the premises being seen by the Barons here and mature deliberation being had amongst them thereof it is granted by the said Barons that the aforesaid Richard Bushopp as to the tryal of the said Issue go without day at present saving alwaies to the Queen her Action If at another time c. And afterwards that is to say the 11th day of April in the yeer of the said Lady Queen that now is the 39th the said Lady the Queen sent here her writ under the great Seal of England to the Tresurer and Barons of this Court of Exchequer directed the Tenor of which followeth in these words ss Elizabeth by the grace of God of England Scotland France and Ireland Queen defender of the Faith c. To the Tresurer and Barons
unto him Which being read and heard The said Richard saith That in the Record and Processe aforesaid and in the giving of the Judgement aforesaid it is in nothing erred and prayeth That the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer do proceed aswell to the Examination of the Record and Processe as to the aforesaid matters for Errors alleged according to the form of the Statute aforesaid And the aforesaid Attorny of the said Lady the Queen saith as above and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurey will avise themselves of and upon the premises before they give their Judgement thereof day is given here to the abovesaid Richard Bushop in the Chamber aforesaid until the next day after Tuesday falling the 3d. day of May to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer into the Chamber aforesaid the said Richard Bushop comes by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the first Tuesday following the Term of the Holy Trinity to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the Term of Michael next comming to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid did not come But John Popham Knight and Edward Anderson Knight Chief Justices of each Bench come at the same day and then are there present according to the form of the Statute in such case made And the aforesaid Richard Bushop in the Chamber aforesaid comes by his Attorny aforesaid before the said Justices And the aforesaid Business and Sute of Errors by the said Justices is adjorned and continued by virtue of the said Statute until Tuesday next And the same day is given to the aforesaid Richard Bushop to hear their Judgement thereon c. At which day before the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp in the Chamber aforesaid until Tuesday falling the 8th of November following to hear their Judgement thereof c. At which day before the aforesaid Lord Treasurer and the aforesaid Chief Justices present in the Chamber aforesaid comes the aforesaid Richard Bushopp by his Attorny aforesaid and because for the absence for the aforesaid Lord Keeper of the Great Seal in the aforesaid Businesse and Sute of Error it cannot be proceeded the same cause is continued and adjorned by them the Lord Treasurer and Chief Justices by virtue of the Act aforesaid made until Tuesday falling the 22th day of November then next following in the Chamber aforesaid And the same day is given to the aforesaid Richard Bushop in the same Chamber to hear his Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Justices in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid the aforesaid Lord Treasurer there then not comming the Business and Sute of Errors aforesaid is continued and adjorned by them the Lord Keeper of the Great Seal and the Chief Justices by virtue of the aforesaid Act thereof made until the second Tuesday in the Term of St. Hillary then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof At which day the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer came not in the Chamber aforesaid but the aforesaid Chief Justices of each Bench came into the same Chamber and are there present And the aforesaid Richard Bushop at the same day in the Chamber aforesaid before the said Justices likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of Easter next following And the same day is given to the aforesaid Richard Bushopp in the Chamber aforesaid to hear their Judgement c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Chief Justices comes here the aforesaid Richard Bushop in the Chamber aforesaid by his Attorny aforesaid and the said Lord Treasurer then and there not comming the aforesaid Business and Sute of Errors is continued and adjorned by the Statute aforesaid thereof made further until the last Tuesday of the aforesaid Term of Easter in the Chamber aforesaid and the same day is given to the aforesaid Richard Bushop in the Chamber aforesa to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer aforesaid come not But the aforesaid Chief Justices come into the same Chamber and are there present And the aforesaid Richard Bushop likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors by them is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of the Holy Trinity then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer then and there come not the aforesaid Business and Sute of Erors is continued and adjorned according to the form of the Statute thereof made further until Tuesday the 4th day of July in the same Term of the Holy Trinity the same day is given to the aforesaid Ric. Bushop in the Chamber aforesaid to hear his Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Ric Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal Lord Treasurer come not therfore the aforesaid Business Sute of Errors is
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
done in his behalf command you that if Judgement be thereof given then the Record and Process aforesaid with all things touching the same before our beloved and faitfull Councellor Thomas Egerton Knight Keeper of our Great Seal of England and you you the aforesaid Tresurer in the Chamber of Councel nigh the Exchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 15th day of February next comming cause to come that the same Keeper of our Great Seal and you the aforesaid Tresurer the Record aforesaid seeing and the process aforesaid and hearing your Informations you the aforesaid Barons cause to be done what of right according to the form of the statute aforesaid was to be done Witnesse my self at Westminster the 29th day of January in the yeer of the Reign the 42th Symons And at the aforesaid 5th day of February in the aforesaid Writ mentioned The aforesaid Thomas Egerton Knight Keeper of the Great Seal of England and Thomas Lord Buckhurst Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber nigh the Exchequer aforesaid called the Council Chamber And at the same day and place come before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer the aforesaid Attorny of the Lady the Queen and for the said Lady the Queen saith That in the Record and processe and also in the giving of the Judgement aforesaid It is diversly erred in manner and form as by the aforesaid Articles of Errors by him first alleged and assigned above it is alleged And for the said Lady the Queen prayeth another Writ of the Lady the Queen to warn the aforesaid Richard Bushopp to be before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer at a certain day to hear the Record and Processe aforesaid and also the Errors aforesaid c. and it is granted unto him And it is commanded to the Sherif of the County of Worcester That by good and lawful men of his Balywick he warn the said Richard Bushopp that he be before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid at Westminster the first Tuesday in the Term of Easter next following to hear the Record and Processe aforesaid as also the Errors aforesaid above alleged and further c. What to the Court c. At which day before the aforesaid Lord Keeper and Lord Tresurer in the Chamber aforesaid the Sherif of the County of Worcester aforesaid that is to say William Childe Esquire Retorned the Writ aforesaid endorced thus ss By virtue of this Writ to me directed I gave warning to the aforesaid Richard Bushopp by John Jolley John Harris Thomas Penington and John Wemb good and lawful men of my Balywick to be before the said Keeper of the Great Seal at the day and place within contained as within to me is commanded And upon this the aforesaid Richard Bushop by Arthur Salway his Attorny at the same day in the Chamber aforesaid likewise cometh and demands the hearing of the Record and Processe as also of the Errors aforesaid and they are read unto him c. Which being read and heard the said Richard saith That in the Record and processe aforesaid in nothing it is erred And prayeth That the aforesaid Lord proceed to the Examination aswel of the Record and Processe aforesaid as of the businesse aforesaid for Errors by the said Attorny of the said Lady the Queen above alleged according to the form of the aforesaid Statute thereof made And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen saith as before he had said and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the aforesaid Richard Bushop in the Chamber aforesaid until Tuesday next to hear their Judgement thereof c. At which day before the said Lord Keeper and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper and Lord Tresurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday to hear their Judgment thereof c. At which day before the Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at VVestminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgment of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until the first Tuesday in the Term of Holy Trinity then next comming to hear Judgement thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid because the aforesaid Lord Keeper of the Great Seal Lord Tresurer are not yet avised of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the great Seal and Lord Tresurer in the Chamber aforesaid untill Tuesday the third day of June the same Term of Holy Trinity to hear Judgment thereof At which day before the aforesaid Lord Keeper of the Gâ—eat Seal and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgement of and upon the Premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday the 10th day of June next the same Term of the Holy Trinity to hear their their Judgment thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh Rchard Bushopp by his Attorny aforesaid And upon this the premises being seen by the aforesaid Lord Keeper of the Great Seal of England and the aforesaid Tresurer and mature deliberation thereof amongst them being had and taking to them the aforesaid John Popham Knight Chief Justice of the said Lady the Queen for Pleas before the Queen her self to be holden assigned and Edmond Anderson Knight Chief Justice of the said Lady the Queen of the Bench as also of Francis Gawdy one of the Justices to Pleas before the aforesaid Lady the Queen to be
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
Tenements aforesaid with the appurtenances as the aforesaid Christopher Digges the Son and the said Edward Digges in their Declaration above have alleged For Plea say That the aforesaid Christopher Digges the Father in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances in his Demesn of Fee and so thereof being seized the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th at Owtelmeston aforesaid by a certain Indenture between him the said Christopher of the onâ— part And Henry Crispe of Tennet in the aforesaid County of Kent Knight John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood Gent. of the other part made and with the Seal of the said Christopher the Father sealed bearing date the same day and yeer Aswel in the consideration of a Mariage between the said Christopher the Father and Martha Sister of the aforesaid John and Richard Brook before that time had and solemnized as in the consideration of the sum of 200. pounds of good and lawful Mony of England before the solemnization of the Mariage aforesaid to the said Christopher the Father paid and also for the preferring and sure advancing of the aforesaid Thomas Digges then Son and Heir aparent of the said Thomas begotten As also for diverse other good causes and considerations the said Christopher the Father moving Covenanted Granted and Agreed to and with the aforesaid Henry Crisp John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood their Executors and Administrators in form following That aswell the said Christopher Digges the Father and his Heirs and every other person and persons their Heirs who then stood or were seized or that at any time then after should stand or should be seized of and in all and singular the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Christopher Digges the Father whatsoever with the Appurtenances situate lying and being in the aforesaid County of KENT from thence forward should stand and be seized of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of KENT with all and singular their Appurtenances to the onely uses and intents afterwards in the said Indentures mentioned and expressed and to no other use intent or purpose That is to say To the use of the said Christopher Digges the Father for the Term of his life And after the decease of the said Christopher the Father to the use of the said Thomas Son of the said Christopher the Father and the Heirs Males of the Body of the said Thomos lawfully begotten or to be begotten and for default of such issue to the use of the Heirs Males of the Body of the said Christopher the Father upon the Body of the said Martha lawfully to be begotten as by the said Indenture amongst other things it more fully appeareth By virtue whereof and by force of a certain Statute of tranferring of uses into possession in the Parliament of the late King HENRâ— the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The said Christopher Digges the Father was seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as of Free-hold for the Term of his life the Remainder thereof to the aforesaid Thomas in form aforesaid expectant And the said Christopher the Father being thereof so seized the Remainder thereof in form aforesaid expecting The said Christopher the Father at Owtelmeston aforesaid dyed of such his Estate thereof seized After whose Death The said Thomas Digges the Son into the Mannors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail that is to say to him and the Heirs Males of his Body begotten by virtue of the Indenture aforesaid and by force of the Statute aforesaid And so being seized of all and singular the Mannors and Tenements aforesaid The aforesaid 10th day of April in the yeer of the Reignof the said Lady the Queen that now is the 32th At Owtelmeston aforesaid of such his Estate dyed seized Thomas Posthumus Digges being Son and Heir of his Body within Age and in the Ward of the said Lady the Queen as by the said Inquisition it is found without that that the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as Fee as the aforesaid Christopher the Son and Edward in the Monstrans de droit aforesaid above have alleged And this they are ready to aver Whereupthey demand Judgment If the Hands of the said Lady the Queen from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the Mannor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Mannors Lands and Tenements whereof it is supposed that the said Christopher the Father dyed seized in 4. parts to be divided or of any part thereof ought to be amoved Or the aforesaid Christopher Digges the Son and Edward to the aforesaid purparts of the premises in the mean time aforesaid received ought to be restored And the aforesaid Christopher the Son and Edward as at first say That the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid in his Demesn as of Fee as in their Monstrans de droit aforesaid above they have alleged And this they are ready to aver And pray that it be inquired of by the Country And the aforesaid Thomas Palmer and Margaret likewise c. And therefore day is given to the parties aforesaid before the said Lady the Queen in 8. dayes of Saint Hillary wheresoever it should be to do and receive what shall be just in the premises And that it is commanded to the Sherif of KENT that he cause to come before the said Lady the Queen at that day 12. good and lawful men of the Neighbourhood of Barham Lenham Frensted Harrisham Sturrey Hackington and the Parish of Saint Stephens and of the Mannor of Netherhard in his Balywick whereof every one have 4. l. per Annum in Lands Tenements or Rents at the least by whom the truth of the matter might best be known And who neither c. To Recognize c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and Edward Digges by Thomas Westbie the Elder their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif of KENT retorned the names of the Jurors c. Whose names c. Whereof none c. Therefore it is commanded to the said Sherif of KENT that he have their Bodies afore the Lady the Queen in 8. dayes of the
aforesaid are utterly Ignorant And thereof pray the Advise of the Justices aforesaid and of the Court here c. And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the same Justices and Court here c. That the aforesaid Christopher Digges the Father dyed seised of the Manors Tenements in the Monstrans de droit within written specified in his demesn as of Fee or of any part thereof with the Appurtenances Then the Jurors say upon their Oath aforesaid That the aforesaid Christopher Digges the Father dyed seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit specified or of so much thereof as to the same Justices shall â—eem the same Christopher so dyed seised in his demesn as of Fee as the aforesaid Christopher Digges the Son the aforesaid Edward Digges within pleading have alleged And if upon the whole mâ—ttâ—r aforesaid by the Jurors aforesaid in form aforesaid sound It shall seem to the same Justices and Court here c. That the aforesaid Chrâ—stopher Digges the Father dyed not seised of the Manors and Tenements with tâ—e appurtenances in the Monstrans de droit within written specified or of any parcel thereof in his demesn as of Fee Then the said Juror say upon ther Oath aforesaid That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit within written specified or of so much thereof as to the said Justices aforesaid shall seem the same Christopher so not to dye seised of â—n his demesn as of Fee in his demesn as of Fee as the said Thomas Palmer and Margaret within pleading have alleged And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises are not yet avisâ—d day thereof is further given to the parties aforesaid in state is now before the Lady the Queen untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen here of giving their Jugement of and upon the premises are not yet avised further day is given to the parties aforesaid in sute as now before the Lady the Queen untill in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court or the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come aâ—well the aforesaid Christopher Digges the Son and the said Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons and because the Court of the said Lady the Queen here oâ— giving their Judgement of and upon the premises are not yet avised day thereof is given to the parties aforesaâ—d before the Lady the Queen untill in 8. dayes of Saint Hillary wheresoever e. for to hear their Judgâ—ment thereof c. because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the said Thomas and Margaret in their proper persons and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen untill from Easter day in 15. dayes wheresoever to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement hereof because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons Upon which seen and by the Court of the Lady the Queen here all singular the premises here fully understood and mature deliberation thereof being had Because it seems to the Court of the Lady the Queen that now is here That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit aforesaid above specified or of any parcel thereof in his demesn as of Fee It is granted that the aforesaid Christopher Digges the Son and Edward Digges take nothing by their Writ aforesaid but for their false clamor thereof be in mercy c. And the aforesaid Thomas Palmer and Margaret go thereof without day c. Prohibition and Attachment upon Prohibition Easter Term Anno 38. Eliz. Rott 628. in the Kings Bench Co. 2. part The Bishop of Winchesters Case MEmorandum that at another time that is to say Michael Term last past before the Lady the Queen at Westminster come Robert Wright by Thomas VVebb the younger and brought here in the Court of the said Lady the Queen then and there his Bill against John VVright Executor of the Testament and last Will of Nicholas VVright late whilest he lived Farmer as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocesse of VVinchester in the Province of Canterbury in the Custody of the Marshalsea c. in a Plea of Trespass and Contempt against those who prosecuted in the Spiritual Court against the Queens Prohibition to the contrary thereof directed and delivered And are Pledges of sute John Doo Richard Roo which Bill followeth in these words ss South That is to say Robert Wright who as well for the Lady the Queen as for himself prosecuteth complaineth of John Wright Executor of the Testament and last Will of Nicholas â—â—ight deceased late whil'st he lived as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocess of Winchester in the Province of Canterbury in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being why he sueth
in the Spiritual Court after the Queens Prohibition to the contrary thereof directed and delivered for that that is to say whereas all and singular Pleas and Conusans of Pleas of whatsoever grants demyses or conttacts arising within this Kingdom of England made and had and the validity of such grants and demyses in Law and other such Pleas and Conusance of Pleas so as they be not Testamentary or Matrimonial to the said Lady the Queen that now is and her Royal Crown do especially appertain and by the Laws of the Land of this Kingdom of England and not by the Laws or Sentences Ecclesiastical ought to be tryed determined and discussed and ever heretofore accustomed and ought to be And whereas Stephen by Divine Providence late Bishop of Winchester the 4th day of July in the yeer of the Reign of the Lord Henry late King of England the 8th the 38th was seized in his demesn as of Fee in the Right of his Bishoprick of and in the Manor of Eastmeon in the County aforesaid whereof one capital Messuage called the Scite of the Manor of Eastmeon 800. Acres of Lands 50. Acâ—es of Meadow 1000. Acres of Pasture and 400. Acres of Wood with the Appurtenances in Eastmeon in the County aforesaid being demesn Lands of the Manor aforesaid then and time whereof the memory of man is not to the contrary was and yet are parcel and also of and in one Messuage with the Appurtenances being in Eastmeon aforesaid being to the Mansion house of the same Manor And whereas the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid for the time being seized of the Manor aforesaid and other the premises with their Appurtenances The Scite of the Manor aforesaid and the capital messuage aforesaid and the demesn Lands aforesaid with the Appurtenances by himself his Farmers and Tenants thereof and every parcel thereof for Term of yeers or at Wiil held and were injoyed exonerated acquitted freed discharged and privileged of and from the payment of Tithes whatsoever of in or upon the capital messuage aforesaid and the demesns aforesaid with the Appurtenances and of every and any parcel thereof yeerly what way soever for the whole time aforesaid growing happening renewing or arising And the aforesaid Stephen late Bishop aforesaid of the capital Messuage aforesaid and the demesn Lands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and discharged and privileged of and from the payment of Tithes whatsoever of in and upon the capital Messuage aforesaid and other the premises with the Appurtenances or any parcel thereof growing renewing or any wise happening The said Stephen the 4th day of July in the yeer of the Reign of the said late King Henry the 8th the 38th at Eastmeon in the County aforesaid By his Indenture with his Seal Episcopal sealed and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer demised to one Robert Wright Grandfather of the said Robert that now is plantif The Moyety of the demesn Lands aforesaid with the Appurtenances By the name of all the Demesn Lands oâ— the Mannor of Eastmeon aforesaid anciently belonging with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old time situate lying and being with the Appurtenances which Moyety then lay in the fields on the South side of the Town of Fastmeon aforesaid Together with the Meadowes Feedings and Pastures Enclosures Wayes Pathes and other their Appurtenances together with the Farm of 40. Muttons called Weathers the highest price 16. pence 40. Ew Sheep the highest price 16. pence To have and occupy the said Moyety of the TenemeÌ„ts aforesaid with the AppurtenaÌ„ces in form aforesaid demised To the aforesaid Ro. Wright the GraÌ„dfather his Assignes from the Feast of St. Michael the Archangel in the yeer of our Lord God 1575. until the end and Term of 40. yeers then next following and fully to be compleat and Ended Yielding therefore yeerly during the Term aforesaid to the aforesaid Stephen late Bishop aforesaid or his Successors at his Exchequer of Woluesloy in Winchester in the County of Southampton then being 10. pound and 10. shillings of lawful mony of England at the Feasts of Easter and St. Michael by even and equal portions to be paid and for the farm of the aforesaid 40. Weathers and 40. Ew Sheep 11. pound 13. shillings and 4. pence to be paid at the Feast of St. Martin the Bishop Ad vincula for the chief Weathers 3. pence and for the chief Ews 4. pence as by the same Indenture amongst other things it more fully appeareth Which Indenture of demise to the aforesaid Robert Wright the Grandfather in form aforesaid made and all and singular therein contained Afterwards that is to say the 20th day of July in the 38th yeer abovesaid William Kingsmill then Dean of the Cathedral Church of the Holy Trinity of Winchester aforesaid and the Chapter of the same place at Winchester aforesaid that is to say in their Chapter-house there by their Writing of Confirmation with the Seal of the Chapter sealed in the life time of the aforesaid Stephen then being Bishop of Winchester aforesaid and in the life time of the said Robert Wright the Grandfather now deceased ratified and confirmed as by the Writing of Confirmation thereof bearing date the day and yeer last aforesaid amongst other things it appeareth By virtue of which demise and Confirmation The same Robert Wright the Grandfather was of the Interest of the Term aforesaid in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed and the aforesaid Robert Wright the Grandfather of the Interest of the Term aforesaid in the Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised being possessed The said Robert Wright the Grandfather the 14th day of August in the yeer 1558. at Eastmeon aforesaid made his Testament and last Will in Writing and by the said his Testament made and ordained Margaret then his Wife and Nicholas Wright his younger Son to be Executors of his last Will And by the said his last Will gave and bequeathed all his Interest aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid so as is said demised with the Appurtenances then to come to Edward Wright the Eldest Son of the aforesaid Robert the Grandfather and afterwards the aforesaid Robert Wright the Grandfather at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Tenements aforesaid with the appurtenances to the said Robert the Grandfather in form aforesaid demised possessed After whose death the aforesaid Margaret and Nicholas took upon them the burthen of Execution of his last Will Testament aforesaid at Eastmeon aforesaid And the said Executors at Eastmeon aforesaid gave their consent that the said Edward Wright should have and enjoy to him and his
Assignes the interest aforesaid of the aforesaid Term of years of and in the Moyety of the demesn Lends aforesaid with the Appurtenances to the said Robert Wright the Grandfathe in form aforesaid demised By virtue whereof the said Edward was of the interest of the Term aforesaid possessed and being so thereof possessed The said Edward the 11th day of July in the yeer of our Lord 1563. at Eastmeon aforesaid made his Testament and last Will in Writing and by his said Testament constituted and appointed Agnes then his Wife to be sole Executrix of his said last Will And by the said his last Will gave and bequeathed all his interest aforesaid in the Moyety aforesaid of the demesn Lands aforesaid so as before is said with the Appurtenances to the aforesaid Robert Wright now the plantiâ— one of the Sons of the said Edward And afterwards the said Edward Wright at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed After whose death the aforesaid Agnes took upon her the burden of Execution of the last Will of the said Edward aforesaid at Eastmeon aforesaid and the said Executrix at Eastmeon aforesaid gave her consent that he the said Robert Wright should have and injoy to him and his Assignes the interest of the Term aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised By virtue of which the said Robert Wright now plantif was of the Interest of the Term aforesaid of and in the Moyety of the demesn Lands aforesaid with the Appurtenances possessed until the morrow of the Feast of St. Michael the Archangel in the yeer of our Lord 1575. in which morrow of the aforesaid Feast of St. Michael the Archangel in the yeer 1575. aforesaid The said Robert Wright now plantif into the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances entred and was thereof possessed And so thereof being possessed the said Moyety with the Appurtenances had held and injoyed and now hath and occupieth and ought to have and occupy of and from the payment of Tithes whatsoever of in or upon the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances or any parcel thereof yeerly any manner of wayes growing and appertaining renewing or arising for the occasion aforesaid in this behalf alleged utterly exonerated acquitted freed and privileged by reason of the Prescription and Privilege aforesaid And whereas by the Statute in the Parliament of the Lord Edward late King of England the 6th holden at Westminster in the County of Middlesex the 4th day of November in the second yeer of his Reign amongst other things It is enacted by authority of that Parliament That no person be sued or otherwise compelled to yeeld giue or pay any manner of Tithes for any Manors Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes by any Composition reall as by the said Act amongst other things it more fully appeareth Yet the aforesaid Nicholas Wright in his life time pretending himself to be Farmer of the Rectory of the Parish Church aforesaid and by colour of a demise to him thereof made by Thomas by Divine Providence then Bishop of Winchester for the Term of 21. yeers supposed to be made upon that occasion falsely supposing Tithes whatsoever in and upon the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid demised arising and happening to the said Nicholas Wright by virtue of the demise aforesaid to him in form â—foresaid supposed to be made to belong and appertain whereas in truth The said Robert now plantif the Moyety aforesaid of the demesn Lands aforesaid by virtue of the Demise aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid made and by reason of the immunity of the Privilege and Act aforesaid above specified was exonerated acquitted freed and privileged of and from payment of Tithes whatsoever thereupon growing to have and injoy ought during the Term aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid granted of the premises not ignorant endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and to draw the conusance of her Pleas which do belong to her Royal Crown and not to the spiritual Court to another Jurisdiction and Examination in the spiritual Court supposing the Indenture of demise aforesaid to the aforesaid Robert Wright the Granfather made and the Writing of Confirmation aforesaid as also the Estate of him the said Robert now plantif of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather from the Tithes aforesaid in form aforesaid discharged had and made to be void and of no validity in Law whereas in truth The Indenture of demise aforesaid and the Writing of Confirmation theâ—eof and also the Estate of the said Robert aforesaid the now plantif of and in the Moyety of the aforesaid demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather in manner aforesaid demised so as before is said discharged of Tithes is good and effectual in the Law And whereas in truth the same demise to the aforesaid Nicholas in form aforesaid alleged to be made if any such waâ— was utterly void and insufficient in Law as to any Tithes of in and upon the aforesaid Moyety of the demesn Lands aforesaid growing is The said Robert Wright now the plantif in the spiritual Court before the Reverend and worthy Man Mr. William Awbray Doctor of Law in the Court of Audience of causes and businesse in the Court of Canterbury lawfully deputed to hear of and for the withdrawing and not payment of Tithes of Wheat Barly Pease and Beans of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord 1590. growing renewing arising and happening as also of and for the withdrawing and non payment of the Tithes of the Wool of Lambs and Sheep of the said Robert now plantif of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord aforesaid kept shorn and arising as also of the Tithes of the Aples of the said Robert Wright the plantif of in and upon the said aforesaid Moyety of the demesn Lands aforesaid in the yeer aforesaid growing gotten and arising the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is at Eastmeon aforesaid in the County aforesaid drew into sute And the aforesaid Nicholas the same Robert now plantif before the aforesaid spiritual Judge for that occasion aforesaid to appear and to the said Nicholas of and upon the premises to
answer in that manner the validity in Law of the Indenture of the demise aforesaid by the said Stephen late Bishop aforesaid in form aforesaid made and the Confirmation aforesaid as also the Estate of the said Robert the now plantif aforesaid of and in the aforesaid Moyety of the aforesaid demesn Lands with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid made and the Tithes thereof arising to the spiritual Court aforesaid to draw and determine caused most unjustly bound Which Plea by Appeal in that behalf had and made from the aforesaid Court of Audience before the worshipful and worthy men Robert Forth Thomas Binge John Lloyd Thomas Legg and Richard Swale Doctors of Law Judges Delegates in that behalf was duly removed and in the spiritual Court before the same Judges Delegates or some of them at Eastmeon aforesaid as yet dependeth undecided and although the said Robert the now Plaintiff The Indenture of demyse aforesaid and the Writing of Confirmation aforesaid and the Estate of the said Robert now Plaintiff aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid of the Tythes aforesaid discharged with the appurtenances to the aforesaid Robert VVright the Grand Father in form aforesaid demysed and the other matter aforesaid in this part conteined as well to the aforesaid spiritual Court before the aforesaid VVilliam Ambrey spiritual Judge aforesaid as in the aforesaid spiritual Court before the Judges Delegates aforesaid in discharge of the premises is shewed pleaded and alleged and the Sealing and delivery of the Indenture aforesaid and of the Writing of Confirmation aforesaid and the residue of the matter in that behalf conteined on the part of him the said Robert VVright the now Plaintiff in the premises in that behalf alleged according to the Law of this Kingdom of England with unavoidable truth and witness he offered to prove yet the said Judge of the Court of Audience aforesaid and the aforesaid Judges Delegates in the aforesaid spiritual Court aforesaid The Plea Allegation and that proof utterly refused and every of them refused to admit And afterwards the Appeal aforesaid so depending in the aforesaid spiritual Court before the Judges aforesaid The said Nicholas VVright at Eastmeon aforesaid made his Testament and last Will in writing and thereof constituted and ordained Iohn Wright his Executor of his said Testament and afterwards there dyed after whose death the aforesaid Iohn Wright took upon him the charge of the Execution of the Testament aforesaid and the Prosecution of the Appeal aforesaid in the cause aforesaid and afterwards the aforesaid John Wright the Executor aforesaid the aforesaid Robert Wright now Plaintiff in the aforesaid spiritual Court before the aforesaid Judges Delegates at Eastmeon aforesaid for the occasion aforesaid unjustly bound to appear and the said Robert now Plaintiff of and in the premises to condemn and to the Tythes aforesaid in the aforesaid several spiritual Courts in form aforesaid demanded to him to be paid to compel by the Definitive sentence of the said Court of Delegates with all his power yet endeavoureth and daily threatneth And although the Writ of the aforesaid Lady the Queen of Prohibition to the aforesaid Judges Delegates and other Judges in that behalf the 12th day of July in the year of the Reign of the Queen that now is the 37th at Eastmeon aforesaid to the contrary thereof was directed and delivered The said Iohn VVright the Plea aforesaid after the Queens Majesties Prohibition first to the contrary thereof in form aforesaid directed and delivered that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 37th at Eastmeon aforesaid in the County aforesaid prosecuted and in the Plea aforesaid proceeded the said Writ of the said Lady the Queen of Prohibition to the aforesaid spiritval Judges first to the contrary thereof in form aforesaid directed and delivered in any thing notwithstanding in contempt of the said Lady the Queen that now is and to the damage prejudice impoverishing and grievous molesting of him the said Robert now Plaintff and contrary to the form and effect of the Prescription Privilege and Act of Parliament aforesaid whereupon the same Robert now Plaintiff saith That he is the worse and hath damage to the value of 40. Marks and thereof as well for the said Lady the Queen as for himself he bringeth sute c. And now at this day that is to say VVednesday after 10. of â—aster this Term untill which day the said Iohn VVright had license to the Bill aforesaid to imparl cometh as well the said Robert VVright by his Attorney aforesaid as the aforesaid â—ohn VVright by Stephen VVorley his Attorney and the said Iohn defendeth the force and injury when c. and all the contempt and whatsoever c. and saith he did not prosecute the Plea aforesaid in the spiritual Court aforesaid after the Queens Prohibition to him first to the contrary directed and delivered in manner and form as the aforesaid Robert Wright who aswel c. above against him complaineth And of this puts himself upon the Country and the aforesaid Robert who aswel for c. likewise c. But to have a consultation in this behalf The said John by Protestation not acknowleging any thing by the aforesaid Robert above alleged to be true For Plea the said John saith That well and true it is That the aforesaid Robert in the aforesaid spiritual Court before the aforesaid Judges Delegates shewed pleaded and alleged That the aforesaid Stephen late bishop of Winchâ—ster â—foresaid the aforesaid 4th day of July in the 38th yeer aforesaid was seized of the aforesaid Manor of Eastmeon with the Appurtenances in the County of Southampton aforesaid whereof the aforesaid capital Messuage with the Appurtenances called the Scite of the Manor of Eastmeon 800. Acres of Land 500. Acres of Meadow 400. Acres of Wood with the Appurtenances in Eastmeon aforesaid being demesn Lands of the Manor aforesaid then and from the time aforesaid were parcel And of and in the aforesaid Messuage with the Appurtenances being the Mansion house of the Manor aforesaid in his demesn as of Fee in the right of his Bishoprick aforesaid And that the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid being seized of the Manor aforesaid and other the premises with their Appurtenances from the whole time aforesaid for him and his Farmers his Tenants thereof and of every parcel thereof for the term of yeers or at will had holden and enjoyed to them discharged acquitted freed and privileged of and from the payment of any Tithes of in or upon the aforesaid capital Messuage and demesn Lands aforesaid with the Appurtenances and every part and parcel thereof yeerly any manner of ways by the whole time aforesaid growing happening and renewing or arising And that the aforesaid late Bishop of the capital Messuage aforesaid and of the
demesn â—ands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and privileged of and from the payment of Tithes whatsoever in and upon the capital Messuage aforesaid and other the premises with their Appurtenances or any part thereof growing renewing or in any wise happening the aforesaid 4th day of July in the yeer of the reign of the aforesaid late King Henry the 8th the 38th aforesaid at Eastmeon aforesaid by his aforesaid Indenture with the Seal of his Bishoprick sealed bearing date the said day and yeer demised to the aforesaid Robert Wright the Grandfather of the aforesaid Robert The Moyety of the demesn Lands aforesaid with the Appurtenances by the name of all the demesn Lands of the Manor of Eastmeon aforesaid of old appertaining with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old situate lying and being with the Appurtenances which Moyety then lay in the Fields on the South part of the Town of Eastmeane aforesaid To have and to hold the said Moyety with the Appurtenances to the aforesaid Robert Wright the Grandfather and to his Assignes from the Feast of St. Michael the Archangel which then should be in the yeer of our Lord God 1575. until the end and Term of 40. yeers from thence next following and fully to be ended And that afterwards that is to say The aforesaid 20th day of July in the 38th yeer aforesaid the aforesaid William Kingsmill then Dean of the aforesaid Cathedral Church of the Holy Trinity of Winchester and the Chapter of the same place at Winchester aforesaid in their Chapter-house aforesaid by their Writing aforesaid sealed with the Chapter-Seal aforesaid in the life of the aforesaid late Bishop and in the life time of the aforesaid Robert Wright the Grandfather confirmed and ratified And that the said Robert Wright by virtue of the demise and confirmation aforesaid was of the interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed and so thereof being possessed the aforesaid 14th day of August in the yeer of our Lord 1658. aforesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted the aforesaid Margaret and Nicholas Wright his Executors and by the said his Will gave and bequeathed all his interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Edward Wright Son of the said Robert the Grandfather And afterwards at Eastmeon aforesaid dyed of his Interest aforesaid in form aforesaid possessed After whose death the aforesaid Edward by the assent of the Executors aforesaid was of the Interest of the aforesaid Term of yeers of and in the Moyety aforesaid with the Appurtenances possessed And that the said Edward so being thereof possessed the aforesaid 11th day of July in the yeer of our Lord 1563. abovesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted one Agnes then his Wife his Executrix of his Will aforesaid And by the said his Will gave and bequeathed all his Interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Robert Wright the now plantif and afterwards there dyed of such his interest aforesaid of and in the Moyety aforesaid with the Appurtenances in form aforesaid possessed And that the said Robert now plantif by the consent of the said Agnes the burden of the Execution of the Will aforesaid upon her taking was of the Interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed until the Feast of St. Michael the Archangel in the yeer of our Lord 1575. immediately after which Feast the said Robert into the Moyety aforesaid with the Appurtenances entred and was thereof possessed and that the aforesaid Robert thereof so possessed the said Tenements with the Appurtenances likewise had and occupyed and ought to have and occupy of and from the payment of Tithes whatsoever of in and upon the Moyety aforesaid with the Appurtenances or any part thereof yeerly any wayes growing happening renewing or arising by the occasion aforesaid alleged utterly discharged acquitted freed and privileged by reason of the Prescription and Privilege aforesaid and by force of the said Statute aforesaid in the aforesaid Parliament of the aforesaid late King Edward the 6th at Westminster aforesaid the aforesaid 4th day of November in the second yeer of his Reign of the payment of Tithes then made as the aforesaid Robert VVright now plantif above alleged But the said John VVright further saith That the aforesaid Judges Delegates in the aforesaid Court before them the Plea and Allegations of the aforesaid Robert Wright now plaintif allowed and the Proofs thereof by him the said Robert brought accepted and admitted Without that that the aforesaid Judge Delegates in the aforesaid spirituâ—l Court before them the Plea Allegations and Proofs of the aforesaid Robert VVright now plan if â—foresaid refused to admit in manner and form as the aforesaid Robert now plantif above hath alleged And this he is ready to aver whereupon he demands Judgement and the Writ of the Lady the Queen of consultation to him in this behalf to be granted And the aforesaid Robert VVright now Plantif saith That he for any thing by the aforesaid John VVright above in pleading alleged The said Writ of the said Lady the Queen of Consultation ought not to have because he saith That the Plea aforesaid by him the said John VVright in form aforesaid above pleaded the matter therein contained is insufficient in Law to the aforesaid Writ of the Lady the Queen of Consultation to be brought to which the said Robert needeth not nor by the Law of the Land is bound in any wise to answer wherefore for default of sufficient answer in this behalf The said Robert demandeth Judgement and his damages aforesaid for the occasion aforesaid to be adjudged unto him c. And the aforesaid John VVright saith That the Plea aforesaid by him the said John in manner and form aforesaid above pleaded and the matter in the same contained is good and sufficient in Law to the aforesaid Writ of the said Lady the Queen of Consultation to have and demand which Plea and the matter in the same contained the said Iohn is ready to aver and prove as to the Court c. And because the said Robert to that Plea doth not Answer nor the same hitherto any wise denyeth the said Iohn as at first demandeth Judgement the Writ of the said Queen of Consultation in this behalf to be granted unto him c. And because the Court of the Lady the Queen here of giving their Judgemen of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until the same next after to hear their Judgment oâ— and upon the premises c. Because the Court of the Lady the
their demesn as of Fee and Right and of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof then they brought sute c. And the said John Hunt in his proper person then defended his Right when c. And vouched thereof to warranty the aforesaid William Capel who then present there in the same Court here in his proper person willingly the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid to him did warrant And upon that The said Thomas and Baldwin then demanded against the aforesaid William Tenant by his Warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advoson aforesaid in form aforesaid c. And whereupon then said That they themselves were seized of the Manor Tenements and Rents aforesaid with the Appurtenances in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid William Tenant by his Warranty aforesaid then defended his Right when c. And further then vouched to warranty John Howel who then likewise was present here in the said Court in his proper person and willingly the Manor Tenements and Rents aforesaid with the Apurtenances and the Advowson aforesaid to him did warrant c. And thereupon The said Thomas and Baldwin then demanded against him the said John Howel Tenant by his warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rents aforesaid in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the said Lady the Queen that now is taking the Profits therof to the value c. in wch c. And thereof then brought therâ— sute c. And the aforesaid John Howell Tenant by his Warranty defended then his Right when c. And then said That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin of the Manor Tenements and Rents aforesaid with the Appurtenances and of the Advowson aforesaid as the said Thomas and Baldwin by their Writ and Declaration above then supposed and of that then put themselves upon the Country and the aforesaid Thomas Spenceley and John Barldwin then demanded licence thereof to in parl and had it and aferwards the said Thomas and Baldwin came back here into the same Court here the same Term in their proper persons and the aforesaid John Howel although he was solemnly called did not then come back but in contempt of the Court departed and made default By which Then it was granted in the same Court here That the aforesaid Thomas Spenceley and Baldwin recover their seisin against him the said John Hunt of the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid And that the said John should have of the Lands of the said William Capel to the value c. And that the said William further should have of the Lands of the said John Howel to the value c. And that the said John then should be in mercy c. By virtue of which Recovery The aforesaid Thomas Spenceley and Baldwin into the Manor and Tenements aforesaid with the Appurtenances entred and was thereof seized in their demesn as of Fee Which Recovery and the Execution thereof in form aforesaid sued forth and had was to the use of the said John Hunt and his Heirs for ever By which and by force of the Statute aforesaid the said John Hunt was seized of the Manor aforesaid with the Appurtenances in his demesn as of Fee And so thereof being seized before the time of the taking c. put his Cattel aforesaid into the aforesaid 300. Acres of Land the grass then there growing to eat and the Cattel aforesaid were in the said 300. Acres of Land the grass in them then growing eating until the aforesaid Thomas Gateley the aforesaid 22th day of November in the yeer of the said Lady the Queen that now is at Hew Capel aforesaid in the aforesaid place called Stockins took the said Cattel of him the said John and them unjuly detained against Gages and Pledges until c. as the said John against him above complaineth And this he is ready to aver Wherefore in as much as the aforesaid Thomas Gately the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said John demands Judgement and his damages for the occasion of the taking and unjustly detaining of the said Cattel to him to be adjudged And the aforesaid Thomas Gateley saith That the aforesaid Plea of the said John Hunt in bar of the Avowry aforesaid pleaded iâ— insufficient in Law to bar him the said Thomas as Bayliff of the aforesaid Anthony from the just avowage of the taking of the Cattel a-aforesaid in the place in which c And that he to that Plea in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver wherefore for want of a sufficient Plea in this behalf The said Thomas demands Judgement and a return of the Cattel aforesaid together with his damages to be adjudged unto him c. And the aforesaid John Hunt in as much as he sufficient matter in Law to the aforesaid Thomas as Bayliff of the same Anthony from the just acknowleging of the taking of the Cattel aforesaid in the place aforesaid in which c. to be barred above confesseth which he is ready to aver which matter the aforesaid Thomas doth not deny nor to the same any wayes Answereth but altogether refuseth to admit the same Averment As at first demandeth Judgement and his damages by the occasion of the taking and unjustly detaining of the Cattel aforesaid to be to him adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because that the said Justices here thereof are not yet c. At which day here come aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the said Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid
Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon he premises day is given to the parties here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgment thereof because the same Justices here are not thereof yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of giving their Judgement of and upon the premises day is given to the parties here until from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their JudgemeÌ„t of upoÌ„ the premises day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here until the Morrow of ALL SOVLS to hear their Judgment thereof because the same Justices here are inot yet c. Before which day the Plea aforesaid was adjourned by the Writ of the said Lady the Queen of Common Adjornment from Westminster aforesaid unto the Castle of the Lady the Queen of Hertford in the County of Hertford untill the aforesaid morrow of All Soules at which day that is to say at the aforesaid Castle of Hertford cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given unto the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Laâ—y the Queen of Common Adjornment from the aforesaid Castle of Hertford unto Westminster aforesaid at the aforesaid 8. dayes of St. Hillary at which day here that is to say at Westminster cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof further day is given here to the parties aforesaid untill from Easterday in 15. dayes to hear their Judgement thereof because the Justices here are not thereof as yet c. At which day cometh as well the aforesaid Iohn Hunt as the said Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill in 8. dayes of St. Michael for to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of anâ— upon the premises day is given to the parties aforesaid here untill in 8. days of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the said John Hunt as the aforesaid Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are thereof not yet c. at which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid until from the day of Easier in t5 dayes to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill In the morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further 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. Michael to hear
aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here of their Iudgement thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because â—he Iustices here will further avise themselves before they give their Iudgement of and upon the premises day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes â—o hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices will further avise themselves of and upon the premises day is given to the partis aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of the premises before they give their Iudgment thereof day is given to the parties aâ—oresaid here untill in 8. dayes of St. Michael to hear their Iudgement thereof because the same Justices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Judgement thereof day is further given to the parties aforesaid untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at whiâ—h day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day furthe is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aâ—oresaid here untill from the day of Easter in 15. dayes to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day further is given to the parties aforesaid here untill the morrow of the Holy Trinity to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties aforesaid here untill the morrow of All Soules to hear their Iudgment thereof because the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment from Westminster in the County of Middlesex unto the Castle of the Lady the Queen of Hertford in the County of Hertford at the same morrow of All-Soules c. At which day here that is to say at the Castle of Hertford cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day is given to the parties aforesaid here in 8. dayes of St. Hillary to hear their Iudgment thereof before the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Queen of Common adjornment from the said Castle of the said Queen of Hertford in the County of Hertford unto Westminster aforesaid in the aforesaid County of Middlesex at the same 8. dayes of St. Hillary c. And now here that is to say at Westminster aforesaid cometh as well the aforesaid John as the aforesaid Thomas Gateley by their Attorneys aforesaid and upon this the premises being seen and by the Iustices here fully understood It seemeth to the same Iustices here That the aforesaid Plea of the aforesaid Iohn Hunt above in Barr of the Conusance aforesaid pleaded is sufficient in Law to him the said Thomas Gateley as Bayliff of the said Anthony justly acknowledging the taking of the Cattel aforesaid in the aforesaid place in which to Barr as the aforesaid Ihhn Hunt above alleged for which the aforesaid Iohn Hunt his damages for the occasion of the taking and unjustly deteining of the Cattel aforesaid against the aforesaid Thomas Gateley ought to recover But because it is not known what damages the aforesaid Iohn Hunt for the occasion of taking and unjustly deteining of the Cattel aforesaid susteined It is CoÌ„manded to the Sheriff that by the Oaths of good and lawful men of his County he diligently enquire what damages the said Iohn Hunt susteined as well by the occasion of the taking unjustly deteining of the Cattel aforesaid as for his Costs and Charges by him about his sute in this behalf expended and the Enquire which c. The Sheriff make to appear here
from the day of Easter in 15. dayes under his Seal c. And the Seals c. At which day here cometh the aforesaid Iohn Hunt by his Attorney aforesaid And upon this The same Iohn Hunt acknowledgeth here in the Court here that he would not further prosecute the same Thomas Gateley for any damages to him for the occasion of the taking and unjustly deteining of the Cattel aforesaid to be adjudged but all the said damages to him so to be adjudged willingly here in Court to the said Thomas Gateley doth remise and release Therefore the said Thomas Gateley of those damages be acquitted c. REPLEVIN Trinity Term Anno 36. Eliz. Rot. 1676. in the Common Pleas C. 1. part Archers Case Fol. 65. IOhn Smith Gent. was summoned to Answer to William Baldwin of a Plea wherefore he took the Cattel of the said William and them unjustly detained Essex against Gages and Pledges c. And whereupon The said William by Isaac Hamond his Attorney complaineth That the aforesaid John the 9th of January in the year of the Reign of the Lady the Queen that now is the 36th at Bocking in a certain place called the Meadow abutting upon the Common High-way leading from Braintree unto Pantforld in the County aforesaid against the North-East and upon the Lands of John Mott towards the South West took Cattel that is to say 26. Sheep of him the said William and them unjustly deteined against Gages and Pledges untill c. Whereupon he saith he is the worse and hath loss to the value of 40. pound and thereof he bringeth sute c. And the aforesaid John by Tho. Reynolds his Attorney cometh and defendeth the force and Injury when c. And as Bayliff of Joh. Kent gent. Son of Joh. Kent gent. deceased well acknowledgeth the taking of the Cattel aforesa in the place aforesa in which c. and justly c. Because he saith That the same place in which it is supposed the taking the Cattel aforesaid above to be done conteineth in it self 4. Acres of Pasture with the Appurtenances in Bocking aforesaid which 4. Acres of Pasture with the appurtenances at the time aforesaid in which c. Was the Soil and Freehold of the said John Kent the Son and because the Cattel aforesaid the time aforesaid in which c. were in the same then eating the grass and doing damage there The said John Smith as Bayliff of the aforesaid John Kent the Son doth well acknowledge the taking of the Cattel aforesaid in the place aforesaid in which c. and justly there so damage feisant c. And the aforesaid William Baldwin saith That the said John Smith as Bayliff of the said Iohn Kent the Son for the reason before alleged ought not to make Conusance of the taking of the Cattel aforesaid to be just Because he saith That long before the said taking aforesaid had One Iohn Archer Gent. was seised of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and he the said Iohn being thereof so seised before the aforesaid time of the taking aforesaid done that is to say the 8th day of January in the year of the Reign of the Lady the Queen that now is the 36th aforesaid gave license unto the said William to put his Cattel aforesaid into the aforesaid place in which c. to eat the grass there growing By vertue of which license the said William afterwards that is to say the said aforesaid 9th day of Ianuary in the 36th year aforesaid put his Cattel aforesaid in the place in which c. to eat the grass there growing which Cattel were in the said place in which c. eating the grass then growing in the same untill the said Iohn Smith the aforesaid 9th day of Ianuary in the year of the Lady the Queen that now is the 36th aforesaid at Bocking aforesaid in the aforesaid place called the Meadow took the Cattel aforesaid of him the said William and them unjustly deteined against Gages and Pledges untill c. As he above him complaineth without that that the aforesaid 4. Acres of Pasture with the appurtenances in which c. the time of the taking aforesaid done was the Soil and Freehold of the said John Kent the Son as the said William above hath alleged And this he is ready to aver Wherefore in as much as the said John Smith acknowlegeth the taking of the Cattel aforesaid in the aforesaid place in which The said William demands Judgement and his damages for the occasion of the taking and unjustly detaining of the same Cattel to be adjudged to him c. And the aforesaid John Smith as at first saith That the aforesaid 4. Acres of Pasture with their appurtenances in which c the time aforesaid in which c. were the Soil Freehold of the said J. Kent the Son as he before hath alleged And of this puts himself upon the Country and the said VVilliam Baldwin likewise And therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. Weeks 12. c. by whom c. and who neither c. to Recognize c. Because as well c. And afterwards the Process was continued between the aforesaid parties of the aforesaid Plea by juries put between them in respite here until this day that is to say from easter-Easter-day in three Weeks in the yeer of the Reign of the said Lady the Queen that now is the 37th And now here at this day cometh as well the aforesaid William as the aforesaid John Smith by their Attornies aforesaid and the Jurors thereof impannelled being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Francis Archer was seized of the said 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and held the same of one Thomas Wilson as his Manor of in the County aforesaid in Free Socage and that the said Francis Archer had issue one Robert Archer which Robert had then issue the aforesaid John Archer the Son and his Right and next Heir apparant Which aforesaid Francis Archer so of the aforesaid 4. acres of Pasture with the appurtenances being seized before the time in which c. that is to say the 25th day of November in the yeer of our Lord 1578. made his last Will and Testament in Writing and by the same his last Will Willed and Bequeathed the Tenements aforesaid with the appurtenances amongst other things as followeth Item I give and bequeath to Robert Archer my Son All that my Messuage or Tenement with the appurtenances called the Grey-hound with all and singular the Lands and Grounds which and whatsoever I had purchased and bought of one John Palmer as they are set lying and being in Bocking aforesaid To have and to hold the said
Messuage or Tenement and other the premises late purchased and bought of the said John Palmer as is aforesaid to the said Robert Archer my Son from and after the day of my death forthwards during his natural life and after the death of Robert Archer my Son I will my said Messuage or Tenement called the Grey-hound together with all the Lands and Grounds which I lately purchased of the said John Palmer shall wholly remain to the Right and next Heir of the same Robert Archer and to the Heirs of his Body lawfully begotten for ever And afterwards the aforesaid Francis Archer dyed of the aforesaid 4. acres of Pasture with the appurtenances amongst other in form aforesaid seized And the said jurors further say upon their Oath That the aforesaid Francis Archer purchased the aforesaid 4. acres of Pasture with their appurtenances of the aforesaid John Palmer in the aforesaid last Will of the aforesaid Francis named And the jurors further say upon their Oath That after the death of the said Francis Archer the aforesaid Robert Archer being Son and Heir apparent of the aforesaid Francis into the aforesaid 4. acres of Pasture with their appurtenances entred and was thereof seized of such estate as the Law in this case requireth And the said Robert so thereof being seized before the aforesaid time in which c. that is to say the 21th day of January in the yeer of the Reign of the said Lady the Queen that now is the 26th by his deed of Feoffment with the Seal of the said Robert sealed and to the jurors aforesaid in Evidence shewed Enfeoffed one John Kent Father of the said John Kent in the Conusance aforesaid above named of the aforesaid 4. acres of Pasture with their appurtenances in which c. amongst other By the name of all that his Messuage or Tenement and all Houses Buildings Barns Orchards Gardens with the appurtenances sometimes called or known by the name of the Grey-hound or otherwise or by what other name or names the same were called or known situate lying and being in Bocking aforesaid in a street there called Bocking haud and of all those Lands Meadowes and Pastures to the same belonging or appertaining or with the same at any time then before demised used or occupyed lying and being at Bocking aforesaid To have and to hold to the aforesaid Iohn Kent the Father his Heirs and Assignes for ever to the proper use and behoof of the said John his Heirs and Assignes for ever And further the said Robert Archer and his Heirs by the deed aforesaid all and singular the aforesaid Messuages or Tenements Houses Buildings Meadowes Pastures and other the premises aforesaid with the appurtenances to the aforesaid John Kent the Father his Heirs and Assignes to the use in the said deed mentioned against all men did warrant as by the said Charter of Feoffment to the Jurors aforesaid given in Evidence it more fully appeareth By virtue of which Feoffment the aforesaid John Kent the Father was seized of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee And further the Jurors afore say upon their Oath That after the Feoffment aforesaid in form aforesaid made The aforesaid John Archer Son and right and next Heir apparent of the aforesaid Robert Archer in the lives of the aforesaid Robert Archer and John Kent the Father into the aforesaid 4. Acres of Pasture with the appurtenances in which c. Upon the possession of the aforesaid John Kent the Father thereof entred upon whose possession of the said John Archer thereof the said John Kent the Father afterwards re-entred and was of the aforesaid 4. Acres of Pasture with their appurtenances in which c. seized as the Law in this case requireth and the said John Kent the Father so thereof being seized before the aforesaid time in which that is to say the 16th day of May in the yeer of the Reign of the Lady the Queen that now is the 27th made his Testament and last Will in Writing and by the same his last Will gave and bequeathed to the aforesaid John his second Son and his Heirs the aforesaid 4. Acres of Pasture with the appurtenances in which c. amongst other and afterwards and before the time in which c. the aforesaid John Kent the Father of such estate of the aforesaid 4. Acres of Pasture with the appurtenances in which c. dyed seized After whose death The aforesaid John Kent the Son into the aforesaid 4. Acres of Pasture with their Appurtenances entred and was thereof seized of such estate as the Law in this case requireth And afterwards and before the aforesaid time in which c. The aforesaid Robert Archer dyed After whose death The aforesaid John Archer Son and right and next Heir of the aforesaid Robert Archer into the aforesaid 4. Acres of Pasture with the appurtenances in which c. upon the possession of the said John Kent the Son thereof entred and was thereof seized as the Law in this case requireth And the said John Archer so thereof being seized the aforesaid 8th day of November in the 36th yeer aforesaid gave licence to the said William Baldwin to put his Cattel aforesaid into the aforesaid place in which c. the grass in the same then growing to eat By virtue of which licence the said William afterwards that is to say the aforesaid 9th day of January in 36th yeer abovesaid put his Cattel aforesaid into the aforesaid place in which c. to eat the grass then and there growing which Cattel were in the same place in which c. the grass in the same then eating until the aforesaid John Smith as Bayliff of the aforesaid John Kent the Son the aforesaid 9th day of January in the 36th yeer abovesaid in the aforesaid place called the Meadow to the use of the said John the Son entred and took the aforesaid Cattel of the aforesaid William and them detained against Gages and Pledges Until c. as the aforesaid William Baldwin above against the aforesaid John Smith complaineth And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with their appurtenances in which c. the aforesaid time in which c. were not the Soil Freehold of the aforesaid John Kent the Son Then the said Jurors say upon their Oath That the aforesaid 4. Acres of Pasture with the appurtenances in which c. the aforesaid time in which c. were not the Soyl and Freehold of the aforesaid John Kent the Son as the aforesaid William Baldwin above hath alleged And then they assess the damages of the said William Baldwin by occasion of the taking and unjust detaining of the aforesaid Cattel above his costs and charges by him about his sute in this behalf expended to 14. pence
and for his costs and charges to 2. pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with the Appurtenances in which c. the aforesaid time in which c. were the Soil and Freehold of the aforesaid John Kent the Son as the said John Smith above allegeth Then they assess the damages of him the said John Smith by the occasion aforesaid above his costs and charges by him about his sute in this behalf expended to 12. pence and for his costs and charges to 2. pence And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties here in the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day farther is given to the parties here until in 8. dayes of St. Michael to hear their judgment of them because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties here in 8. dayes of Saint Hillary to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises day further is given to the parties aforesaid here until from easter-Easter-day in 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And upon this The premises being seen and by the justices here fully understood It is granted that the said William take nothing by his Writ aforesaid but be in mercy for his false clamour and the aforesaid John thereof go without day c. And that he have retorn of his Cattel aforesaid to hold for ever irreplegiable c. how c. And that the Sheriff make it appear here in 8. dayes of Saint Michael c. It is also granted That the aforesaid John recover against the said William his damages to 14. pence by the jurors aforesaid in form aforesaid assessed as also 18. pound 8. shillings and 10. pence to him the said John at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages amount in the whole to 19. pound c. Replevin Trinity Term Anno 380. Eliz. Rot. 183. in the Common-Pleas C. 1. part Bredons Case Fo. 67. Suss WIlliam Bredon and John Bredon were summoned to answer to Agnes Gardiner Widow of a Plea Wherefore they took the Cattel of the said Agnes and them unjustly detained against Gages and Pledges c. And whereupon the said Agnes by Thomas Waller her Attorny complaineth That the aforesaid William and John the 18th day of May in the yeer of the Reign of the Lady the Queen that now is the 37th at Stow-market in a certain Place called the Parkwood parcel of the Manor of Columbine hall took Cattel that is to say 15. Cowes Milch and 5. Calves of the said Agnes and them unjustly detained against Gages and Pledges until c. Whereupon she saith that she is the worse and hath damage to the value of 10. pound And thereof bringeth sute c. And the said William and John by Richard Walker their Attorny come defend the force and injury when c. And as Bayliffs of Martha Cary Widow do acknowledge the taking of the Cattel aforesaid in the place in which c. And justly c. Because they say That the same place in which it is supposed the taking above to have been made doth contain and at the time of the taking of the Cattel aforesaid did contain in it self 8. Acâ—es of Lands with the appurtenances in Stow-market aforesaid and that long before the aforesaid time in which c. One John Gardiner Gent. was seized of and in the Manor of Collumbine hall otherwise Thorney Collumbers with the appurtenances in the County aforesaid whereof the aforesaid 8. Acres of Land with the appurtenances in which c. are and the aforesaid time in which c. And also from the time whereof the Memory of Man is not to the contrary were parcel in his demesn as of Fee and he being thereof so seized A Fine was levied in the Court of the Lady the Queen that now is of the Bench here that is to say at Westminster in 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said Lady the Queen of the Bench here and other the said Queens faithful people here then present Between Edmond Cary Knight and Robert Cary Esquire Plaintiffs and VVilliam Cary Esquire the aforesaid John Gardiner and the said Agnes now Plaintiff then the Wife of the said John and George Totty Gentleman and Elizabeth his Wife by the names of VVilliam Cary Esquire Iohn Gardiner Gentleman and Agnes his Wife George Totty Gentleman and Elizabeth his Wife Deforceants of the Manor aforesaid with the appurtenances whereof c. And of 10. Messuages 10. Cortages 10 Barns one Dove-house 20. Cartilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath the Rent of 1. pound of Wax and 4. Capons 30. shillings of Rent with the appurtenances in Stow market Newton Gipping and One House As also of the view of Frank Pledge in Stow-market Newton Gipping and One House By the names of the Manors of Collumbine hall otherwise Thorney Collumâ—bers with the appurtenances and of 10. Messuages 10. Cottages 10. Barns one Dove house 20. Curtilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath 30. shillings of Rent of the
Henry Cary Knight Lord of Hunsdon and his Heis for ever And that the aforesaid John Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the said John and Agnes and the longer liver of them in form aforesaid being seized the Remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs oâ— his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Heny Cary Knight Lord of Hunsdon and his Heirs expectant Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon and John Bredon above second mentioned The aforesaid other Fine in the aforesaid Plea of her the said Agnes above specified was levied in the aforesaid Court of the Queen here from the aforesaid day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid then Justices and other the faithful people of the Lady the Queen then there present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid William Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid 20. Messuages One Dove house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One house Which Fine in form aforesaid levied and had was had and levied to the use of the aforesaid David and Robert Ham and to their Heirs for ever to the intent in the Plea of the aforesaid Agnes above mentioned the aforesaid John Gardiner and Agnes of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs expectant the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned in form aforesaid was had And the aforesaid Agnes further in Facto saith That the aforesaid John Gardiner and Agnes from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon and John Bredon second mentioned in form aforesaid was levied Without that that the aforesaid David and Robert Ham the aforesaid day of bringing of the Writ of the Lady the Queen of Entry Sur Disseisin in the Post in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned or ever afterwards were ever Tenants of the Freehold of the Manor Tenements and Rents with the Appurtenances in the Recovery aforesaid above mentioned as the aforesaid William Bredon and John Bredon above have alleged And this she is ready to aver Wherefore she demandeth Judgement and his Damages by occasion of the taking and unjust detaining of the Cattel aforesaid to her to be adjudged And the aforesaid William Bredon and John Bredon say That the aforesaid Plea of the aforesaid Agnes to the Conusance of them the said William and John as to the aforesaid 20. pound residue of the 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable above by Rejoynder pleaded is insufficient in Law to bar her the said Agnes from having her Action aforesaid of the taking of the Cattel aforesaid in the aforesaid place in which against them the said William and John or to bar the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. And that they to that Plea in manner and form aforesaid pleaded need not nor by the Law of the Land are bound to Answer for that that is to say That the aforesaid Induction of the Plea of the said Agnes to the Traverse aforesaid in her Plea aforesaid to the Conusance of them the said William and Iohn above rejoyning pleaded is not sufficient in Law to induce that Traverse And that the Traverse of the aforesaid Tenances of the David and Robert Ham the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post of the aforesaid Manor Tenements Rents with the Appurtenances in the same Plea pleaded is not material in Law And this they are ready to aver wherefore for want of sufficient Plea of the said Agnes in this behalf the said William and John as at first demand Judgement and the retorn of the Cattel aforesaid together with damages c. to be to them adjudged And the aforesaid Agnes for as much as she hath alleged sufficient matter in Law and the aforesaid William Bredon and John Bredon from their Conusance aforesaid as to the aforesaid 20. pound of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable to have to bar and the said Agnes to have her Action aforesaid against the said William and John above hath alleged which she is ready to aver which matter the aforesaid William and John do not deny nor to the same do any wayes Answer but the the same Averment utterly refuse to admit as before demandeth Judgement and her damages by occasion of the taking and unjustly detaining of the Cattel aforesaid to her to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes from Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswelthe aforesaid Agnes as the aforesaid Wil. Bredon J. Bredon by their Atornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswel the aforesaid Agnes as the aforesaid Wil. Bredon and John Bredon by their Attornies aforesaid And upon this The premises seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Plea of the aforesaid Agnes to the Conusance of the aforesaid William and John as to the aforesaid 20. pound residue of the aforesaid 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable by Rejoynder pretended is not sufficient in Law for the said Agnes to have her Action aforesaid of the taking of the Cattel aforesaid against the said William and John or to
maintain Or them the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged to bar as the aforesaid William and John above have alleged Therefore it is granted that the aforesaid Agnes take nothing by her Writ aforesaid but be in mercy for her false claim And the aforesaid William and John go thereof without day c. And that they have retorn of the Cattel aforesaid to be holden to them irreplegiable for ever And how c. the Sheriff make it appear from the day of Easter 15. dayes c. And it is also granted That the said William and John ought to recover their damages by the occasion aforesaid against the aforesaid Agnes But because it is not known what damages the said VVilliam and John have sustained by that occasion It is commanded the Sheriff that by the Oaths of good and lawful men of the County aforesaid he diligently enquire what damages the said VVilliam and John have sustained aswel by occasion of the premises as their costs and charges by them about their Sute in this behalf expended And the Enquiry which c. They send here at the aforesaid Term under Seal c. and the Seals c. At which day here come the a-a-aforesaid VVilliam Bredon and John Bredon By their Attorny aforesaid And the Sheriff therof did nothing nor sent the Writ thereoâ— Therefore that an other Writ be made in form aforesaid retornable here from the day of Holy Trinity 15. dayes At which day here came the aforesaid VVilliam and John by their Attorny aforesaid And the Sheriff that is say Thomas Edon Esquire now sent That before the comming of the Writ aforesaid The Cattel aforesaid were esloyned out of his Balywick to places to him unknown By which the Cattel aforesaid to the said VVilliam and John he could not retorn as to him it was commanded Also the same Sheriff sent here a certain Inquision taken before him at Bury Saint Edmonds in the County aforesaid the 30th day of May last past by the Oaths of 12. men c. by virtue of the Writ aforesaid taken by which it is â—ound That the a-aforesaid VVilliam and John sustained damages by the occasion aforesaid above their costs and charge by them about their Sute in this behalf put unto 5. ponnd And for their costs and charges to 10. shillings Therefore it is commanded to the Sheriff That of the other Caâ—tel of the aforesaid Agnes to the value of the Cattel aforesaid first taken he take in Withernam and them to the aforesaid William and John without delay he do deliver to be deteined to them until the Cattel aforesaid first taken were retorned And how c. that he make it appear here in 8. dayes of St. Michael c. And also that the aforesaid Agnes be attached that she be here at the aforesaid Term to answer aswel to the Lady the Queen of her Contempt aforesaid as to the aforesaid VVilliam and John of the damages and injuries to them in this behalf offered c. And also it is granted That the aforesaid William and John recover against the aforesaid Agnes their damages aforesaid to 5. pound and 10. shillings by the Enquiry aforesaid in form aforesaid found as also 2â— pound 3. shillings and 4. pence to them the said William and John at their requests for their Costs and Charges by the Court here of Encrease adjudged which damages in the whole do amount to 26. pound 13. shillings and 4. pence Replevin Hillary Term Anno 35 Eliz. Rot. 498. in the KINGS-BENCH C. 1. part Ann Mayowes Case Fol. 141. Kent GEorge Mason and Francis Easterley were Attached by the Writ of the Lady the Queen of Second Deliverance to Answer to John Kettel of a Plea wherefore they took the Cattel of the said John and them unjustly deteined against Gages Pledges c. And whereupon the said Joh. Kettel by Edward Willan his Attorny complaineth That the aforesaid George and Francis the 18th day of June in the yeer of the Reign of the Lady Elizabeth now Queen of England the 33th at Sutton Atthone in the County aforesaid in a certain place there called Abrahams Land took Cattel that is to say 7. Cowes and One Bull of the said John and them un justly deteined against Gages and Pledges until c. Whereupon the said John Kettel saith that he is the worse and hath damage to the value of 30. pound and thereof bringeth sute c. And the aforesaid George Mason and Francis Easterley by Michael Low their Attorny come and deâ—end the force and injury when c. And justly c. Because they say That the aforesaid Plea in which it is supposed the taking of the Cattel aforesaid to have been done doth contein and at the time of the taking aforesaid above supposed to be done did contein in it self by Estimation 8. Acres of Pasture with the Appurtenances in Sutton Atthone aforesaid and that long before the aforesaid time in which c. One Dionisius Mayow Gentleman was of the aforesaid place in which c. amongst other seized in his demesn as of Fee and so thereof being seized The same Dionisius afterwards that is to say before the time of the taking aforesaid above supposed to be done that is to say The 30th day of May in the yeer of the Reign of the said â—ady the Queen that now is the 19th at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the Lady the Queen that now is brought bearing date the same day and yeer gave and granted to the aforesaid Ann by the name of Ann Maxey of Chigwell in the County of Essex One Annuity or yeerly Rent of 20. pound of lawful Mony of England to be issuing out of the aforesaid place in which c. Amongst other by the names of all Lands and Tenements of him the said Dionisius in Sutton Atthone aforesaid and in Willington in the aforesaid County of Kent To have and perceive the aforesaid Annuity or yeerly Rent aforesaid of 20. pound aforesaid to the aforesaid Ann and her Assignes for the time of the natural life of her the said Ann at the Feast of the blessed Lady Mary the Virgin St. Michael the Archangel by equal portions yeerly to be perceived And if it should happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said ought to be paid within 40. dayes after any Feast of the Feasts in part or in whole be behind and not paid that then it be lawful to the aforesaid Ann or her Assignes in the Tenements aforesaid with the Appurtenances to enter and distrein and the distresses there found or taken to carry away lead and drive and with her to keep until of the whole aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any should be to her she
in her demesn as of Freehold for the Term of her life And so thereof being seized the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the aforesaid Dionise And afterwards and before the aforesaid time in which it is supposed the taking of the Cattel aforesaid to be done that is to say the aforesaid 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid the aforesaid Dionise at Sutton aforesaid dyed And the aforesaid Ann him overlived and was and yet is of the aforesaid Annuity or yeerly Rent of 20. pound seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by a whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid and within the space of 40. dayes then next following were not paid to the said Ann but were behind the aforesaid George Mason and Francis Easterley as Bayliffs of the said Ann do acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. As in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver whereupon as at first they demand Judgement and Retorn of the Cattel aforesaid with their Damages Costs and Expenses by them about their Sute in this behalf put unto according to the form of the Statute in such case had and provided to be adjudged unto them c. And upon this the aforesaid John Kettel prayeth That the Writing of Confirmation of the Annuity aforesaid be inrouled in these words c. And it is inrouled in this form as followeth ss To all Christian People to whom this present Writing shall come Thomas Mayow of Sutton Atthone aforesaid in the County of Kent Gentleman and Dionise Mayow Son and Heir Apparent of the said Thomas Mayow of Bernards Inn in the County of Middlesex Gentleman greeting in our Lord God everlasting Knâ—w yee We the aforesaid Thomas and Dionise to have given granted and in this our present Writing confirmed to Ann Maxey of Chigwell in the County of Essex for and in Consideration of a certain Mariage to be had and solemnized Between the aforesaid Dionise Mayow and Ann Maxey foresaid one yeerly Rent or Annuity of 20. pound of lawful Mony of England of all our or either of our Lands and Tenements in Sutton Atthone aforesaid and Wilmington in the County of Kent aforesaid To have and perceive the said yeerly Rent or Annuity of 20. pound aforesaid of the aforesaid Lands and Tenements with their Appurtenances to the aforesaid Ann and her Assignes for the term of the life of the aforesaid Ann at the Feasts of the Annuntiation of the blessed Mary the Virgin and Saint Michael the Archangel by equal portions yeerly to be perceived And if it happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said it ought to be paid within 40. dayes after any of the a-aforesaid Feasts in part or in all to be behind and unpaid That then it be lawful to the aforesaid Ann and her Assignes into the aforesaid Lands and Tenements to enter and distrein and the distresses there found and taken to carry away lead drive and with them to keep untill of the aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any were to them it be satisfied and paid of which yeerly Rent or Annuity we have put the aforesaid Ann Maxey in full possession and seizin by paying of one penny of lawful Mony of England c. In witnesse whereof we the aforesaid Thâ— Mayow and Dienise Mayow to this our present Writing our Hands and Seals have put Dated the 30th day of May in the yeer of the Reign of our Lady Elizabeth by the Grace of God oâ— England France and Ireland Defender of the Faith c. the 19th Which being Read and Heard The said John Kettel saith That the Plea aforesaid by the aforesaid George and Francis above to the Bar of the said John Kettell aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contained is not sufficient in Law to the taking of the Cattel aforesaid in the place aforesaid in which c. justly acknowledged to which the said John Kettell needeth not or by the Law of the Land is any wayes bound to Answer Wherefore for want of a sufficient Plea in this behalf the same John as at first demandeth Judgement and his damages aforesaid by the occasion aforesaid to be to him adjudged c. And the aforesaid George Mason and Francis Easterley say that the plea aforesaid by them the said George and Francis above unto the Bar of the aforesaid John Kettell aforesaid to the Conusance aforesaid in maÌ„ner form aforesaid above pleaded the matter in the same coÌ„tained is good and sufficient in Law to the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged Which Plea the matter therein conteined the said George and Francis are ready to aver and prove as the Court c. And because the aforesaid John Kettell to that Plea doth not Answer nor the same as yet any wayes denyeth The said George and Francis as at first demand Judgement and Retorn of the Cattel aforesaid together with their damages according to the form of the Statute in such case late had and provided to them to be adjuged And because the Court of the Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised day is given to the parties aforesaid before the Lady the Queen until from the day of Easter 15. dayes wheresoever c. to hear their Judgemen of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Quen that now is here of giving their Judgement of upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen in the Morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin came the parties aforesaid by their Attornies aforesaid And because the Court of the Laâ—y the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the
Lady the Queen in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth at the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the said Lady the Queen until the Morrow of All Souls at the Town of Saint Alban aforesaid At which day before the Lady the Queen at the Town of Saint Alban aforesaid cometh as well the said John Kettel by his Attornies aforesaid as the aforesaid George Mason and Francis Easterley in their proper persons And because the Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the Lady the Queen in 8. dayes of Saint Hillary wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Lady the Queen at WESTMINSTER aforesaid at the aforesaid 8. dayes of Saint Hillary At which day before the Lady the Queen at VVESTMINSTER come as well the aforesaid John Kettell by his Attornie aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons and because the Court of the said Lady the Queen that now is here of giving their Judgment of and upon the premises is not yet avised day farther is given to the parties aforesaid before the Lady the Queen from the day of Easter 15. dayes wheresoever c. to hear their Judgment of and upon the premises because the Court of the Lady the Queen here thereof not yet c. at which day before the Lady the Queen at Westminster cometh aswell the aforesaid John Kettle by his Attorny aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons And upon this all and singular the premises by the Court of the said Lady the Qeen that now is here being seen and matute deliberation thereof being had Because it seemeth to the Court of the Lady the Queen that now is here that the plea aforesaid by the aforesaid George and Francis to the Bar of the aforesaid John Kettle aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contayned is good and sufficient in Law Therefore it is granted that the said John Kettle take nothing by his writ aforesaid and that he and his Sureties for his false clamor aforesaid thereof be in mercy c. and the aforesaid George Mason and Francis Esterly thereof go without day c. and have Retorn of their Cattel aforesaid to be holden by them irreplegiable for ever And further according to the form of the Statute in such case late had and provided it is granted that the aforesaid George Mason and Francis Easterly recover against the aforesaid John Kettle their damages which they have susteined as well by the occasion of the premises as for their Costs and charges by them about their sute in this behalf expended But because to the said Court of the said Lady the Queen that now is here It is unknown what damages the said George and Francis in this behalf sustained It is commanded to the Sheriff that by the Oath of good and lawfull men of his Baâ—liftwick he diligently enquire what damages the aforesaid George and Francis have susteyned and the Enquire which c. to the Lady the Queen in the morrow of the Holy Trinity whensoever c. under Seal c. and the Seals c. he send together with the Writ of the said Lady the Queen thereof to him directed The same day is given to the said George and Francis c. At which day before the Lady the Queen at Westminster cometh the aforesaid George and Francis in their proper persons And the Sheriff that is to say Michael Sands Esquire at that day Certified that the Cattel aforesaid before the Receiving of the Writ aforesaid were esloined to places to the said Sheriff unknown by the within named John Kettel so that the Cattel to the aforesaid George and Francis Esterley he cannot retorn irreplegiable as to the said Sheriff by the Writ aforesaid it was commanded And further the said Sheriff certified an Enquiry before him the 8th day of June in the 36th yeer aforesaid at Dedford Strand in the County aforesaid by the Oaths of 12. and lawful Men of his Baliwick taken by which it is found That the aforesaid George Mason and Francis susteined damages by the occasion of the premises above their costs and chages by them about their Sute in this behalf expended to 40. shillings and for their costs and charges to 2. pence Therefore it is granted That the aforesaid George Mason and Francis Esterley recover against the aforesaid John Kettell their damages aforesaid by the Inquisition aforesaid in form aforesaid found As also 9. pound to them the said George and Francis for their costs and charges aforesaid by the Court of the Lady the Queen here of Encrease adjudged which damages here in the whole do amount to 11. pound and 2. pence And the aforesaid John Kettell in mercy And further it is commanded to the Sheriff that of the Cattel of the said John Kettell in his Bailiwick to the value of the Cattel aforesaid which to the aforesaid George and Francis were adjudged he take in Withernam And them to the aforesaid George and Francis cause to be delived to be kept by them until the Cattelâ— of them the said Goorge and Francis in the said Court first adjudged can be delivered c. REPLEVIN Easter Term Anno 36. of Elizabeth Rot. 731. in the COMMON-PLEAS C. 2. part Bettiworths Case fol. 27 a. THomas Bettisworth was summoned to Answer to John Hayward of Sussex a Plea wherefore he took the Cattel of the said John and them unjustly deteined against Gages and Pledges c. And whereupon The said John by John Comber his Attorny complaineth That the aforesaid Thomas the 28th day of October in the yeer of the Reign of the Lady the Queen that now is the 19th at Ipping in a certain place called â—â—ynolds took the Cattel that is to say Two Cows of the said John and them unjustly deteined against Gages until c. And whereupon he saith that he is the worse and hath damage to the value of 10. pound c. And thereof he bringeth Sute c. And the aforesaid Thomas by John Trot his Attorny cometh and
of the Tenements aforesaid with the Appurtenances whereof to one William Bettisworth his Heirs and Assigns for ever And further the Jurors say upon thier Oath aforesaid that immediatly after the sealing and delivery of the Deed of Feoffment aforesaid possession and seisin upon that Deed of Feoffment was gâ—ven and delivered by the aforesaid Iohn Bettisworth to the aforesaid William Bettisworth in and upon the aforesaid Close called Raynolds in which c. neither the aforesaid John Hayward nor any other at the said time of the delivery of the said possession or seisin of the said Close being By virtue whereof the said William Bettisworth into the Tenements aforesaid with the Appurtenances whereof c. entred and thereof was seized as the Law requireth And the Jurors further say upon their Oath aforesaid That the aforesaid John Hayward at the time of the giving and delivery of the possession and seisin in the Close aforesaid was in the Messuage and the Residue of the Tenements aforesaid by virtue of the Lease aforesaid to him made and that afterwards and before the time in which c. the aforesaid John Hayward into the aforesad Close called Raynolds with the Appurtenances in which c. re-entred claiming the same Close to the Lease aforesaid to him in form aforesaid made And further the Jurors say upon their Oath aforesaid That afterwards before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th the said John Bettisworth at Ipping aforesaid dyed without issue of his Body begotten And that the aforesaid Thomas Bettisworth is his Brother next Heir But whether upon the whole matter aforesaid in form aforesaid found â—he possession and seisin in manner and form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which c. be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid close called Raynolds in which c. the Jurors are utterly ignorant and thereof they pray the advice of the Justices here of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Justices of the Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynoldâ— in which c. with the Appurtenances c. Then the Jurors aforesaid say upon their Oath aforesaid That the said John Bettisworth did not dye seized of the Reversion of all the Tenements within written with their â—ppurtenances c. nor of the Rents within written seized as the said John Hayward within for him allegeth And then they assesse damages of the said John Hayward for the ocasion within writteh above his costs and charges by him the said John Haward about his Sute expended to 4. pence and for his costs and charges to 2. pence But if upon the whole matâ—er aforesaid in form aforesaid found It shall seem to the said Justices of the said Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which be not nor in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynolds in which c. Then the Jurors say upon their Oath aforesaid That the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof and of the Rents aforesaid seized as the said Thomas Bettisworth within for him allegeth And then they assesse damages of the said Thomas Bettisworth for the occasion within written above his costs and charges mentioned about his Sute expended to 4. pence and for his costs and charges to 2. pence And because the justiceâ— here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the Justices here thereof not yet c. At which day here come as well the aforesaid John Hayward as the said Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John John Hayward as the aforesaid Thomas Bettisworth 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 day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth 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 iâ— given to parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John as the aforesaid Thomas by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It is granted that the aforesaid John take nothing by
within the Borough aforesaid there is and time whereof the Memory of Man is not to the contrary there was a Usage and Custom That the Mayor and 12. chief Burgesses of the same Borough stood and were of the private Council of the Borough aforesaid and 24. of the other most discreet Burgesses of the Borough aforesaid for the time being to this chosen and sworn stood and were together with the aforesaid Mayor and 12. Chief Burgesses of Common Council of the Borough aforesaid for the regulating and government of the same Borough And that every such Burgesse who was chosen into the fellowship of the 24. Burgesses of the Common Council aforesaid before he was to be admitted to the said fellowship should take corporal Oath before the Mayor of the same Borough for the time being that he should carry himself well and honestly as well towards the Mayor of the Borough aforesaid for the time being and to them from time to time should shew Reverence and that he should maintein and uphold the Liberties and common Profit of the Borough aforesaid with his best Counsel and Advice And further we Certifie That every one of the aforesaid 12. Chief Burgesses from time to time chosen should be preferred by the Mayor of the Borough aforesaid or the rest of the aforesaid 12. Chief of the Burgesses or by the greater part of them for the time being only without the consent or assent of the aforesaid 24. the other Burgesses who are as before is said of the Common Counsel of the Borough aforesaid to this required And further we Certifie That the aforesaid James Bagg the first day of May in the yeer of the Reign of the Lady Elizabeth late Queen of England the 32th was duly chosen and appointed one of the aforesaid 24. of the Burgesses of the Common Council of the Borough aforesaid then being and the said first day of May in the 32th yeer aforesaid at Plymouth aforesaid took Corporal Oath before the Mayor of the Burrough aforesaid according to the antient Custom aforesaid That he the said James would carry him well honestly as wel towards the Mayor of the Borough aforesaid for the time being as towards the other 12. chief Burg. of the said Borough for the time being and to them from time to time would shew Reverence and the Liberties and Common profit of the Borough aforesaid would maintain and uphold with his best Counsel and advise And further to the Lord the King we Certifie That the aforesaid Borough of Plymouth is situate so neer to the shore and Sea Coasts That by reason thereof and by reason of the daily meeting there of Ships and Vessels there coming as well from the parts beyond the Seas as from elsewhere many ill minded men as well Allens within born of evil and perverse conversation contemners of good Government and disturbers of the Peace in the Ships and Vessels aforesaid thither coming in the Borough aforesaid and within the Liberties and Precincts of the same staying and remaining are daily found who can hardly be there brought to the obedience of good Rule and Government unlesse the Authority of the Mayor of the Borough aforesaid for the time being and of the other Chief Burgesses aforesaid with due reverence of the other Burgesses and Inhabitants of the said Borough be fortified and the Persons of the said Chief Burgesses and of the Mayor from the contempt of the vulger be preserved And further to the said Lord the King we certifie That the aforesaid James Bagge not ignorant of the premises little regarding his Oath aforesaid and the Authority as well of the Mayor of the Borough aforesaid for the time being as his late Predecessors aforesaid as the other the Chief Burgesses of the Borough aforesaid setting naught by and labouring and intending to bring the same Authority into contempt The first day of May in the yeer of the Reign of the Lord the King that now is the 6th the said James being then one of the Common Counsel of the Borough aforesaid and one of the Chief Burgesses of the same Burough in the presence of one Robert Trelawny then being Mayor of the Burrough aforesaid and of many other of the Inhabitants of the Burrough aforesaid at Plymouth aforesaid within the Burrough aforesaid contemptuously and malapartly carried himself as well in gesture as in words toward the Mayor aforesaid and then and there to the aforesaid Robert Trelawny contemptuously and scoffingly without any reasonable cause these words following openly and publickly said and spake that is to say You the aforesaid Robert Trelawney intending are some Prince are you not And further to the said Lord the King we certifie That afterwards that is to say the first day of February in the yeer of the Reign of the Lord the King that now is the 7. the aforesaid James Bagge continuing his evil disposition and intention aforesaid at Plymouth aforesaid in the presence and hearing of the aforesaid Robert Trelawny then being a Justice of the Peace of the aforesaid Lord the King within the Burrough aforesaid to be kept by reason of Mayrolty of the Burrough aforesaid the yeer then last past by virtue of the Letters Patents aforesaid and in the presence and hearing of very many other of the Inhabitants of the Burrough aforesaid openly publickly and with a loud voice without any reasonable cause these words following contemptuously falsly and scandalously said and spake that is to say you the aforesaid Trelawny intending are a Cosening Knave whereas in truth the said Robert Trelawny all his life time honestly and from all suspition of any falsity fraud or deceit lived altogether unspected and in the Offices as well of the Mayriolty as of Chief Burgesse of the Burrough aforesaid with praise carried and governed himself And further to the said Lord the King we do Certifie That the 20th day of November in the yeer of the Reign of the said Lord the King that now is the 7th The aforesaid James Bagge continuing his evil disposition and intent aforesaid at Plymouth aforesaid seditiously and malitiously stirred up and perswaded one Thomas Shervil then being of the Chief Burgesses of the Burrough aforesaid That he the said Thomas would joyn himself with the aforesaid James Bagge in a conspiracy to amove and depose One John Battersby then being Mayor of the Burrough aforesaid from his Office of Mayriolty without any reasonable or lawful cause and then and there malitiously and contemptuously spake to the aforesaid Thomas Shervill of the aforesaid Thomas Battersby these words following that is to say Master Mayor the aforesaid John Battersby intending carrieth himself foolishly in this place And if you will joyn with me we will turn him out of his Mayriolty and choose a wiser Man in his place Whereas in truth the aforesaid John Battersby during the whole time of his Mayriolty aforesaid in the executing of his Office aforesaid carried himself well and discreetly and with great
the Queen that now iâ— to serve in his Office aforesaid By virtue of which License of the said Lady the Queen to the aforesaid Mark as afore is said the said Mark by the whole time of his absence specified in the Inquisition aforesaid And 〈◊〉 the â—â—â— Mark for further shewing of his Right saith That he now is and alwâ—â—â—â—om the aforesaid time of removing him from the Exercising of his Offiâ—â— aforesaid was ready and often time offered himself to serve in his Office aforesaid And that as yet from the time of the License of the said Lady the Queen of absenting himself to the said Mark made the said Lady the Queen that now is had not commanded him to serve in his Office aforesaid Without that that the said Lady the Queen that now is hath any other Right or Title in or to the Office aforesaid than as before above it is alleged And without that That there is any such Record besides the Record of the Inquisition aforesaid which makes or shewes or can make or set forth any Title of the said Lady the Queen that now is in or to the Office aforesaid All and singular which the said Mark is ready to aver as the Court here shall award and therefore he demandeth Judgement and that to the possession and exercising of his Office aforesaid together with the Wages and Fee aforesaid and to the issues and profits to the said Office due and belonging from the time of his removing from the said exercising of his Office aforesaid be restored c. And Gilbert Gerrard Attorny General of the Lady the Queen that now is who prosecuteth for the said Lady the Queen in this behalf saith That by any thing by the said Mark Steward above in pleading alleged The said Lady the Queen of her Right and Title in or to the Office aforesaid ought not to be barred Because he saith That the said Lady the Queen did not give License to the said Mark to absent himself from the exercising of his Office aforesaid at the pleasure of him the said Mark until he were Commanded by the said Lady the Queen to serve in his said Office aforesaid in manner and form as the aforesaid Mark in his shewing of his Right to the Office aforesaid above alleged And this the said Attorny of the said Lady the Queen that now is for the said Lady the Queen prayeth it be enquired of by the Country And the aforesaid Mark likewise Therefore day is given before the said Lady the Queen that now is in the Morrow of the Ascension of our Lord wheresoever she should be in England to do and receive what was just in the premises And it is commanded to the Sheriff of Middlesex That he cause to be here before the Lady the Queen at that day 12. good and lawful men of the Vicinage of the City of Westminster who are not of Kindred or Affinity of the said Mark To Recognize upon their Oath more fully the truth of the premises At which Morrow of the Ascension of our Lord before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Geâ—rad who prosecutes c. as the aforesaid Mark Steward by John Manning his Attorny And the Sheriff retorns the names of 12. whereof none c. Thtrefore it is commanded to the Sheriff That he do not omit c. but that he destrein them by all their Lands c. And that of the Issues c. And that he have their Bodies before the Lady the Q. in 8. dayes of the Holy â—rinity wheresoever c. To Recognize in form aforesaid c. And the same day is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward c. At which 8. dayes of the â—oly â—rinity before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And the Jurors of the Jury aforesaid being called likewise come And upon this publick Proclamation is made for the Lady the Queen as the use is That if there be any one who will inform the Justices oâ— the Lady the Queen here the Serjeant at Law of the Lady the Queen or the Attorny General of the Lady the Queen or the Jurors aforesaid oâ— the premises that he come and should be heard And Edward Anderson one of the Serjeants of the Lady the Queen at Law to do this offered himself By which it is proceeded to the taking of the Jury aforesaid by the Jurors aforesaid now there appearing who to say the truth of the premises chosen tryed sworn say upon their Oath That the Lord Philip and the Lady Mary late King Queen of England by their Letters Patents under the Great Seal of England made bearing date at Westminster the 23th day of September in the yeers of the Reigns of the said late King and Queen the 3d. and 4th Gave and granted to the said Mark the Office of Serjeant at Arms attending upon their Chancellor of England for the time being and made him the said Mark their Serjeant at Arms aforesaid made Ordained and Constituted by the said Letters Patents for the term of his life To have and enjoy the said Office to him the said Mark for the term of his life And moreover the said late King and Queen gave and granted by the Letters Patents aforesaid for them the Heirs and Successors of the said Queen for the exercising and holding of the Office aforesaid the Wages and Fee of 12. pence per diem To have hold and perceive yeerly the said Wages and Fee of 12. pence the day to the said Mark for the term of his life of the issues and profits of their Hamper of their Chancery by the Hands of the Clerk or Keeper of the said their Hamper and the Heirs of the aforesaid late Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any way anciently belonging due and accustomed And the said Mark Steward brings here in Court the Letters Patents aforesaid which followes in these words Philip and Mary by the Grace of God King and Queen of England Spain France both Cicilies Jerusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgondy Milain and Brabant Earl of Haspurge Flanders and Tiroll c. To All to whom these present Letters shall come Greeting Whereas our most dear Brother Edward late King of England the 6th by his Letters Patents made under the Great Seal of England bearing date at Greenwich the 8th day of April in the 4th yeer of his Reign of his special Grace certain Knowledg and meer Motion as also with the Advice and Consent of his Council had given and granted to his well-Beloved Richard Hatchman Gentleman the Office
of his Serjant at Arms Attendant upon his Chancellor of England for the time being and had made Ordained and Constituted by his said Letters Patents him the said Richard his Serjeant at Arms for the term of his life And moreover by his said Letters Patents had given and granted to the aforesaid Richard Hatchman for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have hold and receive yeerly the said Wages and Fee of 12. pence by the day for the term of his life from the time of the death of his Serjâ—â—nt at Arms which should next dye of the issues and profits of the Hamper of the Chancery eâ—â—her by the Hands oâ— the Clerk or the Keeper of the said his Hamper for the time being at the Feasts of Saint Michael the Archangel and Easter by equal portions yeerly to be paid with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed as by the said Letters Patents more fully appeareth And because the said Richard Hatchman is now willing to deliver up the aforesaid Letters Patents in our Chancery to be cancelled Which Letters Patents there now are cancelled as we have certain Knowledge to the intent that we would be gratiously pleased to grant to our well Beloved Mark Steward Gentleman other Letters Patents of the premises We therefore taking Consideration of the premises Of our special Grace certain Knowledge and meer Motion have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen do give and grant to the said Mark Steward the aforesaid Office of our Serjant at Arms Attendant upon our Chancellor of England for the time being And him the said Mark our Serjeant at Arms do make Ordain and Constitute by these presents To have and enjoy the said Office to the said Maâ—k Steward for the term of his life And moreover we have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen we do give and grant to the aforesaid Mark Steward for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have enjoy and perceive yeerly the said Wages and Fee of 12. pence by the day to the aforresaid Mark for the term of his life of the issues and profits of our Hamper of our Chancery by the Hands of the Clerk or Keeper of the said our Hamper and the Heirs of our said Lady the Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed c. Although the certain expresse mention of the premises or any of them or of other gifts or grants by us or by any of our Progenitors to the aforesaid Mark Steward before this time made in the premises there is not made or any Statute Act Ordinance Provision or any other thing cause or matter whatsoever in any thing notwithstanding In Witnesse whereof these our Letters we have caused to be made Patents Witnesse our selfs at Westminster the 23th day of September in the yeer of our Reigns the third and 4th By Colour of which Letters Patents the said Mark Steward well and truly to execute the said Office was sworn And further the said Jurors say That the last day of November in the year of the Reign of the Lady the Queen that now is the 11th The said Lady the Queen at the humble Petition and request of the Right Honourable â—ord the Earl of Leicester and Robert Huyck Doctor of Physick granted that the said Mark Steward might absent himself from the exercising of his Office of Sergeant at Arms Attendant in his proper person upon her Chancellour of England for the time being during the good pleasure oâ— the said Mark until the said Lady the Queen should command him to serve in his Office aforesaid as by the deposition of the said Robert â—uyck and by a certain Letter under the proper hand writing of the said Earl of â—eicester which we found to be true in these English words following here unto the Court to the Jurors aforesaid in evidence given and shewed it more fully appeareth The Deposition of which Robert Huyck followeth in these words That is to say I was an humble Suter unto her gracious Majesty about ten years past that she would licence Mark Steward Serjeant at Arms Attendant upon the then Lord Keeper to give off his attendance in his own person to the end he might withdraw himself into the Country to play the good husband in his own house so long only as she should permit him and not recall him to his former attendance and the Office should be served otherwise to her Majesties contentation and the Lord Keepers well liking the which my Suâ—e she did very graciously grant me And after that upon the Lord Keepers praising Augustine Steward I commended him to the Queen as one very fit to discharge his brothers absence with his attendance I did sue to my Lord of Leicester and divers other of the Lords to speak in my behalf for the furtherance of the sute so in the end the Queen said I do like well and am right well content that Mark Steward do cease from his Waiting untill We shall Resolve otherwise And if his Brother be found sit he shall serve in his place during the time of his absence which Letter subscribed under the proper hand writing of the said Earl of Leicester followeth in these words To my very good Lords the Lord Chancellor and the Lord Chief Justice of England and to either of them ss After my most hearty commendations to your Lordships This Bearer Mark Steward hath earnestly besought me to advertise your Lordships of my knowledge touching her Majesties leave for the said Stewards not attendance to his Office of Sergeant-ship Wherein this is very true that about Michaelmass as I take it in the 10th year oâ— her Majesties Reign the Court being then at Windsor Mark Steward both himself and his friends for that he had a desire to remain in the County earnestly travelled with me to be his mean for the obtaining of her Majesties good leave and favour that without any prejudice for not attending he might at his pleasure so do and for the supplying of his place which he had to serve about the late Lord Keeper of the Great Seal as Serjeant at Arms he acquainted me with the good liking and contentation my said Lord Keeper had to have a Brother of his to attend in his place To which also I gave my best furtherance afterwards Whereby her Majesty pleased both to grant her favourable License to Mark Steward for his absence and to allow his brother to supply his place who was accordingly
sworn therein and many years served the place Thus much being on my own knowledge to be true at his humble and earnest sute I thought good to advertise your Lordships and so do bid your Lordships farewell from the Court the 21th day of May 1579. your Lordships loving Friend R. Leicester And the Jurors further say That the aforesaid Augustine Steward brother of him the said Mark the 6th day of January in the 11th year abovesaid at Hampton Court in the County of Middlesex by the said Lady the Queen was admitted ordained and constituted to attend in the place and room of him the said Mark his brother upon Nicholas Bacon Knight then being Lord Keeper of the Great Seal of England and to the said Office for in the place and room of him the said Mark well and faithfully to exercise and execute then and there in the presence of the said Lady the Queen was sworn as by the Deposition of the said Augustine Steward which followeth in these words we finde to be true After Christmass and before Hillary Term in the 11th year of her Highness Reign on a Sunday or Holiday her Majesty coming from the Closet at Hampton Court was moved by the Right Honourable deceased Earl of Pembroke for the instituting of Augustine Steward Sergeant at Arms to attend upon the Lord Keeper To whom her Majesty answered My Lord he is not to have his brothers Office but is to be appointed only to attend in his place for him at such time as his brother shall be absent her Majesty making then relation of her favourable License already granted to Mark Steward to abide in the Country and to absent himself from her service at his pleasure until he should by her Majesty be called again to his attendance upon the said Lord Keeper And then the said Augustine was sworn to attend as is above specified By colour of which the said Augustine Steward in the absence of him the said Mark Steward his brother the aforesaid Office of Sergeant at Arms attendant upon the Chancellor of England from thence until the 20th day of June in the year of the Reign of the said Lady the Queen that now is the 18th used and executed But whether the said Lady the Queen by word only without Writing sealed can give sufficient License in Law to the said Mark Steward to absent himself from the exercising of his Office aforesaid the Jurors aforesaid are utterly ignorant and thereof pray the ayd and advise of the Court here in the premises And if upon the whole matter aforesaid it shall seem to the Court of the Lady and Queen here That the said Lady the Queen that now is can by word only without her writing sealed give sufficient License in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the said Jurors say That the said Lady the Queen that now is gave Licence to the said Mark Steward to absent himself from the exercise of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid in manner and form as the said Mark above in pleading alledged And if upon the whole matter aforesaid It shall seem to the Court of the Lady the Queen here That the said Lady the Quâ—en cannot by word only without her Writing sealed give sufficient license in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the Jurors aforesaid say That the said Lady the Queen did not give license to the said Mark to absent himself from the exercising of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised c. Therefore day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until in 8. dayes of Saint Michael before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Michael before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof are not yet avised c. Therefore further day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until from the day of Saint Martin 15. dayes before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Martin before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the said Mark Steward by his Attorny aforesaid Upon which all and singular the premises being seen and fully understood by the Court here and mature deliberation being had thereof the Queens Serjeant at Law and the Attorny General of the said Queen being called to it and present It was awarded That the said Office of Serjeant at Arms holden in the Hands of the said Lady the Queen be restored to the said Mark And that the said Mark Steward to the exercising and holding of his Office aforesaid from which he was amoved together with the Wages and Fees thereof to the said Office due and belonging from the time of his amoving from the exercising of his Office aforesaid hitherto received and with-holden be restored c. Saving the Right of the Queen if any c. TRESPAS Hillary Term Anno 41. Elizabeth Rott 1049. in the COMMON-PLEAS C. â— part Corbets Case fol. 77. b. ROwland Corbet late of Stokefaston in the County aforesaid Esquire was Leicest attached to answer to Arthur Corbet Gentleman of a Plea wherefore with force and Arms the Close of the said Arthur at Stokefaston aforesaid he broke and his Grasse there to the value of 10. pound growing with certain Cattel Fedd Trod and Consumed and other harms to him did to the great damage of the said Arthur and against the Peace of the Lady the Queen that now is c. And whereupon the said Arthur by Lawrence Lyter his Attorny complaineth That the said Rowland the 20th day of June in the yeer of the Reign of the Lady the Queen that now is the 40th with Force and Arms c. the Close of him the said Arthur at Strokefaston broke and his Grasse there to the value c. there then growing with certain Cattel that is to say with Horses Cows Hoggs and Sheep fed trod and consumed and other harms c. to the great damage c. and against the Peace c. Whereupon he saith that he
of the aforesaid Arthur in manner and form aforesaid above by Replication pleaded is not sufficient in Law to maintain the said Arthur to have his Action aforesaid against him and that he to that Replication in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver Wherefore for want of a sufficient Replication in this behalf The said Rowland demandeth Judgement and that the aforesaid Arthur from having his Action aforesaid against him be barred c. And the aforesaid Arthur in as much as he sufficient matter in Law to have and maintain his Action aforesaid against the said Rowland above by Replication hath alleged which matter the aforesaid Rowland doth not deny nor to the same any wayes answereth but that averment utterly refuseth to admit as at first demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of the Purification of the blessed Mary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties here until from the day of Faster 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judement thereof Day is given to the parties here in 8. dayes of Saint Michael to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid and upon this the Plea aforesaid being seen as also the Plea of the aforesaid Arthur above by Replication pleaded and by the Justices here fully understood It seemeth to the same Justices here that that Plea in manner and form aforesaid pleaded is not sufficient in Law to maintain the said Arthur to have and maintain his Action aforesaid against the aforesaid Rowland Therefore it is granted That the aforesaid Arthur take nothing by his Writ aforesaid but be in Mercy for his false clamour and that the aforesaid Rowland thereof go without day c. Afterwards that is to say the 30th day of Aprill in the yeer of the Reign of the said Lady the Queen that now is the 42th The Record and Processe of the Plaint aforesaid with all the same by virtue of a Writ of the said Lady the Queen for Correcting Errors whose date is at Westminster the 12th day of Aprill in the 42th yeer aforesaid to Edmond Anderson Knight directed and the aforesaid Defendant touching before the said Lady the Queen wheresoever c. are sent c. TRESPAS Easter Term Anno 21. ELIZABETH Rot. 58. in the KINGS-BENCH C. 1. part Shelleys Case fol. 88. b. MEmorandum That at another time That is to say in Hillary Term Sussex last past before the Lady the Queen at Westminster came Nicholas Wolfe by Nicholas Mosley his Attorny And brought in the Court of the said Lady the Queen then there his Bill against Henry Shelley Esquire of a Plea of Trespass are Pledges of Sute that is to say John Doo Ric. Roo which Bill followeth in these words that is to say ss Sussex ss Nicholas Wolfe complaineth of Henry Shelley Esquire in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Lady the Queen her self being of that That he the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is of England the 20th with force and Arms c. The Close and House of him the said Nicholas called Barhamwick otherwise Barhamweek at Augmering in the County aforesaid broke and entred and his grass there to the value of 100. Marks there late growing with certain Cattel that is to say Horses Oxen Cows Hoggs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said Nicholas 100. pound and thereof he bringeth Sute c And now at this day that is to say Wednesday next after 18. dayes of Easter this Term until which day the said Henry Shelley had leave to the Bill aforesaid to imparl and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid Nicholas Wolfe by his Attorny aforesaid as the aforesaid Henry Shelley by Richard Best his Attorny and the said Henry doth defend the force and injury when c. And saith He is not thereof guilty And of this puts himself upon the Country And the said Nicholas likewise c. Therefore a Jury thereof is to come before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity And who neither c. To Recognize c. Because as well c. Afterwards the Processe thereof is continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until the day of June next after 3. Weeks of Easter then next following for default of Jurors c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And the Jurors of the Jury aforesaid being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That long before the time of the Trespass supposed to be done The Lord Henry late King of England the 8th Father of the Lady the Queen that now is amongst other things was seized of the Tenements aforesaid with the Appurtenances in the Declaration aforesaid above specified in his Demesn as
all and singular the said Mannors except before excepted and that the said Writ shall be brought and sued against him the said Edward Shelley of all and singular the said Manors and Premises except before excepted by the name of the Manor of Worminghurst Barhamwick and Fyndon with the Appurtenances and by the name of 30 Messuages 10. Tofts one Water-mill 2. Culver-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Firzes and Heath and eight pound 10 s. of Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wyginholt Storington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley and of the Advowson of the Church of Worminghurst and that the said Recovery had of all and singular the premises shall be suffered and had to the uses profits behoofs and intents hereafter specified and declared and to note other use or intent That is to say Of the said Mannor of Fyndon with the Appurtenances except the Park of Fyndon and except also all those Lands Tenements and Hereditaments in Fyndon aforesaid called or known by the name ef the Park of Fyndon the said Recovery thereof shall stand and be to the only use profit and behoof of him the said Edward Shelly and of the Heirs males of his body lawfully to be begotten and for lack of such issue to the use profit and behoof of the heirs Males of the body of John Shelley Esquire sometimes of Michael Grove deceased Father of the said Edward and of the heirs Males of the body of the said heirs Males lawfully begotten and for lack of such Issue to the use and behoof of the right Heirs of the said Edward Shelley for ever And of the said Manors of Worminghurst and Barhamwick with the Appurtenances and of the said Park of Fyndon and of all the said Lands Tenements and Hereditaments called or known by the name of the Park of Fyndon and of all and singular other the premises with the Appurtenances comprised or to be comprised in the said Writ of Entry and in the said recovery it is granted condescended and agreed between the said parties and the said Edward Shelley covenanteth granteth That the said Recovery thereof shall be suffered and had to the only use profit and behoof of them the said Edward Shelley and his Assigns for and during the term of the life natural of the said Edward Shelley without impeachment of or for any manner of waste and after the decease of the said Edward Shelley then to the only use profit and behoof of John Carrel and John Apsley of Thackham Esquires and Edward Darkenold of Slynford in the said County of Sussex Yeoman and of their Executors and Assigns for and during the term of 24. years next ensuing after the decease of the said Edward Shelley and after the 24. years ended then to the only use profit and behoof of the Heirs Males of the body of the said Edward Shelley lawfully begotten and for lack of such issue then to the use profit and behoof of the Heirs Males of the body of the said John Shelley sometimes of Michael Grove Esquire deceased father unto the said Edward Shelley and to the Heirs Males of the body of the said Heirs Males last before rehearsed lawfully begotten and for lack of such issue to the use profit and behoof of the right heirs of the said Edward Shelley for ever And the said Edward Shelley further Covenanteth Promiseth and granteth to and with the said Richard Cooper and William Martin That he the said Edward Shelley shall and will from time to time do suffer procure make and acknowledge and cause to be had done suffered procured and acknowledged at his own proper costs and charges All and every such act and acts thing and things as shall be devised or avised by the said Richard Cooper and William Martin or the survivor of them as well for the said recovery to be perfectly surely and lawfully had and executed of all and singular the said Mannors Lands Tenements and Hereditaments with the Appurtenances by the said Richard Cooper and William Martin to the uses purposes and intents in these Indentures specified declared and contained as also for the further surety establishment execution perfecting and continuance of all and every the said uses estates and other the premises to be and go according to the Covenants promises Articles and Agreements in these present Indentures contained In witness whereof the parties abovesaid to these present Indentures interchangeably have set their Seals the day and year first abovesaid And the Jurors aforesaid further say upon their Oath That the Tenements aforesaid in the Indenture aforesaid excepted are not the Lands Tenements in the Declaration abovesaid specified And that the aforesaid Edward Shelley so being thereof seized The aforesaid Richard Cooper and William Martin the 20th day of September in the year of the Reigns of the said late King and Queen the first and second abovesaid out of the Court of the said late King and Queen of their Chancery at Westminster in the County of Middlesex sued forth a Writ of the said late King and Queen to the then Sheriff of Sussex directed against the said Edward Shelley By which Writ it was commanded the said Sheriff of Sussex That he command the aforesaid Edward Shelley that justly and without delay he render to the aforesaid Richard Cooper and William Martin the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill two Dove houses thirty Gardens 400. Acres of Land 60. acres of Meadow 400. acres of Pasture 120. acres of Wood 500. acres of Firzes and Heath and 8 l. 10 s. Rent with the appurtenances in Fyndon Wominghurst Barhamwick Patching Estangmering Westangmering Wighenhold Storington Ashington Greensted Ashurst Stering Weston Thackham and Shipley And also the Advowson of the Church of VVarminghurst which he claimeth to be his Right and Inheritance And in which the said Edward had not Entry But after Disseisin with Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past as they said And whereupon they complained That the aforesaid Edward them Deforced c. And unlesse he should do it And the aforesaid Richard and William him the said Sheriff secured for the prosecuting of his claim Then he summon the aforesaid Edward that he be before the Justices of them the said late King and Queen at Westminster in 8. dayes of Saint Michael then next insuing to shew wherefore he had not done it and to have there the Summons the Writ aforesaid At which 8. dayes after Saint Michael before the Justices of the said late King and Queen come the aforesaid Richard Cooper and William Martin by John Bish their Attorny And the Sheriff that is to say Thomas Saunders Knight retorned that Richard and William found to
from thence next following fully to be compleated By virtue of which Demise The said Nicholas into the Tenements aforesaid with the Appurtenances entred and was thereof possessed until the aforesaid Henry Shelley now Defendant the aforesaid 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 20th aforesaid with force and Arms c. the Close and House aforesaid brake and entred and the Grasse aforesaid with his Cattel was eaten trodden and consumed in manner and form as the aforesaid Nicholas above against him declared And they pray the Advise of the Lady the Queen here And if upon the whole matter aforesaid found It shall seem to the Court of the Lady the Queen here That the Entry of the aforesaid Henry into the Tenements with the Appurtenances upon the possession of the said Nicholas be a good and a lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Henry is not guilty of the Trespass aforesaid in manner and form as the said Nicholas Wolfe now Plaintiff above in pleading hath alleged And if upon the whole matter aforesaid it shall seem to the Court of the Queen here That the Entry of the aforesaid Henry Shelley now Defendant into the Tenements aforesaid with the Appurtenances upon the possession of the aforesaid Nicholas be not a good and lawful Entry in Law Then the Jurors say upon their Oath That the aforesaid Henry Shelley now Defendant is guilty of the Trespass aforesaid in manner and form as the aforesaid Nicholas Wolfe above against him complaineth And they assesse the damages of the said Nicholas by occasion of that Trespass above his Costs and Charges by him about his Sute in this part expended to 20. shil and for his costs and charges to 40. shil And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid until the Morrow of the Holy Trinity to â—ear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement is not yet avised of and upon the premises Day is given to the parties aforesaid before the Lady the Queen at WESTMINTER until Monday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at VVestminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here is not yet avised of giving their Judgement of and upon the premises Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster until Monday next after 18. dayes of Saint Hillary to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Wednesday next after 18. dayes of Easter to hear their Judgement thereof c. Because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid Upon which seen and by the Court of the Lady the Queen here all and singular the premises fully understood mature deliberation thereof being had For that it seemeth to the Court of the said Lady the Queen here upon the whole matter aforesaid in form aforesaid found That the aforesaid Entry of the aforesaid Henry Shelley now Defendant into the Tenements aforesaid with the Appurtenances upon the possession of the said Nicholas is a good and lawful Entry in Law Therefore it is granted That the aforesaid Nicholas Wolfe take nothing by his Bill aforesaid but for his false Clamour be in Mercy And the aforesaid Henry Shelley go thereof without day c. TRESPAS Michaelmasse Term Anno 27. 28. ELIZABETH in the KINGS-BENCH Rot. 58. Co. 1. part Albanyes Case fol. 107. MEmorandum That upon Saturday next after 8. dayes of Saint Michael Middles this Term before the Lady the Queen at Westminster came John Greendon Gentleman by William Goldsmith his Attorny and brought here in the Court of the said Lady the Queen there his Bill against Thomas Albany in the Custody of the Marshal c. of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss Middlesex ss John Greendon Gentleman complaineth of Thomas Albany in the Custody of the Marshal of the Marshalsey before the Queen her self being For that That he the first day of June in the yeer of the Reign of the said Lady the Queen that now is the 27th with force and Arms c. the Close of him the said John at Willesdon broke and entred and his Grass to the value of 10. pound there then growing with certain Cattel that is to say Horses Oxen Cows and Sheep fed trod and consumed and other harms to him did to the great damage of the said John and against the Peace of the Lady the Queen that now is whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof bringeth Sute c. And the aforesaid Thomas Albany cometh by Anthony Felton his Attorny and defendeth the force and injury when And as to the coming with force and arms and whatsoever is against the Peace of the said Lady the Queen that now is saith That he is not thereof guilty and of this puts himself upon the Country And the said John likewise c. And as to the rest of the Trespass supposed to be done The said Thomas saith ought not to have or maintain his Action against him because he saith That the place in which it is supposed the Trespass aforesaid to be done containeth and at the time in which c. did contain in it self 20. Acres of Pasture with the Appurtenaaces in Willesdon aforesaid and as to any Trespass in five
made for the term of his life by the aforesaid Miles Hitchcock where nothing of the said 15. acres of Pasture in the possession of the said John so passed into the said 15. acres of Pastures with the appurtenances before the time in which entred into the aforesaid 15. acres of Land with the Appurtenances re-entred and the grass there then growing with the Cattel aforesaid fed trod and consumed as it was lawfull for him to do And this he is ready to aver whereupon he demandeth Judgement if the said John Grendon his Action aforesaid against him ought to have or maintain c. And the aforesaid John Grendon aswell unto the aforesaid first Plea as to the aforesaid second Plea of the said Thomas Albany above in Bar pleaded saith That he for any thing in the said Pleas before alledged ought not to be barred from having his Action against the said Thomas Because he saith That in the aforesaid Deed of Feoffment of the aforesaid Francis Bunny in the Bar aforesaid above specified It was provided That if it should happen one Peter Penruddock to die without issue Male of his body lawfully begotten not leaving his wife with Child by him in the life of the said Francis That then and from thenceforth it should be lawfull for the said Francis at all times at his will during his natural life by his Writing Indented by him the said Francis to that intent made sealed and subscribed in the presence of four credible and honest Witnesses at the least to alter change determine diminish or to amplifie any use or uses limmitations intentions or purposes limited mentioned or appointed in and by the aforesaid Deed of Feoffment made by the aforesaid Francis Bunny as before is said or any use or uses of every of any part or parcel of the premises remainder or remainders rendition or renditions to any person or persons after the death of the said Francis as by the said Deed of Feoffment aforesaid it more fully appeareth And that afterwards and before the time in which c. that is to say The first day of May in the year of the Reign of the Lady the Queen that now is the 23th at Willesdon aforesaid the aforesaid Peter died without issue Male of his body lawfully begotten and at the time of his death had not any wife By which the aforesaid Francis afterwards and before the time in which c. that is to say the 20th day of March in the year of the Reign of the Lady the Queen that now is the 24th at Willesdon aforesaid By his Indenture between the aforesaid Francis of the one part and the aforesaid David Bunny of the other part sealed subscribed and delivered by him the said Francis to the aforesaid David Bunny in the presence of John Frome William Cuersie Thomas Waltham and John Gostles four credible and honest Witnesses which Indenture the aforesaid John Grendon with the seal of the aforesaid Francis sealed and with his hand underwritten here in Court brings whose date is the same 20th day of March in the year of the Reign of the said Lady the Queen that now is the 24th abovesaid changed the uses in the aforesaid Deed of Feoffment above expressed And by the same Indenture the said Francis Covenanted and agreed with the aforesaid David Bunny that from thenceforth the said Michael Hitchcock in the aforesaid Deed of Feoffment named and his Heirs and all others who then were or should be seized of the aforesaid 21. Acres of Pasture with the appurtenances in which c. should be seized to the use of the said John Grendon and his Heirs for ever as by the same Indenture more fully appeareth By colour whereof and by vertue of the Statute of transferring of uses in possession made the aforesaid John Grendon in the aforesaid 20. Acres of Pasture with the Appurtenances in which c. entred and was thereof possessed in his Demesn as of Fee until the said Thomas Albany the day and year abovesaid in the Bill aforesaid above specified the Close of the said John Grendon in the aforesaid 20. Acres of Pasture broke and his grass to the value c. then their growings with his Cattel aforesaid was fed trod and consumed as he above against him complaineth And this he is ready to aver Whereupon in as much as the aforesaid Thomas Albany doth acknowledge the Trespass aforesaid in the aforesaid 20. acres of Pasture with the appurtenances to be done The aforesaid John demandeth Judgment and his dammages by occasion of the Trespass aforesaid to be to him adjudged c. And the aforesaid Thomas Albany saith That well and true it is That in the aforesaid Deed of Feoffment of the aforesaid Francis Bunny It was Provided That if it should happen the said Peter Penruddock to dye without issue Male of his Body lawfully begotten not leaving his Wife with Child of a Son in the life of the said Francis that then and from thence forth it should be lawful to the aforesaid Francis at all times at his will during his natural life by his Writing by him the said Francis to that intent made in the presence of 4. Credible and Honest Witnesses at the least to alter change determine or amplifie any use or uses Limitations Intentions or purposes limited or appointed by the aforesaid deed of Feoffment by the said Francis Bunny as before is said made or the use or uses of any part or parcel of the premises Remainder or Remainders Reversion or Reversions limitted to any person or persons after the death of the said Francis And that afterwards and before the time in which c. the aforesaid Peter dyed without issue Male of his Body lawfully begotten the aforesaid Francis at the time of the death of the aforesaid Peter being in full life But the said Thomas Albany further saith That the said Francis in the life time of the said Peter Penruddock that is to say the first day of April in the yeer of the Reign of the Lady the Queen that now is the 23th at Willesdon aforesaid By a certain Writing indented made between him the said Francis of the one part and the aforesaid Miles Hitchcock and Tho. Albany of the other part one part of which the said Thomas Albany sealed with the Seal of the said Francis here in Court brings whose date is the same day yeer renounced relinquished and surrendred all manner of such Liberty Power and Authority which he the said Francis by force and virtue of the aforesaid Proviso above recited or any Liberty in the aforesaid deed of Feoffment mentioned and exppressed of and from the death of the aforesaid Peter Penruddock then had or ought to have of touching and concerning the Alteration Changing Determination Diminishing or Amplifying of such use or uses Intentions and Limitations as are in the said Indenture limited expressed and declared And further the said Francis by the said Writing Remised Released and
quit claimed to the aforesaid Miles Hitchcock and Thomas Abany all the aforesaid Condition Proviso Covenant and Agreement before mentioned and all and all manner of such Power Liberty Authority Right Title or Demand which the said Franc. after the death of the said Peter had or could have claim or challenge or demand by force and virtue of the same Condition and Proviso in the aforesaid deeâ— of Feoffment contained So that the said Francis of and from the death of the aforesaid Peter Penruddâ—â—k should not claim challenge demand exercise use or have any power liberty or authority to alter change determine diminish or amplifie any use or uses limitations or declarations in the aforesaid deed of Feoffment contained expressed limited or appointed but that the said FRANCIS from the death of the said Peter of and from all such liberty power and authority as before is said should stand and remain utterly barred excluded and discharged for ever And further the said Francis by that Writing granted to the aforesaid Miles and Thomas and their Heirs that from thenceforth the aforesaid Condition Proviso Covenant and Agreement and the aforesaid Power Liberty and Authority should cease and be utterly void to all Intents Constructions and Purposes And this he is ready to aver Whereupon as at first he demandeth Judgement and that the aforesaid John Grendon from having his action aforesaid against him the said Thomas Albany be barred c. And the aforesaid John Grenden saith That the Plea aforesaid by the aforesaid Thomas Albany in form aforesaid above by Rejoynder pleaded and the matter in the same contained is not sufficient in Law to bar him the said John Grendon from having his Action aforesaid against the said Thomas Albany To which the said John Grendon needeth not nor is bound any wayes by the Law of the Land to Answer Wherefore for want of a sufficient Rejoynder in this Plea The said John Grendou demandeth Judgement and his damages by the occasion aforesaid to be adjudged unto him c. And the aforesaid Thomas Albany saith That the Plea of him the said Thomas in manner and form aforesaid above by Rejoynder pleaded and the matter in the same contained is good and sufficient in Law to bar the said John Grendon from having his Action aforesaid against him the said Thomas Albany which Plea and the matter in the same contained the said Thomas is ready to aver and prove as the Court c. And because the said John Grendon to that Plea doth not answer nor doth the same any wayes deny The said Thomas Albany as at first prayeth Judgement and that the said John Grendon from having his Action aforesaid against the said Thomas Albany be barred c. And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid here before the Lady the Queen at VVestmin until Thursday next after the Morrow of the Purification of the Blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here is not yet c. TRESPAS Hillary Term Anno 31o. ELIZABETH Rot. 65. in the KINGS-BENCH C. 1. part Chudleighs Case fol. 113. b. MEmorandum That at another time That is to say Hillary Term Devon last past before the Lady the Queen at Westminster came William Dillon Esquire by Edward Hall his Attorny And brought here in the Court of the said Lady the Queen then there his Bill against John Frayne in the Custody of the Marshal of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss William Dillon Esquire complaineth of John Frayne in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that That he the 6th day of November in the yeer of the Reign of the said Lady the Queen that now is the 29th with force and Arms c The Close of him the said William called Sedan Close at Tawestock in the County as aforesaid brake and entred and his grass â—â—ere to the value of 5. pound then and there growing with his Cattel that is to say with Horses Oxen Cows Hoggs and Sheep fed trod and consumed continuing the Trespass aforesaid as to the treading and consuming the grasse from the aforesaid 6. day of November the yeer 29th aforesaid until the bringing of this Bill that is to say the 8th day of February in the yeer of the Reign of the Lady the Queen that now is the 30th divers dayes continuing and diverse other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said VVilliam 40. Marks And thereof he bringeth Sute c. And now at this day that is to say Thursday next after 8. dayes of Saint Hillary this Term until which day the said John Frayne had license to imparl to the said Bill and then to answer c. before the Lady the Queen at Westminster cometh as well the said William Dillon by his Attorny aforesaid as the aforesaid John Frayne by John Halstaf his Attorny and the said John Frayne defendeth the force and injury when c. And saith that he is not thereof guilty and of this puts himself upon the Country and the said VVilliam Dillon likewise c. Therefore a Jury was to come before the Lady the Queen at VVestminster upon Tuesday next after 8. dayes of the Purification of the blessed Mary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the processe thereof was continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 7th day of July at the Castle of Exeter in the County aforesaid by the form of the Statute c. câ—me for default of Jurors c. At which Thursday next after 8. dayes of Saint Michael befoâ—â— the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief Justices of the Lady the Queen of the Bench and Thomas Gent one of the Barons of the Exchechequer of the Lady the Queen Justices of the said Lady the Queen to Assizes in the County of Devonshire assigned by the form of the Statute c. came as well the within named VVilliam Dillon by Morrice Evans his Attorny as the aforesaid John Frayne by Thomas Felton his Attorny
That the aforesaid Entry of the aforesaid John â—rayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid VVilliam Dillon thereof be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid John Frayne is not guilty of the Trespasse within written as the aforesaid John Frayne within hath alleged And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet a vised Day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after one Moneth of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid here in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here of their Judgement thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after three Weeks of Saint Michael to hear their judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties in state as now before the Lady the Queen at Westminster until Saturday next afer 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Thursday in the Feast of St. Martin to hear their Judgement of and upon the premises because the Court of the Lady the Queen thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Tuesday next after the Morrow of the Purification of the blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Q. at West come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of upon the premises is not yet avised Day is given to the parties aforesaid in state as now before the Lady the Que. at Westminster until Monday next after 8. dayes of Saint Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the said Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth then next following wheresoever c. At which day the Plea aforesaid was further adjorned by another Writ of the said Lady the Queen of Common Adjornment before the said
Lady the Queen until the Morrow of All Souls then next following At the Castle of Hertford At which day before the Lady the Queen at the Castle of Hertford come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at the Castle of Hertford until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen in 8. dayes of Saint Hillary at Westminster At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not yet avised further day is given to the parties in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at VVestminstrr until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Cōmon Adjornment before the Lady the Queen until the day from Saint Michael in one Moneth then next following At the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid by another Writ of the said Lady the Queen of Common Adjornment was adjorned before the said Lady the Queen until the Morrow of All Souls then next following at the aforesaid Town of St. Alban At wch day before the Lady the Q. at the aforesaid Town of St. Alban come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not avised further day is given to the parties aforesaid in state as now before the Lady the Queen at the aforesaid Town of Saint Alban until Wednesday next after 8. dayes of Saint Hillary to hear their Judgement of upon the premises because the Court of the Lady the Queen here therof not yet c. Before which day the Plea aforesaid was adjorned by another Writ of Common Adjornment before the Lady the Queen from the aforesaid Town of Saint Alban until the said 8. dayes of Saint Hillary at Westminster aforesaid At which day before the Lady the Queen at VVestmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until VVednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid in state as now before the Lady the Queen at VVestminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Que. here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the said Lady the Queen at VVestminster until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof is further given to the parties aforesaid before the Lady the Queen at VVestminster until Thursday next after 8. dayes of Saint Hillary to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid Upon which all singular the premises being seen by the Court of the Lady the Queen here well understood and diligently looked into mature deliberation being thereof had because it seemeth to the Court of the Lady the Queen that now is here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid William Dillon thereof is a good and lawfull Entry It is granted That the aforesaid William Dillon take nothing by his Bill aforesaid but for his false clamour be in mercy c. And the aforesaid John Frayne thereof go without day c. TRESPAS Trinity Term Anno 24. ELIZABETH Rot. 928. in the COMMON-PLEAS Co. 2. part Thoroughgoods Case Fol. 5. b. WIlliam Cole late of Great Paringdon in the County aforesaid Gent. Essex was attached to answer to William Thoroughgood of a Plea wherefore with force and arms the Close and House of him the said William Thoroughgood at great Paringdon he brake and his grass there
to the Sheriff that he cause to come from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. To Recognize c. Because as well c. Afterwards the processe was continued between the parties aforesaid of the Plea aforesaid by Jurors put between them in respite here until this day that is to say the Morrow of Saint Martin in the yeer of the Reign of the Lady the Queen that now is 25th And now at this day come as as well the aforesaid VVilliam Thoroughgood as the aforesaid VVilliam Cole by their Attornies aforesaid And the Jurors thereof impannelled likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath that the aforesaid VVilliam Thoroughgood is a Lay-man and unlearned and that divers arrerages of the yeerly payments aforesaid to the aforesaid VVilliam Thoroughgood the aforesaid time of making of the aforesaid Writing of Release were unpaid And also that the said Wriging of Release at the time of the sealing thereof was not read to the aforesaid VVilliam Thoroughgood But after one Thomas VVard had begun to read that Writing to the aforesaid VVillam Thoroughgood One John VVard snatcht that Writing out of the hands of the aforesaid Thomas before he had read the first line thereof saying to the aforesaid VVilliam Thoroughgood these words following Good-man Thoroughgood you are a man unlearned and I will declare it unto you and make you understand it better than you can by hearing it read And afterwards the aforesaid John VVard declared the aforesaid Writing of Release to the aforesaid VVilliam Thoroughgood in these words following Good-man Thoroughgood the effect of it is this That you do release to VVilliam Chicken all the arrerages of Rent that he doth ow you and no otherwise and then you shall have your Land again meaning the Tenements aforesaid of new assigned To which the aforesaid VVilliam Thoroughgood then answered in these words following that is to say If it be no otherwise I am content And upon that The said VVillam Thoroughgood giving credit to the words of the aforesaid John VVard then and there sealed the said Writing of Release and delivered it to the aforesaid VVilliam Chicken But whether upon the whole matter in form aforesaid found The said Writing of Release be and in Law ought to be adjudged the deed of the aforesaid VVilliam Thoroughgood or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise of the Justices and the Court here And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here that the Writing is not nor ought in Law to be adjudged the deed of the aforesaid VVilliam Thoroughgood Then the said Jurors say upon their Oath That the aforesaid Writing of Release is not the deed of the aforesaid VVillliam Thoroughgood as the said William above allegeth and they assesse Damages of the said William Thoroughgood by occasion of the Trespasse aforesaid above his costs and charges by him in this part about his Sute expended to 20. shillings and for his costs and charges to 12. pence And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the Writing aforesaid of Release is the deed of the aforesaid William Thoroughgood as the aforesaid VVilliam Cole above hath alleged Then the said Jurors say upon their Oath That the said Writing of Release is the deed of the aforesaid William Thoroughgood as the said William Cole above hath alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to here their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole 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 from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And upon this The premises being seen and by the Justices here fully understood It is granted That the aforesaid William Thoroughgood shall recover against the said William Cole his damages to 21. shillings by the Jurors aforesaid in form aforesaid assessed as also 23. pound 19. shillings to the said VVilliam Thoroughgood at his Request for his costs and charges aforesaid by the Court of Encrease adjudged which damages in the whole do amount to 25. pound and that the aforesaid VVilliam Cole be taken c. TRESPAS Easter Term Anno 310. ELIZABETH Rot. 115. in the COMMON-PLEAS C. 2. part Baldwins Case fol. 18. CCristopher Marton late of Marton in the County aforesaid Esquire was York Attached to answer Anthony Baldwin of a Plea wherefore with force and Arms the Close of him the said Anthony at Marton he brake and his Corn there to the value of 10. pound there late growing with his Feet trod and consumed and other harms to him did to the grievous damage of him the said Anthony and against the Peace of the Lady the Queen that now is c. And whereupon the said Anthony by Robert Somervile his Attorny complaineth That the aforesaid Christopher the 10th day of September in the yeer of the Reign of the Lady the Queen that now is the 30th with force and Arms the Close of him the said Anthony at Marton broke and his Corn that is to say Oats to the value c. then there late growing with his Feet trod and consumed And other harms c. Whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth Sute c. And the aforesaid Christopher by VVilliam Barton his Attorny cometh and defendeth the force and injury when c. And as to the force and Arms he saith that he is thereof not guilty And as to the rest of the Trespass aforesaid supposed to be done The said Christopher saith That the aforesaid Anthony his Action against him ought not to have Because he saith That the Close aforesaid as also the places in which it is supposed the Trespass aforesaid to be
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned 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 until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices
against him complaineth But whether upon the whole matter aforesaid in form aforesaid found The aforesaid Entry of the said Edward into the Tenements aforesaid with the Appurtenances in which c. be a good and lawful Entry in Law or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise and Consideration of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William Rud be not a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Edward Tooker is guilty of the Trespass within written as the said W. Rud above against him complaineth And assess the damages of the said William Rud by that occasion above his costs and charges by him about his Sute in that behalf expended to 6. pence and for his costs and charges of 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements within wrtten with the Appurtenances in which c. in and upon the possession of the aforesaid William be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid Edward is not guilty of the Trespass within written as the said â—dward above against him allegeth And because the Court of the said Lady the Q. here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Thursday next after the Morrow of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queeen at Westminster until Fryday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the said Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Michael to hear their Judgement o and upon the premises because the Court of the Lady the Queen here thereof yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. days of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further thereof is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. AT which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear
their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the said Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here therof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Wesminster aforesaid until Monday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at West aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westmin aforesaid until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Wesminster aforesaid until Wednesday next 18. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until the Morrow of Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the partes aforesaid before the Lady the Queen at Westminster aforesaid until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until VVednesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid Upon which all and singular the premises being seen and by the Court of the Lady the Queen here fully understood and mature deliberation being had thereof Because it seemeth to the said Court of the said Lady the Queen and the Justices here That the aforesaid Entry of the aforesaid Edward into the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William thereof is a good and lawful Entry in Law Therefore it is granted That the
whether upon the whole matter aforesaid in form aforesaid found The aforesaid Richard Sutton and John Law be guilty of the Trespasse aforesaid or not the said Jurors are utterly ignorant And pray the advise of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here That the aforesaid Richard Sutton and John Law are guilty of the Trespasse aforesaid as the said Simon Baxter against them complaineth Then they assesse the damages of the said John Baxter by occasion of that Trespasse of costs and charges by him about his Sute in his part expended to one penny and for his costs and charges to 12. pence And it upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here That the aforesaid Richard Sutton and John Law are not guilty of the Trespasse aforesaid Then the said Jurors say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law are not thereof guilty as the aforesaid Richard Sutton and John Law above for them have alleged And because the Court of the Lord the King here is not yet avised of and upon the premises day thereof is given to the parties before the Lord the King at Westminster until Wednesday next after 15. days of Easter to hear their Judgemēt of upon the premises because the Court of the L. the K. here therof not yet c. At which day before the Lord the King at Westm come the parties aforesaid by their Attornies aforesaid And because the Court of the Lord the King here is not yet avised of giving their Judgement of and upon the premises day thereof is further further given to the parties aforesaid before the Lord the King at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement thereof because the Court of the Lord the King here thereof not yet c. Upon which The premises by the Court of the Lord the King that now is here seen and all and singular the premises fully understood and mature deliberation being thereupon had For that it seemeth to the Court of the Lord the King that now is here upon the whole matter aforesaid in form aforesaid found That the aforesaid Richard Sutton and John Law are not guilty of the Trespasse aforesaid as the said Richard Sutton and John Law above for them have alleged It is granted that the aforesaid Simon Baxter take nothing by his Bill aforesaid but for his false clamor thereof be in mercy c. And that the aforesaid Richard Sutton and John Law go thereof without day c. And that the aforesaid Richard Sutton and John Law recover against the aforesaid Simon Baxter 24. pound for their costs and charges by them about their defence in this part expended to the said Richard Sutton and John Law with their assent by the Court of the Lord the King here according to the form of the Statute in such case late made and provided adjudged And that the aforesaid Richard Sutton and John Law have Execution thereof c. WASTE Hillary Term 340. ELIZABETH in the COMMON-PLEAS Rot. 2380. Co. 4. part Hyndes Case Fol. 68. ELizabeth Hynde was summoned to Answer to Richard Libb Esquire of Oxon. a Plea Wherefore Whereas of the Common Counsell of the Realm of the Lady the Queen of England it is provided That it shall not be law-for any one waste spoyle or destruction to do in Lands Houses Woods or Gardens to him demised for Term of life or yeers The said Eliza. of Lands and Woods in Goring and Whitchurch which she holdeth for Term of yeers of the demise of Robert Garrard of the aforesaid Richard of the Assignment of William Haw who those to the said Robert demised for the said Term thereof made to the said Richard did waste spoyle and destruction to the dissenherisin of him the said Richard and against the form of the Provision aforesaid c. And whereupon the said Richard by Thomas Lane his Attorny saith That whereas the aforesaid William Haw was seised of a Messuage called Haw Place 200. Acres of Land 10. Acres of Meadow 100. Acres of Pasture and 50. Acres of Wood with the Appurtenances in Goring and Whitchurch aforesaid in his Demesn as of Fee And so thereof being seised the 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 28th at Goring aforesaid By Indenture between the aforesaid William Haw of Haw Place in the Parish of Goring in the County of Oxon. Yeoman of the one part and the aforesaid Robert Garrard by the name of Robert Garrard of Hedsor in the County of Buckingham Gentleman made One part of which sealed with the Seal of the aforesaid Robert the said Richard here in Court brings whose date is the same day and yeer demised to the said Robert the Tenements aforesaid with the Appurtenances Except during the life of Agnes Haw Mother of the said William such part of the Messuage aforesaid parcel of the premises Orchard and Garden One Close called Reaves Dean and one Close called Bell Close and one Orchard called the Orchard Pedel parcel of the premises which the said Agnes then occupied and then had taken and agreed to receive for her Dower of in and for the Tenements aforesaid with the Appurtenances To have and to hold the said Tenements with the Appurtenances except before excepted to the said Robert and his Assigns from the Feast of the Birth of our Lord God then last past until the end and Term of 16. yeers from thence next insuing and fully to be compleat and ended By virtue of which Demise the said Robert in the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the 20th day of August in the yeer of the Reign of the said Lady the Queen that now is the 29th at Goring aforesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid Tenements with the Appurtenances above in form aforesaid demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the said Tenements with the Appurtenances above in form aforesaid demised entred and was thereof possessed And the aforesaid Elizabeth being thereof so possessed and the aforesaid VVilliam Haw of the Reversion thereof in form aforesaid being seised the said William the 7th day of March in the yeer of the Reign of the said Lady the Queen that now is the 30th at Goring aforesaid By his Indenture of Bargain and Sale made between him the said William of the the one part and the aforesaid Richard of the other part one part of which sealed with the Seal of the said William the said Richard here in Court brings whose Date the is same day and yeer and in the Court of the
Lady the Queen of the Bench and other of the said Lady the Queens leige People then there present Between the aforesaid Richard by the name of Richard Libb Gentleman Plaintiff and the aforesaid William Haw and Ellen his Wise Deforceants of the Tenements aforesaid above in form aforesaid demised amongst other things by the name of One Messuage One Cottage Two Gardens 70. Acres of Land One Acre of Meadow 10. Acres of Pasture 60. Acres of Wood and 10. Acres of Furz and Heath with the Appurtenances in Goring and Whitchurch aforesaid in Maple Decam in the County aforesaid whereupon a Covenant was summoned betwixt them in the said Court that is to say that the aforesaid Williliam and Ellen acknowledged the Tenements aforesaid to be the Right of him the said Richard as those which the said Richard had of the gift of the aforesaid William and Ellen and them remised and quit claimed from them the said William and Ellen and their Heirs to the aforesaid Richard his Heirs for ever And further the said William and Ellen granted for them and the Heirs of the said William that they warrant to the aforesaid Richard and his Heirs the aforesaid Tenements with the Appurtenances against all men for ever as by the said Fine here in Court of Record Remaining more fully appeareth Which Fine in form aforesaid had and levied was to the use of the aforesaid Richard and his Heirs After which Fine so as afore is said levied that is to say the 20th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Indenture to the aforesaid Richard as before is said made before the aforesaid Justices of the said Lady the the Queen of the Bench here was inrolled And the said Elizabeth further saith That she to that grant of the Reversion of the Tenements aforesaid with the Appurtenances above as afore is said demised by virtue of which Fine aforesaid the aforesaid Richard did not attorn or agree And this she is ready to aver Whereupon she demandeth Judgement if the aforesaid Richard his Action aforesaid against her ought to have c. And the aforesaid Richard saith That the aforesaid Plea of the aforesaid Elizabeth above in Bar Pleaded and the matter in the same contained is insufficient in Law to bar him the said Richard to have his Action aforesaid against the aforesaid Elizabeth And that he to that Plea in form aforesaid pleaded needeth not nor by the Law of the Land is bounden to Answer And this he is ready to aver Wherefore for want of a sufficient Plea in Bar in this behalf made the aforesaid Richard demandeth Judgement and his damages by the occasion of the Waste aforesaid to be to him adjudged And the aforesaid Elizabeth in as much as she hath alleged sufficient matter in Bar of the Acton aforesaid which she is ready to aver which matter the aforesaid Richard doth not deny nor to the same any wayes answereth but to that averment altogether refuseth demandeth Judgement and that the aforesaid Richard be barred from having his Action aforesaid against her c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet FINIS THE TABLE A. AButtals of Acres set forth Folio 271 Action upon the Case for turning the Course of a water from a Mill 1 Vpon Assumpsit by a Woman Exâ—cutrix to pay mony upon forbearance not to molest her 7 Act of Parliament special to erect and found an Hospital 368. with the particulars of a foundation 368. 369 Adjornment of an Assize and for what Cause 18 19 Of Pleas 18 22 161 232 257 337 Of the Term 161 232 257 337 338 Agreement to pay Rent if it amount to an Attornment 271 Aid 266 Administration of goods committed 72 73 Alien born one born in Scotland since 1 Jac. nor Alien 10 Amoveas Manum 190 Arrests upon the Sabboth day 148 whereupon Arrest the Sergant is to shew his Mace c. 148 149 Arbitrament 25 Attornment 271 Two Joynts for life upon a grant of the Reversion one attorneth and good 354 355 Of one Joyntment is the Attornment of both 354 Audita Querela the form of it 21 To discharge the party out of Execution being taken upon a Capias ut lagaâ—um after juâ—gement 21 â—2 Averâ—ment 190 20â— 213 217 226 266 2â—0 â—26 Of Plea 10 24 26 Where it is Collateral of a thing out of the deed â—3 Authority of the Presidâ—nt and â—ensors of the Colledge of Physicâ—ans in London and the extent of it 131 Where it doth not extend to Doctors of Physick in the Vniverslties 134 135 Avowry 220 237 238 259 268 For Arrerage of a Rent charge granted by Tenant in tail â—n remainder 222 The taking of an Ox for a Heriot 269 For Arrerages of Rent 271 B. BAil 220 153 Bar 11 12 144 154 163 221 251 252 269 271 19â— 233 238 241 242 301 345 Fine annd Recâ—â—ery by Tenant in tâ—il is a Barr of a Rent granted by him in the remainder 224 In Avowry 260 In Audita Querela 22 In Dower 31 32 33 A grant of the King a Barr in a Scâ—re Facias to repeal Letters Pâ—â—ents 287 288 In Trespass 307 324 340 Of Conusance 252 Bargain and Sale 119 288 325 154 Of Lands to the Queen 160 Of Lands to Vses 171 172 By Tenant in tail 170 Of aterm for yeers 73 Of the Charter-house and of Lands belonging to it 372 373 374 Of Deeds Charters and Evidences 374 Of Lands to the Governours of an Hospital 390 391 392 Where it shall not relate to avoid a Fine 398 399 C. CErtificate of the Causes of disfranchising a Citizen or Burgess and removing him from his place and Office 274 to 279 Conditions to stand to an Award and Arbitrament 25 Not to alien a Term for years 70 Where broken because the thing is not done within convenient time 161 Where broken because the partâ— hath dissabled himself to perform it 161 Not to alien or discontinue Lands intailed 311 312 313 Colour 308 325 Common Recovery 244 312 The form of pleading it 41 59 320 86 141 Vses of it declared by a deed subsequent to the Recovery 12 In the Court of Hustings in London in a Writ of Right Patent 57 58 Where a Bar of an Estat 〈…〉 l 42 43 By Tenant in tail an 〈…〉 Release with warranty where shall bind the issue in tail 138 139 140 141 142 Vpon a Writ of Right Patent 138 Suffered by Tenant in tail 312 313 To Vses 86 87 88 89 139 Considerations 86 What good to ground an Assumpsit upon 6 7 What good to raise Vses 39 40 102 308 Confess and avoid 215 223 Confirmations 255 Of the King of a Lease
within contained before William Periam Knt. Chief Baron of the Queens Exchequer and Edward Fennier one of the Justices of the said Lady the Queen of Pleas holden before the said Queen Assigned Justices of the said Lady the Queen Assigned to take Assizes in the said County of Somerset by the form of the Statute c. come as well the said David Cottell Gent. by Adrian Street his Attorney As the within written George Lutterell Rob. Norcome and John Quick by Henry Collier their Attorney And the Jury whereof mention is within made being likewise called came who being chosen tried and sworn to say the truth of the matter within conteined Say upon their Oathe That the said George Robert and John are guilty of the premises within put unto them As the said Edward Cottell within against them complaineth And they do assess the damages of the said Edward for the occasion within written besides Costs and Charges by him about his sute in his part expended set to 40. s. and for Charges and Costs of sute 10 5. s. Therefore it is granted That the said Edward shall recover against the said George Robert and John his damages aforesaid by the Jury in form aforesaid assessed As also 6. l. for his Costs to the said Edward by the Court of the Lady the Queen here with his assent of increase adjudged which damages in the whole do amount to 8. l. and 5. s. And the said George Robert and Iohn in mercy c. Hillary Term 38. Eliz. Anno 305. in the Kings Bench Slades Case Co. 4. part Fol. 91. a. MEmorandum At another time That is to say The Term of St. Michael Devon ss last past before the Lady the Queen at Westminster came John Slade by Nicholas VVeare his Attorney and brought there in the Court of the said Lady the Queen then there a certain Bill against Humphrey Morley in the Custody of the Marshal c. Of a Plea of Trespas upon the Case And are Pledges of sute John Doo and Richard Roo which Bill followeth in these Words ss Devon ss John Slade complaineth of Humphrey Morley in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas the said John the 10th day of November in the year of the Reign of the said Lady Elizabeth now Queen of England the 36th was possessed for the Term of divers years then and yet to come of and in one Close of Land with the appurtenances in Halberton in the County aforesaid called Rack Park containing by estimation 8. Acres and so hereof being possessed The said John afterwards That is to say the said 10th day of November in the 36th year aforesaid had sowed the said Close with Wheat and Rye which Wheat and Rye in the Close aforesaid by the said John so as before is said sowed afterwards That is to say the 8th day of May in the year of the Reign of the said Lady the Queen that now is the 37th were grown into ears The said Humphrey the aforesaid 8th day of May in the sayd 37. aforesaid The said Wheat and Rye in ears upon the Close aforesayd as before is said then growing at Halberton aforesaid in consideration that the said John then and there at the special instance and request of the said Humphry had bargained and sold unto the said Humphry to the use and behoof of the said Humphry All the eares of Wheat and Coâ—n which then did grow upon the said Close called the Rack Park the Tithes thereof to the Rector of the Church of Halberton aforesaid due only excepted did assume and then and there faithfully promised That he the said Humphry sixteen pounds of lawful Mony of England to the aforesaid John in the Feast of St. John the Baptist then next following would well and truly content and pay Yet the said Humphery his assumption and promise aforesaid little regarding but endeavouring and intending the said John of the aforesaid 16. l. in that part subtilly and craftily to deceive and defraud the said 16. l. to the said John according to his assuming and promise hath not yet paid nor any way for the same contented him although the said Humphry thereunto afterwards That is to say the last day of September in the year of the Reign of the said Lady the Queen that now is the 37. aforesaid at Halberton aforesaid by the said John was oftentimes thereunto required but to pay him or content to pay him altogether refused and doth yet refuse Whereupon the said John saith he is the worse and hath damage to the value of 40. pounds and thereof he bringeth sute c. And now at this day That is to say Friday next after the 8. day of St. Hillary the self same Term until which day aforesaid the said Humphry had license to imparl to the Bill aforesaid and then to answer c. before the Lady the Queen at Westminster cometh well the said John by his Attorny aforesaid as the said Humphery by John Halstaff his Attorny and he the said Humphry doth defend the force and Injury when c. And saith That he did not take upon him in manner and form as the said John Slade hath complâ—ined against him And upon that putteth himself upon the Country and the said John Slade likewise c. Therefore a Jury was to come before the said Lady the Queen at Westminster upon Thursday next after 8. dayes of the Purification of the blessed Mary c. and who neither c. And because as well c. The same day is given to the parties aforesaid there c. Afterwards process was continued between the parties aforesaid of the Plea aforesaid by Juries thereof respited between them before the Lady the Queen at Westminster untill Wednesday next after the fifteenth day of Easter the next c. following Unless the Justices of the Lady the Queen to take Assises first upon Monday the second Week of Lent at the Castle at Exeter in the County aforesaid by the form of the Satute c. shall come for default of Jurors c. At which Wednesday before the Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attornies aforesaid And the before said Justices of Assizes before whom c. sent hither their Record before them had in these words ss Afterwards the day and place within mentioned before Thomas Walmesley one oâ— the Justices of the Queen oâ— the Common Pleas and Edward Fenner one of the Justice oâ— the said Lady and Queen assigned to hold plea before the Queen her sel Justices oâ— the said Lady the Queen assigned to take Assizes in the County a oâ—oesaid by form of the Statute c. come as well he was named John Slade by Thomas Clayton his Attorny as the within written Humphry Morley by Henry Collier his Attorny and the Jurors sworn whereof mention is within made likewise being
William Banes then and there faithfully That she the said Mary the aforesaid 77. pounds to the said William Banes then at that next Quarter that is to say at the Feast of St. Michael the Archangel then next following the promise aforesaid in the 7th year aforesaid well and truly would pay and content Or otherwise the said Mary then and there would assign to the said William Banes for his security in that behalf for the payment of the aforesaid 77. pounds All the Interest of the Term of years which she the said Mary then had to come of and in the Gardens and Bowling-Ally aforesaid if the said Mary the said 77. pounds to the said William Banes according to her assumption and promise aforesaid had not paid And the said William Banes further saith That he the said William Banes giving Faith to the promise and undertaking of the said Mary did not trouble or sue the said Mary for the said 77. pounds but did forbear the payment thereof from the time of the promise aforesaid until the Feast of St. Michael the Archangel next following the promise aforesaid in the year aforesaid And the said William Banes further saith That after the premises aforesaid in form aforesaid that is to say the 10th day of November in the 4th year aforesaid at London aforesaid in the Parish and Ward aforesaid the said Mary took to Husband the aforesaid Edward Paine Yet the aforesaid Mary whilest she was single or the said Edward and Mary after the Mariage between them solemnized the undertaking promise of the said Mary whilest she was single little regarding but threating and fraudulently intending the said William Banes of the aforesaid 77. pounds craftily and subtilly to deceive and defraud of the said 77. pounds nor the said Mary whilest she her self was single to the said William Banes at the aforesaid Quarter that is to say at the Feast of St. Michael the Archangel next following the promise aforesaid in the 7th year aforesaid according to the promise and undertaking aforesaid in this behalf paid or any was for the same contented or otherwise then and there at that Feast did not assign to the said William Banes All the Interest of the Term of years which she the said Mary then had to come of and in the Gardens and Bowling-Alley aforesaid Nor the said Edward and Mary the Mariage betwixt them being celebrated at any time after he his the aforesaid 77. pounds to the said William Banes according to the promise and undertaking of the said Mary aforesaid have paid or any wayes for the same have contented him Or all the Interest aforesaid of the Term of years of the said Edward and Mary of and in the Gardens and Bowling-Ally aforesaid according to the promise and undertaking of the said Mary to the said William Banes for his security in that behalf hitherto have assigned although this to do by the said William Banes the said Mary whilest she was single and the said Edward and Mary after the Mariage betwixt them celebrated that is to say the last day of September in the year of the Reign of the said Lord the King that now is of England the 8th at London aforesaid in the Parish and Ward aforesaid often were required By which the said William Banes all the gain commodity and profit which he with the aforesaid 77. pounds in buying selling and lawfully bargaining could have had or gained if the said Mary her promise and undertaking aforesaid in form aforesaid had performed utterly lost whereupon the said William Banes saith That he is the worse and hath damage to the value of one 100. pound And hereof bringeth sute c. And now at this day that is to say Wednesday next after 8. dayes of St. Hillary this same Term untill which day the said Edward and Mary had License to the Bill aforesaid to imparl and then to Answer c. before the Lord the King at VVestminster cometh as well the aforesaid VVilliam Banes by his Attorney aforesaid as the said Edward and Mary by Isham Novell their Attorney and the said Edward and Mary defend the force and injury when c. And say That the said Mary did not take upon her in manner and form as the aforesaid VVilliam Banes above against them hath declared And of this put themselves upon the Countrey and the aforesaid VVilliam Banes likewise c. Therefore a Jury thereof was to come before the Lord the King at Westminster upon Monday next after 15. dayes of St. Hillary and who neither c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the Prosess was continued between the parties aforesaid of the Plea aforesaid by Jurors thereof put between them in respite before the Lord the King at Westminster untill Tuesday next after 8. dayes of the Purification of the blessed Lady then next following unlesse the beloved and faithful of the Lord the King Thomas Flending Knight Chief Justice of the Lord the King of Pleas in the Court of the said Lord the King before the King himself to be holden assigned first upon Monday next after the aforesaid 8. dayes of Purification of the blessed Lady at the Guild-hall London by form of the Statute c. cometh for default of Jurours c. At which day before the Lord the King at Westminster cometh the aforesaid William Banes by his Attorney aforesaid and the aforesaid Chief Justice before whom c. Sent here his Record before him had in these words Afterwards the day and place within conteined before the beloved and faithful of the said Lord the King Thomas Flending Knight Chief Justice within written associating to himself William Price according to the form of the Statute came as well the within named William Banes as the within written Edward Paine and Mary his wife by their Attorneys within written and the Jurours of the Jury whereof within is made mention likewise came and to speak the truth of the matter within conteined elected tryed and sworn say upon his Oath That the within named Mary took upon her in manner and form as the within written William Banes within against them hath declared and they assesse the damages of the said William by occasion of not performing the promise and undertakings within written besides the Charges and Costs by him about his sute in his behalf expended to 80. pounds and for his charges and costs to 53. shillings and 4. pence Therefore it is granted That the aforesaid William Banes shall recover against the said Edward Paine and Mary his wife the damages aforesaid in form aforesaid assessed as also 5. pounds 6. shillings 8. pence for his charges and costs aforesaid to the said William by the Court of the said Lord the King here with his assert of encrease adjudged Which damages in the whole do amount to 88. pound and the said Edward Paine and Mary his wife in mercy c. Assise
Trinity Term Aº 6 to of King James Calvins Case Co. 7. part Fol. 1. a. IAmes by the Grace of God of England Scotland Erance and Ireland King defender of the Faith c. To the Sheriffe of Middlesex Greetings Robert Calvin Gent. hath complained to us That Richard Smith and Nicholas Smith unjustly and without Judgement have disseized him of his Freehold in Haggord otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past and therefore we command you That if the said Robert shall secure you to prosecute his claim Then that you cause the said Tenement to be reseised of the Chattels which within it were taken and the said Tenement with the Chattels to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming and in the mean time cause 12. free and legall men of that venew to see the said Tenement and the names of them to be unbrevicted and summon them by good summonors that they be before us where ever we be in England ready thereof to make Recognition and put by suerties and pledges the aforesaid Richard and Nicholas that then they be there to hear the Recognition and have there the summons the names of the Pledges and this Writ Witness my self at Westminster the 3. day of November in the year of our Reign of England France and Ireland the 5th and of Scotland the one and fortieth For 40. s. paid in the Hamper KINDESLEY THe Assise cometh to Recognize If Richard Smith and Nicholas Smith unjustly and without Judgement did disseise Robert Calvin Gent. of his Freehold in Haggard otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past And whereupon The said Robert who is within the age of 21. years by John Parkinson and William Parkinson his Guardians which the Court of the said King hereto this have joyntly and severally specially are admitted Complaineth That they disseised him of the Messuage with the Appurtenances c. And the said Richard and Nicholas by William Edwards their Attorney come and say That the said Robert ought not to be Answered to his Writ aforesaid because they say That the said Robert is an Alien born the 4th day of November in the Reign of the King that now is of England France and Ireland the third and of Scotland the 34th At Edenborough within his Kingdom of Scotland aforesaid and within the Alleagiance of the said Lord the King of the said Kingdom of Scotland and without the Alleagiance of the said Lord the King of his Kingdom of England and at the time of the birth of the said Robert Calvin and long before and continually after the aforesaid Kingdom of Scotland by the proper Rights Laws and Statutes of the same Kingdom and not by the Rights Laws and Statutes of this Kingdom of England was Ruled and Governed and yet is And this he is ready to aver and thereupon prayeth Judgement If the said Robert to his said Writ aforesaid ought to be answered c. And the aforesaid Robert Calvin saith That the aforesaid Plea by the aforesaid Richard and Nicholas above pleaded is in sufficient in Law to him the said Robert to Answer and to Barre him to have his Writ aforesaid that the said Robert to the said Plea in manner and form pleaded needeth not nor by the Law of the Land is holden to Answer and this he is ready to aver hereof prayeth Judgement and that the said Kichard and Nicholas to the aforesaid Writ of the said Robert do Answer And the said Richard and Nicholas for as much as they sufficient in matter in Law to him the said Robert to Answer have to his Writ aforesaid in Barr above have alleged which they are ready to aver which matter the aforesaid Robert doth not gainsay nor to the same doth in any ways Answer but the said Averment altogether to admit refuseth as at first demandeth Judgement if the aforesaid Robert to his Writ aforesaid ought to be admitted c. And because the Court of the Lord the King here are not yet avised of giving her Judgement of and upon the premises day thereof is given to the parties aforesaid before the Lord the King at Westminster untill Monday next after 8. dayes of St. Hillary to hear there Judgement thereof because the Court of the Lord the King here thereof are not yet c. And the Assise aforesaid remain to be taken before the said Lord the King untill the same Monday there c. And the Sheriff to distrein the Recognitors of the Assise aforesaid And before to make view c. At which day before the Lord the King at Westminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid and because the Court of the Lord the King hereof giving their Judgement of and upon the premises is not yet avised day hereof is given to the parties aforesaid before the Lord the King at VVestminster untill Monday next the morrow of the Assension of our Lord to hear their Judgement because the Court of the Lord the King here are not yet c. And the Assise aforesaid remain further to be taken until the same Monday there c. At which day before the Lord the King at VVestminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid c. And because the Court c. Upon which Seen and by the Court of the Lord the King here all and singular the prepremises fully understood and diligently looked into and examined and mature deliberation hereof being had because it seemeth to the Court of the Lord the King that now is here that the Plea aforesaid of the said Richard Smith and Nicholas Smith above pleaded is not sufficient in Law to the aforesaid Robert Calvin to have Answer to his Writ aforesaid to Barr Therefore it is considered by the Court of the Lord the King that now is here That the aforesaid Richard Smith and Nicholas Smith to the Writ of the said Robert further Answer c. Michael 25. and 26. of Queen Elizabeth Rott 144. Assise Dowmans Case C. 9th part Fol. 1. a. THe Assise came to Recognise if Edward Vavasor Esquire George Vavasor Gent. Richard Coats John Lawson William Musgrave Robert Thissylwood and Robert VVard unjustly c. Disseised Thomas Dowman Esq and Elizabeth his wife of their Freehold in Spaldington VVillitoft and Southcate within 30. years now last past c. And whereupon the said Thomas and Elizabeth by Henry Cressey Their Attorney complain That they disseised them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of pasture with their appurtenances c. And the aforesaid Edward George Richard John Robort Thyssylwood and Robert VVard by Edward Latimer
their Attorney come c. And upon this for certain causes to the Justices here specialty moving day is given before the same Justices to the aforesaid Edward George Richard John Will Robert and Robert to plead here untill Tuesday next following c. The same day is given to the aforesaid Thomas and Elizabeth here c. At which day come as well the aforesaid Thomas and Elizabeth as the aforesaid Edward George Richard John VVilliam Robert and Robert by their Attorneys aforesaid And upon this and certain causes to the Justices here sperially moving The Assise aforesaid is farther adjorned before the same Justices unto the Justices Inne in Chancery Lane London untill the morrow of Saint Martin next comming at which day at the aforesaid Inne of the Justices before the aforesaid Justices come as well the aforesaid Thomas and Elizabeth as the aforesaid Edward George Richard John VVilliam Robert and Robert by their Attorneys aforesaid and upon this the aforesaid George Richard John VVilliam Robert and Robert say that they have nothing in the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified nor had at the day of the Original Writ of Assise aforesaid brought nor ever after nor any injury nor disseisin to the aforesaid Thomas and Elizabeth thereof did and of this they put themselves upon the Assise and the aforesaid Thomas and Elizabeth likewise c. Therefore let the Assise be taken between them c. And the aforesaid Edward defend and Tenement of the Freehold of the Tenements aforesaid with the appurtenances in view of the Recognitors of the Assise aforesaid put and in the plaint abovesaid specified he saith That the Assise thereof between him the said Edward and the aforesaid Thomas and Elizabeth ought not to be because he saith That one Peter Vavasor Esquire was seised of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified amongst other things in his demesn as of Fee and he hereof so being seised One Andrew VVindsor Esquire VVilliam Vavasor Peter Vavasor the younger and John Laundree Gent. at another time That is to say The second day of January in the year of the Reign of the said Lady the Queen that now is the 15th out of the Court of Chancery of the said Lady the Queen the said Court of Chancery then being at VVestminster in the County of Middlesex sued forth a certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against the aforesaid Peter Vavasor Esquire of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified with the appurtenances amongst other the same Peter Vavasor Esq then being Tenant of the Freehold of the Tenements aforesaid with the appurtenances to the then Sheriffe of the County of York directed and so plead a Common Recovery which Recovery in form aforesaid had was had and was to the use of the aforesaid Peter Vavasor for the Term of his nataral life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the said Peter Vavasor Esq and the Heirs Males of the body of the same Eldest Son lawfully begotten And for default of such issue male of the body of the same Eldest Son then to the use of the second Son of the body of the aforesaid Peter Vavasor Esquire lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so unto the 9th Son and for default of such issue male of the body of the said 9th Son Then to the use of the said Edward Vavasor now deceased Brother of the said Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast after his decease then to the use of the Eldest Son lawâ—ully begotten for default of such issue male of the body of such eldest son then to the use of the second Son of the body of the said Edward lawfully begotten the heirs males of the body of the aforesaid second Son lawfully begotten And so to the 9th Son of the said Edward and for want of such issue male of the body of the said 9th Son Then to the use of George Vavasor another Brother of the aforesaid Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the body of the said George and the Heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of such Eldest Son then to the use of the second Son of the body of the aforesaid George lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the said George and for default of such issue male of the body of the said 9th Son Then to the use of one Ra. Vavasor another Brother of the said Peter Vavasor for the Term of his natural life without impeachment of any wast and aâ—ter his decease Then to the use of the Eldest Son lawfully begotten of the body of the said Ralph and the heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of the said Eldest Son Then to the use of the second Son of the body of the aforesaid Ralph lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the aforesaid Ralph and for default of such issue male of the body of the said 9th Son Then to the use of one Marmaduke Vavasor another of the Brothers of the aforesaid Peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Eldest Son lawfully begotten of the body of the aforesaid Marmaduke and the heirs males of the body of such Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son Then to the use of the second Son of the body of the aforesaid Marmaduke lawfully begotten and the heirs males of the body of the same second Son lawfully begotten And so to the 9th Son of the said Marmaduke And for default of such issue male of the body of the same 9th Son Then to the use of one Robert Vavasor another Brother of the aforesaid Peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the body of the said Robert Vavasor and the heirs males of the body of the same Eldest Son lawfully begotten and for default of
such issue male of the body of the same Eldest Son Then to the use of the second Son of the body of the aforesaid Robert Vavasor and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the said Robert and for default of such issue male of the 9th Son Then to the use of Thomas Vavasor another Brother of the said Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Elest Son of the body of the aforesaid Thomas Vavasor lawfully begotten and the heirs males of the body of the said Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son Then to the use of the second Son of the aforesaid Thomas Vavasor lawfully begotten and the heirs males of the body of the same second Son lawfully begotten And so to the 9th Son of the aforesaid Thomas And for default of such issue male of the body of such 9th Son Then to the use of Richard Vavasor another Brother of the said peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Eldest Son of the body of the said Richard Vavasor lawfully begotten and the heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son lawfully begotten Then to the use of the second Son of the body of the said Richard lawfully begotten and so to the 9th Son of the aforesaid Richard and for default of such issue male of the body of the said 9th Son Then to the use of the heirs males of the body of Peter Vavasor of Spaldington Knight lawfully begotten and for default of such issue male Then to the use of the right heirs of the said Richard Vavasor for ever By vertue of which Recovery and seisin in manner and form aforesaid had and by foâ—ce of a certain Act of Parliament of the Lord Henry late King of England the 8th the 4th day of February in the year of his Reign the 27th of Transferring of uses into possession at Westminster in the County of Middlesex holden made The aforesaid Peter Vavasor Esquire was seised of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put in his demesn as of Freehold for the Term of his life without impeachment of any wast the remainder thereof after his decease farther as abovesaid expectant and the said Peter so thereof being seised the said Peter at Spaldington aforesaid dyed without any issue male of his body lawfully begotten after whose decease the said Edward into the aforesaid Tenements with their appurtenances in the view of the Recognitors of the Assise aforesaid put and in complaint aforesaid specified amongst other as in his Remainder thereof entred and was and yet is seised in his demesn as of Freehold for the Term of his life without impeachment of any wast And the aforesaid Thomas Dowman and Elizabeth claiming c. And gave colour to the party And the aforesaid Thomas Dowman and Elizabeth as to the aforesaid Plea of the said Edward above in Barr of the Assise aforesaid pleaded Say That they for any thing in the said Plea before alleged from the Assise aforesaid of the Tenements aforesaid with the appurtenances to have ought not to be Barred because they say That well and true it is That the aforesaid Peter Vavasor Esquire was seised of the Tenements aforesaid with the appurtenances in his demesn as of Fee and he the said Peter being so thereof seised The aforesaid Recovery of the Tenements aforesaid with the appurtenances was had by the aforesaid Andrew Windsor VVilliam Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire in manner and form as the said Edward above hath alleged But the said Thomas Dowman and Elizabeth farther say That the Recovery aforesaid in form aforesaid by the aforesaid Andrew William Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire of the Tenements aforesaid with the appurtenances in form aforesaid had and the seisin of the Tenements aforesaid with the appurtenances thereupon in form aforesaid had were to the only use and behoof of the aforesaid Perer Vavasor Esquire and his heirs for ever By colour whereof and by force of the aforesaid Act of transferring of Acts in possession c. The aforesaid Peter Vavasor Esq was seised of the Tenements aforesaid with the appurtenances in his demesn as of Fee and so thereof being seised The said Peter Vavasor Esq at Spaldington aforesaid of such his estate dyed hereof seised without issue of his body lawfully begotten After whose death the said Tenements with the appurtenances discended to the said Elizabeth then being the wife of the said Thomas Dowman as Sister and heir of the aforesaid Peter Vavasor Esq By which the said Thomas Dowman and Elizabeth in the said Tenements with the appurtenances entred and were thereof seised in their demesn as of Fee in the Right of the said Elizabeth untill the aforesaid Edward Vavasor and the aforesaid George Richard John Lowson William Musgrave Robert Thisylwood and Robert Ward them the said Thomas Dowman and Elizabeth thereof unjustly and without Judgement did disseise as they above against them complain'd without that that the aforesaid Recovery of the Tenements aforesaid with the appurtenances by the aforesaid Andrew Windsor William Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire in form aforesaid had was to the uses in the Barr of the said Edward above specified as c. And thereupon the parties are at issue And the Jurours say upon their Oath That the aforesaid Peter Vavasor Esquire was seised of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances in his demesn as of Fee and he the said Peter being thereof so seised the aforesaid Recovery was had by the aforesaid Andrew Windsor William Vavasor Peter Vavasor the younger and John Laundree in form aforesaid as the aforesaid Edward above in pleading hath alleged and further the Recognitors of the Assise aforesaid say uppon their Oath That a certain Indenture was made between the aforesaid Peter Vavasor Esq of the one party and the aforesaid Addrew Windsor William Vavasor Peter Vavasor the younger and John Laundree of the other party bearing date the first day of February in the 15th year abovesaid The Tenor of which Indenture follows in these words THis Indenture made the first day of February in the 15th year of the Raign of our Soveraign Lady Elizab. by the grace of God Queen of England France Ireland Defender of the Faith c. Between Peter Vavasor of the Midle Temple in London Esq of the one party
at Westminster in the County of Midd. was holden at Westminster aforesaid unto the Castle of the Lady the Queen c. is adjorned c. and their holden c. Afterwards the said Lady the Queen By other Letters Patents Constituted John Clench and Francis Rodes one of her Serjants at Law Justices to Assizes in the a-aforesaid County of York c. And the said Justices by virtue of the said Lett. Patents Afterward that is to say Monday in the 4th week of Lent in the yeer of the Reign of the said Lady the Queen that now is the 25th At the Castle of York came before whom then and there come the aforesaid Thomas Dowman and Elizabeth by their Attorney aforesaid and pray a Writ of Reattachment to the aforesaid Edward George Richard Coats c. that they be before the Justices of the Lady the Queen at the next Assizes in her County of York to be taken assigned to be holdē at the afores Castle of York to hear the Record and their Judgement of the Assize aforesaid w hc was in the Court of the said Lady the Queen that now is at the Castle aforesaid so that that Assize then be here in the State as it was in the Court of the said Lady the Queen that now is before the aforesaid John Clench and Francis Gawdy Justices to Assizes c. At the aforesaid Castle of York the aforesaid Monday the 6th day of August in the year of the said Lady the Queen that now is the 24th in which day the Assize aforesaid was adjorned before the said John Clench and Francis Gawdy then Justices c. from the aforesaid Castle of York unto the aforesaid Inn of the Justices in Chancery Lane London untill the aforesaid Saturday next after the aforesaid morrow of All Souls then next following c. At which next Assizes holden at the Castle of York aforesaid Monday the 29th day of July in the yeer of the Reign of the said Lady the Queen that now is the 25th before the aforesaid John Clench and Francis Gawdy then Justices to Assizes c. came as well the aforesaid Thomas Dowman and Elizabeth by their Attorny aforesaid as the aforesaid Edward George Richard Coats Iohn William Robert and Robert by the aforesaid Thomas Hill their Attorny And the Sheriff that is to say Thomas Wentworth Esq now sent That the aforesaid Edward Vavasor George Richard Coats Iohn William Robert and Robert c. And upon this day is given to them before the Justices of the said Lady the Queen that now is of the Bench in the Bench at Westminster in the morrow of All Souls next comming to hear and receive what to the said Justices should seem in this behalf because the said Iohn Clench and Francis Rodes Justices to Assizes c. thereof not yet c. And the Assize aforesaid with all touching the same to the said Justices of the Bench is sent c. The Warrant of Attorny followes and the Writ of Resummons in the Roll and the Tenor of the Writ of Reattachment and Retorn of the said Writ Elizabeth c. To the Sherriffs of York greeting Reattach Edward Vavasor Esq George Richard Coats Iohn William Robert and Robert or their Bailiffs if they shall not be found before our Justices to Assizes in your County to be taken assigned at the Castle of York in your County upon Monday the 22d. day of Iuly then next to come to hear the Record and Judgement of the Assize of Novel disseisin which was in our Court at the Castle aforesaid which Assize Thomas Dowman Esq and Elizabeth his Wife there arraigned against them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of Pasture with the Appurtenances in Spaldington VVillytoft and Southcone So as they that Assize then be there in the same state as it was in our Court before Iohn Clench third Baron of our Exchequer and Francis Gawdy one of our Serjants at Law our Justices to Assizes in your County to be taken assigned At the aforesaid Castle of York Monday the 6th day of August last past which day the assize aforesaid for certain causes was from thence adjorned before the same our Justices unto the Inn of the Justices in Chancery Lane London Untill Saturday next after the morrow of All Souls then next following And have here the names of the Pledges and this Writ Iohn Clench at the Castle of York the 11th day of March in the yeer of our Reign the 25th Frankland Cresly The within named Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert hath not any thing nor any of them have any thing in my Baliwick by which they can be attached or any of them can be attached nor have they nor any of them hath a Bailiff or Bailiffs nor are they or any of them to be found in the same Thomas VVentworth Esq Sheriff And now here that is to say at VVestminster aforesaid at this day that is to say at the aforesaid morrow of All Souls came as well the aforesaid Thomas Dowman and Elizabeth by the aforesaid Henry Cressy their Attorny as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by Tho. Algar their Attony And because the Justices of the Bench here will avise themselves of and upon the premses before they give their Judgement thereof day is given to the parties here until 8. dayes of St. Hillary and so it is continued in 8. dayes of St. Hillary the yeer following At which day here come as well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Indenture by the aforesaid Peter Vavasor Esq after the aforesaid Recovery in form aforesaid made and had was good and sufficient in the Law to lead the uses of the Recovery aforesaid of the Tenements aforesaid with the Appurtenunces so that the same Recovery of the Tenements aforesaid with the Appurtenances in the view of the Recognitors of the Assize aforesaid put and in the Plaint aforesaid specified by the aforesaid Andrew VVindsor VVilliam Vavasor Peter Vavasor the younger and John Laundere against the aforesaid Peter Vavasor Esq in form aforesaid had was to those uses in the aforesaid barr of the aforesaid Edward above specified in manner and form as the said Edward in his bar aforesaid above alleged Therefore it is considered That the aforesaid Thomas Dowman and Elizabeth take nothing by their Writ aforesaid but in mercy for their false clamour c. And the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert go thereof without day c. Audita Querela Easter Term Anno 80. of King JAMES Doctor Druries Case C. 8. part Fol. 139. a. AT another time as appeareth in
the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is of England France and Ireland the 7th and of Scotland the 42 d. Rott 3642. It is contained thus Somers ss It was commanded to the Sherriff Whereas of the grievous Complaint of Owen Bray of Cobham in the County aforesaid Gent. to the Lord the King grievously complaining It was shewed That whereas John Drury Doctor of Law in the Court of the Lord the King of the Bench here That is to say In the Term of St. Michael in the yeer of the Reign of the said Lord the King of England the 5th before the Justices of the said Lord the King of the Bench aforesaid here that is to say at Westminster by Judgement of the said Court had recovered against the said Owen as well a certain debt of 200. pounds as 33. shillings 4. pence which to the said John in the Court aforesaid of the said Lord the King here were adjudged for his damages which he had by occasion of the detaining of the said debt whereof he is convicted And whereas also the said Owen for that that he did not come unto the said Court of the Lord the King here to satisfy the aforesaid John of the debt and damages aforesaid was put in exâ—gent in the County of the Lord the King of Sussex to Outlawry and for that occasion afterwards that is to say the 19th day of May in the yeer of the Reign of the Lord the King that now is was Outlawed And notwithstanding the said Owen in execution for the Debt and Damages aforesaid by virtue of a certain Writ of the said Lord the King of Capias utlagatum thereof to the late Sheriff of the aforesaid County of Surry by Herbert Morley Esq then Sheriff of the aforesaid County of Surry at the Sute of the said Iohn was taken and imprisoned And after he was so taken and imprisoned was by the said Sheriff out of the same Prison at large where he would freely and voluntarily suffered to go and from the execution aforesaid was delivered as the said Owen by ways and means convenient was ready to shew Yet the aforesaid Iohn sueth forth Execution of the Debt and Damages aforesaid against him the said Owen by reason of the Recovery aforesaid and endeavoureth and threatneth unjustly him the said Owen to be taken and imprisoned to his no smal Damage Whereupon he had supplicated the Lord the Kings congâ—uous remedy for him to be provided The said Lord the King Willing what is just to be done to the said Owen in this behalf sent to the Justices here That the Complaint of the said Owen in this part being heard and calling before theâ— the Parties aforesaid and other which in this behalf they shall see to be called and their reasons thereof here being heard To the said Owen full and speedy Justice they should cause to be done in this behalf which of right and according to the Law and custom of the Kingdom of the Lord the King of England should be done And that they cause to come here at this day that is to say from the Holy Trinity in 15. dayes the aforesaid Iohn to answer of and upon the premises and further to do and receive what the Court the said Lord the King here shall consider in that behalf And now here at this day come as well the aforesaid Owen by Otho Gayer his Attorny as the aforesaid Iohn by Iohn Nye his Attorny And upon this the said Owen saith That whereas the aforesaid Iohn in the Court of the said Lord the King that now is here that is to say in the Term of St. Michael in the yeer of the Reign of the Lord the King that now is of England c. the 5th before Edward Coke Kut and his Companions then Justices of the said Lord the King of the same Bench here that is to say at VVestminster by the consideration of the said Court recovered against the said Owen as well the aforesaid Debt of 200. pounds as the aforesaid 33. shillings and 4. pence which to the said Iohn in the same Court of the said Lord the King here was adjudged for his Damages which he had by occasion of detaining the same Debt whereof he is convicted And whereas also the said Owen for that he did not come into the same Court of the said Lord the King here to satisfie the said Iohn of his Debt and Damages he was put in Exigent in the aforesaid County of Sussex to be Outlawed and for that occasion afterwards that is to say the 9th day of May in the yeer of the Reign of the Lord the King that now is the 6th was Outlawed upon the said Outlawry the aforesaid Iohn Drury afterwards that is to say in the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is the 6th abovesaid sued forth out of the Court of the Lord the King of the Bench here a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen then to the Sherriff of the aforesaid County of S. directed By which Writ the said Lord the King then commanded the said Sherriff of S. that he do not omit for any Liberty within his County but that he take the said Owen Outlawed in the said County of Sussex the said 19th day of May in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid At the Sute of the said Iohn Drury of the plea of Debt whereof he is convicted of c. And him safely keep c. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls then next comming to do receive what the Court of the said Lord the King thereof should consider in that behalf By virtue of which Writ the said Owen afterwards that is to say the 7th day of October in the 6th yeer aforesaid at Guildford in the aforesaid County of Surry by the aforesaid Rob. Morley then being Sheriff of the aforesaid County of Surry was taken and imprisoned And after he was so taken and imprisoned the said Owen by the said Sherriff the same day and yeer c. At Guildford aforesaid out of that Prison at large where he would freely and voluntarily to go was suffered and from the execution aforesaid was delivered And this he is ready to aver Whereupon he prayeth Judgement And that the aforesaid John from having his execution aforesaid by colour of the Judgement aforesaid be barred and that the said Owen thereof be discharged c. And the aforesaid John prayeth licence thereof to imparl here until 8. dayes of St. Michael c. And hath it c. And the same day is given to the aforesaid Owen here c. At which day the plea aforesaid was adjorned by Writ of the Lord the King of Common adjornment
themselves of and upon the premises before that they give their Iudgement thereof Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their Iudgement because the same Iustices here thereof are not yet c. Actions of Debt Trinity Anno. 70. of King JAMES Vineors Case Rot. 2629 C. 8. part fo 80. a WIlliam Wilde late of Themilthorp in the County aforesaid Yeoman Norff. otherwise called William Wilde of Themilthorp in the County aforesaid Yeoman was summoned to answer to Robert Vineor of a plea that he renders unto him 20 pounds which to him he oweth and unjustly detayneth c. And whereupon the said Robert by Thomas Vynior his Attourney saith that whereas the said William the 15th day of July in the year of the reign of the Lord the King that now is of England France and Ireland the 6th at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was therof required yet the said William although often required the aforesaid 20 pound to the said Robert not yet hath rendred but the same to him hitherto hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the valew of 10 pound and thereof hebringeth sute and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie whose date is the day and year aforesaid c. And the aforesaid William by John Bussel his Atturney commeth and defends the force and injury when c and prayeth the hearing of the writing aforesaid and it is read unto him he also prayeth the hearing of the Condition of the said writings and it is read unto him in these words The Condition of this Obligation is such that if the above bounden William Wilde do and shall from time to time and at all times hereafter stand to abide observe perform fullfill and keep the Rule Order Judgment Arbitrament Sentence and final Determination of William Rugge Esquire Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said William Wilde as of the part and behalf of the abovenamed Rober Vynior to Rule order adjudge arbitrate and finally determine all matters sutes Controversies debates griefes and contentions heretofore moved and stirred or now depending between the said parties touching or concerning the sum of 22 pence heretofore taxed upon the said William Wilde for diverse kind of Parish business within the said Parish of Themilthorp so as the said A ward be made and set down in writing under the hand and seal of the said William Rugge at or before the Feast of St. Michael the Archangel next insuing after the date of these presents that then this present obligation to be void and of none effect or else the same to stand abide and remain in full power strength and virtue Which being read and heard the said William Wilde saith that the aforesaid Robert his action aforesad against him ought not to have because he saith that the Arbitrator aforesaid after the making of the writings and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition this c. he is ready to aver whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have And the aforesaid Robert saith That he by any thing before alleged from having his action aforesaid ought not to be barred because he saith that the said William Wilde after the making of the writing aforesaid and before the aforesaid Feast of Saint Michael the Archangel then next following that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England c. the 6th aforesaid at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and yeare reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing Obligatorie in the sum of 20 pound which condition in the said writing for the performance and fulfilling of the Arbitrament Rule Order Judgement Sentence and final determination of William Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared or might appear then the said William intending the revocation thereof by the said writing of Revocation revoked and did call back all the authority whatsoever which the said William Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator and then altogether dissallowed and held void all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament Rule Order Iudgement Arbitrament Sentence and Determination of all matters sutes controversies debates griefs and contentions then before moved and stirred or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wilde according to the aforesaid writing Obligatory as it was in the same mentioned and declared as by the said writing of Revocation more fully appeareth and this he is ready to aver whereupon in as much as the aforesaid William Wilde after the making of the writings aforesaid before c. the said Feast of Saint Michael the Archangel then next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid of all authority of arbitrating of and upon the premises in the condition aforesaid above specified contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him c. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing and not other nor diverse And the said William Wilde saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have and maintain and that he to that plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bounden to answer and this he is ready to aver whereupon and for want of
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
th year of his Reign and from thence adjorned to Westminster and there holden and from that time continued by divers prorogations untill the 4 th day of February in the year of his Reign the 27 th and then and there holden amongst other things it was enacted That the said late King Henry the 8 th his Heirs and Successors Kings of England should have hold and enjoy to him for ever the Lordships or Manor of Bishops Lynne and Gaywood amongst other with all and singular their Appurâ—enances As also all Liberties Franchises Goods and Chattels Waifes and Strays Views of Frank-pledge Courts profits of Courts and all and singular other Temporal possessions and Hereditaments with the appurtenances in Bishops Lynne and Gaywood aforesaid which late before then belonged to the late Bishop of Norwich as in the said Act of Parliament more fully appeared The said late King Hen. the 8th For that by the said Act the same Mannors and Possessions to him and his Heirs Kings of England were enacted and were willed and Ordained by the same his Letters Patents declared for him and his Heirs That the said Town of Bishops Lynne from thenceforth for ever should be named and called Kings Lynne and not by any other name and that the same name of Bishops Lynne from henceforth should be destroyed and deprived And further the said late King Henry out of his special grace and meer motion and for the love which he bore to the aforesaid his beloved and faithful Subjects The Mayor and Burgesses of his Borough of Lynne aforesaid in his County of Norfolk aforesaid and the said Borough and the Inhabitants of the same he had and bore desiring further peace quiet and tranquillity in the said Borough continually to be had and from time to time to be encreased from whence all prosperity utility and their accommodations undoubted take beginning had condescended and by the same his Letters Patents had granted for him his Heirs and Successors to the aforesaid Mayor and Burgesles and Inhabitants of his Borough aforesaid That they for ever after The name of Mayor and Burgesses of his Borough of Lynne Regis commonly called Kings Lynne in his County of Norfolk should have and enjoy and by the same name should be called and named and not by any other name And that by the same name they should be persons able and capable in Law to have and purchase Lands and Tenements Goods and Chattels and other possessions whatsoever and to plead and be impleaded answer and to be answered defend and might be defended before whatsoever Justices either Judges Temporal or Spiritual in what Court soever and in all and singular Actions â—â—uses Matters Plaints and Demands of what kind soever they should be or nature in the same manner as the other Liege people of the said late King were able and capable in Law to plead and be impleaded answer and be answered defend or might be defended as by the said Letters Patents to the Jurors aforesaid in evidence shewed amongst other things more fully appeareth And farther the Jurors say upon their Oath aforesaid That after the making of the said Letters Patents aforesaid that is to say the aforesaid 27 th day of Ianuary in the year of the Reign of the Lord the King that now is the 6 th within written The aforesaid John Payne the Testator in his life The writing Obligatory in the Declaration above specified made sealed and as his Deed delivered to the aforesaid Mayor and Burgesses of the Borough of the Lord the King of Lynne Regis commonly called Kings Lynne in his County of Norfolk in the aforesaid Letters Patents named By the name of the Mayor and Burgesses of Kings Lynne in the County of Norfolk But whether upon the whole matter aforesaid by them the said Jurors in form aforesaid found the writing Obligatory aforesaid in the Declaration within written be the Deed of the said John Payne or not the same Jurors are altogether ignorant and pray thereof the advise of the Justices and Court here c. And if upon the whole matter aforesaid by them the said Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid in the Declaration within written specified be the Deed of the aforesaid John Payne the Testator Then the said Jurours say upon their Oath aforesaid That the writing aforesaid is the Deed of the said John Payne the Testator and then they assess the damages of the said Mayor and Burgesses by occasion of deteining of the debt within written above their Costs and Charges by them in their sute in this behalf expended to 12. pence and for their Costs and Charges to 12. pence And if upon the whole matter aforesaid by them the Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid be not the Deed of the aforesaid John Payne the Testator Then the said Jurors say upon their Oath aforesaid That the writing aforesaid is not the Deed of the aforesaid John Payne the Testator aâ— the aforesaid John Payne the Executor above in pleading hath alleaged 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 untill c. To hear their Judgement thereof because the said Justices here thereof are not yet c. Dower Trinity Term Anno 80. Of King JAMES Edward Althams Case Co. 8. part fol. 14. a. THomas Lawrence and Marcy his Wife by Charles Cardinal their Attorny demand against Edward Altham Gent. and Margaret his Wife the Third part of 100. Acres of Land 10. Acres of Meadow and 60. Acres of Pasture with their Appurtenances in Gosfield as the Dower of the said Marcy of the Endowment of Thomas Nash the Elder sometimes her Husband c. And the aforesaid Edward and Margaret by John Rowley their Attorny come and say That the aforesaid Thomas and Marcy the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes Husband c. Against them ought not to have because they say That the said Thomas Nash sometimes the Husand c. Was seized of the Tenements aforesaid whereof c. In his Demesn as of Fee and held the same of John Wentworth Esq as of his Mannor of Gosfield with the Appurtenances in the County aforesaid in Free Socage that is to say by Fealty only for all manner of Services and Demands And the said Thomas so of the Appurtenances whereof c. being seised The 10 th day of April in the yeer 1592. at Gosfield aforesaid made his Testament and last Will in writing And by the same his last Will willed and bequeathed the Tenements aforesaid with the Appurtenances whereof to one Zachary Nash Younger Son of the same Thomas Nash To have and to hold to the said Zachary for term of his
life And afterwards there dyed of such estate thereof seised After whose death the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Freehold for the Term of his life by virtue of the bequest aforesaid and the Reversion of the Tenements aforesaid with the Appurtenances whereof c. after the death of the said Thomas did descend to one Thomas Nash as Son and Heir of the aforesaid Thomas Nash sometimes Husband c. By which the said Thomas the Son was seised of the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. as of Fee and Right And the said Thomas so thereof being seised and the aforesaid Zachary of the Tenements aforesaid with the Appurtenances whereof c. So as before is said being seised The aforesaid Marcy after the death of the said Thomas Nash sometimes her Husband c. in the Widdowhood of the said Marcy whilest she was single that is to say The 27 th day of April in the yeer of the Reign of the Lady Elizabeth late Queen of England the 35 th at Gosfield aforesaid by her writing of Release which the said Edward and Margaret with the seal of the said Marcy sealed here in Court bring whose date is the same day and yeer by the name of Marcy Nash the Widdow of Thomas Nash late of Feringe in the County of Essex deceased remised released and altogether for her her Heirs Executors and Administrators for ever quit claimed to the aforesaid Thomas Nash Son and Heir of the aforesaid Thomas Nash sometimes the Husband of the said Marcy by the name of Thomas Nash of Wetherfield in the County aforesaid Yeoman Son and Heir of the said Thomas Nash late her Husband All and all manner of Actions as well Real as Personal all Sutes Quarrels and Demands whatsoever which she the said Marcy or her Executors against the said Thomas Nash Son and Heir Executors ever have or had then had or ought to have or any wayes then might or would have by reason of any thing cause or deed whatsoever from the beginning of the world unto the day of the date of the same Writing of Release After which Writing of Release to the aforesaid Thom. the Son as before is said made The aforesaid Thomas the Son of the Reversion of the Tenements aforesaid with the Appurtenance whereof c. in form aforesaid being seised At Gosfield aforesaid dyed of such his estate thereof seised After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. did descend to the aforesaid Margaret as Daughter and Heir of the aforesaid Thomas the Son By which the said Margaret was seised of the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. as of Fee and Right and she the said Margaret so of the same Reversion as before is said being seised And the aforesaid Zachary of the Tenements aforesaid with the Appurtenances whereof c. in form aforesaid being seised The said Zachary afterwards at Gosfield aforesaid dyed of such his estate thereof seised After whose death the said Margaret into the Tenements aforesaid with the Appurtenances whereof c. entred and was thereof seised in their Demesn as of Fee and Right and so thereof being seised The said Margaret afterwards and before the day of bringing the Original Writ as aforesaid of the said Thomas and Lawrence and Marcy at Gosfield aforesaid took to Husband the aforesaid Edward Altham By which the said Edward and Margaret were and yet are seised of the Tenements aforesaid with the Appurtenances whereof in their Demesn as of Fee in the Right of the said Margaret And this they are ready to aver and demand Judgement if the aforesaid Thomas Lawrence and Marcy Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes the Husband c. against them ought to have c. And the aforesaid Thomas Lawrence and Marcy demand the hearing of the aforesaid Writing of Release And it is read unto them in these words To All Faithful People to whom this present Writing shall come Marcy Nash the Widow of Thomas Nash late of Feringe in the County of Essex greeting in our Lord God everlasting Know Me the aforesaid Marcy being in my pure Widowhood and â—ull power to have Remised Released and altogether for Me my Heirs Executors and Administrators for ever quit claimed to Thomas Nash of Wetherfield in the County aforesaid Yeoman All and all manner of Actions as well real as personal Sutes Quarrels and Demands whatsoever As also all my Dower and Title and Action of Dower to me appertaining by the death of the said Thomas my Husband of any of his Lands and Tenements in Wetherfield aforesaid what or which I the said Marcy or my Executors against him the said Thomas Nash the Son or his Executors I ever had have or any wayes hereafter may have we have or may have by reason of any thing cause or deed whatsoever from the beginning of the World unto the day of the Date of this present Writing of Release And further know ye Me the aforesaid Marcy to have given and Remised to the said Thomas Nash the Son All the Goods late of the said Thomas my Husband which were in the possession of the said Thomas the Son or his Assignes at the time of the making of this deed of Release In Witnesse whereof to this my present Writing I have set my Seal Dated the 27 th day of April in the yeer of the Reign of our Lady Elizabeth by the Grace of God of England France and Ireland Queen defendor of the Faith c. the 35 th Which being read and heard The said Thomas Lawrence and Marcy say That they for any thing before alleged for having the Dower of the said Marcy ought not to be barred because they say That the aforesaid Thomas Nash sometimes Husband c. in his life time and at the time of his death was seised as well of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid As of Two Messuages and 200. Acres of Land with the Appurtenances in Wetherfield aforesaid in his Demesn as of Fee And so thereof being seised at Gosfield aforesaid by his Last Will and Testament in Writing devised the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid to the aforesaid Zachary Nash younger Son of the said Thomas Nash sometimes Husband c. And afterwards at Gosfield aforesaid dyed After whose death the said Thomas Nash the younger as Son and Heir of the said Thomas Nash sometimes Husband c. into the Tenements aforesaid with the Appurtenances in VVetherfield aforesaid entred and was thereof seised in his Demesn as of Fee and Right And the said Zachary into the Tenements aforesaid with the Appurtenances whereof
to say the 10 th day of June in the year of the Reign of the Queen that now is the 28 tâ— came into Court the said William Paynter by the aforesaid Thomas Antrobas his Attorney by a special Warrant to him made in this behalf and acknowledged That he is satisfied of the debt and damages aforesaid Therefore the said Richard of the debt and those damages be acquitted c. Trinity 27o. Eliz. Rott 1354. in the Common Pleas. Wisemans Case Co. 1. part Fol. 1. a. AT another time as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is the 27 th Rott 1056. it is conteined thus Essex ss Richard Bernard of great Braxsted in the County aforesaid Yeoman was summoned to Answer to Iohn Wiseman of a Plea that he render to him 18. pound which he oweth him and unjustly deteineth c. And whereupon the said Iohn by Apollo Playne his Attorney saith That whereas one Thomas Wiseman was seised of and in the Island of Osee with the appurtenances in great Totham in the County aforesaid in his demesn as of Fee and so thereof being seised The said Island with the appurtenances held of the Lady the Queen â—hat now is as of her Manor of East Greenwich in the County of Kent in free Socage that is to say by Fealty only The said Thomas so thereof being seised the 15 th day of October in the year of the Reign of the Queen that now is the 19 th at Great Totham aforesaid demised the one moyety of the said Island to the aforesaid Richard To have and hold the said moyety with the appurtenances to the said Richard from the feast of St. Michael the Archangel then last past untill the end and Term of 21. years from thence next following fully to be compleated Yielding and paying therfore yearly to the aforesaid Thomas his Heirs and Assigns 36. pound of Lawful Money of England at two Terms of the year That is to say at the Feast of the Nativity of Saint Iohn the Baptist and the Birth of our Lord by equal portions to be paid By virtue of which demise the aforesaid Richard in the moyety aforesaid with the appurtenances did enter and was and yet is thereof possessed and so being thereof possessed and the said Thomas of the reversion of the said moyety as of Fee and Right and of the other moyety of the Island aforesaid being seised in his demesn as of Fee the said Thomas had issue William his Son and Heir apparent and the said William had issue John his Son and Heiâ— apparent and afterwards the said William at Great Totham aforesaid dyed and the aforesaid Thomas of the Reversion of the one Moyety of the Island aforesaid of the othâ—r Moyety of the said Island with the appurtenances in form foresaid being seised The said Thomas so thereof seised the 20th day of November in the 23th year of the Reign of the Queen that now is at Great Totham aforesaid made his Testament and last Will in writing and by the same willed and bequeathed to one Thomas Wiseman his Son the said Reversion of the aforesaid Moyety of the Island aforesaid and the other Moyty of the said Island To have to him and the Heirs males of his body lawfully begotten and for default of such issue the remainder to the right Heirs of the said Thomas Wiseman the Father for ever And afterwards The said Thomas Wiseman the Father at Great Totham aforesaid dyed of such Estates of the aforesaid reversion of the one Moyety of the Island aforesaid and of and in the aforesaid other Moyety of the said Island with the appurtenances seised After whose death the aforesaid Thomas Wiseman the Son into one Moyety of the Island aforesaid entred and was thereof seised in his demesn as of Fee-tail and seised of the aforesaid Reversion of the other Moyety of the said Island as of Fee-tail that is to say to him and the Heirs males of his body lawfully begotten the reversion thereof to the said John as Cosin and Heir of the said Thomas Wiseman the Father belonging that is to say as Son and Heir of William Wiseman deceased Son and Heir of Thomas Wiseman the Father And the aforesaid Thomas Wiseman the Son so thereof being seised and the said John Cosin and Heir of the aforesaid Thomas the Father of the Reversiâ—n thereof as of Fee and Right being seised The said John the 16th day of May in the year of the Reign of the Queen that now is the 24 th at great Totham aforesaid By his Indenture baring date the same day year made between him the said John VViseman by the name of John VViseman of the Inner Temple London Gent. Cosin and next Heir of Thomas VViseman late of Norhead within the Parish of Muchwaltham in the County of Essex Esq deceased of the one party and Anthony Everard John Mead and John Sorrel by the name of Anthony Everard of the Inner Temple London Gent. Iohn Meade of Great Easton in the County of Essex Gent. and Iohn Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party and in the Court of the said Lady the Queen that now is of Pleas holden before the Queen her self within 6 Moneths then next following according to the form of the Statute in such case late had and provided in due manner of Record enrolled and of which one part with the seals of the said Anthony Iohn Meade and Iohn Sorrel Sealed the said Iohn VViseman here in Court brings whose date is the said 6 th day of May in the 24 th yeer aforesaid testifying That the aforesaid Thomas VViseman as well in consideration and to the intent That all and all manner the Manors Messuages Lands Tenements and Hereditaments with all and singular their appurtenances should and might for ever after continue remain and be at the will and good pleasure of God in the Stock Name or Bloud of the said Iohn VViseman as for divers other good causes and considerations him the said Iohn VViseman then especially moving had Covenanted and Granted for himself his Heirs Executors Administrators and Assigns To and with the said Anthony Everard Iohn Meade and Iohn Sorrel their Heirs Executors and Administrators and the Heirs Executors and Administrators of every of them by the said Indenture That he the said Iohn VViseman his Heirs and Assigns should and would immediatly from henceforth stand and be seised of and in the Reversion and Reversions Remainder and Remainders of all and singular the Manors Lands Tenements and Hereditaments before mentioned To the use of the said Iohn VViseman and the Heirs males of his body lawfully to be begotten and for default of such issue To the use of VVilliam VViseman Brother of the said Iohn VViseman lawfully begotten and for default of such issue To the use of Thomas VViseman another Brother of the said Iohn VViseman and the Heirs males of the body
of the said Thomas lawfully to be begotten And for default of such issue To the use of the Heirs of the body of VVilliam VViseman Father of the said Iohn VViseman and the Heirs of their bodies lawfully to be begotten and for default of such issue To the use of the Heirs of the body of the aforesaid Thomas VViseman deceased and the Heirs of their bodies lawfully to be begotten and for default such issue To the use of the Lady the Queen that now is and the Heirs and Successors of the said Lady the Queen Kings and Queens of this Realm of England for ever as by the said Indenture amongst other things it more fully manifest and doth appear By vertue of which Indenture and by force of a certain Act in Parliament of the late King Henry 8. at Westminster in the County of Middlesex the 4 th day of February in the yeer of his Reign the 27 th of transferring of uses in possession then holden set forth The said John VViseman was seised of the Reversion of the whole Island aforesaid as of Fee tail and right and for default of such issue the remainder to the aforesaid VVilliam VViseman Brother of the said John VViseman and the heirs males of the Body of the said VVilliam lawfully to be begotten And for default of such issue To the use of the said Thomas VViseman another Brother of the said John VViseman and the heirs males of the Body of the said Thomas lawfully to be begotten And for default of such issue the remainder thereof to of the heirs of the body of the aforesaid VVill VViseman the Father and the heirs of their bodies lawfully to be begotten And for default of such issue the Remainder thereof to the heires males of the Body of the said Thomas VViseman desceased and the heirs males of their Body lawfully to be begotten And for default of such issue The remainder there to the said Lady the Queen that now is her Heirs and Successors Kings and Queenes of this Kingdom of England belonging And the beforesaid John of the aforesaid Reversion of the whole Island aforesaid as of Fee tail and right in form aforesaid being seised the remainder thereof further in the form aforesaid belonging The said Thomas VViseman the Son afterwards that is to say the 15 th day of July in the year of the said Lady the Queen that now is the 26 th at great Totham aforesaid dyed without heir male of his body lawfully begotten After whose death the said John into one Moyety of the Island aforesaid with the Appurtenances entred was and yet is thereof seised in his Demesn as of Fee tail And likewise the said John was and yet is seised of the aforesaid Reversion of the other Moiety of the said Island as of the Fee tail and of right And thereof being seised And the said Richard of the said other Moiety of the aforesaid Island with the Appurtenances in form aforesaid being possessed The aforesaid 18. pounds of the Rent aforesaid for half a yeer ended at the Feast of the Birth of our Lord in the year of the Reign of the Lady the Queen that now is the 27 th to the said John was behind and do yet remain unpaid For which Action accrued to the said John to require and have of the said Richard the aforesaid 18. pounds Yet he the said Richard although he was often required the said 18. pounds to the said John hath not yet rendered but hitherto to render to the same to him hath denyed and yet doth deny Whereupon he saith he is the worse and hath damage to the value of 20. pounds And thereof he bringeth Sute c. And the said Richard Barnard by John Cook his Attorny comes and doth defend the force and injury when c. And saith That the aforesaid John Wiseman his Action aforesaid against him ought not to have because he saith That well and true it is That the aforesaid Thomas Wiseman the Father was seised of the Island aforesaid in his Demesn as of Fee And that the said Thomas demised unto the said Richard Barnard the Moiety of the Island aforesaid with the Appurtenances And that the said Thomas Wiseman the Father by his aforesaid Testament and last Will willed and bequeathed to the abovesaid Thomas Wiseman the Son the aforesaid Reversion of the said aforesaid one Moiety of the said Island aforesaid and the other Moiety of the said Island in form aforesaid And that the said Thomas Wiseman the Son By virtue of the bequest aforesaid was seised of the one Moiety of the Island aforesaid in his Demesn as of Fee tail and of the Reversion of the other Moiety thereof in Demesn as of Fee tail and Right that is to say to him and the heirs males of his Body lawfully begotten as the aforesaid John Wiseman by his Declaration aforesaid above supposeth But the said Richard Barnard further saith That the said Thomas Wiseman the Son of the one Moiety of the Island aforesaid and of the Reversion of the other Moiety in â—orm aforesaid being seised One John Godfrey the 9 th day of June in the yeer of the Reign of the said Lady the Queen that now is the 26 th sued forth out of the Court of the Chancery of the said Lady the Queen that now is in the said Court of Chancery at Westminster aforesaid then being a certain writ of the said Lady the Queen of Entry upon Disseisin in the Post against the said Thomas Wiseman by the name of Thomas VViseman Gent. of the Island aforesaid with the Appurtenances amongst other things to the Sheriff of the County of Essex directed by which Writ the said Lady the Queen that now is then commanded the said Sheriff that the said Sheriff should command the said Thomas VViseman the Son that truly and without delay he should render to the said John Godfrey the Island aforesaid with the Appurtenances amongst other things by the name of the Mannor of Mockinghall with the Appurtenances and 22. Messuages 3. Dove-houses 23. Gardens 430. Acres of Land 162. Acres of Meadow 460. Acres of Pasture 22. Acres of Wood 110. Acres of Furrs and Heath 400. Acres of Marsh as of 50. shillings of Rent with the Appurtenances in Barlinge the great Staubrigge great Wakeringe little Wakeringe Leigh Shopland Rochford Prtâ—lewell Benflâ—â—t Foulnes Althorpe Thundersley Hadley Great Baddowe Great Totham and Gouldhanger which he claimed to be his Right and his inheritance And into which the said Thomas Wiseman then had not entry but after the Disseisin which Hugh Hunt unjustly without Judgement did to the said John Godfrey within 30. yeers then last past as he then said And whereof he then Complained That the said Thomas VViseman the Son him then did deforce And unlesse he should do it and the aforesaid John Godfrey should then make the said Sheriff secure his clamour to prosecute then he summon by good summons the aforesaid Thomas Wiseman the
Son that he be before the Justices of the said Lady the Queen here at VVestminster aforesaid from the day of Holy Trinity in 15. dayes then next following to shew wholly he did not c. And that the said Sheriff should have here the summons and the said Writ At which 15. dayes of Holy Trinity before Edmond Anderson Kt. and his Companions then Justices of the said Lady the Queen that now is of the Bench here come as well the said John Godfrey as the said Thomas VViseman the Son in their proper persons And Thomas Lucas Kt. then Sheriff of the County of Essex aforesaid returned then here the Writ aforesaid to him in form aforesaid directed in all things served and executed That is to say That the said Iohn Godfrey found to the said Sheriff pledges to prosecute his Writ aforesaid that is to say Iohn Doo and Richard Roo And that the said Thomas VViseman the Son was summoned by Iohn Den and Richard Fen Whereupon the said Iohn Godfrey in his proper person in the said Court here declaring upon his Writ aforesaid then demanded against the said Thomas VViseman the Son the Mannors Tenements and Rents aforesaid with the Appurtenances as his right and his inheritance And into which the said Thomas had not entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the said John within 30. years then last past And whereupon then he said That he himself was seised of the Mannors Tenements and Rent aforesaid with the Appurtenances as of Fee and Right in the time o◠Peace in the time of the Lady the Queen that now is taking the Profits to the value c. And into which c. And thereupon he then brought Sute c. And the said Thomas VViseman the Son in his proper person then did defend his Right when c. And thereof vouched to Warranty David Howel who then was present in Court in his own person and freely the Mannor Tenements and Rents aforesaid with the Appurtenances to him did then warrant upon which the said John Godfrey then demanded against the said David then Tenant by his Warranty the Mannor Tenements and Rents aforesaid with the Appurtenances in form aforesaid c. And whereupon he then said That he himself was seised of the Mannor Tenements and Rents aforesaid with the Appurtenances in his Demesn as of Fee and Right in time of peace in the time of the Lady the Queen that now is taking the Profits to the value c. and in which c. and thereupon he brought his Sute c. And the said David Howel Tenant by his Warranty then defended his Right when c. And then said That the aforesaid Hugh did not disseise the said John Godfrey of the Mannor Tenements and Rents aforesaid with the Appurtenances as the said Iohn by his Writ and Declaration aforesaid above supposed And upon that then put themselves upon the Country And the said John Godfrey then demanded license thereof to imparle And he then had it c. And the said Iohn retorned back unto the same Court in the said Term in his proper person And the said David although solemnly demanded then came not again but in contempt of the said Court departed and made default Wherefore it was granted in the same Court That the said Iohn Godfrey should recover his seisin against the said Thomas Wiseman the Son of the Mannor Tenements and Rent aforesaid with the Appurtenances and that the said Thomas should have of the Land of the said David to the value c. And that the said David should then be in mercy c. And thereupon the aforesaid Iohn Godfrey then demand-the Writ of the said Lady the Queen to the said Sheriff of the County aforesaid to be directed to gve him full seisin of the Mannors Tenements and Rent aforesaid with the appurtenances And which was to him then granted retornable here without delay c And afterwards that is to say The 8th day of Iuly the self same Term came unto the said Court the aforesaid Iohn Godfrey in his proper person And the said Thomas Lucas then Sheriff of the County of Essex then here sent That he by virtue of the said Writ to him directed The 4th day of Iuly then last past delivered to the said J. Godfrey full seisin of the Mānor Tenements Rents aforesaid with the appurtenances as by the said Writ he was cōmanded Which Recovery and Execution thereupon in form aforesaid prosecuted and had was to the use of the said Thomas Wiseman the Son and his Heires for ever By virtue of which and of the said Statute in Parliament of the said Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th of transferring of uses into possessions held published and provided The said Thomas VViseman the Son was seised of the said Reversion of one Moyety of the Island aforesaid with the appurtenances amongst other things in his Demesn as of Fee and Right and so being thereof seized at great Totham aforesaid dyed of such his estate so thereof seised after whose death The aforesaid Reversion of the one Moyety of Island aforesaid with the appurtenances amongst other things to Elizabeth now the Wife of Richard Jeunius and Dorathy VViseman as Sisters and Heires of the said Thomas VViseman the Son which Elizabeth and Dorathy are yet above and in full life that is to say at great Totham aforesaid and this he is ready to aver whereupon he demandeth Judgement If the said Iohn VViseman his Action aforesaid against him ought to have c. And upon this The said Iohn VViseman prayeth license to imparle here until the next day after the Holy Trinity and hath it c. And the same day is given to the said Richard here c. And the said Iohn VViseman saith That he by any thing before alleged to have his Action aforesaid ought not to to be barred because he saith That long before the Recovery aforesaid of the Tenments aforesaid with the appurtenances in form aforesaid had By a certain Act of Parliament of the Lord Henry late King of England the 8th the most Dear Father of the Lady the Queen that now is at VVestminster in the County of Middlesex the 22d. day of Ianuary in the year of his Reign the 34th begun and there then holden and afterwards by divers progations continued untill the 12th day of May in the year of the Reign of the said late King Henry the 8th the 35th held amongst other Kings It was enacted by authority of the said Parliament That whereas divers of the Noble Progenitors of the said late King Henry the 8th and especially the said late King chiefly liberally above all others had given granted or otherwise had provided to his and their loving and good Servants Subjects as well Nobles as others Mannors Meases Lands Tenements Rents Services and Hereditaments to
the Queen that now is the 29th day at VVestminster in the County of Middlesex before Christopher VVray Knight then Chief Justice of the said Lady the Queen of Pleas before the said Queen holden Assigned by their certain writing Obligatory Sealed with their Seals had granted themselves to be bounden and did acknowledge themselves to owe to the aforesaid Titus by the name of Titus VVestbie Citizen Merchant Taylor of London or to his certain Attorny shewing the said writing his Heirs or Executors in the feast of the Annunciation of the blessed Mary the Virgin then next following and if they should make default in the payment of the debt aforesaid Then the said Thomas Smith Edward VVinter and Anthony Bastard they willed and granted that then there should run upon the said Thomas Edward and Anthony and every of them their Heirs and Executors the penalty in the Statute staple of debts for Merchandizes in the same bought to be recovered ordained and provided and whereas also the said Thomas Edward and Anthony the said 440. pound by them in the form aforesaid acknowledged in the Feast aforesaid to the aforesaid Titus had not payed nor any of them had paid By which afterwards that is to say the Eleventh day of April in the year of the Reign of the said Queen that now is the 30th One Iohn Chomley Esquir the Clark of then said Lady the Queen that now is the Recognisance for debts to be recovered according to the form of the Satute in the like case provided deputed by his writing Sealed with his Seal the Recognisance aforesaid in the Chancery of the said Queen that now is at VVestminster aforesaid then being at the request of the said Titus did Certifie And the said Titus thereupon afterwards that is to say the 31th day of August in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid sued forth out of the said Court of Chancery at VVestminster aforesaid then being a certain Writ of the said Lady the Queen to the then Sheriffs of London directed By which Writ reciting Because the aforesaid Thomas Smith Edward VVinter and Anthony Bastard the 20th day of Ianuary in the year of the Reign of the said-Lady the Queen that now is the 29th before Christopher VVray Knight Chief Justice of the said Lady the Queen of Pleas before the said Queen to be holden assigned did acknowledge themselves to owe to the abovesaid Titus 440. pound which he the same Titus they ought to have paid in the Feast of the Annunciation of the blessed Mary the Virgin then next following and the same day of issuing out of this Writ had not payed nor any of them then had paid as was said The said Lady the Queen by the said Writ the then Sheriffs of London commanded That the bodies of the said Thomas Smith Edward VVinter and Anthony Bastard if they were Lay-men to take and in the prison of the said Lady the Queen that now is untill the said Thomas VVestbie of the debt aforesaid of the debt aforesaid safely to be kept and all the Lands and Chattels of the said Thomas Edward and Anthony in the Bailywick of the said Sheriffs by the Oaths of honest and lawful men of their Bailywick they should diligently extend and apprize and seize into the Lands of the said Lady the Queen that the same to the beforesaid Titus untill to him of his debt aforesaid he should be fully satisfied they should make delivery according to the form of the Statute at VVestminster for the like debts to be recovered thereof made unprovided and how the said Sheriffs aforesaid should execute the same they should make known to the said Lady the Queen in her Chancery in 15. dayes of Saint Martin then next coming wheresoever it should then be by their Letters Sealed and that they should have there the said Writ which said Writ the said Thomas VVestbie afterwards and before the said 15. day of Saint Martin that is to say the 8th day of September in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid at London that is to say in the Parish of Christ-Church in the Ward of Farrington within delivered to the said Themas Skinner and Iohn Catcher then being Sheriffs of London in form of Law to be executed And the said Titus further saith That the said Anthony Bastard at the same time of the delivery of the said Writ to the said Thomas Skinner and Iohn Catcher as before is said made was a Layman and yet is a Layman And that by virtue of rhe said Writ after and before the Retorn thereof that is to say The said 8th day of September in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Thomas Skinner and Iohn Catcher then being Sheriffs of London the aforesaid Anthony Bastard at London in the Parish and Ward aforesaid by virtue of the Writ aforesaid took and arrested and the said Anthony in Execution for the said aforesaid 440. pound then and there had according to the exigencie of the said Writ and the said Anthony under the Custody of the said Thomas Skinner and Iohn Catcher Sheriffs in execution in the form aforesaid being The said Thomas Skinner and John Catcher Sheriffs The said Anthony Bastard afterwards that is to say the 20th day of October in the 30th year aforesaid at London in the Parish and Ward aforesaid from the Custody of the said Thomas Skinner and John Catcher Sheriffs at large where he would go did suffer the said Titus of the aforesaid 440. pound not being satisfied Be which Action acrued to the said Titus to require and have of the said Thomas Skinner and John Catcher the aforesaid 440. pound for his debt aforesaid by the said Anthony in form aforesaid acknowledged yet the said Thomas Skinner and Iohn Gatcher although often requested c. the aforesaid 440. pound to the said Titus have not yet rendred but have hitherto denyed to render the same unto him and do yet deny so to do Whereupon the said Titus saith that he is the worse and hath Damage to the value of 400. pounds and thereof he bringeth his Sute c. And now at this day that is to say Monday next after 8 bh of St. Hillary the self same Term until which day the said Thomas Skinner and Iohn Catcher had license to imparle to the said Bill and then to answer c. before the Lady the Queen at Westminster come as well the said Titus Westbie by his Attorny aforesaid as the said Thomas Skinner and Iohn Catcher by Christopher Rust their Attorny And the said Thomas Skinner and Iohn Catcher defend the force and injury when c. And say That they do not owe to the aforesaid Titus the aforesaid 440. pounds or any penny thereof in manner and form as the said Titus above against them delareth And of this
they put themselves upon the Country And the said Titus likewise c. Therefore a Jury came before the Lady the Queen at Westminster upon Saturday next after 15. dayes of Easter And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the proceeding thereof was continued between the parties aforesaid of the plea aforesaid by Jurors put thereof between them in Respite before the Lady the Queen at Westminster untill Monday next after three Weekes of Holy Trinity then next following Unlesse the Beloved and Faithful of the said Lady the Queen Iohn Popham Kâ— Chief Justice of the Lady of Pleas in the Court of the said Lady the Queen to be holden assigned first upon Saturday next after 15. dayes of Holy Trinity at Guildhall London by form of the Statute c. cometh for default of Jurors c. At which Monday next after three Weekes of Holy Trinity before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid and the before said Chief Justice before whom c. sent here his record before him had in these words That is to say Afterwards the day and place within contained before Iohn Popham Kâ— Chief Justice within written associating to him Thomas Povey by the form of the Statute c. came as well the within named Titus VVestbie as the within written Thomas Skinner and Iohn Catcher by their Attornies within contained and the Jurors sworn whereof within is made mention some of them came and some of them did not come as it appeareth in the Pannel and some of the said Jurors now appeared that is to say Iohn Sly Thomas VVorship Arthur Parkins William Tegoe Iohn VViggenton appeared and were sworn in the Jury aforesaid and because that the rest of the Jurors of the said Jury did not appear Therefore others of the Standers by chosen by the Sheriffs of London at the request of the said Titus VVestbie and by the command of the Chief Justice aforesaid were new put whose names are fyled to the Pannel within written according to the form of the Statute in that case made and provided Which Jurors so a new put appeared that is to say Iohn Patson George Clarke Alexander Sharp Edward Flory Thomas Chapman Emanuel Trambel and Henry Field appeared who being sworn to the Truth of the matters which is contained with the other Jurors chosen tryed and sworn say upon their Oath That the within written Thomas Smith Edward Winter and Anthony Bastard the within written 21th day of Ianuary the 29th year within written at Westminster in the County of Middlesex within written before the within named Christopher Wray Kâ— then chief Justice of the Lady within written of Pleas before the Queen holden assigned by their writing Obligatory within written sealed with their Seales granted themselves to be bounden and acknowledged that they did owe to the aforesaid Titus the within written 440. pounds To be paid to the same Titus or his certain Attorney shewing that writing their Heirs or Executors in the within written Feast of the Annunciation of the blessed Mary the Virgin then next following and if they should make default in payment of the said Debt That then the said Thomas Smith Edward Winter and Anthony Bastard willed and granted that then should run upon them the said Thomas Edward and Anthony and every of them their Heirs and Executors the penalty in the Statute of Debts for Merchandizes in the same bought to be recovered ordained or provided in manner and form as the said Titus likewise within against them declared And that the said Statute by the said Thomas sueth Edward Winter and Anthony Bustard in form aforesaid acknowledged Afterwards that is to say the within written 11th day of April in the year of the Reign of the said Lady the Queen that now is the 30th within written by the within named Iohn Chomley Esq then Clark of the said Lady the Queen that now is of Recognizances of Debts to be recovered according to the form of the Statute in the like case provided deputed by his Writing within written sealed with his seal into the Chancery of the said Lady the Queen within written it was certified in manner and form as the said Titus within likewise against the said Thomas Skinner Iohn Catcher alledged And that thereupon the said Titus afterwards that is to say the within written the 31th day of August the 30th year within written sued forth out of the said Court of Chancery within written the Writ aforesaid within specified of the said Lady the Queen that now is to the Sheriffs of London directed By which Writ the said Lady the Queen that now is then commanded the Sheriffs of Lond. That the bodies of the within named Thomas Smith Edward Winter and Anthony Bastard if they were Laymen to be taken and in the Prison of the said Lady the Queen until the said Titus Westbie of the Debt aforesaid fully satisfied they should cause safely to be kept And all the Lands and Chattels of the said Thomas Edward and Anthony in the Balywick of of the said Sheriffs by the oath of honest and lawful men of their said Balywick by whom the truth of the matter may best be known according to the true value thereof they diligently cause to be extended and apprized and into the hands of the said Lady the Queen they make to be seised that the same to the aforesaid Titus until he should be fully satisfied of the Debt aforesaid they might be delivered according to the form of the Statute at Westminster for the like Debts to be recovered thereof made and provided And how the said Sheriffs have executed the said Command that they make known to the said Lady the Queen in the Chancery within 15. dayes of St. Martin then next wheresoever it should then be by their Letters sealed and that they should have here that Writ which said Writ the said Jurors say upon their Oath aforesaid That the said Titus Westbie afterwards that is to say the within written 8th day of September in the 30th year aforesaid at London aforesaid that is to say in the within written Parish of Christ Church in the Ward of Farrington within delivered to the said Thomas Skinner and John Catcher then being Sheriffs of London in form of Law to be executed in manner and form as the aforesaid Titus within likewise against them declared And further the Jurors aforesaid say upon their oath aforesaid That the said Anthony Bastard then that is to say the aforesaid 8th day of September in the 30th year aforesaid was in the Goale of the said Lady the Queen that now is of Newgate under the Custody of the said Tho. Skinner and J. Catcher then Sheriffs of London aforesaid in Execution at the sute of one Robert Dighton for the Debt of 240. pounds and the said Anthony Bastard so there
November next to come Unless Roger Manwood Kt. Chief Baron of the Exchequer of the said Lady the Queen upon Tuesday the 4 th day of November next following at the Guild-hall of the City of London by force of the Statute thereof provided shall first come So that inquiry thereof before the said Chief Baron then here distinctly and openly taken be had here at the aforesaid Wednesday And it is said to the parties aforesaid that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday and that they be here the said Wednesday to hear Judgement upon the vredict of the inquisition aforesaid if c. At which day come the said Parties by their Attornies aforesaid And the said Chief Baron delivered here the tenor of this Plea together with the Writ of Distringas of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and to the said Tenor fyled Which Tenor is indorsed thus Afterwards the day place within contained before Roger Manwood Kt. Chief Baron of the Exchequer of the Lady the Queen associating to him Walter Morley Gent. by the form of the Statute c. came as well the within named Henry Page as the within written Edward Griffin by their Attornies within mentioned And the Jurors whereof mention is within made being called some of them that is to say John Palmer Thomas James Thomas Thomas George Maunsell Thomas Bagnill and Robert Bilborough and in Jury aforesaid were sworn and because that the rest of the Jurors of the said Jury did not appear Therefore other of the standers by by the Sheriffs chosen at the request of the said Henry Page by the Command of the said Chief Baron were anew put whose names are fyled to the Pannel within written according to the form of the Statute in the such case made and provided and the Jurors so anew chosen and put that is to say George Clarke John Barnes George Ganbie Thomas Staubauke William Sutton and George Roberts being called likewise came who being together with the other Jurors aforesaid first impannelled sworn to say the truth of the premises within contained chosen tryed and sworn say upon their Oath That the City of London is an ancient City and that all Lands and Temenents within the said City are and time whereof the memory of Men is not to the contrâ—ry were deviseable and bequeathable by Testament in Writing And that long before the time within written when it is supposed the Trespasse and Ejectment to be done That one Martin Bowes Kt. was seised of the Messuage within mentioned with the Appurtenances amongst other things in his Demesn as of Fee and that the said Martin Bowes had issue of his body lawfully Begotten one Thomas Bowes and that the said Thomas had issue of his body lawfully begotten Martin Bowes and the within named Thomas Bowes and one George Bowes And also the Jurors say upon their Oath aforesaid That the aforesaid Martin Bowes Kt. before the time in which c. that is to say the 29 th day of July in the year of the Reign of the Queen that now is the 8 th made his Testament and last Will in writing and by the same amongst other things Willed and Bequeathed to the said Thomas Bowes his Son the Messuage aforesaid with the Appurtenances amongst other things for the Term of the life of the said Thomas without impeachment of Waste and after his decease then the said Martin Bowes Kâ— by his Testament aforesaid Willed that the said Messuage aforesaid amongst other things should remain to the said Martin Bowes the Son of the said Thomas Bowes To have and to hold to the said Martin Son of the aforesaid Thomas and the Heirs males of his body lawfully begotten And for default of any issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said Thomas Bowes second Son of the said Thomas Bowes Son and Heir of the said Martin Bowes Knight and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said George Bowes third SoÌ„ of the said Thomas Bowes Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid amongst other things with the Appurtetenances should wholly remain to the Heirs males of the body of the said Thomas Bowes Son and Heir apparent of the said Martin Bowes Kt. lawfully begotten And for to default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Martin Bowes Son and Heir apparent of one Martin Bowes of Jenkins in the Parish of Barking in the County of Essex Esq and the Heirs males of his body lawfully to be begotten And for default of such issue That the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the Heirs males of the body of the said Martin Bowes of Jenkins lawfully begotten And for default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Will. Bowes son of the aforesaid Martin Bowes Knight the Heirs males of his body lawfully begotten for default of such issue that then the said Messuage with the Appurtenances amogst other things should remain to the right Heirs of the said George Bowes for ever And the aforesaid Martin Bowes Kt. of the Messuage aforesaid with the AppurtenaÌ„ces amongst other things in his Demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 8 th dyed of the Messuage aforesaid with the Appurtenances amongst other things in form aforesaid seised After whose death The said Thomas Bowes Son and Heir of the said Martin Bowes Kt. into the Messuage aforesaid with the Appurtenances did enter and was thereof amongst other things seised in his Demesn as of Free hold for the Term of his life without Impeachment of Waste according to the form and effect of the Testament aforesaid with the remainder thereof in form aforesaid expecting And the said Thomas Bowes so being thereof seised before the time in which c. that is to say the 19th day of December in the year of the Reign of the said Lady the Queen that now is the 14th by a certain Indenture between the said Thomas Bowes of the one party and one William Peltham Esq of the other party made bearing date the same day and year and in the Court of Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being with in 6. Moneths then next following in due manner of
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
appurtenances in the declaration aforesaid specified upon the possession of the aforesaid Edward Griffin be and in Law ought to be adjudged a lawfull entry in to the said Messuage or not the Jurors aforesaid are altogether ignorant and pray the advise of the Court here c. and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the aforesaid Martin Bowes Knight be a lawfull entry then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is guilty of the trespass and ejectment aforesaid as the said Henry within against him complayneth and assess the damages of the said Henry by the occasion of the trespass and ejectment aforesaid besides charges and costs by him about his sute in this behalf to 12 pence and for his charges and costs to 5 shillings and 4 pence and if to the Court of the said Lady the Queen here it shall seem that the aforesaid entry of the aforesaid Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight be not a lawfull entry Then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is not guilty of the Trespass and Ejectment aforesaid as the said Henry Page within hath alleged And because the Barons here will advise of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here untill 8 dayes of Saint Michael next comming to hear their Judgment because the Barons here thereof not yet c. at which day come the paries aforesaid by their Attorneys aforesaid and because the Barons are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid here until from Ester day in 15. dayes next comming to heare their Judgement because the Barons thereof are not yet c. at which day came the said parties by their Attorneys aforesaid And upon this the premises by the Barons here seen and mature deliberation thereof had betwixt themselves because it seemeth to the said Barons that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight is a Lawfull entry Therefore it is granted that the said Henry Page recover against the said Edward Griffin his possession of his term aforesaid then to come of and in the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified and his damages by the occasion of the trespass and ejectment aforesaid to 54 shillings and 4 pence by the Jurors aforesaid in form aforesaid asseised as also further 8 pound and 10 shillings to the said Henry Page at his request for his charges and costs aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken c. And hereupon by a writ of the said Lady the Queen here issuing forth at at the request of the aforesaid Henry Page it is commanded to the sheriffs of London that to the aforesaid Henry they his full possession of his term yet to come of and in the Messuage aforesaid with the appurtenances in the declaration above specified without delay to him they give and how the said precept is executed that the said sheriff make it appear to the Barons of the Exchequer of the said Lady the Queen here the morrow of the Holy Trinity next to come and also it is commanded to the said Sheriffs that of the goods and chattels of the said Edward Griffin in their Balywick the said 11. pound 4. shillings and 4 pence for the damages aforesaid in form aforesaid recovered they do execution and that the said money when they have so levyed they have before the Barons here at the aforesaid Term to the said Henry Page or to his Attorny in this behalf then here to be paid c. And that afterwards the said Lady the Queen that now is sâ—nt her writ under her great seal ouâ— of her Chancery to the Treasurors and her Barons of the Exchequer â—ere directed which is enrolled in the remembrance of this Exchequer of the 31th year of the Raign of Queen Elizabeth that now is that is to say amongst the Records of Esther Term remaining with the remembrancer of the said Lady the Queen here The tenor of of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faiâ—h c. To the Treasuror and her Barons of the Exchequer greeting because that in the Record and process and also of giving of Judgement of a plea which was in our Court before you the aforesaid Barons in our Exchequer aforesaid by bill between Henry Page our debtor and Edward Griffin of a certain trespass and Ejectment of his Farm to the said Henry by the said Edward done as is said Error manifest hath intervened to the grevious damage of the said Edward as of his complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitors at Westminster in the year of his Reign the 31th holden made amongst other things it was agreed and established That in all cases touching us and other persons where one complaineth of Error done in the Exchequer the Chancellor and Treasurer shall do to come before them in some Chamber neer unto the Exchequor the Record and Process out of the Exchequor and taking to them Justices and other sage persons such as shall seem fit to them to be taken and also calling before them the Barons of the Exchequor aforesaid to hear their informations and causes of their Judgments and hereupon shall dulie examine the business and if any Error shall be found to correct the same and to amend the Rolls and after to send the same into the said Exchequor to make thereof execution as in the statute aforesaid more fully is conteyned we therefore willing Error if any be according to the form of the aforesaid statute to be corrected to the parties aforesaid full speedy Justice in the premises to be done Command you that if Judgement thereupon be given That then the Record process aforesaid with all things touching the same before our Chancellor of England and you the aforesaid Treasurer in the Chamber next unto the Exchequer aforesaid called the Councel Chamber the third day of June next to come you cause to come that the said Chancellor and you the aforesaid Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons farther in this behalf with the Council of the Justices and other sages do that which of right and according to the form of
the statute aforesaid is to be done Witness my self at Westminster the 6th day of May in the year of our Raign the 31th and that afterwards the said Lady the Queen that now is sent here another writ under her great seal out of the Chancery to the Treasurer and her Barons of this Exchequor directed which is enrolled in the Remembrancers of the said Exchequer of the 31 year of the now Queen Elizabeth that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen here the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland defender of the faith c. To the Treasurer and Barons of her Exchequer greeting Because in the Record and process and also in giving of Judgment of a plea which was in our Court before you the aforesaid Barons of our Exchequor aforesaid in Easter Term last past by Bill between Henry Page our Debtor and Edward Griffin of a certain trespass and Ejectment out of his Farm to the said Henry by the said Edward done as is said manifest Error intervened To the grevious damage of the said Edward as by his complaint we have received and whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 13th made amongst other things it was agreed unto and established that in all cases the King and other persons touching where any complaineth of Error done in the Exchequor the Chancellor and Treasurer shall cause to come before them in some Chamber of Councel nigh unto the Exchequor the Record and process out of the said Exchequor and taking to them the Justices and other sages whom they shall think fit to be taken and also to be called before them the Barons of the Exchequor aforesaid to hear their informations the causes of their Judgement thereupon shall cause the business duly to be examined and if any Error shall be found that they correct the same and the rolls to be amended We therefore willing Error if any were according to the form of the statute aforesaid to be amended and full and speedy Justice to be done to the parties in his behalf we command you that if Judgment thereof be given that then the Record and process aforesaid with all concerning the same before our Chancellor of Englaâ— and you the aforesaid Treasurer in the Council Chamber neer unto the Exchequer aforesaid 10th day of this Instant moneth of June your cause to come That the same Chancellor and you the said Treasurer the Record and Process aforesaid being seen and hearing your informations you the said Barons further in this behalf of the Council of the Justices and the other sages do that which of right and aâ—â—ording of the form of the statute aforesaid is to be done Witness my seâ—â— at Westminster the third day of June in the year of our Reign the 31. At which day the aforesaid Chancellor and Treasurer into the Chamber aforesaid did not come and that aâ—terwards the said Lady the Queen that now is sent another writ under her great Seal out of her Chancery To the Treasurer and Barons of this Exchequer directed which is enrolled in the Remembrancers of the said Exchequer of 31th year of Queen â—lizabeth that now is that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defendor of the Faith c. To the Treasurer and Barons of the Exchequer greeting Because that in the Record and process and also in giving of Judgement which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in Easiher Term last past by Bill between Henry Page our debtor and Edward Griffin of a certain Trespass and Ejectment of him out of his Farm to the said Henry by the aforesaid Edward Griffin done as is said Error manifest intervened to the grievous damage of the said Edward as by his Complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 31th holden it was amongst other things agreed unto and established that in all cases the King and other persons touching where any complains of Error done in process in the Exchequer the Chancellor Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequor the said Record and process out of the said Exchequer and taking to them the Justices and other sages as to them they shall seem good to be taken and also to be called before them the Barons of the Exchequer aforesaid to heare their informations and the causes of their Judgment and thereupon the business aforesaid duly to be examined and if any Error shall be sound the same to be corrected and the Rolls to be amended and afterwards to send them into the said Exchequer to do execution thereof as belongeth as in the said statute is conteyned We therefore willing Error if any such shall be according to the form of the statute aforesaid to be corrected and to the parties aforesaid full and speedy Justice to be done in that behalf Command you that if Judgment be thereof given Then the Record and process with all touching the same before our Chancellor of England and you the said Treasurer in the Chamber of Councel neer unto the Exchequer aforesaid called the Councel Chamber the 14th day of October then ollowing you cause to come that the said Chancellor and you the said Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons further in this behalf with the Councel of the Justices and other sages cause to be done what of right and according to the form of the statute aforesaid is to be done Witness my self at Westminster the 13th day of June in the year of our Reign the 31th At which 14th day of October before Christopher Hatton Knight Chancellor of England and William Cecil Knight Lord Burghley Treasurer of the Exchequer aforesaid in the said Chamber neer the Exchequer aforesaid at Westminster came the said Edward Griffin by Richard Hatton his Attorny and the aforesaid Traesurer and Barons the Recâ—â—d and process aforesaid with all things touching the same then and there caused to come and upon that the said Edward said That in the Record and process aforesaid and also in the giving of the Judgement aforesaid It is manifestly Erred First in this that is to say because it doth not appear in the Record aforesaid that the aforesaid Thomas Bowes Master of Arts in the Record aforesaid above named was seised of the remaynder of the Messuage aforesaid
Thomas Elderker by the name of Elizabeth Elderker Widow late Wife of VVilliam Elderker Gent. deceased Ralph Elderker VVilliam Elderker and Thomas Elderker Sons of the Body of the first named VVilliam and Elizabeth lawfully begotten of the other part which part with the Seal of the said Nicholas sealed to the Jurors aforesaid here was shewed in Evidence gave granted and to Farm had letten to the said Elizabeth Elderker the Rectory and glebe Lands of the Church aforesaid To have and to hold the said Rectory and glebe Lands with all Fruits Oblations Obversions Tithes Rights with the Appurtenances and Commodities whatsoever to the said Rectory in any manner belonging or appertaining to the said Elizabeth from the aforesaid second day of March in the second year aforesaid untill the end and during the Term of 80. years from thence and immediately following the date of the said Indenture if the aforesaid Elizabeth should so long live and should not allien grant or give the said Demise or Term And if it should happen the aforesaid Elizabeth within the said Term of 80. years to dye or to alien give or grant the Premises That then the Estate of the said Elizabeth should cease And then the said Nicholas by his Indenture aforesaid gave granted and demised all and singular the premises for so many years as then should remain unexpired after the death of the said Elizabeth or the alienation of the said Elzabeth to the aforesaid Ralph for and during the residue of the said Term of the said 80. years if he should so long live without making any alienation grant or gift of the said Term And if it should happen he to dye or to alien the premises within the Term aforesaid that then his Estate should cease And then the said Nicholas by his Indenture aforesaid gave and granted all and singular the premises to the aforesaid VVil. for and during so many years of the said Term of 80. that then should remain if he should live so long and should not alien the said Term and if it should happen the said VVilliam to dye or to alien the Premises within the aforesaid Term that then his Estate should cease And then the said Nicholas by his Indenture aforesaid gave and granted all and singular the premises for and during so many years of the aforesaid 80. years as then should continue and remain unexpired to the aforesaid Thomas his Executors and Assignes as by the said Indenture shewed to the Jurors aforesaid in Evidence amongst other things it more plainly appeareth And further the Jurors aforesaid upon their Oath aforesad say That the aforesaid Lord Edward late King of England afterwards and before the time in which c. That is to say the 12th day of September in the 3d. year of his Reign the aforesaid Nicholas then being Rector of the Câ—urch aforesaid by his Leters Patents under his great Seal of England and in due manner made bearing date at Westminster the said 12th day of September in the 3d. year of his Reign aforesaid the aforesaid Lord the King then being true Patron of the said Rectory Seeing Reading and Examining the Indenture aforesaid of his speciall Grace certain Knowledge and meer mention as also with the Advice and Consent of the Beloved Uncle of the aforesaid Lord the King the Duke of Somerset Governour of the person of the King and Protector of the Kingdoms Dominions and Subjects of the said King and of other of the Council of the said King before and especially in Consideration of the most excellent present service then to the King in his Warrs then and sole in the beating back of the Scots which then late happened at Naseborough in which War the aforesaid William Elderker of fore-thought Malice was slain the said Indenture and all in the same specified and all the Right Title and Interest of the same Elizabeth Elderker Ralph Elderker William Elderker and Thomas Elderker in the said Rectory Gleable Lands Fruits and other things in the same Indenture expressed with the Appurtenances To have and to hold the said Rectory to the said Elizabeth Ralph William and Thomas and their Assignes had confirmed and ratified and in all things as much as in him was had approved for him and his Successors And further the Jurors aforesaid say upon their Oath aforesaid that afterwards that is to say the 21 day of January in the Reign of the said Lord Edward the 3d. aforesaid the said Nicholas being then Rector of the Church aforesaid One Henry by Divine Providence Bishop of Lincolne and of the Rectory and Church aforesaid of Chedington aforesaid Ordinary the Demyse or Grant aforesaid by the said Nicholâ—â— as before is said made all singular in the same contained for him and his Successors confirmed ratified as much as in him was approved To have hold and enjoy to the aforesaid Eliz. Ralph Wil. Elderker Th. Elderker during the Term aforesaid as by the said several Confirmations in due manner made and to the Jurors aforesaid shewed more fully appeared By colour of which Demyse and several Confirmations aforesaid in form aforesaid made the aforesaid Elizabeth Elderker into the Rectory aforesaid and the Glebe Lands aforesaid with the Appurtenances did enter and was thereof possessed And she thereof being so possessed The said Nicholas Fitz-williams afterwards and before the time in which c. that is to say the 10 th day of January in the year of the Reign of the Lady Mary late Queen of England the first at Chedington aforesaid then being Rector of the Parish Church of Chedington aforesaid dyed And the Jurors aforesaid say upon their Oath aforesaid that the said Thomas Elderker afterwards that is to say the 10 th day of June in the yeer of the Reign of the said Lady Elizabeth now Queen of England the 16 th at Greenwich in the County of Kent dyed intestate the said Elizabeth of the Rectory aforesaid and of the Glebe Lands aforesaid with the Appurtenances in form aforesaid being possessed And the said Elizabeth being thereof so possessed the aforesaid VVilliam Elderker afterwards that is to say the 8 th day of July in the year of the Reign of the said Lady the Queen that now is the 17 th likewise dyed And the aforesaid Elizabeth Elderker so of the Rectory and Glebe Lands aforesaid possessed as is said afterwards That is to say The 20 th day of July in the yeer of the Reign of the said Lady the Queen that now is the 17 th aforesaid at Chedington aforesaid the said Eliz. Elderker likewise dyed and the said Ralph Elderker did over-live her and into the Rectory aforesaid and the Glebe Lands aforesaid with the Appurtenances By virtue of the Demyse aforesaid likewise entred and was thereof possessed and so being thereof possessed the said Ralph Elderker afterwards that is to say the 10th day of May in the yeer of the Reign of the said Lady the Queen that now is the 18
th at Chedington aforesaid dyed intestate And the Jurors aforesaid say upon their Oath aforesaid that after and before the time in which c. that is to say the 19 th day of January 1576. Administration of all and singular the goods Chattels Rights and Credits which were of the aforesaid Thomas at the time of his death by William South Doctor of Law Commissary and Official of the Arch of Buckingham to one Anne Hethrington then wife of Ralph Hethrington and then the late Widow of the said Ralph Elderker at Chedington aforesaid was committed By virtue of which committing of the Administration aforesaid the aforesaid Ralph Hethrington and Ann his wife into the Rectory aforesaid and the glebe Lands aforesaid with their appurtenances did enter and were thereof possessed and the said Ralph Hethrington and Anne his wife so thereof possessed the said Ralph Hethrington and Anne afterwards that is to say the 28 day of March in the year of the Reign of the said Lady the Queen that now is the 19. at Chedington aforesaid by a certain Indenture made between the aforesaid Ralph Hethrington and Anne his wife by the names of Ralph Hethrington of Sheale in the County Lecester Gentleman and Anne his wife late wife of Ralph Elderker deceased of the one parte and one Ralph Celey by the name of Ralph Celey of London Mercer of the other parte one parte whereof sealed with the Seaâ—s of the said Ralph Hetherington and Anne sealed to the Jurors aforesaid in evidence likewise shewed for the Consideration in the said Indenture specified had bargained sold â—ssigned and set over to the said Ralph Celey his Executors Administrators and assignes all the Interest Title Estate and Term of years then to come and unexpired in and to the Rectory aforesaid and the gleabe Lands aforesaid with the appurtenances to have and to hold to the onlie and proper behoof and use of the said Ralph Celey his Executors and assignes for ever By virtue of which Assignement the said Ralph Celey into the Rectory aforesaid and the glebe Lands aforesaid with the appurtenances entred and was thereof possessed And the Juros aforesaid farther say upon their Oath aforesaid that after and before the time in which c. that is to say the 16th day of May in the year of our Lord 1577 for that the said Thomas Elderker while he lived and at the time of his death had diverse goods and Chattels rights and Credits in diverse Diocesses or Jurisdictions administration of all and singular the goods Chattels rights and Credits which were of the said Thomas at the time of his death by Edmund by divine providence Arch Bishop of Canterbury of all England Primat and Metropolitan aforesaid to the said Ann Hethrington then the wife of the said Ralph Hethrington and then late late the widow of the said Ralph Elderker deceased late natural and lawfull Brother of the said Thomas Elderker at London that is to say in the Parish of the blessed Mary of Bow in the Ward of Cheap London was committed And the Jurors aforesaid farther say upon their Oath aforesaid That the said Ralph Celey so being possessed the said Ralph Hethrington Ann his wife and the said Ralph Celey afterwards that is to say the 20th day of May in the year of the Reign of the said Lady the Queen that now is the 19th at Chedington aforesaid by their certain Indenture with the Seal of the said Ralph Celey sealed and to the Jury aforesaid given and shewed in evidence bearing date the said 20 day of May in the 19 year aforesaid for the Considerations in the said Indenture specified gave granted bargained and aliened to one John Eden all the Interest Title Estate their Term of years then of in the aforesaid Rectorie gleabe Lands with the appurtenances to come and unexpired to have and to hold to the said John Eden his executors and assignes during the residue of the aforesaid Term of the aforesaid 80 years as before is said granted By virtue of which assignment the said John Eden into the Rectory aforesaid and the gleabe Lands aforesaid with the appurtenances entred and was thereof possessed and the Jurors aforesaid further upon their Oath aforesaid say that the said John Eden being so seised of the Rectorie aforesaid and of the gleabe Land aforesaid with the appurtenances afterwards that is to say the 12 day of May in the year of the Reign of the said Queen that now is the 29 at Chedington aforesaid in the County aforesaid by his Indenture Sealed with his Seal and to the Jurors aforesaid likewise shewed in evidence whose date is the same 12 day of May in the 29 year aforesaid bargained sold and assigned to one Thomas Tarsburgh Esquire all his Interest and Term of years then to come and unexpired of and in the Rectorie aforesaid and the gleabe Lands aforesaid with the appurtenances by reason of which the said Thomas Tarsburgh into the Rectorie aforesaid with the appurtenances entred and was thereof possessed And the Jurors aforesaid say upon their Oath aforesaid that the said Thomas Tarsburgh being thereof so possessed afterwards and before the time in which c. that is to say the 23 day of November in the year of the Reign of the said Lady the Queen that now is the 36 at Chedington aforesaid in the County aforesaid by his Indenture with the Seal of the said Tarsburgh Sealed and to the Jurors aforesaid in evidence likewise shewed granted bargayned alliened and assigned all his Right Title Interest and Term of years then to come of and in the Rectory aforesaid and the glebe Lands aforesaid with the appurtenances to one John Agmondesham Esquire By virtue of which the said John Agmondesham into the Rectory aforesaid and the gleabe lands aforesaid with the appurtenances entred and was thereof possessed And the Jurors aforesaid farther say upon their Oath aforesaid that the said John Agmondesham so being thereof possessed afterwards and before the time in which c. that is to say the 27 day of November in the year of the Reign of the said Queen that now is the 36th at Chedington aforesaid by his Indenture Sealed with the Seal of the said John Agmondesham and to the Jurors aforesaid here in Evidence likewise shewed demysed the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances to the aforesaid Thomas Tarsburgh Esquire to have to the said Thomas and his assignes from the said 27th day of November in the 36th year aforesaid until the 26th day of March which then should be in the year of our Lord 1595. By virtue of which demise the aforesaid Thomas Tarsburgh into the Rectorie aforesaid and glebe Lands aforesaid with the appurtenance entred and was thereof possessed And the said Thomas Tasburgs thereof being so possessed and the said John Agmondesham so as is said of the residue of the said Term of 80 years then to come being possessed The said John
the said John Popham George Trenchard and Edward Gorge within 30. years then last past as they said And whereupon they complained that the aforesaid Iohn Horsey did them deforce and if he should not do And the said Iohn Popham George Trenchard and Edward Gorge did secure the said Sherif for the prosecution of his clamour That then the said Sherif summon the aforesaid Iohn Horsey that he be before the then Justices of the said Lady the Queen of the Bench at Westminster aforesaid from easter-Easter-day in 15. dayes then next following to shew why he had not done it At which 15. day of Easter before Edward Anderson Knight and his Companions then Justices of the said Lady the Queen of the Bench at Westminster aforesaid came as well the aforesaid Iohn Popham George Trenchard and Edward Gorge by Iohn Willis their Attorny and Robert Frampton Esquire then Sherif of the County of Dorset aforesaid then and there returned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say that the said Iohn Popham George Trenchard and Edward Gorge had found to the said Sherif Pledges to prosecute the said Writ that is is to say Iohn Doo and Richard Roo And that the said Iohn Horsey was summoned by Iohn Den and Richard Fen And thereupon the said Iohn Popham George Trenchard and Edward Gorge declaring against the said Iohn Horsey upon the Writ aforesaid in their proper persons And demanded against the said Iohn Horsey the Mannors and Tenements aforesaid with the appurtenances as their Right and Inheritance And into which the said Iohn Horsey had not entry but after the Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the said Iohn Popham George Trenchard and Edward Gorge within 30. yeers then last past c. And whereupon they then said That they themselves were seised of the Mannor and those Tenements with the Appurtenances in their Demesn as of Fee in Right in time of peace in the time of the said Lady the Queen that now is taking thereof the profits to the value c. And in which c. And thereof they bring sute c. And the said Iohn Horsey then and there defendeth the force and injury when c. And voucheth thereof to warranty David Howel who was then present in the same Court in his proper person and freely the Mannor and Tenements aforesaid with the appurtenances then to him did warrant And upon this the aforesaid Iohn Popham George Trenchard and Edward Gorge then demanded against him the said David Tenant by his warranty the Mannor and Tenements aforesaid with the appurtenances in form aforesaid c. And whereupon they said that they they themselves were seised of the Mannor and Tenements aforesaid with the appurtenances in their Demesn as of Fee and Right in time of peace in the time of the Lady the Queen that now is taking the profits therof to the value c. And in which c. And thereof then brought Sute And the aforesaid David then tenant by his warranty defendeth the force injury when c. And said That the aforesaid Hugh Hunt did not Disseise the said Iohn Popham George Trenchard and Edward Gorge of the Mannor and Tenements aforesaid with the appurtenances as the said Iohn Popham George Trenchard and Edward Gorge by their Writ and Declaration aforesaid above supposed And of this put himself upon the Country And the said Iohn Popham George Trenchard and Edward Gorge then prayed licence thereof to imparl and had it And afterwards the said Iohn Popham George Trenchard and Edward Gorge came back in the same Court the same Term in their proper persons And the said David although he was solemnly called did not come back but departed in contempt of the said Court and made default Therefore then by the same Court it was granted That the aforesaid Iohn Popham George Trenchard and Edward Gorge should recover their seisin against the said John Horsey of the Mannor and Tenements aforesaid with the appurtenances And that the said John Horsey should have of the Tenements of the said David to the value c. And the said David should be in mercy c. And upon this the aforesaid Iohn Popham George Trenchard and Edward Gorge then prayed a Writ of the Lady the Queen to the Sherif of Dorset aforesaid to be directed to give them full seisin and possession of the Mannor and Tenements aforesaid with the appurtenances and it was then granted unto them retornable there from the day of Easter in 5. Weekes then next following c. At which day before Edmond Anderson Knight and his Companions then Justices of the said Lady the Queen of the Bench that is to say at Westminster aforesaid came the aforesaid Iohn Popham George Trenchard and Edward Gorge in their proper persons And the aforesaid Robert Frampton Esq then Sherif of the aforesaid County of Dorset then sent that he by virtue of the said Writ to him directed made to the said Iohn Popham George Trenchard and Edward Gorge full seisin of the Mannor and Tenements aforesaid with the appurtenances as by the said Writ he was commanded the Tenor of which Recovery followeth in these words ss Dorset ss Iohn Popham Esquire George Trenchard Esquire and Edward Gorge Esquire in their proper persons demand against Iohn Horsey Knight the Mannor of Horseys-Melcumb otherwise Sturges-Melcumb with the appurtenances and 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the appurtenances in Horseys-Melcumb otherwise Sturges-Melcumb as their Right and Inheritance And in which the said Iohn Horsey had not entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the said Iohn Popham George and Edward within 30. yeers now last past c. And whereupon they say That they themselves were seised of the Mannor and Tenements aforesaid with the Appurtenances in their Demesn as of Fee in Right in the time of Peace in the time of the Lady the Queen that now is taking the profits to the value c. And in which c. And thereof bring sute c. And the aforesaid Iohn Horsey by Iohn Willis his Attorny cometh and defendeth his right when c. And voucheth thereof to warranty David Howel who is present here in Court in his proper person and freely the Mannor and Tenements aforesaid with the appurtenances to him doth warrant and upon this the aforesaid Iohn Popham George Trenchard and Edward Gorge demand against the said David Tenant by his warranty the Mānor Tenements aforesaid with the appurtenances in form aforesaid c. And whereupō they say That they themselves were seised of the Mānor Tenemēts aforesaid with the appurtenāces in their demesn as of Fe Right in the time of peace in the time the Lady the Queen that now is taking the profits
thereof to the value c. and in which c. and thereof they bring sute c. and the said David Tenant by his warranty defendeth his right when c. and saith that the said Hugh did not dissess the aforesaid John Popham George and Edward of the Mannor and Tenements aforesaid with the appurtenances as the said John George and Edward by their writ and declaration aforesaid above suppose and of this puts himself upon the Country c. and the aforesaid Iohn Popham George and Edward pray Licence thereof to imparle and have it c. and afterwards the said Iohn George and Edward return here into Court the same Term in their proper persons and the said David although solemnly called doth not come but departed in despight of the Court and made default Therefore it is granted That the aforesaid Iohn Popham George and Edward recover their seisin against the aforesaid Iohn Horsey of the Mannor and Tenements aforesaid with the appurtenances and that the said Iohn have of the Lands of the said David to the valew c. and the said David in mercy c. and upon this the aforesaid Iohn Popham George and Edward pray a writ of the Lady the Queen to the Sherif of the County aforesaid to be directed to give them full seisin of the Mannor and Tenements aforesaid with the appurtenances and it is granted unto them retorneable here from Easter day in 5 weeks c. At which day here came the aforesaid Iohn Popham George and Edward in their proper persons and the Sheriff that is to say Robert Frampton Esquire now sent that he by virtue of the said writ to him directed the 29th day of April last past gave to the said Iohn Popham George and Edward full seisin of the Mannor and Tenements aforesaid with the appurtenances as by the said writ to him it was Commanded c. Which recoverie in form aforesaid had was had to the use of the said Iohn Horsey and Dorothie then his wife and to the heirs males of the body of the said Iohn lawfully begotten and for default of such issue to the use of the aforesaid Iasper Horsey and the heirs males of the said Iasper Lawfully begotten and for default of such issue to the use of the right heirs of the said Iohn Horsey for ever by virtue whereof and force of the said Act of Parliament of transferring uses into possession made the aforesaid Iohn Horsey and Dorothie were seised of that Mannor with the appurtenances that is to say the said John Horsey in his demesn as of Fee tail that is to say to him and the heirs males of his body lawfully begotten and the aforesaid Dorothy in her demesn as of freehold for and during her life the remainder thereof in form aforesaid expectant and the said John and Dorothie so thereof being seised the remainder thereof in form aforesaid expectant the said John Horsey afterwards and before the within written time in which c. that is to say the 7th day of September in the year of the Reign of the said Lady the Queen that now is the 31th at Melcum aforesaid of such his estate dyed thereof seised without issue male of his body lawfully begotten and the aforesaid Dorothie him overlived and held her self in in the Mannor aforesaid with the appurtenances and was thereof sole seised in her demesn as of freehold for the term of her life by way of survivor the remainder thereof in form aforesaid expectant And that Mary Arnald wife of Richard Arnald Esquire was one Sister and Co-heir of the said John Horsey and Reginald Moon Knight was another Co-heir of the aforesaid John Horsey that is to say Son and heir of William Moon Knight and Elizabeth his wife other Sister of the said John Horsey and the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Dorothie of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the Appurtenances in form aforesaid being seised after and before the within written time in which c. that is to say the first day of September in the year of the said Lady the Queen that now is the 32th at Melcum aforesaid dyed of such her estate so seised after whose death the aforesaid Ralph Horsey and Edith unto the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances did enter and were thereof seised as the Law requireth and the said Jurors further say upon their Oath aforesaid that the said Robert Bingham the Elder and Iane of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. so as is before said for the term of their lives being seised the remainder thereof in form aforesaid expectant the said Robert Bingham the Elder after and before the time in which c. that is to say the 11th day of Ianuary in the year of the Reign of the said Lady the Queen that now is the 36 at Melcum aforesaid dyed of such his estate thereof seised the said Richard Bingham being Cousen and heir of the said Robert Bingham the Elder that is to say Son and heir of the aforesaid Robert Bingham the Younger Son and heir of the said Robert Bingham the Elder and within the age of 21 years that is to say of the age of 8 years and no more and that the aforesaid Richard Bingham is yet living and in full life that is to say at Melcum aforesaid and that the aforesaid Iane the aforesaid Robert Bingham the Elder overlived and held her self in the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. And was thereof sole seised in her demesn as of freehold for the term of her life by right of survivor the remaynder thereof in form aforesaid as the Law requireth that the aforesaid Iane of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams w th the appurtenances whereof c. in her demesn as of Freehold for the term of her life in form aforesaid being seised the aforesaid Iaue afterwards and before the within written time in which c. that is to say the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th at Melcum aforesaid died of such her Estate thereof seised after whose death and before the within written time in which c. The aforesaid Ralph Horsey Richard Veal and Edward Goor into the Tenements within written with the appurtenances entred and that after and before the within written time in which c. The aforesaid Iohn Stroud and Ann his wife and Richard Bingham into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred in the right of the said Richard Bingham By virtue of which the aforesaid Richard Bingham was of and in the Mannor aforesaid with the appurtenances whereof
and Edward Goor be taken c. Ejectione Firme Hillary Term 290. Elizabeth Rott 790. in the KINGS BENCH Barastons Case C. 3. part fol. 19. a. MEmorandum That at another time That is to say Michaelmass Term last past before the Lady the Queen at Westminster came Richard Hynde by James Long his Attorny and brought here in the Court of the said Lady the Queen then there his Bill against William Ambry in the Custody of the Marshal c. Of a Plea of Trespasse and Ejectment of his Farm and are Pledges of Sute that is to say Iohn Doo and Richard Roo Which Bill followeth in these words ss Hartford Richard Hynde complaineth of William Ambry in the custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas one Thomas Brand and Constance his Wife and Milliam Davyes and Margaret his Wife the 4 th day of Iuly in the yeer of Reign of the said Lady Elizabeth now Queen of England the 28 th at Aldenhan in the County aforesaid Demised and granted and to Farm let to the aforesaid Richard Hynde amongst other things 10. Acres of Land with the appurtenances called the upper part of a Close named Reddings in Aldenham aforesaid in the County aforesaid To have and to hold the aforesaid 10. Acres with the appurtenances to the aforesaid Richard Hynde and his Assignes from the Feast of St. Iohn the Baptist then last past until the end and Term of 7. years from thence next insuing and fully to be compleat and ended By virtue of which demise The said Richard Hynde into the aforesaid 10. Acres of Land with the appurtenances the aforesaid 9 th day of Iuly in the 28th yeer aforesaid with Force and Armes c. into the aforesaid 10. Acres of Lands with the appurtenances upon the possession of the said Richard entred and him the said Richard from his Farm aforesaid the Term thereof not yet ended did eject expel and amove and then the said Richard from his possession thereof held out and as yet holdeth out And other harms to him did against the Peace of the said Queen to the damage of the said Richard of 10. pounds and thereof he bringeth Sute c. And now at this day that is to say Monday after 8. dayes of St. Michael this Term until which day the said William had license to the Bill aforesaid to imparl and then to answer c. before the Lady the Queen at Westminster come as well the aforesaid Richard by his Attorny aforesaid as the said William by Richard Belfield his Attorny and the same William doth defend the force and injury when c. And saith That he is not guilty thereof and of that he puts himself upon the Country And that said Richard likewise Therefore a Jury thereof before the Lady the Queen at Westminster Wednesday next after 15. dayes of Easter who neither c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the processe thereof was continued between the parties aforesaid in the Plea aforesaid by Juries put between them in respite before the said Lady the Queen until Wednesday next after 8. dayes of St. Michael then next following Unlesse the Justices of the said Lady the Queen to take Assizes in the County aforesaid assigned First upon Friday the 12 th day of July at Hartford in the County aforesaid by form of the Statute c. come for default of Jurors c. At which VVednesday next after 8. dayes of St. Michael before the Lady the Queen at Westminster came the aforesaid Richard Hynde by his Attorny aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record before them had in these words ss Afterwards the day and place within contained before Thomas Gawdy Knight one of the Justiceâ— of the Lady the Queen of Pleas before the Lady the Queen her self to be holden assigned and Robert Clark one of the Barons of the said Lady the Queen of her Exchequer Justices of the said Lady the Queen to take Assizes in the County of Hartford assigned by form of the Statute c. came as well the within named Richard Hynde by Henry Brantwayte his Attorny as the within written William Ambry by his Attorny within mentioned and the Jurors of the Jury whereof within mention is made some of them that is to say Richard Penifather Thomas Glascock Iohn Harmer and Stephen Nebbes came and in the said Jury are sworn And because the rest of the Jurors of the said Jury did not appear Therefore other of the Standers by chosen by the Sherif at the Request of the said Richard Hynde and by the Command of the Justices aforesaid are of new put whose names to the Pannel within written are filed according to the form of the Statute in such Case late made and provided and some of the Jurors so a new put that is to say Edward Vyall Thomas Cooker Thomas Trow Edward Asher Iohn Dermer William Tiverton Edward Iorden and Robert Carpenter came who to say the truth of the matters within contained togeether with the Jurors aforesaid first unpannelled and sworn chosen tryed and sworn Say upon their Oath That long before the Trespass and Ejectment of the Farm within supposed to be done One Thomas Boraston was seised of and in the within written 10. Acres of Lands with the appurtenances called the upper part of a Close called Reddings in Aldenham within written in his demesn as of see the said 10. Acres of Lands with the appurtenances held of one Robert Stepnigh Esq as of his Mannor of Aldenham in his free socage And further the Jurors aforesaid say upon their Oath That the aforesaid Tho. Boraston had issue of his body lawfully begotten Hum Boraston his Elder Son Hen. Boraston his Younger Son and the aforesaid Hum. Boraston had issue of his body Lawfully begotten Constance Boraston now the wife of the within named Thomas Brand and the within named Margaret wife of the within named William Davis and that afterwards Humphrey Boraston dyed living the said Thomas Boraston and that the aforesaid Constance and Margaret were and are Daughters and Co-heirs of the aforesaid Humphry Boraston and farther the Jurors aforesaid say upon their Oath that the aforesaid boraston so of and in the aforesaid 10 Acres of Land with the appurtenances being seised as before is said afterwards that is to say the 12 th day of the moneth of August in the year of our Lord 1559 in the year of the Reign of the said Lady the Queen the first made his Testament and last Will in writing in these English words following In the name of God Amen Item I give unto Thomas Amerie and Amphillis his wife all that my upper part of my close called Redding for the Term of 8 years after my decease in recompence of one yearly Annuity of 46
of the Justices of the Lady the Queen of the Bench and Edward Fenner one of the Justices of the said Lady the Queen of pleas before the Queen her self to be holden assigned Justices of the Assiise of the Lady the Queen in the County of Wilts to be taken Assigned by the form of the statute came aswell the within named James Linche as the said within written William Spencer and Tho. Spencer by their Attorneys within mentioned and the Jurors of the Jury whereof within mention is made being called some of them that is to say William Garret of Shaw Gentleman William Bury of Crickland Thomas Puckley of Nether Haven Gentleman William Marse of Haydon John Noyse of Graston Richard Legge of Nether Haven Thomas Smith of Kinnett Thomas Stoper of Moanton and VVilliam Gouldesborough of the same came and are sworn of the same Jury and because that the rest of the Jurors of the Jury did not appear therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James and by the command of the Justices aforesaid were new put whose names to the Panâ—nel within written are filed according to the statute in such case lately made and provided And the Jurors so of new put that is to say Thomas Stringer VVilliam Bundy and VVilliam Hascal likewise called came who to the truth of the matter within conteined together with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the aforesaid VVilliam Spencer is not guilty of the Trespass and Ejectment within written as the said VViliam hath within alleged and further the said Jurors as to all the Trespass Ejectment aforesaid within written besides the Trespass and Ejectment in the Messuage within conteined and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise therof within allegeth and as to the Trespass and Ejectment within written into the aforesaid Messuage and 26 Acres of Land within supposed to be done the same Jurors say upon their Oath that long before the within written time in which it is supposed the Trespass and Ejectment aforesaid to be done one Richard Bridges Knight was seised as well of the aforesaid Messuage and 26 Acres of Land with the appurtenances as of the other Tenements within written residue with the appurtenances in his demesn as of Fee and so thereof being seised the said Richard long before the time aforesaid in which c. by his certain writing of Feoffment Indented in Consideration of a certain Ioynture of one Iohanna the wife or Daughter of VVilliam Spencer Knâ—ght deceased from thence after to be had and ended gave and granted and in his said writing Indented confirmed to Iohn VVinchcomb the Elder of Newberry in the County of Berks. and John Knight of Newbery aforesaid the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said John VVinchcomb and John Knight their heirs and assignes for ever under this Condition following that is to say That the said John VVinchcomb and John Knight within one moneth next ensuing after the date of the said writing by their sufficient writing in Law as by the learned Councel in the Law of the said Richard â—ridges it should be avised should give grant and deliver the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna his wife to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna and to the heirs of the bodies of the said Richard and the said Johanna his wife betwixt the said Richard and the said Johanna Lawfully begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid Richard for ever of the chief Lords of the Fee by the services therefore due and of right occasioned as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 th day of January in the year of the Reign of the Lord Henry late King of England the 8 th the 32 th to the Jurors aforesaid in evidence shewed more fully appeared and that by virtue of the said Feoffment the aforesaid John Winchcomb and John Knight were seised of the aforesaid Messuage and 26 Acres of Lands in which c. amongst other in their demesn as of Fee upon the condition aforesaid And farther the Jurors aforesaid say upon their Oath That the said John Winchcomb and John Knight being so thereof seised long before the aforesaid time in which c. and within the said one Moneth next insuing after the date of the said writing of Feoffment Indented at Walcot aforesaid in performance of the condition aforesaid and at the request of the said Richard Bridges by their certain writing Indented of Feoffment delivered enfeoffed and delivered and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land in which c. amongst other to the aforesaid Richard Bridges and Johanna his Wife and the heirs of the bodies of them the said Richard and Johanna betwixt them Lawfully begotten and for default of such issue the remaynder thereof to the right heirs of the said Richard Bridges for ever of the chief Lords of the Fee by the services thereof due and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed and bearing date the 6th day of February in the year of the Reign of the aforesaid late King Henry the 8 th the 32 th aforesaid and to the Jurors aforesaid in Evidence shewed it more fully appeareth And that by virtue of the said Feofment the aforesaid Richard Bridges and Johanna were seised of the aforesaid Messuage and 26 Acres of Land in which c. amongst other in their demesn as of Fee tail that is to say to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten the remaynder thereof to the right heirs of the said Richard as above is said And the said Richard and the said Johanna so thereof being had issue of their bodies between them Lawfully begotten one Anthony Bridges his Son yet living and in full life being that is to say at West Shefford in the County of Berks and that afterwards and before the time in which c. the aforesaid Richard Bridges and Johanna of the aforesaid
Messuage and 26 Acres of Land in which c. amongst other in form aforesaid being seised the said Richard before the aforesaid time in which c. at Lugarshall in the said County of Wilts of such his estate dyed thereof seised and the aforesaid Johanna him over-lived and held her self in the aforesaid Messuage and 26 Acres of Land in which c. amongst other and was thereof sole seised in her demesn as of Fee tail in form aforesaid the remainder thereof over as before is said and farther the Jurors aforesaid say upon their Oath that the said Johanna being thereof so seised The aforesaid Anthony Bridges the 4 day of December in the year of the Reign of the said Lady the Queen that now is the 32 th at Walcot aforesaid by his Indenture made between the aforesaid Anthony Bridges Son of the aforesaid Richard and Johanna and Barbara then wife of the said Anthony and one Edward Langford Gentleman by the name of Anthony Bridges of West-Shefford otherwise great Shefford in the County of Berks. Esquire and Barbara his wife and Edward Langford of Lincolnes Inn Gentleman of the one part and one George Brown Knight by the name of George Brown Esquire second Son of the right Honourable Anthony Viscount of the most noble order of the Garter Knight of the other part which other part with the Seals of the said Anthony Bridges Barbara and Edward Langford Sealed bearing date the same day and year to the Jurors aforesaid in evidence shewed it was Covenanted granted condescended unto concluded and fully agreed by and between the said parties to the said Indenture in manner and form following That is to say that the said Anthony Bridges Son of the said Richard Bridges and Johanna and Edward Langford covenanted and granted for them their heirs and assigns to and with the aforesaid George Brown his Heirs and assigns by the same Indenture that they the said Anthony Bridges Son of the aforesaid Richard Bridges and Johanna and Barbara together with the aforesaid Edward Langford before Easter Term then next following would levy and acknowledge before the Justices of the said Lady the Queen of the Bench at Westminster one Fine or diverse Fines with the proclamations according to the course of Fines in the said Court used to the aforesaid George Brown of all that Mannor of Kintbury with all and singular the Rights members and appurtenances in the aforesaid County of Berks. And of all Messuages Lands and Tenements Rents Services Advowsons Patronages Liberties Privileges Profits and Hereditaments with all and singular their appurtenances to the said Mannor belonging or appertayning and also of the aforesaid whole Tenements within specified by the name of Lands Tenements and Hereditaments with the appurtenances called or known by the name of Walcot lying in Swindon within written whereof the aforesaid Messuage and 26 Acres of Lands then were and yet are parcel As also of all messuages Cottages Lands Tenements Rents Services and Hereditaments whatsoever to the same belonging occupied reputed demised or taken as part or parcel thereof by the name of 40 Messuages 20 Tofts 1 Dove-house 30 Gardens 20 Orchards 1000 Acres of Land 300 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 40 shillings of free Rent with the appurtenances in Kintbury Holt Hungerford Walcot and Swindon in the Counties of Berks. and Wilts or by whatsoever number of Acres either sole or together with any other Mannors Lands Tenements and Hereditaments and that the aforesaid Fine or the aforesaid Fines concerning the premises in the said indenture before mentioned and the execution of the Fine or Fines should be and be to the use of the said George Brown and his heirs and assigns for ever to no other use intent or purpose And the said Jurors farther say That in performance and accomplishment of a Covenant and agreement in the said Indenture between the said Anthony Bridges the Son of the said Richard and Johanna Barbara and Edward Langford and the said George Brown in form aforesaid mentioned afterwards and before the aforesaid â—aster Term That is to say in the Term of Saint Hillary in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid a certain Fine was Levied in the Court of the said Lady the Queen at Westminster in the county of Middlesex before Edmund Anderson Francis Windham William Periam and Thomas Walmesly then Justices of the said Lady the Queen and other the Lady the Queens faithfull people then there present between the aforesaid George Brown plaintiff and the aforesaid Anthony Bridges Son of the said Richard and Johanna and Barbara his Wife and Edward Langford Gentleman deforceant of the whole Tenements in the said Indenture specified whereof the said Messuage and 26 Acres of Lands are and at the time of the levying of the said Fine were parcel amongst other by the names of the Mannors of Kintbury and Fally otherwise great Fally with the appurtenances and 60 Messuages 20 Tofts 3 Dovehouses 40 Gardens 50 Orchards 4000 Acres of Lands 300 Acres of Meadow 4000 Acres of Pasture 300 Acres of Wood 1000 Acres of Furz and Heath and 6 pound 13 shillings 4 pence of Rent with the appurtenances in Kintbury Holt Fally otherwise great Fally Hungerford and West Shefford otherwise great Shefford as also of the Rectory of great Fally with the appurtenances and Free Warren and liberty of a Park in West Shefford otherwise great Shefford and also of the Free Fishings Kennet in the County of Berkss And of the Mannor of Baddesden with the appurtenances and 20 Messuages 10 Tofts 12 Gardens 8 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of pasture 200 Acres of Wood 500 Acres of Furz and Heath and 40 shillings Rent with the appurtenances in Baddesden Lugershall Walcot and Swindon in the County of Wilts whereupon a plea of Covenant was summoned between them in the said Court that is to say That the said Anthony Barbara and Edward acknowledge the said Mannors Tenements Hereditaments Rectorie Warren liberty and Fishing with the appurtenances in the said Fine conteined to be the right of the said George as those which the said George had of the gift of the said Anthony and the same remised and quit claimed from the said Anthony Barbara and Edward and their heirs to the aforesaid George and his heirs for ever And besides the said Anthony and Barbara granted for them and the heirs of the said Anthony that they warrant to the aforesaid George his Heirs and Assigns the aforesaid Mannors Tenementâ— Rents Rectorie Warren and Liberties and Fishing with the appurtenances in the same Fine conteined against the said Edward and his heirs for ever and for this Recognition release quit claym warranty Fine and Concord the said George granted to the aforesaid Edward a certain yearly Rent of 100 pound to be going out of in the aforesaid Mannors
the 18th day of June in the year of the Reign of the said Lady the Queen that now is the 33 th aforesaid at Buck. aforesaid if by the Law of England this they could do enâ—eoffed the aforesaid John Lambert of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances To have and to hold unto the said John Lambert his Heirs and Assigns for ever By colour of which the said John Lambert after and before the aforesaid time in which c. that is to say the said 18 th day of June in the year 33 th aforesaid into the Messuage and 6. Acres of pasture aforesaid parcel c. with the appurtenances entred and was and yet is thereof seised in his demesn as of Fee if the Law thereof requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Lady the Queen that now is as before is said seised in her demesn as of Fee in the right of her Crown of England of and in the aforesaid Messuage and 6. Acres of pasture parcel c. if the Law of England this requireth after and before the time in which c. that is to say the 27 th day of May in the year of her Reign the 34th The said Lady the Queen that now is By her Letters Patents under the Great Seal of England sealed to the Jurors aforesaid in Evidence shewed whose date is at Westminster the same day and year in Consideration of the good true faithful and acceptable Service to the said Lady the Queen that now is before that time by her wel-beloved Cosin Thomas Earl of Ormond and Osory done as for divers other causes and considerations the aforesaid Lady the Queen that now is then specially moving as also at the humble Petition c. of the said Earl of her special grace certain knowledge and meer motion Gave and granted for her her Heirs and Successors to her beloved Subjects Edmond Downing and Roger Rant Gent. the Messuage aforesaid and the aâ—oresaid 6. Acres of pasture with the appurtenances in which c. amongst other By the name of all that her late Chauntry called Bartons Chauntry situate and being in the Parish of St Peter in the Town of Buckingham and all Lands Tenements Rents and Hereditaments whatsoever with their appurtenances whatsoever situate lying and being in the said Town of Buck in the aforesaid County of Buck to the said late Chauntry called Bartons Chauntry belonging or apperteining or to the maintenance of a Chaplain or Priest and other uses superstitious in the Church of Saint Peter aforesaid according to the Ordination of John Barton the Elder before then given bequeathed lye limited or appointed To have hold and enjoy to the said Edmond Downing and Roger Raut their Heirs and Assigns to the only and proper behoof and use of the said Edmond and Roger their Heirs and Assigns for ever Yielding and paying to the said Lady the Queen that now is her Heirs and Successors yearly for ever 13. pound and 12. pence of lawful Money of England to the hands of the Receiver general of the County aforesaid for the time being or at the Receipt of the Exchequer of the said Lady the Queen her Heirs and Successors at the Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions every year to be paid for all Rents exactions services demands whatsoever for the same to the said Lady the Queen and her Successors any wayes to be rendred payed or done And the said Lady the Queen that now is by her said Letters Patents for her her Heirs and Successors granted unto the said Edmond Downing and Roger Rant that the said her Letters Patents or the Enrolment of them should be of force form sufficient and effectuall in the Law against the said Lady the Queen that now is her Heirs and Successors as well in all Courts as elsewhere within her Realm of England without any confirmations licences or tollerations by the aforesaid Lady the Queen that now is her Heirs or Successors in after by the said Edmond and Roger their Heirs or Assigns or by any of them to be procured or obteined Notwithstanding the ill naming or ill reciting or non-reciting the aforesaid several Mannors Rectories Messuages Lands Tenements and other all and singular premises or any parcel thereof And no withstanding the not finding of Office and Inquisition of the premises or of any parcel thereof by which the title of the said Lady the Queen that now is ought to be found before the making of her Letters Patents aforesaid and notwithstanding the not reciting or ill reciting of any demise or grant of the premises or of any parcel thereof before then made being of Record or not of Record And notwithstanding any defects of the certain composition or Declaration of the yearly value of the premises or not Declaration of the yearly value of the premises or any part thereof in the said Letters Patents expressed and conteined and notwithstanding other defects in not naming or ill naming any Tenant Farmor or occupier of the Lands Tenements or Hereditaments aforesaid or any part thereof or not rightly naming any Town Hamlet Parish or County in which the premises or any parcel thereof be and also in not naming the premises or any parcel thereof in nature kinde or quality by colour of which said Letters Patents the aforesaid Edmond Downing and Roger Rant were of the aforesaid Messuages and 6 Acres of Land parcel c. with their appurtenances amongst other seised in their demesn as of Fee if the Law this requireth and so thereof being seised if the Law of England this requireth and the aforesaid John Lambert continuing his possessions thereof and as before is said being seised if the Law of England this requireth the said Edmond Downing and Roger Rant by their certain Indenture made the 28 day of July in the year of the said Lady the Queen that now is the 34 aforesaid Between the aforesaid Edmond Downing and Roger Rant of the one part and one Robert Snelling of East-Horsly in the County of Surrey Gentleman and Thomas butler of Grays Inn in the County of Middlesex Gentleman of the other part for a certain summ of good and lawfull mony of England to them before hand by the aforesaid Robert Snelling and Thomas Butler well and truely paid gave granted sold bargayned and confirmed to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns for ever the Messuage aforesaid and the aforesaid 6. Acres of Pasture parcel c. with the appurtenances amongst other to have and to hold to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns â—or ever as by the Indenture aforesaid inrolled in the close roll of the Chancery of the said Lady the Queen that now is the 10. day of December in the year of the Reign of the said Lady the Queen that
6 Acres of Wood with the appurtenances in Wimondham which John Smith Gentleman to the aforesaid Arthur demised for a Term which is not yet past he entred and him from his Farm aforesaid did Eject and other harms did to him to the great damage of the said Arthur and against the peace of the Lord the King that now is c. and whereupon the said Arthur by Robert Love his Attorny complaineth that whereas the aforesaid John the 19 th day of October in the year of the Reign of the Lord the King that now is the 8 th at Wimondham had demised to the said Arthur the Tenements aforesaid with the appurtenances to have and to hold to the said Arthur his Executors and Administrators from the Feast of Saint Michael the Archangel then last past for and during the Term of 3 years from thence next following to be compleat and ended by virtu of which demise the said Arthur into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Edward afterwards that is to say the 10 th day of April in the year of the Reign of the said Lord the King that now is of England the 9 th with force and armes c. the Tenements aforesaid with the appurtenances which the aforesaid John to the said Arthur in form aforesaid demised for the aforesaid Term which is not yet past entred and him from his Farm aforesaid did Eject and other harms c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound And therof he bringeth sute c. And the said Edward by Thomas Blofield his Attorny cometh and defendeth the force and injury when c. And saith he is not guilty of the Trespasse and Ejectment aforesaid as the said Arthur against him complaineth and of this puts himself upon the Country And the aforesaid Arthur likewise Therefore it is commanded to the Sherif that he cause to come here from the day of Holy Trinity in three Weeks 12. by whom c. And who neither c. Because aswell c. At which day the Jurors between the parties aforesaid of the Plea aforesaid put was between them in respite here until this day that is to say in 8 dayes of St. Michael then next following unless The Justices of the Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Monday the 15 th day of July next At the Castle of Norwich in the County aforesaid first should come And now at this day cometh as well the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. send here their Record in these words Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assizes in the County aforesaid to be holden assigned by form of the Statute c. came aswell the within named Arthur as the within written Edward Cockle by their Attornies within written And the Jurors of the Jury whereof within is made mention being called likewise came whereof 12. that is to say Robert Seaman Adam Bale Bartholmew Harison Thomas Reynolds William Bidwel Henry Howlet Thomas Crooke Richard Russel Thomas Filney Iohn Freeman John Jewel and Edmond Johnson in the Jury aforesaid are sworn After which one of the Jurors aforesaid that is to say Robert Seaman with the assent of both parties aforesaid and by the Command of the Justices aforesaid from the Pannel aforesaid was utterly drawn c. Therefore with the assent of the parties aforesaid the Jury aforesaid was further put in respite here until in 8. dayes of St. Hillary Therefore that the Sherif have the Bodies c. And appoint Decem Tales At which day here cometh aswell the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the Sherif now sendeth That as to the distreyning of Bartholmew Stone that the Writ was so late delivered to him that for the shortnesse of the time he could not execute it but as to the putting of the Decem Tales whereof in the said Writ was made mention the said Sherif now sendeth That execution thereof doth appear in a Schedule to the said Writ annexed in which Schedule is contained the Pannel of the names of Ten Jurors whereof none c. Therefore the Jury aforesaid again is put in respite here until from easter-Easter-day in 15. dayes unless the Justices of the King To the Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Wednesday in the first Week of Lent at Thetford in the County aforesaid first shall come for default of Jurors c. Therefore that the Sherif distrein the Jurors aforesaid by all their Lands c. And that the issues c. So that they be here unless c. to make the Jury aforesaid c. Norff. ss Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the statute c. cometh aswell the within named Arthur Legat as the within written Edward Cockle by their Attornies within contained And the Jurors of the Jury aforesaid whereof within is made mention being called likewise come who to say the truth of the within contained chosen tryed and sworn say upon their Oath That the late King and Queen Philip and Mary the 9 th day of July in the yeer of the Reigns of the same King and Queen Philip and Mary the 4th and 6th were seised of and in the Mannor of VVimondamâ— in the County aforesaid in their Demesn as of Fee in the Right of hâ—s Crown of England whereof the Lands and Tenements in the Declaration within written then were parcel and the aforesaid late King and Queen Philip and Mary so as before is said of and in the Mannor aforesaid whereof c. being seised The said King and Queen the said 9th day of July in the yeer of the Reigns of the said late King and Queen Philip and Mary the 4th and 6th made their Letters Patents under the great Seal of Eng. to one George Howard Kt. of the aforesaid Lands and Tenements in the Declaration within written named amongst other By the names of 2 pieces of Lands called Nettlehamsted VVikemans containing by estimation 15. Acres lying and VVyndmondham aforesaid in the County aforesaid then or late in the tenure or occupation of Joh. Coleman late to the Monastery of VVyndmondham sometimes belonging and appertaining parcel of the
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
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
with the Pannel of the names of the Jurors which are in the file of Writs executed for the Queen of the 34th Yeer of the Reign of the said Lady the Queen that now is with the Remembrancer of London And the Jurors did not appear Therefore it was coÌ„manded the Sherifs that they distrein the Jurors by their Lands c. So that c. in 8. Dayes of Holy Trinity or in the mean time before the Beloved and Faithful to the Lady the Queen Roger Manwood Knight Chief Baron of this Exchequer at Guiâ—d-hall of the City of London aforesaid upon Fryday the 26th day of May in the Yeer of the said Lady the Queen that now is the 34th in the Afternoon of the same Day if he shall first come thither And it is said to the aforesaid Iohn Porter and Henry Cockain that they keep their Day before the aforesaid Chief Baron at the said Day and Place and that they be here at the said 8. dayes of Holy Trinity to hear their Judgement If c. At which day the said John Porter and Henry Cockin come here as before And the aforesaid Chief Baron before whom delivered here the Tenor of the Record aforesaid in form aforesaid directed which is amongst the Inquisitions and Extents of this Yeer of the 34th of the Reign of the Queen that now is with this Remembrancer indorsed thus ss Afterwards that is to say the Day and Place within contained before Roger Manwood Knight Chief Baron of the Exchequer of the said Lady the Queen came aswell the within named John â—opham who prosecutes for the said Lady the Queen as the said within written John Porter and Henry Cockain in their proper persons and the Jurors of the Jury whereof within mention is made being called some of them appeared and some of them not as it appeareth in the Pannel c. And some of them now appearing that is to say Roger Tasker Humphry Street George Gunbey Thomas Cox Thomas Langhorn John Eaton William Fruit and John Math upon the Jury aforesaid are sworn and because the rest of the Jurors of the Jury did not appear therefore others of the standers by by the Sherifs of the County aforesaid to be chosen at the Request of the said John Popham and by the command of the aforesaid Chief Baron were new put whose names to the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurors so anew put that is to say Thomas Wiggs Henry Ayleward Ralph Baily and Cutbert Booth being called likewise came Who to the truth of the matter within contained together with the other Jurors aforesaid first impannelled and sworn say upon their Oath That long before the aforesaid time of Intrusion aforesaid above supposed to be done One Nicholas Gibson was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified in his Demesn as of Fee and the Wharf and Tenements aforesaid held of the Lady the Queen in Socage that is to say of the free Borough of the City of London by fealty onely And so being thereof seized the said Nicholas afterwards and before the time of the Intrusion aforesaid c. that is to say the 23d day of September in the yeer of the Reign of the Lord Henry late King of England the 8th the 32th at London in the Parish of St. Dunstans in the East made his Testament and last Will in Writing and constituted one Avice then his Wife Executrix of his said Will and by the said his Will bequeathed and devised amongst other things the Whars and Tenements aforesaid with the appurtenances to the aforesaid Avice and her Heirs in these English Words and in form following That is to say In the name of God Amen I Nicholas Gibson Citizen and Grocer of London whole of Mind and of perfect Memory albeit sick of Body make this my present and last Will and Testament aswel concerning the Order and Disposion of my Goods Chattels and other things moveable as of my Lands and Tenemetns Rents Reversions and Services and Hereditaments whatsoever First I give and bequeath my Soul unto Almighty God my Maker Redeemer and Saviour and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson my sole Executrix under written whom I put in special trust that she shall see these things hereafter declared to be well and truly executed don and declared and performed as hereafter shall be recited Unto whom also I give and bequeath All my Goods Chattels Debts and other things as well moveable as unmoveable real and personal Lands and Tenements Rents Reversions Services and all my other Profits and Commodities and other Hereditaments whatsoever with all and singular the appurtenances To have and to hold possesse and injoy All and singular my said Lands and Tenements Rents Reversions and Services with the appurtenances Goods Chattels and other things and all and singular other the premises with the appurtenances unto the said Avice Gibson her Heirs Executors Administrators and Assignes for ever upon condition following That is to say Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases Mansions and places convenient for a Free-school the Master of the same and certain Beadmen and Beadwomen and that the same cannot be established to continue without great charges to be imployed and bestowed upon the same and also Lands and Tenements and other Hereditaments to be assured for the continuance of the same I Will and Declare by this my last Will and Testament That the said Gift Legacy and bequest of my Lands and Tenements Goods Chattels and other things aforesaid shall inure and take effect by reason hereof unto my said Wife upon condition following That is to say That my said Wife by the Advice of Learned Counsel in all convenient speed after my decease shall assure give and grant all my said Lands and Tenements and other Hereditaments whatsoever for the maintainanee of the said Free-school Almesmen and Almeswomen for ever if it shall please God that my said Wife Avice Gibson shall have all the Issues Revenewes and Profits yeerly comming arising and growing of the premises during her life bearing the charges for the keeping of the said School Beadmen and Beadwomen and other charges for the maintainance of the premises in manner and form as I the said Nicholas have kept and maintained the same and as the same is now kept and maintained without any diminution in any wise Which Avice Gibson I make my sole Executrix of this my present Testament and last Will. These being Witnesses Thomas Rushton Sergeant at the Law William Gunston Esquire Thomas Wood Cooper Thomas Reinolds Clothworker and Iohn Mucklow Scrivener In witnesse whereof I have hereto put my Seal Given the 23th Day of September in the yeer of our Lord God 1540.
and in the 22d year of the Reign of our Sovereign Lord King Henry the 8th as by the said Will more fully appeareth And afterwards the said Nicholas Gibson at London in the Parish of St. Dunstan in the East aforesaid the 6th Day of October in the yeer of the Reign of the said Henry late King of England the 8th the 32th aforesaid dyed of such his estate so seized of the Wharf and Tenements aforesaid with appurtenances without issue of his â—ody begotten After the death of which Nicholas The aforesaid Avice in the aforesaid Parish of St. Dunstan took upon her the charge of Execution of the Testament aforesaid And before the aforesaid time of Intrusion aforesaid supposed that is to say the 13th Day of April in the yeer of the Reign of the Lord Edward late King of England the 6th the third At London in the Parish of All Saints Barking aforesaid demised the Wharf and Tenements aforesaid with the appurtenances to one Bartholmew Gibbs To have and to hold to him and his Assignes from the Feast of the Birth of our Lord which then should be in the yeer of our Lord 1566. until the full end of 40. yeers from thence next following and fully ended By virtue of which demise The same Bartholmew was of the Interest of the Term aforesaid possessed and so thereof being possessed The said Bartholmew before the time in which c. that is to say the first Day of January in the yeer of our Lord 1522. at London in the Parish of All Saints aforesaid made his Testament and last Will in Writing and constituted and ordained one Alice then his Wife his Executrix of his said last Will and Testament And afterwards the said Bartholmew then and there dyed of such his estate possessed of the Wharf and Tenements aforesaid with the appurtenances After whose death and before the time in which c. the said Alice took upon her tharge of the Execution of the Testament aforesaid in the aforesaid Parish of All Saints and was of the Interest of the Term aforesaid of 40. yeers possessed as Executrix of the Testament of the said â—artholmew and so thereof being possessed The said Alice Before the time in which c. at London in the Parish of All Saints aforesaid took to Husband one Thomas Wilcox By which The said Thomas and Alice before the time in which c. were of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed and the said Thomas and Alice so thereof being possessed before the time in which c. that is say the 16th Day of December in the yeer of the Reign of the Lady Mary late Queen of England the second At London in Parish of All Saints Barking aforesaid granted all their Estate Interest and Term of years which they then had of and in the Wharf and Tenements aforesaid with the appurtenances to one Iohn Haynes By virtue of which Grant The said Iohn Haynes was of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed And so thereof being possessed The same Iohn Haynes before the time in which c. that is to say the 21. Day of September in the yeer of our Lord 1559. at London in the Parish of All Saints Barking aforesaid made his Testament and last Will in Writing made ordained one Joyce his then Wife his Executrix of hiâ— said last Will and by the same his Will willed and bequeathed all his Estate Interest and Term of yeers which he then had of and in the Wharf and Tenements aforesaid with the appurtenances to the said Joyce And afterwards the said Iohn Haynes at London in the Parish of All Saints Barking aforesaid of such his Estate of and in the Wharf and Tenements aforesaid with the appurtenances dyed possessed After whose Death the said Joyce took upon her the charge of the Execution of the Testament aforesaid and was of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed And so thereof being possessed the said Joyce before the time in which c. At London in the Parish of All Saints aforesaid took to Husband the aforesaid Iohn Porter By which the said Iohn Porter and Joyce were of the Interest of the aforesaid Term of 40. years of and in the Wharf and Tenements aforesaid with the appurtenances possessed And the Jurors aforesaid further say upon their Oath That one Iohn Gibson is Cosen and Heir of the said Nicholas Gibson that is to say Son and Heir of Hugh Gibson deceased Brother and Heir of the said Nicholas Gibson And that the said Iohn Gibson before the time in which c. that is to say the 24th Day of January in the yeer of the Reign of the Lady the Queen that now is the 34th into the Wharf and Tenements aforesaid with the appurtenances by force of the Testament and last Will of the said Nicholas Gibson by colour of Forfeiture and by reason of the Condition in the said last Will before specified by the aforesaid Avice in her life forfeited and broken entred and was thereof seized in his Demesn as of Fee And so thereof being seized The said John Gibson before the time in which c. that is to say the 25th Day of Janbary in the yeer of the Reign of the said Lady the Queen that now is the 34th By his Writing indented bearing Date the same Day and yeer in the Court of the said Lady the Queen of her Chancery at Westminster being in due manner inrolled and to the Jurors in Evidence shewed Bargained Granted and Sold the Wharf and Tenements aforesaid with the appurtenances to the said Lady the Queen that now is To have and to hold to the said Lady the Queen that now is her Heirs and Successors for ever By Colour of which Grant Bargain Sale and Inrollement The said Lady the Queen that now is was of the Wharf and Tenements aforesaid with the appurtenances seized in her Demesn as of Fee in the Right of the Crown of England and the said Queen that now is so thereof being seized The aforesaid John Porter claiming the Wharf and Tenements aforesaid in his own Right and the aforesaid Henry as Servant of the said John Porter and by his Commandment the aforesaid time in which c. into the Wharf and Tenements aforesaid with the appurtenances upon the possession of the said Lady the Queen that now is thereof entred and made ingresse But whether upon the whole matter aforesaid by them the Jurors in form aforesaid found the aforesaid entry of the aforesaid John Porter and Henry into the Wharf and Tenements aforesaid with the appurtenances be an Intrusion upon the possession of the said Lady the Queen of the Wharf and Tenements aforesaid or not The said Jurors thereof pray the
Westminster aforesaid dyed of such his Estate thereof seised After whose death The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. descended to the Lord Edward late King of England the 6th as Son and Heir of the aforesaid late King Henry the 8 th By which The said late King Edward the 6 th was seised of the Reversion of the said Manor with the Appurtenances as of Fee and right and so thereof being seised The said late King Edward the 6 th afterwards and before the time in which c. at Westminster afores dyed of such his estate therof seised with out issue of his body issuing After whose death the Reversion of the aforesaid Manor of Abbottesly with the appurtenances descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th By which the said late Queen Mary was seised of the said Reversion as of Fee and right and so thereof being seised the said late Queen Mary afterwards and before the time in which c. at Westminster aforesaid dyed of such her Estate thereof seised without issue of her body issuing After whose death the said Reversion did descend to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary By which the said Queen that now is was seised of the said Reversion as of Fee and right and the said Lady the Queen that now is so thereof being seised and the aforesaid Walter Walsh the Son of the aforesaid Manor of Abbottesley whereof c. in his demesn as of Fee tail in form aforesaid being seised The said Walter afterwards and before the time in which c. at Abbottesley aforesaid dyed of such his Estate thereof seised After whose death The said Manor with the Appurtenances whereof c. did descend to one William Walsh his Son as Son and Heir of the body of the aforesaid Walter VValsh the Son issuing By which the said William afterwards and before the time in which into the said Manor with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and so thereof being seised The said William afterwards that is to say the third day of July in the year of the Reign of the said Lady the Queen that now is the 30 th at Abbottesley aforesaid by his Indenture of Bargain and Sale between Robert then Earl of Leicester By the name of the Right Honourable Robert Earl of Leicester Baron of Denbigh of the both most Noble Orders of the Garter and Saint Michael Knight Lord High Steward of her Majesties Houshold Lord Chief Justice of Oyer and Terminer of all the Forests of her Majestie and Chaces by South Trent and one of her Majesties most Honourable Privy Councel of the one Part And the afores Willi. Walsh by the name of Will. Wash of Witley in the County of Worcester Esq of the other party made afterwards the 8 th day of the said Month of July according to the form of the Statute in that Case made and provided in the Court of the said Lady the Queen that now is at Westminster aforesaid in the said County of Middlesex then being in due manner of Record Inrolled One part of which Sealed with the Seal of the said William Walsh the said Richard Bushopp here in Court sheweth forth whose Date is the same third day of July in the 30th year aforesaid For and in consideration of a certain sum of Money to the said VVilliam by the aforesaid Earl of Leicester then and there before had paid bargained and sold to the said Earl of Leicester The Wood aforesaid with the Appurtenances in which c. To have and to hold to the said Earl of Leicester his Heirs and Assigns for ever By colour of which aforesaid Bargain and Sale and Inrolment thereof The said Earl of Leicester into the Wood aforesaid with the Appurtenances entred and was thereof seised in his demesn as of Fee and so thereof being seised The said Earl of Leicester afterwards that is to say the 5 th day of Septemb. in the year of the said Lady the Queen that now is the 30th aforesaid at Abbottesley aforesaid dyed of such his Estate thereof seised without issue of his body issuing After whose death the Wood aforesaid with the appurtenances descended to Ambrose then Earl of Warwick as Brother and Heir of the aforesaid late Earl of Warwick By which The said Ambrose Earl of Warwick into the Wood aforesaid with the appurtenances entred and was thereof seised in his demesn as of Fee and so thereoâ— being seised The said Ambrose Earl of Warwick afterwards that is to say the 24th day of January in the year of the Reign of the â—â—d Lady the Queen that now is the 32th at Abbottesley aforesaid By his Indenture between him the said Ambrose Earl of Warwick by the name of the Right Honourable Ambrose Earl of Warwick of the most Noble Order of the Garter Knight of the one part and Edward then Earl of Bedford and William Russel Knight Charles Morrison Knight Ambrose Copinger Esquire by the names of the Right Honourable Edward Earl of Bedford William Russell Knight Charles Morri on Knight Ambrose Copinger Esq one part of wch sealed with the Seal of the said Aâ—brose Earl of Warwick the said Richard Eushop here in Court brings whoâ—e date is the same day and year For and in consideration of the natural entire and cordial love and affection which the aforesaid Ambrose Earl of Warwick then had and bore to his most dear and beloved then wife the said Ann Countess of â—arwick in the Information aforesaid above named Daughter of the Right Honourable Francis Earl of Bedford deceased Grandfather of the said Edward then Earl of Bedford and Father of the said William Russel as for and in consideration of a Mariage before that time had between the aforesaid Ambrose then Earl of Warwick and the aforesaid Lady Ann now Countess of Warwick then his wiâ—e and for and in consideration of the encrease of the Joynture of the said Ann before that time made in the respect of the aforesaid Mariage in consideration also of the better advancing of the said Ann after the death of the said Ambrose then Earl of Warwick if shee the said her beloved husband should survive to support and sustein her Honourable Estate and to pay such debts which the said Earl owed at the time of his death and also such Legacies as the said Earl by his last Will in writing should bequeath The said Earl Covenanted and agreed for him his Heirs Executors and Administrators to and with the aforesaid Edward Earl of Bedford William Russell Charles Morrison and Ambrose Copinger their Heirs and Assignes and every of them That immediatly from and after the Sealing and delivery of the
of her Exchequer Greeting Because in the Record and process and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the yeers of our Reign the 37th By Bil between us and Richard Bushopp of certain trespasses and intrusions in certain of our Woods with the appurtenances called Alton otherwise Aluington Woods conteyning by estimation 3000 Acres of Wood manifest Error hath entervened to our great damage And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor at Westminster and in the year of his Reign the 31th holden made amongst other things It is agreed and established that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer The Chancellor and Tresurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer and taking to them the Justices and such like sages as to them shall seem fit to be taken They cause to be called before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and the business thereupon to be duly examined And if any Error was found the same to be corrected and the Rolls to be amended and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth as in the said Statute it is conteyned We therefore willing Errors if any such were according to the form of the statute aforesaid to be corrected and speedy Justice to be done in that behalf Command you that if Judgement thereof be given then the Record and process aforesaid with alll things concerning the same before our beloved faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 21th day of the moneth of April you cause to come And to the same Keeper of our great Seal and you the aforesaid Tresurer the Record being seen and examined and the process aforesaid and your informations being heard and you the aforesaid Barons further in this part with the Councel of the Justices and other sages aforesaid Cause to be done what of right and according to the form of the Statute was to be done Witnesse my self at Westminster the 11th day of April in the yeer of our Reign the 39th Symons At the said 29th day of the said Moneth of April the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England and VVilliam Lord Burghley Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber next to the Exchequer aforesaid called the Councel Chamber and at the said day and place came before the Lord Keeper of the great Seal and the Lord Tresurer the aforesaid Atorney General of the Lady the Queen and for the said Lady the Queen said that in the Record and process aforesaid and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversly Erred that is to say that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose that the aforesaid late King Henry the 7th was seised of the reversion of the manor aforesaid with the appurtenances whereof c. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of VVarwick and by the force of the aforesaid Act of Parliament in the yeer of the Reign of the said late King the 19th in the Barr aforesaid mentioned by which Act it was enacted that the aforesaid Edward late Earl shâ—uld forfeit to the said late King all his Mannors Lands Tenements and Hereditaments whereas the aforesaid late King by vertue of the Attainder and Act of Parliament aforesaid as before is said made could not be seised of the Reversion aforesaid before inquisition thereof taken and of record remaining by which it should be sound that the aforesaid Earl at the time of the treason aforesaid by him committed or ever after was seised of the said Reversion as of Fee and right and in this that the aforesaid Richard doth suppose that the aforesaid late King Henry the 7th dyed seised of that Reversion and that the said Reversion descended to the aforesaid late King Henry the 8th as Son and Heir of the aforesaid late King Henry the 7th Whereas in fact the said Reversion did not descend to the said late King Henry the 8th nor by the Lawes of this Kingdom could descend before the Inquisition thereof for the aforesaid late King Henry the 7th thereof to be found and of Record to remain And in this that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King in the said County by virtâ—e of his office It was found that the aforesaid Edward late Earl of VVarwick was seised of the Reversion of the Manor aforesaid as of Fee and Right and so thereof being seised the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the 19th yeer of his Reign aforesaid was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid the late King Henry the 7th was seised of the Reversion aforesaid as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining more fully appeareth Whereas every Inquisition taken upon whatsoever Attainder of High-Treason taken before the Escheator by virtue of his Office ought to be retorned into the Court of the Kings Exchequer and there ought to be filed and not in the Court of Chancery And if in the Court of Exchequer retorned and there of Record it be not filed then the said Inquisition is void and of no force in Law And in this That whereas the aforesaid Richard Bushopp supposeth That the aforesaid late King Henry the 8th the 3d. day of November in the yeer of his Reign the 23th by his Letters Patents under his great Seal of England sealed bearing date the same day and yeer reciting That whereas the said late King the 12th day of October in the 12th yeer of his Reign had given and granted to the abovesaid Walter Walshe the Mannor of Grafton Fleuard with the appurtenances for the Term of the life of the said VValter and whereas the same late King the 6th day of December in the yeer of his Reign the 21th by other his Letters
Patents had given and granted to the abovesaid VValter and to one Elizabeth then his Wife The aforesaid Mannor of Charleton with the appurtenances in the said County of Somerset To have and to hold to the said VValter and Elizabeth and the longer liver of them The late King Henry the 8th for that that the said VValter the aforesaid Letters Patents to him of the aforesaid Mannor of Grafton Fleuard and the said VValter and the aforesaid Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton in form aforesaid made to the said late King Henry the 8th in his Chancery had delivered up there to be cancelled By the said letters patents gave and granted to the abovesaid VValter and Elizabeth the aforesaid Manor of Abotesly with the appurtenances whereof c. to have and to hold to them the said VValter and Elizabeth and to the heirs males of the bodie of the said VValter begotten And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact that the aforesaid late King Henry the 8th by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them as by the Law he ought to have shewed and because expresly it is not shewed in the said plea that the same grants were made but only by way of recital The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th in the yeer of his Reign the 23th aforesaid made are void and insufficient in Law And the said late King in his grant aforesaid by reason thereof was deceived And in this That the aforesaid Richard in his Plea aforesaid allegeth that the aforesaid VValter and Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton made in the Chancery of the said late King Henry the 8th had surrendred and procured to be cancelled By which the Estate of the said VValter and Elizabeth of and in that Mannor was determined Whereas by the Law of the Land the estate of the said Elizabeth then being under Covert Baron by the surrendring and cancelling of the said Letters Patents was not determined or surrendred up And upon this That whereas the aforesaid Richard Bushopp in his pleading alleged That by the aforesaid Act of Parliament of the said late King Henry the 8th the 8th day of June in the 28th year of his Reign made it was Enacted That the said late King Henry the 8th his Heirs and Successors should have hold and enjoy all and singular the Mannors aforesaid with the appurtenances in Fee simple saving alwayes to all person and persons Bodies politique and Corporate their Heirs and Successors and to the Heirs and Successors of every of them other than to the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earl of Warwick Brother of the said late Countess all such Rights Titles Uses Interests Term of years demise demises Entries Actions Grants and Conditions which he or any of their Heir or the Heirs or Successors of any of them have or had or might to have or ought to have had if the said Act of Parliament had never been made any thing in the said Act to the contrary thereof notwithstanding And the aforesaid Richard Bushopp in his Plea aforesaid doth not allege in fact That the aforesaid Ann now Countess of Warwick in whose Right and as Servant of which Countess the said Richard makes Justification of the Trespass and Intrusion aforesaid was not Heir of the said Richard late Earl of Warwick as by the Law of the Land it ought to be shewed and in this that by the said Act of the 28th abovesaid The aforesaid Mannor of Abbottesley with the appurtenances whereof c. was given by express words to the said late King Henry the 8th his Heirs and Successors and thereof the said Saving in the same Act mentioned is repugnant and void to reserve any right in that Mannor to any other person and therefore the aforesaid Walter Walshe and Elizabeth his wife to have or claim any right or estate of or in the said Mannor by force of the said Act of Parliament are barred And in this That whereas the aforesaid Plea of the said Richard Bushopp above in Barr pleaded is insufficient in Law to discharge or excuse him the said Richard of the Trespass intrusion and ingress aforesaid upon which Plea the aforesaid Attorney of the said Lady the Queen had demurred in Law and demanded Judgement there for the said Lady the Queen yet that notwithstanding it is adjudged by the Barons That the Plea of the said Richard is sufficient in Law him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood otherwise Aluingâ—on-wood the aforesaid first day of February in the year of the Reign of the said Lady the Queen that now is the 32th and from the same day until the exhibiting of the Information aforesaid and of the taking of the issues and profits thereof by that time to discharge And so the same Attorney General for the said Lady the Queen saith That in the Record and process aforesaid and in the giving of the Judgement aforesaid it is manifestly erred And thereupon the said Attorney of the said Lady the Queen for the said Lady the Queen prayeth That the Judgement aforesaid for those Errors and others in the Record and Process aforesaid be revoked annulled and be had for nothing And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at a certain day to hear the Record and Process aforesaid as also the aforesaid Errors which he the said Attorny General of the said Lady the Queen that now is there alleged and it is granted unto him And it is commanded to the Sherif of the said County of Worcester That by good and lawful men of his Balywick he give warning to the said Richard Bushop that he before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid upon Tuesday falling the 26th day of the said Moneth of April to hear in form aforesaid if c. And further c. that to the Court c. At which day the same Sherif that is to say Edward Harwell Esquire retorned the Writ aforesaid and sent that the said Writ was so late delivered unto him that for the shortnesse of the time he could not execute it Yet the aforesaid Richard Bushop before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at the same day comes into the Chamber aforesaid by Arthur Salway his Attorny and demands the hearing of the Record and of the Processe as also of the aforesaid Errors and they are read
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
and singlar the premises whereof the aforesaid Christopher Digges the Father was before seized due to us or to any other for Wardship Primer-seisin Livery or any other manner That his last Will and meaning was to leave that there might descend all those his Lands and Tenements called and known by the name of Eastendown containing 110. Acres of Lands and all those Lands and Tenements and Heditaments which the aforesaid Christopher Digges the Father had by descent after the death of Thomas Digges of Newington neer Sittingâ—orn Esquire then deseased And if the Lands and Tenements as above is said left to descend should not be sufficient to satisfie to us for the 3d. part was due to us then his Will meaning was That so much of the other of his Lands next adjoyning to Eastendown aforesaid should descend and should be to his said Son Thomas Digges as should be sufficient to satisfie and fulfil to us the third part And by the said his Testament expresly gave and bequeathed the other two parts of the aforesaid Mannors Lands and Tenements and other the premises before mentioned with their appurtenances whatsoever to the use of the payment of his Debts and maintainance of Martha Digges then his Wife And that afterwards the said Christopher Digges of all and singular the premises aforesaid as is before said being seized the 14th day of the moneth of March in the yeer 1566. dyed leaving after him issue Five Sons then living in full life being that is to say the said Thomas Digges in the said Commission named and the aforesaid Christopher Edward Reginald and John Digges which said John dyed in the life of him the said Thomas without issue And that the said Christopher and Edward for further shewing of their Right in the premises said and are ready to aver That the aforesaid Christopher their farther ever in his time had held or enjoyed any of the Lands and Tenements by descent of Inheritance of the said Thomas Digges of Newington aforesaid By which the third part of the said Lands and Tenements of him the said Christopher be limitted and appointed to descend to satisfie us for the Wardship of the Heir of the said Christopher according to the intent of the same Testament and last Will remained to be made and taken out of the aforesaid Lands called Eastendown and of other the Lands and Tenements of the same Christopher to the said Lands called Eastendown next adjoyning And further the said Christopher and Edward Sons of the aforesaid Christopher in Facto said That the demesn Lands of the said Mannor of Outelmeston at the time of the death of the said Christopher the Father were next adjoyning to the aforesaid Lands called Eastendown And that the aforesaid Christopher Digges the Father at the time of his death had not any Lands or Tenements next situate and adjoyning to the said Lands called Eastendown than the demesn Lands of the Mannor of Outelmeston with their Rights and Members By which the third part by the aforesaid Testament and last Will left to descend ought to be taken out of the aforesaid Lands called Eastendown and of the demesn Lands of the said Mannor of Outelmeston aforesaid called Eastendown next adjoyning And also said That the aforesaid Mannors Lands and Tenements whereof the aforesaid Christopher dyed seized contained in them 2500. Acres of Lands And that the third part of the 2500. Acres of Lands is 833. Acres of Lands by which to make the Lands called Eastendown a full third part of all the Mannors and Tenements whereof the said â—hristopher Digges dyed seized ought to be taken out of the demesn Lands of the said Mannor of Outlemeston next adjoyning to the said Lands called Eastendown 733. Acres Which third part of the Mannors and Lands aforesaid after the death of the said â—hristopher Digges Father of the said Thomas Christopher Edward Reginald and John as Sons of the said Christopher descended and of Right ought to descend And that the aforesaid Lands called Eastendown as also the aforesaid demesn Lands of the aforesaid Mannor of Outlemeston are and time whereof the Memory of Man is not to the contrary are and were of the Tenure and nature of Gavelkind and for all that time parted and partable between Heirs Males By which the said Thomas Christopher Edward Reginald and John into the aforesaid Lands called Eastendown and so much of the aforesaid demesn Lands of the aforesaid MaÌ„nor of Outelmeston aforesaid called Eastendown next adjoyning as with the aforesaid Lands called Eastendown amounted to the third part of all the aforesaid MaÌ„nors Lands TenemeÌ„ts whereof the said Christ-Digges aforesaid dyed seized entred and were thereof seized in their demesn as of Fee in Copercenery And so thereof being seised The said John Digges dyed without issue of his body of his purpart thereof seised after whose death the aforesaid Thom. Christopher Edward Reginald were seised of the aforesaid Lands called Eastendown and of so much of the demesn Lands of the aforesaid Manor of Owtelmestone aforesaid called Estendown next adjoyning as with the aforesaid Lands called Eastendown did amount to the third part of all the aforesaid Manor Lands and Tenements whereof the aforesaid Christopher dyed seised and were thereof seised in their demesn as of Fee in Copercenerie they being thereof so seised the aforesaid Thomas Digges dyed thereof seised and further the said Christopher and Edward said that afterwards the aforesaid Thomas Digges in the aforesaid Commission named so thereof as is said of his purpart of the premises being seised dyed thereof seised after whose death the said Christopher and Edward together with the aforesaid Reginald into the aforesaid Lands and Tenements being as before is said of the nature and tenure of Gavelkind entred and were by virtue of the said Custome of Gavelkind thereof Lawfully seised in Copercenerie as of their purparts until after the birth of thesaid Thomas Posthumus Digges and by Colour of the Inquisition aforesaid the aforesaid Lands called Eastendown and the aforesaid Manor of Owtelmestone amongst other things were totally and wholly seised into our hands And the aforesaid Christopher and Edward utterly thereof and of their aforesaid purparts thereof to them as before is said due and belonging they were amoved and expelled unjustlie with this that the said Christopher and Edward will averr that the aforesaid Manor of Owtelmestone and the aforesaid Lands called Eastendown in the aforesaid last Will of the aforesaid Christopher the father mentioned and left to descend as afore is said are the same Lands called Eastendown and the said Manor of Owtelmestone in the Inquisition aforesaid mentioned whereof the said Christopher and Edward demand Judgment and that our hands from the two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Owtelmestone next adjoyning to the aforesaid Lands called Easten as do amount to the third part of the aforesaid Manors and
Lands whereof the aforesaid Christopher the father dyed seised in 3 parts to be divided that is to say of 416 Acres of Lands which to them for their purpart by the death of the aforesaid Christopher Digges their Father by the Custom aforesaid thereof to them due and belonging are and to them of right descended and ought to descend be amoved and that they to their said purparts of the premises together with the Issues and profits thereof and of every parcel thereof from the time of the taking of the Inquisition aforesaid and in the mean time received be restored c. And wheras we by our letters Patents under our Great Seal of England bearing date at Westminster the 7th day of September in the yeer of our Reign the 38th have committed to Margaret Digges the late Wife of the aforesaid Thomas Digges and now the Wife of Thomas Palmer Esquire the Wardshipp of the body and the Mariage of the said Thomas Posthumus Digges To have enjoy and possess the wardshipp and Mariage of the said Thomas Posthumus Digges to the said Margaret her Executors and assigns until the said Margaret her Executors and assigns the effect of the Mariage of the said Thomas Posthumus Digges receive or have or should receive or have By virtue of which the said Thomas Palmer and Margaret as in the right of the said Margaret are of the Wardship aforesaid possessed and because it seemeth expedient to us that the said Thomas Palmer and Margaret be warned before it be further proceeded in the said plea We command you by good and Lawfull men of your Bayliwick you warn the aforesaid Thomas Palmer and Margaret that they be here before us in our said Chancery in 16 dayes of Easter next following wheresoever it then shall be to Inform us and our Council wherefore our hands from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the said Manor of Owtelmestone next adjoyning to the aforesaid Lands called Eastendown as should amount to the third part of the aforesaid Manors Lands and Tenements whereof the aforesaid Christopher Digges the Father dyed seised in 4 parts to be divided that is to say of 416 Acres of Land which to the aforesaid Christopher and Edward for their purpart after the death of the Christopher their Father according to the Custom aforesaid thereof to the aforesaid Christopher and Edward are due and belonging and which to them of right descended and ought to descend be amoved and that the said Christopher and Edward to the said purparts of the said premises together with the Issues and profits thereof and each parcel thereof from the time of the taking of the Inquisition aforesaid in the mean time received ought not to be restored according to the said plea and petition of the said Christopher and Edward and farther to do and receive which our Court shall consider in this behalf Witness my self at Westminster the 23th day of January in the yeer of our Reign the 40th And have here the names of them by whom you gave warning and this writ And now at this day that is to say the aforesaid 15. dayes of Easter before the Lady the Queen in her Chancery here that is to say at Westminster aforesaid come the aforesaid Christopher Digges the Son and Edward Digges by John Rotherham their Attorny of themselves the 4th day against the said Thomas Palmer and Margaret of the Plea aforesaid and George More Knight Sherif of the said County of Sussex before the said Lady the Queen in her said Chancery here sent the said Writ executed and retorned that is to say that he by virtue of the said Writ to him directed the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 40th abovesaid by John Byrstie Gent. and Thomas Wolfe Gent. good and lawful men of his Balywick gave warning to the said Thomas Palmer and Margaret to be here at this day to in form the said Lady the Queen and her Council as the Writ aforesaid in it importeth and requireth and as by the said Writ to him it was commanded At which day the said Thomas Palmer and Margaret before the aforesaid Lady the Queen in the said Court here at Westminster aforesaid according to the warning aforesaid to them as before is said given come likewise and pray licence with the Queens Council thereof to imparl before the said Lady the Queen in the said Court here until the Morrow of the Holy Trinity then next following c. Wheresoever c. And then to Answer c. And have it c. And the same day is given to the aforesaid Christopher Digges the Son and Edward Digges then and there c. At which Morrow of the Holy Trinity before the said Lady the Queen in the said Court here that is to say at Westminster aforesaid come aswel the aforesaid Christophâ—r Digges the Son and the said Edward Digges as the aforesaid Thomas Palmer and Margaret by their Attornies aforesaid And upon this the said Thomas Palmer and Margaret pray licence further with the Queens Council thereof to iâ—parl before the said Lady the Queen in the said Court here until 8. dayes of St. Michael then next coming c. wheresoever c. and then to Answer c. and have c. And the same day is given to the aforesaid Christopher Digges the Son and Edward Digges then and there c. At which 8. dayes of St. Michael before the aforesaid Lady the Queen in the said Court here that is to say at Westminster aforesaid came aswel the aforesaid Christopher Digges the Son and Edward Digges as the aforesaid Thomas Palmer and Margaret by their Attornies aforesaid and upon this the said Thomas and Margaret pray the hearing of the Writ aforesaid and it is read unto them c. Which being read and heard The said Thomas and Margaret say That the Hands of the said Lady the Queen from the said two parties of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Manors Lands and Tenements in 4. parts to be divided nor from any part thereof ought to be amoved nor the aforesaid Christopher Digges the Son and Edward Digges to the aforesaid purparts of the premises above demanded together with the Issues and Profits of the purparts of the premises in the mean time aforesaid received ought not to be restored Because protesting that the aforesaid Manors and Tenements of which it is supposed the aforesaid Christopher Digges the Father to have dyed seized or any part thereof are not of the nature of Gavelkind in the said County of Kent protesting also that the said Christopher Digges the Father by his last Will and Testament did not Will and Devise the Manors and
Purificaiion of the blessed Mary wheresoever c. to Recognize in form aforesaid c. And the same day is given to the parties aforesaid c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and the said Edward by their Attorny aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif sent not his Writ thereof c. There again as before It is commanded c. That he destrein the Jurors aforesaid by all their Lands c. So that he have their Bodies before the Lady the Queen from the day of Easter in 15. dayes wheresoever c. Unless the Justices of the Lady the Queen to Assizes in the County of KENT to be taken assigned first upon Monday in the 5th Week of Lent at Rochester in the aforesaid County of KENT according to the form of the Statute shall come for default of Jurors And therefore that the Siherif have their Bodies c. to Recognize in form aforesaid And the same day is given to the parties aforesaid At which day before the Lady the Queen at Westminster came aswel the aforesaid Christopher Digges the Son and Edward Digges by their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the aforesaid Justices to Assizes before whom c. sent here the Record had before them in these words After wards the day and place within contained before Francis Gawdy one of the Justices to Pleas before the Queen her self to be holden assigned and George Kingsmill one of the Justices of the said Lady the Queen of the Bench Justices of the said Lady the Queen to Assizeâ— in the said County of Kent to be taken assigned by the form of the Statute c. come aswel the within named Christâ—pher Digges and Edward Diggs by Edmond Gibbon their Attorny within written as the said Thomas Palmer and Margaret by Nathaniel Manley their Attorny And the Jurors of the Juâ—y whereof within mention is made likewise being called come who to say the truth of the within contained chosen tryed and sworn say upon their Oaths That long before the day of the bringing of the Monsirans de droit within written one Christopher Digg otherwise Digges Esquire in the Monstrans de droit within named Father of the aforesaid Christopher Digges and Edward Digges was seized of the Mannors Lands and Tenements with the appurtenances in the Monstrans de droit specified and of and in Lands and Tenements in the Indenture hereafter specified in his Demesn as oâ— Fee And so thereof being seized The said Christopher Digges the Father before the day of the bringing of the Monstrans de droit within written that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th By his Indenture between him the sâ—id Christopher Digges the Father of the one part Henry Cripps Knight John â—rook Francis Gatacre Richard Brook Thomas Leason and Richard Horewood Gent. of the other part made one part whereof with the Seal of the said Christopher Digges the Father sealed to the Jurors aforesaid in Evidence was shewed whose Date is the same day and yeer For the Considerations and Causes in the same Indenture specified covenanted and granted for him and his Heirs To and with the aforesaid Henry â—ripps John Brook Francis Gatacre Richard Brook Thomas â—eison and Richard Horewood and their Heirs That the said Christopher Digges the Father and his Heirs then from thenceforth would stand and be seized of and in all and singular the aforesaid Mannors Lands and Tenements to the Behoofs and uses Provisons and intents in the same Indenture specified The Tâ—nor of which Indenture followeth in these words ss This Indenture made the 6th day of May in the 10th yeer of the Reign oâ— our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Christopher Digg otherwise Digges of Outelmeston in the County of Kent Esquire on â—he one part and St. Henry Cripps or Thenett in the said County Knight John Brook Francis Gatacre Thomas Leweson and Richard Horewood Gent. on the other part witnesseth That whereas the said Christopher Digges did â—eretofore mary and take to Wife Martha Brook Sister of the said John Brook and Richard Brook and now Wife of the said Christoper and during the said Mariage had and continuing they had and have issue be ween their Thomas Digg otherwise Digges now being Son and Heir apparent of the said Christopher Therefore aswel in Consideration of the said Mariage so had betwâ—en the said Christopher and Martha As alâ—o for and in consideration of the sum of 200. pounds of good and lawful money of England before the solemnization of the Mariage aforesaid unto the sâ—id Christopher well and truly contented satisfied and paid As also for the Preferment and certain Advancement of the said Thomas â—igges and of the Heirs Males of the said Thomas Digges of his Body lawfully to be begotten And also for diverse other good considerations the same Christopher Digges thereunto specially moving It is now Covenanted Granted Concluded Condescended and Agreed between the parties to these presents and the said Christopher Digges and his Heirs doth by these presents Covenant Grant and Agree to and with the said Sr. Henry Cripps Knight John Brook â—rancis Gatacre Richard Brook Thomas Leweson and Richard Horewood their Executors and Administrators in manner and form following That is to say That aswell the said Christopher Digges and his Heirs and all and every other person or persons and their Heirs which now stand or be seized or at any time hereafter shall stand or be seized of and in all and singular his Manors Messuages Lands Tenements Rents Reversions Services whatsoever with their appurtenances set lying and being in the said County of Kent shall from the day of the Date of these presents stand and be seized of and in all and every the said Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of Kent to the only uses and intents hereafter in these presents mentioned and expressed and to none other use intent or purpose That is to say To the use of the said Christopher Digges for his natural life and after the decease of the said Christopher Digges Then to the use of the said Thomas Digges and the Heirs Males of his body lawfully begotten and for default of such Heirs Males Then to the use of the Heirs Males of the body of the said Christopher upon the Body of the said Martha lawfully to be begotten Provided alwaies and it is neverthelesse Covenanted and Agreed by these presents between the said parties to these presents upon the Considerations above mentioned That for the Preferment and Advancement of the other Children of the said Christopher Digges and
for the payment of his Debts or Legacies or for any other necessary purpose or intent It shall and may be lawful to and for the said Christopher Digges together with Sr. Henry Cripps Knight John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood at any time hereafter during the life of the said Christopher Digges together with and by the joynt Consent and Agreement of the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry John Francis Richard Thomas and Richard by their Joynt Deed or Writing Indented of them the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christopher Digges or of three of them the said Henry John Francis Richard Thomas and Richard and being sealed with the seals of the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christoper Digges or three of them the said Henry John Francis Richard Thomas and Richard and to be inrolled in any Court of Record of our sovereign Lady the Queen or of her Heirs and Successors to make void and frustrate any of the use or uses estate or estates in these presents above mentioned expressed or declared onely for of or in any such part or parcel of the premises as by the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or by the said Christopher Digges or three of them the said Henry Iohn Francis Richard Thomas and Richard shall be thought meet and convenient and by the said Writing Indented and Inrolled shall be expresly limited and appointed and no otherwise And thereof by the said Writing Indented so to be inâ—olled of new to declare limit or appoint any such new or any other such use or uses estate or estates as to the said Christopher Digges Henry Cripps Iohn Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or any three of the said Henry John Francis Richard Thomas and Richard shall be thought meet and convenient as by the said Writing Indented shall be expressed and declared and not otherwise any thing in this present Indenture contained to the contrary thereof in any wise notwithstanding And that immediatly from and after such new Declaration Limitation and Appointing of any new or other use or uses of or in any part or parcel of the premises by writing Intended sealed and inrolled as aforesaid than the use and uses estate or estates of such and so much onely of the premises whereof any such new Declaration Limitation or Appointment shall be so had and made shall be And the said Christopher Digges his Heirs and Assignes and all other person or persons their Heirs and Assignes which at any time hereafter shall stand and be seized of or in so much of the premses whereof any such new Declaration limiting and appointing shall be so had and made shall stand and be seized thereof to the use of such person and persons and to such use intents and conditions as shall be mentioned and expressed in the said Writing Indented and Inrolled and to none other use intent or purpose any thing above mentioned to the contrary thereof in any wise notwithstanding In witnesse whereof the parties to these presents inter changeably to this present Writing Indented have put their Seals the day and yeer above written By virtue of which Indenture and by force of a Statute transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The aforesaid Christopher Digges the Father was seized of the Manors and Tenements with the appurtenances within monstraâ—s de droit above specified in his Demesn as of Freehold for the term of his life the remainâ—er thereof to the aforesaid Thomas the Heirs Males of his Body issuing and for default of such issue The Remainder thereof to the Heirs Males of the Body of the said Christopher the Father of the aforesaid Martha lawfully begotten And the said Christopher Digges the Father so of the Manors and Tenements aforesaid with the appurtenances being seized the Remainder thereof to the aforesaid Thomas in form aforesaid expecting The said Christopher Digges the Father and the aforesaid Ioh. Brook Ric. Brook Tho. Leweson afterwards and before the day c. that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 12th By a certain Indenture between them the said Christopher Digges the Father and the aforesaid Iohn Brook Richard and Thomas Leweson of the one part Thomas Ovington and Thomas Digges of Chertham in the County of Kent Gent. of the other paâ—t made and in the Court of Chancery of the said Lady the Queen that now is at Westminster then being the 4th day of Iunc in the yeer of the Reign of the said Lady the Queen that now is the 12th aforesaid in due manner of Record inrolled one part of which with the Seals of the aforesaid Christopher Digges the Father Iohn Richard and Thomas Leweson sealed To the Jurors aforesaid in evidence was shewed whose Date is the same day and yeer abovesaid In which Indenture reciting the first Indenture bearing Date the 6th of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between him the said Christopher Digges the Father of the one part and the aforesaid Henry Cripps Knight Iohn Brook Francis Gaâ—acre Richard Brook Thomas Ltweson and Richard Horewood of the other part Covenanted Granted and Agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs Executors and Assigns in manner and form as followeth in these words And also whereas The said Christopher Digges at the time of the making of the said Indenture in these presents above recited was seized of an Estate of Inheritance amongst other the Manâ—rs Lands Tenements and Hereditaments abovesaid of and in one Close in the abovesaid Parish of Barham in the occupying of Bartholmew Baker containing by estimation 3. Acres and 2. Acres of Land in Stony Rock and 3. Acres and 2. yards in Parsonage-field in the occupation of the said Bartholmew Baker in Barham aforesaid and 2. half Acres of Land in the occupying of Henry Crowd and one half Acre late in the occupation of Iohn Barham Gent. in the Parish of Barham aforesaid And also 3. Acres called Green Hill and one Acre lying in Brome lease joyning to Thomas Laddes Ground and one yard in Iohn Nashes Land lying in Barham aforesaid and Kingston next Barham in the County aforesaid
and also 16. Acres of Down Land and Pasture in the said Parish of Barham and Kingston aforesaid and Adsham in the County aforesaid in the occupying of Kembers Heirs and also the moyety of 31. Acres of Marish Land and Arable the moyety of one Tenement lying in the Parish of Woekham in the said County and 3. Acres of Marish Land more late in the occupying of Robert Formel and 5. Acres of that now in the occupying of David Deme of Littleborn Court lying in the Parishes of Littleborn and Wockham aforesaid and Ickham in the County aforesaid And also one Tenement with 7. Acres of Land lying at Stelling Mennis in the Parish of Ekham late in the occupying of Richard Ovingden 30. Acres of Wood-Land in the Parish of Netherherds now in the occupying of the said Christopher Digges and 1. Acre of Arable Land in the occupying of Henry Rigden called Bedleacre and also 2. Acres of Land in Demisdale and 3. Acres in Spotts Cross half an Acre in Wholdstane in the parishes of Barham and Kingstone and 12. Bushels of Rent Barley out of William Ademe's Land in Kingston aforesaid and 3. Acres of Land at a Place called Marley within the Parish of Kingston in the occupying of James Adem and also 1. Tenement with 7. Acres of Arable Land and Pasture in the occupying of Henry Crowd in the Parish of Barham aforesaid And also 60. Acres of Arable Land Pasture and Down-Land in the Parish of Barham aforesaid and also 3. Acres of Meadow lying in Winch in the Parish of Tannington and 7. Seames of Rent Barley in the Parish Sutton next Sandwitch and also 3. Acres of Arable Land in the occupation of Richard Ragely in the Parish of Kingston aforesaid and 36. Acres of Wood-Land Arable and Pasture and half a Messuage half a Barn and half a Stable an Outhouse and a Meadow containing 12. Acres adjoyning to the Barn in the occupying of James Herringe in the Parishes of Kingstone aforesaid and Bourn in the County aforesaid Whereupon and for and in consideration that the said Christopher Digges is endebted to divese persons in the sum of 900. pounds or thereabouts and that he the said Christopher may have full authority to sell and alienate some part of the said Lands and Tenements for the payment of his said debts It is now Covenanted Granted Condescended and Agreed Between the said Christopher Digges John Brook Richard Brook and Thomas Leweson and the above named Thomas Ovington and Thomas Digges their Heirs and Assignes And the said Christopher Digges John Brook Richard Brook and Thomas Leweson for them and every of them their Heirs and Assignes by their joynt Consent and Agreement do Covenant and Grant to and with the said Thomas Ovington and Thomas Digges their Heirs and Assignes by these presents That from the Inrollment of this present Indenture in the Queens Majesties Court of Chancery That all and every the said use and uses considerations and intents limited declared and mentioned in the abovesaid Indenture in these presents above comprised And to and as concerning only all and singular those several parcels of the premises particularly above mentioned shall be utterly void frustrate and be determined and ended And that the said Christ Digges and his Heirs and all every other person and persons which now stand or be seized or at any time hereafter shall stand and be seized of and in the said several parcels particularly above mentioned with their Appurtenances shall from the time of the Inrollment of these presents stand and be of all and every the same particular parcells above mentioned onely with their Appurtenances seized onely unto the use of the said Christopher Digges his Heirs and Assignes for ever and to no other use uses purposes and intents In Witnesse whereof the parties abovesaid to these present Indentures their Seals interchangeably have set dated the day and yeer first above written as by the Indenture aforesaid more fully appeareth By colour of which Indenture and Inrollment and by force of the aforesaid Statute of transferring of uses into possession made and provided The aforesaid Christopher Digges the Father was seized of the aforesaid parcel of Lands Tenements and Hereditaments with the Appurtenances in the Indenture aforesaid particularly further specified as the Law requireth And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Christopher Digges the Father of the Manors Lands and Tenements in the Monstrans de droit within written with their Appurtenances in form aforesaid being seized The said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterward and before the time of the bringing of the Monstrans de droit within written that is to say the 20th day of September in the yeer of the Reign of the said Lady the Queen that now is the 13th By another Indenture between them the said Christophâ—r Digges the Father John Richard and Richard Horewood on the one part and the aforesaid Thomas Ovington and Thomas Digges of Chartham aforesaid on the other part made By the names of Christopher Digges of Barham in the County of Kent Esquire John Brook Richard â—rook and Richard Horewood Gent. on the other part made and in the Court of the Lady the Queen of Common Pleas at Westminster afterwards that is to say in the Term of St. Michael in the yeer of the Reign of the said Lady the Queen that now is the 13th and 14th in due manner of Record inrolled one part whereof with the Seals of the aâ—oresaid Christopher Digges the Father John Richard Brook and Richard Horwood sealed and to the Jurors aforesaid in Evidence shewed whose date is the same day and yeer reciting the aforesaid Indenture bearing date the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between the aforesaid Cheistopher Digges the Father of the one part and the aforesaid Henry Gripps Knight John Brook Francis Gaâ—aâ—re Richard Brook Thomas Leweson and Richard Horewood of other the part Covenanted Granted and agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs and assignes in maner and form as followeth in these words Whereupon and â—or and in Consideration that the said Christopher Digges is endebted to diverse persons in the sum of a 1000 pound or there abouts that he the said Christopher may have full authority to sell and alienate part and parcel of all and singular his said Lands and Tenements whatsoever for the payment of his said debts and for any other necessary purpose and intent it is now Covenanted granted condescended and agreed Between the said Christopher Digges John Brook Richard Brook and Richard Horewood and the above Thomas Ovington and Thomas Digges their Heirs and assigns And the said Christopher Digges John Brook Richard Brook and Richard Horewood for them and every of them their Heiirs and Assignes by their Joynt
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
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
as is aforesaid That then it shall be lawful to every or to any of my aforesaid Sons or Daughters for default of payment of the sums or sum due unto them or any of them by way of Annuity as is aforesaid into the Lands and Tenements and other Hereditaments above limited to my Eldest Son aforesaid and to his Heirs Males as aforesaid to enter and destrein and the destress there so taken lawfully with them or any of them to lead drive or carry away until every of them shall be fully satisfied and paid Item I will That after the decease of Martha my Wife if then my Eldest Son aforesaid or the Heir Male of his Body lawfully begotten then living shall be of the full age of 22. yeers That then the said Eldest Son or his Heir Male aforesaid shall have the aforesaid Lordship of Yoke and the Manors of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys to him and the Heirs Males of his Body lawfully begotten for ever And if then my Eldest Son aforesaid or his Heirs Males as is aforesaid shall come of the full age of 22. yeers Then I will that the yeerly Profits and Revenews of the abovesaid Lordship of Yoke and Manor of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys aforesaid until my sayd Eldest Son or his Heir Male abovesaid shall come to the full age of 22. yeers shall go and be imployed towards the payment of my Debts Legacies Payments and Annuities aforesaid Item I will That if it happen my Eldest Son aforesaid or his Heir Male aforesaid to depart this transitory world without Heirs Males or Male of his Body lawfully begotten Then for lack of such Heir Male All and every the aforesaid Lordship Manors Lands Tenements with the Appurtenances Rents Services and Hereditaments other than such as are appointed to be sold and for the Poor as aforesaid shall be and remain to his next Eldest Brother then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly to every of his Brothers my Sons then living until every of them shall be of the full age of 24. years 4. pound of lawful mony of England and to every of his Sisters my Daughters then living five Marks of lawful mony in such manner and form and so long as is afore specified Item I will That all and singular the abovesaid Lordships Manors Lands and Tenements with the Appurtenances Rents Reversions Services and Hereditaments whatsoever in the County of Kent or else where other than such as afore specified to be sold by Thomas Ovington aforesaid and willed to my Eldest Son aforesaid as is afore specified for lack of Heir Male of the Body of any my aforesaid Sons shall successively remain from Brother to Brother and to his Heir Male paying yeerly for so long to his Brothers and Sisters as is aforesaid And if it fortune all my said Sons depart this transitory world without Heirs Males or Male of their or his Body lawfully begotten Then for lack of such Heir Male I will all the aforesaid Lordship Manor Lands and Tenements with their Apurtenances Rents Reversions Services and Hereditaments in the Parishes of Leneham Frinsted Harrisham aforesaid shall be and remain to my Daughters aforesaid and to their Heirs for ever Item I will That all other my Lordships Manors Lands and Tenements with their Appurtenances Rents Reversions and Services and other Hereditaments in Barham aforesaid for lack of Heirs Males or Male of the Body of any of my Sons lawfully begotten shall remain to Thomas Digges one of the Sons of Leonard Digges Esq late in the Parish of Sutton in the County of Kent aforesaid and to the Heir Males or Male of his Body lawfully begotten for ever And for lack of such Heir Male to remain to James Digges another of the Sons of the said Leonard and to the Heirs Males or Male of his Body lawfully to be begotten for ever and for lack of such Heir Male to remain to the Right Heirs of me the aforesaid Christopher Digges another of the Sons of the aforesaid Leonard and to the Heirs Males of his body lawfully begotten for ever and for lack of such Heir Male to remain to the right Heirs of me the said Christopher Digges for ever As by the Testament and last Will aforesaid amongst other things more fully appeareth And that afterwards and before c. that is to say the second day of February in the year of the Reign of the said Lady the Queen that now is the 19th the aforesaid Christopher the Father at Barham in the County aforesaid dyed of the Manors Tenements and Hereditaments aforesaid in the Monstrans de droit within written specified with the appurtenances mentioned so as aforesaid as the â—aw requireth seised And further the Jurors aforesaid say upon their Oâ—th aforesaid That the aforesaid Martha Digges wife of the aforesaid Christopher Digges the Father him the said Christopher Digges her Husband over lived and that the aforesaid Martha afterwards that is to say the 4th day of May in the 19. year afores aâ— Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid â—hâ—mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture afâ—rel here first specified named were one and the same person not other nor divers and that the Manors Lands and Tenements in the Inquisition aforesaid specified and the Manors Lands and Tenements in the Indenture aforesaid here first mentioned and comprised are the self same Manors Lands and Tenements not others nor divers And that the aforesaid Lands Tenements wherof the uses by the aforesaid Indenture bearing date the 6th day of May in the 12th year aforesaid are revoked are not the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any parcel thereof And thâ—t the uses of the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any part thereof by the aforesaid second Indenture here within specified was not Revoked annulled or mentioned to be by the same revoked or annulled and that the aforesaid Manors Lands and Tenements whereof the uses by the aforesaid Indenture bearing date the 20th day of September in the 13th year aforesaid mentioned to be by the same Indenture Revoked and annulled are the same Manors Lands and Tenements in the Monstrans de droit within written specified and not other nor divers But whether upon the whole matter aforesaid in form aforesaid found The said Christopher Digges the Father dyed seised of the Manors Lands and Tenements in the Monstrans de droit within written specified in his demesn as of Fee as in the aforesaid Monstrans de droit it is supposed or not the Jurors
Queen here are not yet c. Prohibition Michaelmas Term Anno 31. and 32. Eliz. Rot. 447. in the Common-Pleas Co. 4. part Jeffreyes Case Fol. 64. Mâ—morandum That upon Monday next after a Moneth of St. Michael this Term before the Lady the Queen at Westminster came William Jeffrey Cent. in his proper person and informed the Couâ—t of the Lady the Queen that now is here That whereas according to the Law of the Land and the Custom of this Kingdom of England time whereof the Memory of Men is not to the contrary within the said Kingdom had and used The Inhabitants and Residents within any Parish within the Kingdom aforesaid within which any Parish Church is The said Church at their own propper costs as often as need required was repaired and from the whole time aforesaid used to be and ought to be repaired And that every other person or persons inhabiting without the same Parish in any other Parish from the Reparations thereof from the time aforesaid were discharged and acquitted And whereas by the Law of the Land and the Custom aforesaid It is not lawful to any person or persons to impose any Rate or Tax upon any person not dwelling in any Parish where such Church to be repaired is in respect or by reason of any Lands or Tenements which the said person holdeth or occupieth in the said Parish where the said Church is to be repaired as above is said for the Reparation of any Church so unrepaired without his consent And whereas also the Tryal and Determination of the cause aforesaid is a matter determinable at the Common Law and not by the Laws or Censures Ecclesiastical any wayes to be Tryed Ended or Discussed nor used to be time whereof the Memory of Man is not to the contrary Yet Abraham Kenshely and Thomas Foster Church-wardens of the Parish of Haylesham in the County of Sussex not being ignorant of the Premises falsely and subtilely pretending the aforesaid William Jessrey to be an Inhabitant within the Parish of Haylesham aforesaid whereas in truth the aforesaid William Jeffrey is and was dwelling within the Parish of Chiddingly in the County aforesaid and never was dwelling within the Parish of Haylesham aforesaid And the same Church of Haylesham aforesaid by Tenants and Proprietors of Lands and Tenements within the same Parish behoved and ought to be repaired Endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and the Conusance of Pleas which to the said Queens Majesty and to her Regal Crown and not to the spiritual Court doth belong to draw to be determined in the spiritual Court The said William Jeffrey in the spiritual Court aforesaid before Doctor DREWRT Doctor of Law in and throughout the whole Archdeaconry of Lewis of the most Reverend Father in Christ by Divine Providence Thomas Lord Bishop of Chichester lawfully deputed at the procuring of the same Abraham and Thomas in this behalf of and for a certain Tax upon him the said William Jeffrey to and about the Reparations of the Parish Church of Haylesham aforesaid imposed caused to be cited and him the said William in the spiritual Court aforesaid before the aforesaid spiritual Judge to appear and him the said William so appearing to answer to certain Articles of for the Tax aforesaid that is to say for that the said William Jeffrey knew believed heard that within the Archdeaconry of Lewes in the County aforesaid there was a Church commonly called the Parish Church of Haylesham that the said Parish Church as well in the tiling as in the covering thereof as in other things needed and wanted so that unless it were repaired it was feared it would fall to decay and ruine And that as well of Common Right and of an ancient and laudable Custom as also time whereof the Memory of Men is not to the contrary inviolably and unquestoned it was used and observed within the Parish of Haylesham aforesaid That all and singular the Parishoners intending the Reparation of any Church unrepaired according to the Rate and the Quality of their possessions having and occupying in same Parish might or ought to impose a Rate or Tax and also that the said Church mature deliberation being had thereof could not be repaired for lesse sum than Threescore and Ten pounds As also that the Church-wardens of the Parish Church of Haylesham aforesaid for the time being in the yeer of our Lord 1589. and two yeers then last past of and with the consent of all the Parishioners of Haylesham aforesaid or the greater or better number of the same A Rate according to the Quantity and Qualities of the possessions aforesaid and of the Rents within the said Parish being for the Reparation of the said Church of the possessions aforesaid or Rents in the said Parish of all and singular to be imposed and the same to be taxed had decreed and had appointed a day and place for the Rate and Tax aforesaid to be made And that of the same day in which the said Rate should be imposed notice was given to all the Parishioners aâ—oresaid as also to Forreiners having Lands Possessions or Rents in the Parish of Haylesham aforesaid and also in the publick Market there And that at the time and place appointed for the imposing of the aforesaid Tax or Rate those Church wardens as also the Parishioners of the said Parish to the Rate and Tax aforesaid to be made proceeded And the sum of 4. pence of every Acre of Land called Marsh-land as also the sum of 2. pence of lawful Mony of England of every Acre of Land called Vpland within the Parish of Haylesham aforesaid being for the Reparations of the aforesaid Parish Church by the havers and occupiers of the aforesaid Acres were imposed to be paid to the Church-wardens of the aforesaid Parish Church As also that the said William 30. Acres of Marsh called Marsh Ground and 100. Acres of Land called Vpland within the Parish aforesaid held and occupyed or Rents for the same then received And that the sum from the havers and occupyers of the possessions aforesaid or Rents within the aforesaid Parish of Haylesham aforesaid did not extend unto above the sum of 50. pounds of good and lawful Money of England according to the Rate and Tax aforesaid to be levied and collected under the name colour of their Office as before is said of upon the premises to answer unjustly bound And although the said William Jeffrey the matter aforesaid above contained in the spiritual Court aforesaid before the aforesaid spiritual Judge in his discharge of the premises often had pleaded alleged and the same with inevitable truth and good Witnesse offered to prove that he by the Law of the Land in form aforesaid ought not to be cited for the payment of the aforesaid sum upon him the said William Jeffrey for the Reparations of the Church of Haylesham aforesaid as before is said taxed and for
that the Tax aforesaid for the Reparations of the Church aforesaid in the case aforesaid is a matter determinable at the Common Law and not in the spiritual Court Yet the said spiritual Judge to admit the same Plea Allegation utterly refused And the aforesaid Abraham and Tho. Foster him the said William Jeffrey in the spiritual Court aforesaid in the premises to be condemned and to the payment of the aforesaid several sums of Mony upon him the said William Jeffrey for the Reparations of the Church aforesaid above in this behalf specially imposed and taxed which then by the Law of the Land as before is said to pay for the reason aforesaid ought not or is bounden to do by the definitive Sentence of the said spiritual Court with all his strength endeavoreth and daily threatneth in contempt of the Queen that now is and to the losse prejudice impoverishing and manifest grievance of him the said William as also contrary to the Law of the Land aforesaid And this the said William Jeffrey is ready to aver and humbly imploring the aid assistance of the said Court of the said Lady the Queen that now is here demands remedy And the Writ of the said Lady the Queen of Prohibition to the aforesaid spiritual Judge in form aforesaid to forbid him that he the Plea aforesaid nor any thing touching the same before him he futher hold not and it is granted unto him c. And thereupon cometh John Porter of Cheddingley in the County aforesaid of Sussex Esquire Ard Thomas Aynscomb of Buxted in the County aforesaid Gent. in their proper persons and undertake for the aforesaid William Jeffrey That if it happeneth the aforesaid Abraham Kenshley and Thomas Foster To the Court of the Lady the Queen hereafter to come to demand the said Queens Writ of Consultation or otherwise to sue for Justice there of and upon the premises That then the said William the said matter or suggestion should follow with effect untill the Plea thereof by some lawful means be ended that is to say each of the Bail aforesaid upon the penalty of 10. pound which said sum of 10. pound the Bail aforesaid acknowledged and each of them acknowledged of their Lands and Goods and of every of them to be levied to the use of the said Lady the Queen If it shall so happen the said William not to prosecute in form aforesaid with effect c. REPLEVIN Michaelmas Term Anno 23. Eliz. Rot. 1160. in the Common Pleas C. 1. part Capels Case Fo. 54. THomas Gately was summoned to answer John Hunt of a Plea wherefore he took the Cattel of the said Iohn and them deteined against Gages and Pledges c. And whereupon the said Iohn by Iohn Lutwich his Attorney complaineth that the aforesaid Thomas the 27th day of November in the yeer of the Reign of the Lady the Queen that now is the 22th at Howcaple in a certain place called Stockins took his Cattel that is to say 6. Oxen and 6. Cows of him the said Iohn and them unjustly deteined against Gages and Pledges untill c. whereupon he saith he is the worse and hath loss to the value of 100 pound and thereof bringeth sute c. and the aforesaid Thomas by Thomas Willis his Attorney comes and defends the force and injury when c. And as Bayliff of Anthony Capel Gent. acknowledgeth the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because that he saith that the place in which it is supposed the taking of the Cattel aforesaid to be done doth contein and at the time of the taking of the Cattle aforesaid supposed to be done did contein in it 300. Acres of Land with the appurtenances in Howcaple aforesaid and that long before the aforesaid time in which c. One Thomas Capel Esquire was seised of the Manor of Howcaple with the appurtenances in the County aforesaid whereof the aforesaid 300. Acres of Land with the appurtenances in which c. are and at the aforesaid time in which c. as also time whereof the memory of men is not to the contrary were parcel in his demesn as of Fee and so thereof being seised after the fourth day of February in the yeer of the Reign of the Lord Henry late King of England the 8th the 27th and before the time in which c Of the said Manor with the appurtenances whereof c. amongst other enfeoffed Iohn Warmcombe Richard Wahrein Alexander Whittington Thomas Walwem Iohn I loid and Henry Iones To have and to hold the said Manor with the appurtenances whereof c. amongst other to the said Iohn Warmcombe Richard Walwein Alexander Whittington Thomas Walwein Iohn Llud and Henry â—ones their Heirs and Assigns for ever To the use of the aforesaid Thomas Capel and the Heirs Males of his body lawfully begotten and for default of such issue to the use of Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for default of such issue to the use of Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such issue to the use of William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel for ever By virtue of which Feoffment and by force of a certain Act of Parliament of the aforesaid late King at Westminster of transferring uses into possession in the 27th yeer abovesaid holden made The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the Remainder thereof in form aforesaid expectant and the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. amongst other in form aforesaid being seised before the aforesaid time in which c. at Howcaple aforesaid dyed of such his estate thereof seised after whose death The Manor aforesaid with the appurtenances amongst other descended to one William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten by which the said William Capel the Son before the aforesaid time in which c. into the Manor aforesaid with the appurtenances whereof c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten for default of such issue the remainder thereof to the aforesaid Edward and the Heirs Males of his
body lawfully begotten in form aforesaid expectant And the said Edward of that remainder as of Feetail and Right being seised before the time in which c. at Howcaple aforesaid dyed of such his Estate seised after whose death the remainder thereof descended to one Richard Capel as Son and Heir of the body of the aforesaid Edward lawfully begotten By which the said Richard Capel the Son was seised of the aforesaid remainder of the Manor aforesaid with the appurtenances whereof c. amongst other as of Feetail that is to say to him and the heirs Males of his body lawfully begotten and the said Richard Capel the Son being thereof so seised and the said VVilliam Capel the Son of the said Manor with the appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel the Son before the time in which that is to say the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid By his writing which the said Thomas Gateley with the Seal of the said Richard Capel Sealed here in Court brings whose date is the same day yeer granted to the aforesaid Anthony Capel by the name of Antho. Capel his Son one annuity or yeerly rent of 50. l. to be going out of the Manor aforesaid with the appur thereof whereof c. amongst other To have hold and enjoy the aforesaid annuity or yeerly Rent of 50. pound to the aforesaid Anthony Capel his Heirs and Assignes forever at two Terms of the yeer that is to say at the Feast of Saint Michael the Archangel and the Anuntiation of the blessed Mary the Virgin by equal Portions to be paid and if it should happen the aforesaid annuity or yeerly Rent of 50. pound to be behind not paid in part or in all after any of the Feasts aforesaid in manner and form as before is said it ought to be paid by the space of 20. dayes that then and from thenceforth and in all times as often as it should happen the aforesaid annuity or yeerly Rent so to be unpaid that then it should be lawful to the aforesaid Anthony Capel his Heirs and Assigns and every of them into the Manor aforesaid with the appurtenances whereof c. amongst other and into any part or parcel thereof to enter and distrein and the distresses so there taken and had to drive carry away impound and with him to retein untill the said Anthony Capel or his Assigns as well of the aforesaid annuity or yeerly Rent so being behind be paid as of the arrerages thereof if any were should be satisfied and paid as by the said writingâ— amongst other things more fully appeareth and the aforesaid William Capel the Son of the Manor aforesaid with the appurtenances thereof whereof c. in form aforesaid being seised afterwards and before the time in which c. That is to say the 10th day of November in the yeer of the Reign of the said Lady the Queen that now is the 19th at Howcaple aforesaid dyed without Heir Male of his body issuing and because 25. pound of the aforesaid yeerly Rent of 50. pound after the death of the said William Capel the Son at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 20th by the space of 20. dayes after the Feast to the aforesaid Anthony Capel the aforesaid time in which c. were behind not paid The said Thomas Gately as Bayliff of the said Anthony for the said 25. pound of the aforesaid yeerly Rent in form aforesaid being behind doth well avow the taking of the Cattel aforesaid in the place in which c. and justly c. as in parcel of the Manor aforesaid whereof c. to the distress of the said Anthony aforesaid charged and bound c. with this that the said Thomas Gateley will averr That the aforesaid Richard Capel at the time of the taking aforesaid was and as yet is living and in full life that is to say at Howcaple aforesaid c. And the aforesaid John Hunt saith That the aforesaid Thomas Gateley for the cause before alleged the taking of the Cattel aforesaid in the aforesaid place in which c. as Bayliff of the said Anthony Capel to be just ought not to a vow Because he saith That well and true it is That the aforesaid Thomas Capel Esquire was seised of the aforesaid Manor of Howcaple with the Appurtenances whereof c. in his demesn as of Fee and so thereof seised after the aforesaid 4th day of February in the yeer of the Reign of the said late King Henry the 8th the 27th aforesaid and before the aforesaid time in which c. Of the said Manor with the Appurtenances whereof c. enfeoffed the aforesaid John Warmcombe Richard Walweyn Alevander Wittington Thomas Walweyn Iohn Lloid and Henry Iones To have and to hold the said Manor with the appurtenances amongst other to the said Iohn Warmcombe Richard Walweyn Alexander VVittington Thomas Walweyn Iohn Lloid and Henry and their Heirs and Assigns forever to the use of the aforesaid Thomas Capel and the Heirs Males of the body of the said Thomas lawfully begotten and for default of such issue to the use of the aforesaid Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for such default of such issue To the use of the aforesaid Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such â—â—e To the use of the aforesaid William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the Term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel forever By virtue of which Feoffment and by force of the Statute aforesaid The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof c. amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof in form aforesaid expectant and that the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised before the aforesaid time in which c. dyed of such his Estate thereof seised After whose death the Manor aforesaid with the appurtenances whereof c. amongst other descended to the aforesaid William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten By which the said William Capel the Son afterwards and before the time in which
c. into the Manor aforesaid with the appurtenances wherof c. amongst other entred and was thereof seised in his demesn as of Feetail that is to say to him and his Heirs Males of his body lawfully begotten and that the aforesaid William Capel the Son of the said Manor with the Appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel Son of the aforesaid Edward Capel the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid by the aforesaid his Writing granted to the aforesaid Anthony Capel the aforesaid annuity or yeerly Rent of 50. pound to be going out of the Manor aforesaid with the appurtenances whereof c. as the aforesaid Thomas Gately above alleged But the said John Hunt further saith That the aforesaid William Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised That the Fine was levyed in the Court of the said Lady the Queen that now is here at Westminster aforesaid from the day of Saint Martin in 15. dayes in the yeer of her Reign the 19th before James Dyer Richard Harper Roger Manwood and Robert Mounson then Justices of the said Lady the Queen of the Bench here and afterwards in the 8th day of Saint Hillary in the yeer of the Reign of the said Lady the Queen that now is the 19th aforesaid there granted and Recorded before the same Justices and other the said Lady the Queens faithful people then there present Between Richard Wooton and Richard Shawley Plaintiffs and the aforesaid Will. Capel defendaÌ„t of the Manor aforesaid with the Appurtenances whereof c. amongst other By the names of the Manors of Capel otherwise Hugh Capel Showle and Okeridge with the Appurtenances and 20. Messuages 10. Tofts 20. Cottages 2. Mills 3. Dovehouses 800. Acres of Land 260. Acres of Meadow 1700. Acres of Pasture 200. Acres oâ— Wood 1000 Acres of Furz and Heath and 5. pound Rent with the Appurtenances iâ— Capel otherwise Hugh Capel Showle Okeridge â—â—rkell and â—edbary As also of the Advowson of the Church of Capel otherwise Hugh Capel whereof a Plea of Covenant was summened between them in the said Court That is to say That the aforesaid William acknowleged the aforesaid Manors Tenements and Rents with the Appurtenances and the Advowson of the Church aforesaid to be the Right of the said Richard as these which the said Richard and John had of the gift of the aforesaid William and those remised and quit claimed from him and his Heirs to the aforesaid Richard and John and the Heirs of the aforesaid Richard forever And further the said William granted for him and his Heirs That they warrant to the aforesaid Richard and Iohn and to the Heirs of the said Richard the aforesaid Manors Tenements Rents with the Appurtenances and the Advowson aforesaid against all Men forever And for that Recognition remise quit claim Warranty Fine and Concord The said Richard and Iohn gave to the aforesaid William 700. pound Sterling Which Fine in form aforesaid levied was levied and had to the use of the said Iohn Hunt and his Heirs By virtue of which Fine and by force of the Statute aforesaid the said Iohn was seized of the Manors aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said Iohn so thereof being seized Thomas Spenceley and Baldwin Castleton before the aforesaid time of the taking c. that is to say the 4th day of Iunuary in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid sued forth out of the Court of the Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being A certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against him the said Iohn Hunt of the Manor aforesaid with the Appurtenances whereof c. amongst other by the names of the Manor of Capel otherwise Hugh Capel otherwise How Capel with the Appurtenances and 20. Messuages 10. Toâ—ts one Mill 2. Dovehouses 500. Acres of Land 200. Acres of Meadow 600. Acres of Pasture 100. Acres of Wood 700. Acres of Furz and Heath and 4. pound Rent with the Appurtenances in Capel otherwise Hugh Capel otherwise How Capel Brocherton and Sellershop as also of the Advowson of the Church of Capel otherwise Hugh Capel otherwise How Capel To the then Sheriff of the aforesaid County of Hereford directed By which Writ the said Lady the Queen that now is To the said then Sheriff commanded That the said Sherif should command the said Iohn Hunt that justly and without delay he render to the aforesaid Thomas Spenceley and Baldwin the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid which the said Thomas and Baldwin to be their Right and Inheritance and in which the said Iohn then had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Thomas Spenceley and Baldwin within 30. yeers then last past as they said And if he should not do and the aforesaid Thomas Spencely and Baldwin should secure him the said Sheriff for the prosecuting of their claim Then he summon by good Summoners him the said John Hunt that he should be before the then Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of St. Hillary then next following to shew wherefore he did not do it And that the said then Sheriff should have there the summons and that Writ At which 8. dayes of St. Hillary before the aforesaid Janes Dyer Knight and his Companions then Justices of the said Lady the Queen of the Bench here came aswel the aforesaid Thomas Spenceley and Baldwin as the said John Hunt in their proper persons And James Warnecome Esquire then Sheriff of the aforesaid County of Hereford then and there retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say That the said Thomas Spenceley and Baldwin had found to him the said Sheriff sureties for to prosecute that Writ that is to say John Doo and Richard Roo And that the said John Hunt was summoned by John Den and Richard'â—en and upon that The aforesaid Thomas Spenceley and Baldwin declaring against him the said John Hunt upon the Writ aforesaid demanded against him the said John Hunt the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid as their Right and Inheritance and in which the said John had not then Entry but after the Deseisin which Hugh Hunt thereof unjustly and without Judgment did to the aforesaid Thomas Spenceley and Baldwin within 30. years c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rent aforesaid with the Appurtenances in
their Judgement thereof because the same Justices here thereof are not yet c. at which day cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. â—illary to hear their Judgement thereof because the same Justices here thereof Lot as yet c. at which day here comteh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from Easter day in 15. dayes to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here come as wel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here 〈◊〉 not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attornies aforesaid And because the Justices will further avise themselves of upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before that 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 judgement thereof because that the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Humt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their judgement thereof because the same Iustices here not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before that they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their judgement thereof because the same Iustices hear not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will futher avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Cateley by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement hereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the partâ—es aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the said Iohnt Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties
Rent of 1. pound of Wax and 4. Capons with the appurtenances in Stow-market Newton Gipping and One House as also of the view of Frank Pledge and whatsoever to view of Frank Pledge doth appertain in Stow-market Newton Gipping and One House whereof a Plea of Covenant was summoned between them in the said Court that is to say That the aforesaid William John Agnes George and Elizabeth acknowledge the aforesaid Manor Tenements Rents and view of Frank Pledge with their appurtenances to be the right of him said Edmond as those which the said Edmond and Robert had of the gift of the aforesaid William John Agnes George and Elizabeth and them released and quit claim from them the said William Iohn Agnes George and Elizabeth and their Heirs to the aforesaid Edmond and Robert and to the Heirs of the said Robert for ever And besides the said William granted for him and his Heirs That they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the aforesaid Manor Tenements Rents and view of Frank Pledge against him the said William and his Heirs forever And further the said John and Agnes granted for them and the Heirs of him the said Iohn that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the Manor Tenements Rents and view of Frank Pledge with the appurtenances against him the said John Agnes and the Heirs of the said John for ever And moreover the said George and Elizabeth granted for them and the Heirs of him the said George that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond The Mannor Tenements Rents and view of Frank Pledge with the appurtenances against them the same George and Elizabeth and the Heirs of the said George forever Which Fine of the Manor Tenements Rents and view of Frank Pledge aforesaid with the appurtenances in form aforesaid levied was had and levied To the use of them the said John Gardiner and Agnes then his Wiâ—e for the Term of their lives and of the longest liver of them without impeachment of waste in any the Woods and Underwoods And aâ—ter the decease of the same John Gardiner and Agnes To the use of the aforesaid William Cary the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid â—ob Cary then Esq and now Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine And by â—orce of a certain Act of 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 yeer of his Reign the 27th of transâ—erring of uses into possession The said John Gardiner and Agnes were seized of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them without impeachment of waste the aforesaid remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs of his Body lawâ—ully begotten the Remainder thereof for default of such issue To the aforesaid Robert Cary and the Heirs of his Body lawfully begotten And for default of such issue the Remainder thereof to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever And the aforesaid John Gardiner and Agnes his Wife so thereof being seized Another Fine was levied in the said Court of the said Lady the Queen that now is of the Bench here At Westminster aforesaid from the day of Easter 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 32th before Edmond Anderson Francis Windham William Periam and Thom. Walmâ—sley then Justices of the said Lady the Queen of the Bench here and other the said Lady the Queens faithful people then there present Between John Higham Knight and Thomas Turner Esquire By the names of John Higham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid William Cary and the aforesaid Martha then his Wife and the aforesaid John Gardiner and the aforesaid Agnes then his Wife Deforceants of the aforesaid Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances whereof c. By the name of the Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court that is to say That the aforesaid William Cary and Martha John Gardiner and Agnes acknowledged the aforesaid Manor with the appurtenances whereof c. To be the Right of the said John Higham as that which the said John Higham and Thomas and of the gift of the aforesaid William Cary and Martha Iohn Gardiner and Agnes and the same released and quit claimed for them the said William Cary and Martha Iohn Gardner and Agnes and their Heirs to the aforesaid John Higham and Thomas and the Heirs of the said John Higham for ever And further the said William Cary and Martha and Iohn Gardner and Agnes granted for them and the Heirs of the said William Cary that they would warrant to the aforesaid John Higham and Thomas and to the Heirs of the said Iohn Higham the aforesaid Manor with the appurtenances against all Men for ever And for the same Acknowledgement Release Quit claim Fine and Concord The said Iohn Higham and Thomas granted to the aforesaid Martha a certain Annuity or yeerly Rent of 40. pound of lawful Mony of England to be issuing out of the aforesaid Manor with the appurtenances and that to her rendred in the same Court of the said Lady the Queen To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound to the said Martha at the Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid Iohn Gardner and Agnes or any of them so long should live the first payment thereof to begin at that Feast of the Feasts aforesaid which next after the decease of the aforesaid William Cary should happen And if it should happen the aforesaid Annuity or yeerly Rent of 40. pound to be behind in part or in all after any of the Feasts of the Feasts aforesaid in which as before it ought to be paid and not paid That then it should be lawful to the said Martha all her life if the said Iohn Gardiner and Agnes or either of them should so long live into the aforesaid Manor with the appurtenances to enter and distrein and the distresses so there taken and had lawfully to lead away carry and drive and with them to
keep until of the aforesaid Annuity or yeerly Rent of 40. pound with the Arrerages thereof if any were they should be satisfied and paid as by the Record of the said Fine in the Court of the said Lady the Queen of the Bench aforesaid here remaining amongst other things more fully appeareth And the aforesaid VVilliam Cary afterwards that is to say the 4th day of March in the yeer of the Reign of the Lady the Queen that now is the 35th at Stow market aforesaid dyed After whose death By virtue of the Fine a-aforesaid last recited The aforesaid Martha was and yet is seized of the aforesaid Annuity or yeerly Rent of 40. pound in heâ— demesn as of Freehold for the Term of her life if the said Iohn Gardiner and Agnes his Wife or either of them should so long live And because 40. pound of the aforesaid yeerly Rent to the said Martha at and after the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 35th as also the aforesaid time in which c. were behind not payd The said VVilliam Brâ—don and Iohn Bredon as Bayliffs of the said Martha acknowledged the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for the said 40. pound of the Annual Rent aforesaid to the said Martha so being behind as in the Lands to the distresse of the said Martha of the Rent aforesaid in form aforesaid charged and bound c. With this that the said Iohn Bredon and VVilliam will aver That the aforesaid Martha is yet living and is in full life that is to say at Littlewrating in the aforesaid County of Suffolk c. with this also That the said William Bredon and John Bredon will aver That the aforesaid Agnes now Plaintiff and the aforesaid Agnes one of the Deforceants in the aforesaid several Fines named are one and the same person and not others or diverse c. And the aforesaid Agnes as to 20. pound of the yeerly Rent aforesaid at the Feast of the Annuntiation of the blessed Mary the Virgin in the 35th yeer abovesaid payable saith That she cannot deny but that the said 20. pound at the said Feast were behind to the aforesaid Martha not paid as the aforesaid William Bredon and John by their Conusance aforesaid supposed And as to the aforesaid other 20. pound of the aforesaid 40. pound Residue which the aforesaid William and John by this Conusance aforesaid suppose to have been behind not paid to the aforesaid Martha at the aforesaid Feast of Saint Michael in the 35th yeer abovesaid It is said That the aforesaid William Bredon and John Bredon by reason of the aforesaid taking of the Cattel aforesaid in the aforesaid place in which c. For the same 20. pound ought not acknowledge it to be just for it is said That well and true it is That the said John Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said John so thereof being seized The said Fine in the Conusance of the said William Bredon and John Bredon above first mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the Reign of the Lady the Queen that now is the 29th above written before the aforesaid then Justices and other the Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs And the aforesaid VVilliam Cary Esquire and John Gardiner and the said Agnes now Plaintiff then Wife of the aforesaid John Gardiner And the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Appurtenances in the Conusance aforesaid above mentioned and that the said Fine in form aforesaid levied was had and levied to the use of the aforesaid John Gardiner and of her the said Agnes for the Term of their lives and the longer liver oâ— them And after the decease of the aforesaid John and Agnes To the use of the aforesaid VVilliam Cary and the Heirs his body lawfully begotten And for default of such issue To the use of the aforesaid Robert Cary Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Act of transferring uses into possession holden made The aforesaid John and the said Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them the Remainder thereof after the death of them the said John and Agnes to the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever as the aforesaid William Bredon and John Bredon by his Conusance aforesaid above supposeth But the said Agnes further saith That the aforesaid Iohn Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said Iohn and Agnes and the longer liver of them in form aforesaid being seized the Remander thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry â—ary Knight Lord of Hunsdon and his Heirs expectant before the levying of the aforesaid second Fine in the Conusance of the said William Bredon and John Bredon above mentioned Another Fine was levied in the same Court of the said Lady the Queen that now is of the Bench here that is to say at Westminster aforesaid from the day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid Edmond Anderson Francis Windham and William Periam then Justices of the Lady the Queen of the Bench here and other of the Queens faithful people then and there present Between David Bulward and Robert Ham by the names of David Bulward and Robert Ham Plaintiffs And the aforesaid William Cary by the name of William Cary Esquire Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture
30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and of the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House by the name of the Mannor of Collumbine-hall otherwise Thorney Collumbers with the Appurtenances and 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court That is to say That the aforesaid William acknowledge the aforesaid Manor Tenements Rents and premises with the Appurtenances to be the Right of the said David as those which the said David and Robert had of the gift of the aforesaid VVilliam and those released and quit claimed from him and his Heirs to the said David and his Heirs for ever And besides the said VVilliam granted for him and his Heirs That they warrant to the said David and Robert and to the Heirs of the said Dazid the aforesaid Manor Tenements Rents with the Appurtenances against the aforesaid VVilliam and his Heirs for ever as by the Record of the same Fine in the Court of the said Lady the Queen of the Bench here remaing more fully appeareth Which Fine in form aforesaid levied and had was levied and had to the use of the aforesaid David and Robert and their Heirs to the intent and until a perfect Recovery by Writ of the Lady the Queen of Entry for Deseisin of the Post of the Manor and Tenements aforesaid with the Appurtenances were sued against the said David and Robert by one Robert Peirson Gentleman according to the course of Common Recoveries used to be had And the aforesaid Iohn Gardiner and Agnes his Wife of the Manor aforesaid with the Appurtenances whereof for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs in form aforesaid expectant The said Fine in the Conusance of the said William Bredon and John Bredon above second mentioned in form aforesaid was levied in the aforesaid Court of the Lady the Queen here from the day of Easter in 15. day in the yeer 32th abovesaid before the aforesaid then Justices of the said Lady the Queen of the Bench Between the aforesaid John Hâ—gham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid â—illiam Cary and the aforesaid Martha then his Wife Deforceant of the Manor aforesaid with the Appurtenance whereof c. And the aforesaid John Higham and Thomas by the same Fine granted unto the said Martha the aforesaid Annuitity or yeerly Rent of 40. p. to be issuing out of the Manor aforesaid with the Appurtenances and those to her in form aforesaid rendred To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound at the aforesaid Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid John and Agnes or any of them should so long live the first paymeÌ„t therof â—o begin at thaâ— Feast of the Feasts aforesaid which next after the decase of the said VVilliam Cary should happen to be with the aforesaid clause of distresse in the said Fine mentioned As the aforesaid William Bâ—edon and John Bredon by their Conusance aforesaid above suppose By virtue of the levying of which Fine last mentioned so had and levied The aforesaid John Gardiner and Agnes Forfeited their Estate aforesaid for the Term of their lives the life of the longer liver of them in the aforesaid Manor with the Appurtenances whereof c. And afterwards that is to say the aforesaid 24th day of March in in the 35th yeer abovesaid the aforesaid William Cary at Stow-market aforesaid dyed without issue of his Body lawfully begotten After whose death and before the Feast of Saint Michael the Archangel in the yeer of 35th abovesaid The aforesaid Robert Cary Knight by reason of the aforesaid Forfeiture of the Estates of the aforesaid John Gardiner and Agnes and and in the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in Feetail that is to say to him the Heirs of his Body lawfully begotten And so thereof being seized The said Robert afterwards and before the aforesaid time of the taking aforesaid made that is to say the 17th day of March in the yeer of the Reign of the Lady the Queen that now is the 37th abovesaid At Stowmarket aforesaid gave licence to the said Agnes to put her Cattel into the aforesaid place in which c. to eat the grasse in the same then growing By virtue of which licence the said Agnes after and before the aforesaid time in which c. put her Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same Which Cattel were in the aforesaid place in which c. Until the aforesaid VVilliam Bredon and John Bredon the day and yeer above in the Declaration aforesaid above specified At Stow market aforesaid in the aforesaid place in which called the â—arkwood took the aforesaid Cattel of the said Agnes and them unjustly detained against Gages Pledges until c. as she above against them complaineth And this she is ready to aver wherofore in as much as the said William Bredon and John Bredon the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said Agnes demands Judgement and her damages for the occasion of taking and unjustly deteining of her Cattel aforesaid to be adjudged unto her And the aforesaid VVilliam Bredon and John Bredon as to the aforesaid Plea of the Agnes to the Conusance of the said William and John for the aforesaid 20. pound Residue made in Bar pleaded say That well and true it is that the aforesaid Fine in the Bar of the aforesaid Agnes second specified in the aforesaid Court of the Lady the Queen of the Bench aforesaid here in the aforesaid 15. day of Paster in the yeer of the Reign of the Lady the Queen that now is the 3â—th abovesaid before the said Edmond Anderson Francis VVindham and VVilliam Periam then Justices of the said Lady the Queen of the Bench aforesaid here and other of the said Lady the Queens then Faithful People then here present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid VVilliam Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the said Fine in the Bar of the aforesaid Agnes second specified and mentioned in form aforesaid was
levied as the aforesaid above hath alleged But the said VVilliam Bredon and John Bredon further say That the aforesaid Fâ—ne in the Bar of the aforesaid Agnes second specified in form aforesaid levied was had and levied To the use of the said David Bulward and Robert Ham and their Heirs to the intent and until a Recovery by the Writ of the Lady the Queen of Entire Sur-disseisin in the Post of the Manor with the appurtenances whereof c. And of the Tenements and Rents aforesaid with the Appurtenances against the said David and Robert should be had and afterwards unto the use of Iohn Gardiner and the aforesaid Agnes for the Term of their lives and the longer liver of them And after their decease to the use and behooâ— of the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten By which Afterwards that is to say the â—th day of April in the yeer of the Reign of the said Lady the Queen that now is the 31th the aforesaid Roger Pierson in the Court of the Chancery of the said Lady the Queen that now is the said Court at VVestminster in the County of Middlesex then being brought and prosecuted a Writ of the said Lady the Queen that now is of Entry upon disseisin in the Post against the aforesaid David and Ro. Ham of the Manor Tenements and Rents aforesaid with the Appurtenances to the Sheriff of the aforesaid County of Suffolk directed the said David and Robert then being Tenants of the Freehold of the Manor Tenements and Rents aforesaid with the Appurtenances by virtue of the Fine in the Bar of the aforesaid Agnes second specified By which Writ the said Lady the Queen that now is sent to the said Sheriff That the said Sheriff command the aforesaid David and Robert Ham by the names of David Bulward and Robert Ham that they justly and without delay render to the aforesaid Roger Peirson by the name of Roger Pierson The Manor Tenements and Rents aforesaid with the Appurtenances by the names of the Manors of Cullumbine-hall otherwise Thorney Cullumbers with the Appurtenances and 20. Messuages one Dove-house 20. Gardens 300. Acres of â—and 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and one pound of Wax with the Appurtenances in Stow maket Newton Gipping and One-House which he claimeth to be his Right and Inheritance And in which the said David and Robert had not Entry but after disseisin which Hugh Hunt thereof unjustly and without Iudgement did to the aforesaid Roger within 30. yeers then last past as he said And whereupon he complained that the aforesaid David and Robert him unjustly deforced and if they did not c. And if the aforesaid Roger should secure the said Sheriff of the prosecuting of his claim Then the said Sheriff summon by good summoners the aforesaid David and Robert that they should be before the Justices of the said Lady the Queen here that is to say at VVestm from the day Easter in one Moneth next following to shew wherefore they had not done it And that the said Sheriff should then have here the summons and that Writ c At which Moneth of Easter here that is to say at VVestminster aforesaid cometh as well the said Roger as the said David and Robert in their proper persons And then the Sheriff of the aforesaid County of Suffolk that is to say Philip Tâ—lney â—squire then retorned here the Writ aforesaid in him in form directed served and executed in form following That is to say That the aforesaid Roger had found to the said Sheriff sureties for the prosecuting of his said Writ that is to say Iohn Doo and Richard Roo c. And that the aforesaid David and Robert were summoned to be then here by Iohn Den and Rich. Fen c. Upon which the aforesaid Roger declaring against the aforesaid David and Robert then Tenants of the Freehold of the Manor Tenements and Rents aforesaid with the Appurtenances in form aforesaid upon his Writ aforesaid in his proper person aforesaid demanded against the said David and Robert of the Manor Tenements and Rents aforesaid with the Appurtenances as his Right and Inheritance And in which the said David and Robert had not Entry but after disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Roger within 30. yeers now last past c. And whereupon he said That he himself was seized of the Manor Tenements and Rents aforesaid with the Appurtenances in his demesn as of Fee in time of Peace in the time of the Lady the Queen that now is taking thereof the Profits to the value c. And in which c. And thereof then brought Sute c. And the aforesaid David and Robert Ham then defended their Right when c. And vouched thereof to warranty the said VVilliam Cary by the name of VVilliam Cary Esquire who then likewise was present in the same Court in his proper person And willingly the Manor Tenements and Rents aforesaid with the Appurtenances to him did warrant c. And upon this the aforesaid Roger demanded against him the said VVilliam Cary Tenant by his warranty The Manor Tenements and Rents aforesaid with the Appurtenances in form aforesaid c. And whereupon he then said That he himself was seized of the Manor Tenements and Rents aforesaid with the Appurtenances in his demesn as of Fee in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid VVilliam Cary Tenant by his warranty aforesaid came and defended his Right when c. And further thereof vouched to warranty David Howel who then likewise was present in the same Court in his proper person and freely the Manor Tenements and Rents aforesaid with the appurtenances to him did warrant c. And upon this The aforesaid Roger demanded against the said David Howell Tenant by his warranty the Manor Tenements and Rents aforesaid with the appurtenances in form aforesaid c. And whereupon then he said That he himself was seised of the Manor Tenements and Rents aforesaid with the appurtenances in his demesn as of Fee and right in time of peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof his brought sute c. And the aforesaid David Howell Tenant by his warranty defended his Right when c. And then said That the aforesaid Hugh had not disseised the aforesaid Roger of the Manor Tenements and Rents aforesaid with the appurtenance as the said Roger by his Writ and Declaration above supposed and of this put himself upon the Country c. And the aforesaid Roger then prayeth license thereof to imparl and had it c. And afterwards the aforesaid Roger comes again here into
Court the very same Term in his proper person And the aforesaid David Howell although he be then sollemnly called doth not come back but in despight of the Court departeth and maketh default wherefore then it was granted in the said Court here That the said Roger should recover his seisin against the aforesaid David Bulward and Robert Ham of the Manor Tenements and Rents aforesaid with the appurtenances and that the said David Bulward Robert Ham should have of the Lands of the aforesaid William Cary to the value c. And that the said David Howell should be thereof in mercy c. Upon which the aforesaid Roger then in the same Court demanded the Writ of the Lady the Queen to have to him full seisia and possession of the Manor Tenements and Rents aforesaid to the Sheriff of the County aforesaid to be directed and to him it was granted retorunable here in the morrow of the Holy Trinity then next following At which day here cometh the aforesaid Roger in his proper person and the then Sheriff of the County of Suffolk The aforesaid Philip Tilney Esquire then sent here That he by virtue of the Writ aforesaid to him directed the 16th day of May then last past gave to the aforesaid Roger seisin of the Manor Tenements and Rents aforesaid with the appurtenances as by the said Writ to him it was Commanded c. Which Fine in the Barr of the aforesaid Agnes above specified in form aforesaid levyed and the Recovery aforesaid in form aforesaid had were levyed and had To the use of the aforesaid Iohn Gardiner and Agnes for the Term of their lives and the longer liver of them and after the decease of them the said Iohn Gardiner and Agnes to the use of the said William Cary and the Heirs of his body lawfully begotten By virtue of which Fine and Recovery in form aforesaid had and by force of the aforesaid Act of transferring of uses in possession The aforesaid Iohn Gardiner and Agnes were seised of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the term of the lives of the said Iohn and Agnes and the longer liver of them the remainder thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his body lawfully begotten expectant and the said Iohn Gardiner and Agnes so thereof being seised the Remainder thereof to the aforesaid William Cary in form aforesaid expectant The aforesaid Fine in the Conusans of the said William Bredon and Iohn Bredon above specified in form aforesaid was levyed in the aforesaid Court of the said Lady the Queen here from the aforesaid day of Easter in 15. dayes in the 32th year aforesaid before the aforesaid then Justices of the Lady the Queen of the Bench aforesaid here Between the aforesaid Io. Higham and Thomas Turner Plaintiffs and the aforesaid VVilliam Cary and Martha and the aforesaid Iohn Gardiner and Agnes deforceants of the Manor aforesaid with the appurtenances whereof c. And the aforesaid Iohn Higham and Thomas by the same Fine granted to the said Martha the aforesaid annuity or yeerly Rent of 40. pound to be issuing of him the aforesaid Manor with the Appurtenances whereof c. And the same to her in the said Court here in form aforesaid Rendred To have and to hold the same Annuity or yeerly Rent of 40. pound to the aforesaid Martha at the aforesaid Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by even portions yeerly to be paid all the life time of the said Martha if the aforesaid John Cardiner and Agnes the first payment thereof to Martha if the aforesaid J. Gardiner Agnes or either of them should so long live the first paymēt therof to begin at the Feast of the Feasts aforesaid next after the decease of the aforesaid VVil. Cary should first happen to be with the aforesaid clause of distress in the Fine mētioned And the aforesaid VVil. Cary afterwards that is to say the 24th day of March in the yeer 35th aforesaid at Stow-market aforesaid dyed After whose death by virtue of the Fine aforesaid The aforesaid Martha was and as yet is seized of the aforesaid Annuity or yeerly Rent of 40 p. in her demesn as of Freehold for Term of her life if the aforesaid Iohn Gardiner and Agnes or either of them shall so long live And this they are ready to aver Wherefore they demand Judgement and Retorn of their Cattel aforesaid together with their damages to be to them adjudged c. And the aforesaid Agnes as at first saith That the aforesaid Iohn Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee and he the said Iohn so thereof being seized the Fine aforesaid in the Conusance of the aforesaid William Bredon and Iohn Bredon first above mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th abovesaid before the aforesaid then Justices and others the said Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs and the aforesaid William Cary Esquire Iohn Gardiner and her the said Agnes now Plaintiff then the Wife of the aforesaid Iohn Gardiner and the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenancs whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the aforesaid Fine in the Conusance aforesaid first mentioned And that the said Fine in form aforesaid levied was had and levied To the use of the aforesaid Iohn Gardiner anc her the said Agnes for the Term of their lives and the longer liver of them and after the decease of the aforesaid Iohn and Agnes To the use of the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten and for default of such issue to the use of Robert Cary Knight and the Heirs of his Body lawfully begotten and for default of such issue to the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Statute of transferring uses into possession holden and made The aforesaid Iohn and Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said Iohn and Agnes and the longer liver of them the Remainder thereof after the death of them the said Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid
should be fully satisfied and paid as by the said Writing amongst other things more fully appeareth By virtue of which Gift and Grant the said Ann was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And so thereof being seized The said Ann afterwards and before the time in which c. at Suâ—ton Atthone aforesaid took to Husband the aforesaid Dionisius And afterwards and before the time in which it is supposed the taking aforesaid of the Cattel aforesaid to be done that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th the aforesaid Dionisius at Sutton Atthone aforesaid dyed and the aforesaid Ann him over lived and was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by one whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th and within the space of 40. dayes then next following were not paid to the said Ann but were behind The said George Mason and Francis as Bayliffs of the said Ann do well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver Whereupon They demand Judgement and Retorn of the Cattel aforesaid together with their damages costs and charges by them about their Sute in this behalf put unto to be adjudged unto them c. And the aforesaid John Kettel saith That the aforesaid George Mason and Francis Easterly by any thing before alleged the taking of the Cattel aforesaid in the aforesaid place in which to be just ought not to acknowledge For he saith that long before the aforesaid time of taking of the aforesaid Cattel done and long before the grant of the aforesaid Annuity or yeerly Rent aforesaid of 40 pound And long before the said Dionisius Mayow had any thing of and in the aforesaid 8. Acres of Pasture with their Appurtenanes One Thomas Mayow was thereof seized in his demesn as of Fee And so being thereof seized The said Tho-Mayow before the time of the taking of the Cattel aforesaid long before the Grant of the aforesaid Annuity that is to say the 15. day of January in the yeer of the Reign of the Lady the Queen the 19th at Sutton Atthone aforesaid of the said 8. Acres of Pasture with the Appurtenances in which c. Enfeossed one Thomas Scot of Sutton Atthone aforesaid Gentleman and John Fremling of Dartford in the said County Baker amongst other things By the name of all those his Two Manors of Sawters and Sawley with the Barns Stables Dove-houses and all other the Houses and Buildings to the said Manors belonging Orchards Gardens with the Appurtenances situate lying and being in Sutton Atthone aforesaid then in the Tenure or Occupation of the said Thomas Mayow and also by the name of all other his Houses and Buildings Lands and Tenements Meadow Pasture Woods and Underwoods Rents and Reversions situate lying and being within the Towns Parishes and Fields of Sutton Atthone aforesaid Wilmington and Dartford or elsewhere in the aforesaid County of Kent as also the Reversion and Remainder of all and singular the premises Rents and yeerly profits reserved upon whatsoever Demises or Grants of the premises or any parcel thereof before then made To have and to hold the aforesaid Manors and other the premises with the Appurtenances whereof c. To the aforesaid Thomas Scot and John Fremling their Heirs and Assignes for ever to the only use and behoof of the aforesaid Dionise Mayow Son and Heir Apparent of the said Thomas Mayow his Heirs and Assignes for ever of the chief Lords of the Fee by the services thereof first due and of right accustomed upon the Conditions following That is to say That the aforesaid Dionise Mayow or his Heirs should pay or cause to paid to Petronill Martin of Mylton in the aforesaid County of Kent Widow the yeerly Rent of 10. pound for the Term of the life of her the said Petronill Which yeerly Rent of 10. pound the aforesaid Thomas Mayow to the aforesaid Petronill before had granted for and in consideration of a Mariage to be had and solemnized between the aforesaid Thomas Mayow and the aforesaid Petronill after the death of the aforesaid Thomas Mayow And upon Condition That if the aforesaid Thomas Mayow at any time during the natural life of the said Thomas should pay or cause to be paid to the aforesaid Thomas Scot and John Fremling or to either of them or to the Heirs of the longer liver of them 10. shillings of good and lawful Mony of England that then the Feoffment aforesaid should be void and of no force in Law And that then it should be lawful to the aforesaid Tho. Mayow into the aforesaid Two Manors and all the premises with the Appurtenances whereof c. to re-enter and the same to have again in his former Estate and Condition any Act Thing Cause or Matter whatsoever to the contrary thereof notwithstanding By virtue of which Feoâ—fment and by force of a certain Act 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 yeer of his Reign the 27th of transferring uses into possession The said Dionise Mayow was seized of the aforesad 8. Acres of Pasture with the Appurtenances in which in his demesn as of Fee upon the Conditions aforesaid And so thereof being seized The said Dionise before the aforesaid time of taking the Cattel aforesaid that is to say the 30th day of May in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid at Sutton Atthone aforesaid by his Writing â—ealâ—d with his Seal bearing date the same day and yeer Gave and Granted to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex the Annuity or yeerly Rent aforesaid of 20. pound to be issuing out of the aforesaid place in which c. amongst other in manner and form as the aforesaid George Mason and Francis Easterley above in their Conusance abovesaid have allâ—ged And the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the said Dionise and afterwards and before the time of the taking of the Cattel aforesaid that is to say the 30th day of January in the yeer of the Reign of the said Lady the Queen that now is the 24th The aforesaid Thomas Mayow at Sutton Atthone aforesaid payed to the aforesaid Thomas Scot and John
â—remling 10. shillings of good and lawful Mony of England in the Condition of the Feoffment aforesaid above mentioned in full satisfaction and performance of the Condition aforesaid By which The said Thomas Mayow afterwards and before the aforesaid time of the taking of the Cattel aforesaid into the aforesaid 8. Acres of Pasture with the Appurtenances in which c. amongst other entred and was thereof seized that is to say in his demesn as of Fee and so thereof being seized The said Thomas Mayow before the time in which c. that is to say the 3d. day May in the yeer of the Reign of the said Lady the Queen that now is the 24th abovesaid at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the said Lady the Queen now here brought bearing date the same day and yeer enfeoffed one Thomas Waller amongst other of the aforesaid 8. Acres of Pasture with the Appurtenances in which c. by the name of Abrahams Land containing by Estimation 9. Acres more or less lying in Sutton Atthone aforesaid To have and to hold the same Close called Abrahams Land with the Appurtenances amongst other to the aforesaid Thomas Waller his Heirs and Assignes To the only proper use and behoof of the said Thomas Waller his Heirs and Assignes for ever as by the said Writing amongst other things more fully appeareth By virtue of which â— coffment the said Thomas Waller of the aforesaid Close with the Appurtenances in which c. was seized in his demesn as of Fee and so thereof being seized The aforesaid Dionise Mayow afterwards and before the aforesaid time of the taking of the Cattel aforesaid that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is 29th at Sutton Atthone aforesaid dyed as the aforesaid George Mason and Francis Easterley above in pleading have alleged After whose death and before the aforesaid time of the taking of the Cattel aforesaid that is to say the 29th day of September in the yeer of the Reign of the said Lady the Queen that now is the 32th The a-a-aforesaid Thomas Waller at Sutton Atthone aforesaid demised and to farm set to the aforesaid John Kettel the aforesaid Close with the Appurtenances in which c. amongst other To have and to hold to the aforesaid John Kettell and his Assignes from the aforesaid 29th day of September in the 32th yeer abovesaid unto the end and Term of one whole yeer then next following and fully compleat and ended By virtue of which demise the aforesaid John Kettell afterwards and before the aforesaid time in which c. that is to say the 30th day of September in the 32th yeer aforesaid in the Close aforesaid in which c. entred and was thereof possessed And so thereof being possessed The same John Kettell afterwards and before the aforesaid time in which c. that is to say the 17th day of June in the yeer of the Reign of the said Lady the Queen that now is the 33th put his Cattel aforesaid into the aforesaid Close to eat the grass there as it was lawful for him to do which Cattel were in the aforesaid Close c. there the grass there late growing eating until the aforesaid George Mason and Francis Easterley the aforesaid Cattel the aforesaid time in which c. unjustly took and deteined in manner and form as the aforesaid John Kettell above against them complaineth And this he is ready to aver Wherefore in as much as the said George and Francis the taking of the Cattel aforesaid above acknowledgeth The said John Kettel demands Judgement and his damages aforesaid for the occasion of the taking and unjust deteining of the said Cattel to be adjudged to him c. And the aforesaid George Mason and Fracis Easterlâ—y say that well and true it is that before the aforesaid time of the taking of the Cattel aforesaid above supposed to be done and before the grant of the aforesaid Annuity of 20. pound and before the said Dionise had any thing in the aforesaid 8. Acres of Pasture with the Appurtenances in which c. The aforesaid Thomas Mayow in the Bar aforesaid to the Conusance aforesaid named was seized of the aforesaid 8. Acres of Pasture with the Appurtenances in his demesn as of Fee And so thereof being seized That the said Thomas the aforesaid 15. day of January in the 19th yeer aforesaid of the said 8. Acres of Pasture with the Appurtenances enfeoffed the aforesaid Thomas Scot and John Fremling in the Bar named To have to them and their Assignes for ever To the use of the said Dionise his Heirs and Assignes for ever upon the Conditions aforesaid in the Bar above in this part specified And that by virtue of the same Feoffment and by force of the aforesaid Statute the said Dionise was seised of the aforesaid 8. Acres of Pasture with the Appurtenances in which c. amongst other in his demesn as of Fee in manner and form as the aforesaid John Kettel in the Bar aforesaid to the Conusance aforesaid above in pleading alleged And the said George and Francis now Defendants further say That the aforesaid Dionise before the aforesaid time of the taking of the Cattel aforesaid above supposed to be done that is to say the aforesaid 30th day of May in the 9th yeer aforesaid by his Writing aforesaid gave and granted to the aforesaid Ann the aforesaid Annuity or yeerly Rent of 20. pound to be issuing out of the aforesaid place in which c. Amongst other in manner and form as the aforesaid John Kettell in his Bar aforesaid to the Conusance aforesaid above in pleading hath alleged To have and to hold the Annuity or yeerly Rent aforesaid of 20. pound to the aforesaid Ann and her Assignes for the Term of the natural life of the said Ann at the Feasts aforesaid above in this behalf specified by equal portions yeerly to be perceived with the aforesaid clause of distresse in that Writing contained in the Conusance above in this behalf specified And the said George and Francis Fasterly also in Facto say That the aforesaid Thomas Mayow the aforesaid Grant of the Rent aforesaid and the Estate of the said Ann in the said Rent then and there that is to say the aforesaid 30th day of May in the 19th yeer abovesaid at Sutton Atthone aforesaid by the name of Thomas Mayow of Sutton Atthone in the County of Kent Gentleman by his Writing sealed with the Seal of him the said Thomas and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex ratified and confirmed as by the said Writing amongst other things more fully appeareth By colour of which the said Ann was of the Annuity or yeerly Rent aforesaid seized
defendeth the force and injury when c. And doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the said place in which it is supposed the taking of the Cattel aforesaid to be done contained in it self One Acre and half of Land with the Appurtenances in Ipping aforesaid And that long before the aforesaid time in which c. One John Bettisworth was seized of and in One Messuage and a Garden 12. Acres of Land and one Acre of Wood with the Appurtenances in Ipping aforesaid whereoâ— the aforesaid place in which c. is and the aforesaid time in which c. from the time whereof the Memory of Men is not to the contrary was parcel in his demesn as of Fee And so thereof being seized the said John long before the aforesaid time in which c. that is to say the 20th day of March in the yeer of the Reign of the Lady the Queen that now is the 11th at Ipping aforesaid by his Indenture made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward by the name of John Hayward of the same Parish and County Husbandman of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the sâ—id Tenements with the Appurtenances to the said John Hayward and his Assignes from the Feast of the Annuntiation of the blessed Mary the Virgin then next following until the end and Term of 21. years from thence next following and fully to be compleat and ended Yielding and paying therefore yeerly during the sayd Term to the aforesaid Iohn Bettisworth and his Assignes 12. pence at the Feast of Saint Michael the Archangel or within 10. dayes next after the said Feast By virtue of which Demise the said John Hayward in the Tenements aforesaid with the Appurtenances entred and was thereof possessed the Reversion thereof to the said John Bettisworth and his Heirs expectant And the said John Hayward so of the Tenements aforesaid with the Apputtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seized in his demesn as of Fee The said Iohn Bettisworth before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th At Ipping aforesaid dyed of such his Estate of the Reversion and Rent aforesaid with the Appurtenances whereof c. seized without issue of his Body begotten After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. descended to the said Thomas Bettisworth as Brother and Heir of the said John Bettisworth By which the said Thmas was seized of the aforesaid Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid in his Demesn as of Fee And because 12. pence of the Rent aforesaid for one whole yeer after the death of the aforesaid John Bettisworth ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 19th to the said Thomas the aforesaid time in which c. was behind and not paid the said Thomas doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with their Appurtenances to the aforesaid John Hayward in form aforesaid demised and justly c. for the said 12. pence of the Rent aforesaid to him the said Thomas so being behinde c. And the aforesaid John Hayward saith That the aforesaid Thomas for the reason before alleged ought not avow the taking of the cattel aforesaid in the place aforesaid in which c. to be just because he saith That well and true it is That the aforesaid John Bettisworth was seized of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee And so thereof being seized demised to the said John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold to the said John Hayward for the aforesaid Term of the aforesaid 21. yeers as the aforesaid Thomas above alleged But the said John Hayward saith That the aforesaid John Bettisworth of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee in form aforesaid being seized before the aforâ—said time in which c. into the Tenements aforesaid with the Appurtenances whereof c. upon the possession of him the said John Hayward thereof entred and him the said John from his possession did expel and amove And immediatly after of the said Tenements with the Appurtenances whereof c. enfeoffed one William Bettisworth To have and to hold the said Tenements with the Appurtenances whereof c. to the said William and his Hers and Assignes for ever By virtue of which Peoffment the aforesaid William was seized of the same Tenements with the Appurtenances whereof c. in his demesn as of Fee upon the which possession of the said William Bettisworth thereof the said John Hayward afterwards and before the aforesaid time in which c. claiming his Term aforesaid of and in the Tenements aforesaid with the Appurtenances whereof c. into the said Tenements with the Appurtenances whereof c re-entred and was thereof possessed and so thereof being possessed The said John Hayward before the aforesaid time in which c. put the Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same then growing Which Cattel were in the said place in which c. eating the grasse in the same then growing until the aforesaid Thomas the Day and Yeer in the Declaration aforesaid above specified At Ipping aforesaid in the aforesaid place called Raynolds took the Cattel of him the said John Hayward and them unjustly deteined against Gages and Pledges until c. as he above against him complaineth Without that that the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as the aforesaid Thomas above hath alleged And this he is ready to aver wherefore in as much as the aforesaid Thomas the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John Hayward demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the said Cattel to be adjudged unto him c. And the aforesaid Thomas as at first saith That the aforesaid J. Bettisworth dyed of the Reversion of the TenemeÌ„ts aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as he above alleged and of this puts himself upon
the Country and the said Iohn Hayward likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Easter in 5. weeks 12. c. by whom c. And who neither c. To Recognize c. Because as wel c. At which day here came the Parties c. And the Sheriff sent not the Writ Therefore as before It is cmmanded to the Sheriff that he cause to come here 12. c. in the Morrow of the Holy Trinity To recognize c. At which day here cometh the parties And the Sheriff sent not the Writ Therefore it is commanded the Sheriff as at first That he cause to be here the morrow of Saint Martin 12. c. to Recognize in the form aforesaid At which dayes come the Parties and the Sheriff sent not the Writ Therefore as at first it is commanded the Sheriff that he cause to come here 12. c. 8. dayes of St. Hillary c. To Recognise c. in the form aforesaid c. At which day the Parties come c. and the Sheriff sent not the Writ c. Therefore as at first it is commanâ—ed to the Sheriff that he cause to come here from Faster day 15. dayes 12. c. to Recognize in form aforesaid c. at which day here come the Parties c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded the Sheriff that he cause to come here in the morrow of the holy Trinity 12. c. to Recognize in form aforesaid c. At wch day the parties come here c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded to the Sheriff that he cause to come here in the morrow of Saint Martin 12. c. to Recognize in form aforesaid c. At which day the Parties come here c. and the Sheriff sent not the Writ Therefore it is commanded the Sheriff that he cause to come in 8. days of Saint Hillary 12. c. to Recognize in form aforesaid At which day the Parties come and the Sheriff sent not the Writ And so several Venire Facias were award to the Sheriff from Term to Term to return Jurors at a day every of the said Term as at first and the parties come at the said dayes and the Sheriff sent not the Writ as in the Rolls upon Record appeareth And Process was continued between the Parties aforesaid of the Plea aforesaid by Jurors put in respite untill this day that is to say in days of St. Michael in the year of the Reign of the Lady the Queen that now is the 31. Unless the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. upon Wednesday the 27th of Iune at East Greinstead in the County aforesaid first should come And now at this day as wel the aforesaid John Heyward as the aforesaid Thomas Bettisworth come by their Attorneys aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record in these words Afterwards the day and place within contained before Robert Clarke one of the Barons of the Lady the Queen of her Exchequer and Iohn Puckering one of the Serjeants at Law of the Queen Justices of the said Lady the Queen to take Assizes in the County of Sussex Assigned by the form of the Statute c. come as well the within named Iohn Hayward by William Siday his Attorney as the within written Thomas Bettisworth by John Lyons his Attorney And the Jurors of the Jury whereof within mention is made being called some of them that is to say Edward Pickham William Ayles Thomas â—etley William â—revet Edmond Gray Iohn Lock Iohn Capron and John Andrew appeared and was sworn Jurors in the said Jury And because the rest of that Jury did not appear others of the standers by chosen by the Sheriff at the request of the aforesaid Thomas Bettisworth And by the command of the Justices aforesaid were new put to them whose nâ—mes to the Pannel within written are filled according to the form of the Statute in such case of late made and provided The names of which Jurors so put to that is to say John Pitte Thomas Bayley William Leefe and Thomas Aglewyn come and to say the truth of the matter within contained together with the Juros first impannelled and sworn chosen tryed and sworn say upon their Oath That one John Bettisworth was seized in his Demesn as of Fee of and in the within written Messuage and Garden witht the Appurtenances in Iping within written whereof the within written place in which c. and at the within written time in which as also time whereof the memory of man is not to the contrary was parcel And further the Jurors say upon their Oaths aforesaid that the aforesaid place in which c. doth contain and the aforesaid time in which c. did contain in it â—elf one Acre and half an Acre of Land and called by the name of Rainolds and is and the aforesaid time in which c. as also time whereof the memory of men is not to the contrary was a several Close by it self separately inclosed and further the Iurors say upon their Oath That the aforesaid John Bettisworth so thereof as before is said being seized Afterwards that is to say the 20th day of March in the year of the Reign of the Lady the Queen that now is the 11th at Iping afoâ—esaid By his Indenture within written made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the said Tenements with the Appurtenances whereof c. to the aforesaid John Hayward and his Assigns from the Feast of the blessed Mary the Virgin then next following unto the end and term of 21. years then next following fully to be compleat and ended Yielding and paying therefore yearly to the aforesaid John Bettisworth and his Assigns 12. d. At the Feast of St. Michâ—el the Archangel or within 10. days next after the said Feast By vertue of which Demise the said John Hayward into the Tenents aforesaid with the Apurtenances whereof c. entred and was thereof possessed the reversiâ—n thereof to the aforesaid John Bittesworth and his Heirs expectant And he the said John Heyward of the Tenements aforesaid with the Appurtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seisâ—d in Demesn as of Fee The said Iohn Bettisworth into the aforesaid Close in which c. called Rainolds in the possâ—ssion of the said Iohn Heyward entred and there immediatly after sealed and delivered as his Deed a certain Deed containing a Feoffment
his Writ aforesaid but be in mercy for his false clamour c. And the aforesaid Thomas go thereof without day c. And that he have retorn of the Cattel aforesaid to be kept by him irreplegible for ever And how c. The Sheriff make it here appear in 8. dayes of Saint Michael c. It is also granted That the aforesaid Thomas recover against the said Iohn his damages aforesaid by the Jurors in form aforesaid assessed as also 11. pound and 9. shillings and 6. pence to the said Thomas at his request for his costs and charges aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 12. pound REPLEVIN Michaelmass Term Anno 27. and 28. Eliz. Rot 1739. in the COMMON PLEAS Co. 4. part Cornwal Bevils Case fol. 6. a. NIcholas Francis was Attached by the Writ of the Lady the Queen of Second Deliverance to answer to Walter Parker of a Plea wherefore he took the Cattel of him the said Walter and them unjustly detained against Gages and Pleges c. And whereupon the said Walter by Francis Eyrman by his Attorny complaineth That the aforesaid Nicholas the 30th day of October in the yeer of the Reign of the Lady the Lady the Queen that now is the 15th at Tallan in a certain place called Newton took the Cattel that is to say Two Oxen of him the said Walter and them unjustly deteined against Gages and Pledges until c. whereupon he saith that he is the worse and hath damage to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Nicholas by William Leigh his Attorny cometh and defendeth the force and injury when c. And as Bayliff of John Bevill Esquire doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the same place called Newton in which it is supposed the taking of the Cattel aforesaid to be done doth contain and the time of the taking of the Cattel aforesaid supposed to be done did contain in it self 20. Acres of Land with the Appurtenances in Tallon aforesaid and that long before the aforesaid time in which c. One Robert Smith the Elder Esquire was seized of the said 20. Acres of Land with the Appurtenances in his demesn as of Fee and held the said 20. Acres of Land with the Appurtenances of the aforesaid John Bevill as of his Manor of Kalâ—gath in the County aforesaid by Knights Service that is to say by Homage Fealty and Escuage to the Lady the Queen when it should happen â—2 shillings And when more more and when lesse lesse and also by the Service of doing Sute at the Court of him the said John at his Manor aforesaid twice by the yeer that is to say once within a Moneth next after the Feast of Saint Michael the Archangel and again within a Moneth next after the Feast of Easter every yeer at that Manor holden of which Services the aforesaid John Bevill was seized by the Hands of the aforesaid Robert Smith the Elder as by the Hands of his very Tenant that is to say of the Homage Fealty Escuage and Sute of Court as of his Fee and Right And that afterwards the aforesaid Robert Smith the Elder dyed of the aforesaid 20. Acres of Land with the Appurtenances seized After whose death the aforesaid 20. Acres of Land with their Appurtenances discended to one Robert Smith Son and Heir of the aforesaid Robert Smith By which the said Robert Smith the Son before the time in which c. in the aforesaid 20. Acres of Land with the Appurtenances entred and was thereof seized in his demesn as of Fee And because the Homage of the aforesaid Robert the Son the aforesaid time in which c. to the aforesaid John Bevill behinde not done the said Nicholas as Bayliff of the said John Bevill doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for that Homage so undone in the Lands of the said John in form aforesaid holden c. And upon the aforesaid Robert the Son as upon the very Tenant of the aforesaid John Bevill and within his Fee and Lordship And the aforesaid Walter saith That long before the said time of the taking of the Cattel aforesaid done The sâ—id Robert Smith was seized of the aforesaid 20. Acres of Land with the Appurtenances in Tallon aforesaid called Newton in his demesn as of Fee And so thereof being seized before the time of the taking aforesaid done thâ—t is to say the 24th day of January in the yeer of the Reign of the said â—â—dy the Queen that now is the 13th at Tallon aforesaid Leased the afore 〈◊〉 20 Acres of Land with the Appurtenances to him the said Walter To have to the said Walter his Assigns from the aforesaid 24th day of January in the yeer afores unto the end of the Term of 5. yeers then next following to be compleat and ended By virtue of which Lease the said Walter into the aforesaid 20. Acres of Land with the Appurtenances entred and was and yet is thereof possessed the Reversion thereof after the Term aforesaid ended to the aforesaid Robert Smith the Son and his Heirs expectant Without which Robert the Son the said Walter cannot answer to the avowry aforesaid of the said Nicholas nor the Plea thereof bring into Judgement And prayes aid of the aforesaid Robert Smith the Son who is present herein Court in his proper person and willingly joynes himself in aid against the aforesaid Nicholas in the Plea aforesaid c. And upon this as well the said Walter as the aforesaid Robert Smith the Son who c. say that the aforesaid Nicholas for the reason before alleged ought not avow the taking of the Cattel aforesaid to have been just For by Protestation that the aforesaid Robert Smith the Son did not hold the aforesaid 20. Acres of Land with the Appurtenances called Newton in Tallon aforesaid of the aforesaid J. Bevill as of his Manor of Keligath by Knights Service that is to say by Homage Fealty and Escuage to the Lady the Queen when it should happen 42. shillings and to more more and less less c. As also by the Service of doing Sute at the Court of the said John Bevill of his Manor aforesaid twice by the yeer that is to say once within one Moneth after the Feast of St. Michael the Archangel and again within one Moneth after the Feast of Easter every yeer at that Manor to be holden as the aforesaid Nich. above hath alleged For Plea he saith That the aforesaid John Bevil never was seized of the aforesaid Services as the said Nicholas above hath alleged And this they are ready to aver Wherefore in as much as the said Nicholas above acknowledgeth the taking of the Cattel aforesaid in the aforesaid place
in which c. the said Walter and the aforesaid Robert who c. demand Judgement and their damages by the occasion of the taking and unjust deteining of the Cattel aforesaid to the said VValter to be adjudged And the aforesaid Nicholas as at first saith That the aforesaid John Bevill was seized of the aforesaid Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as he above alleged And of this puts himself upon the Country and the aforesaid Walter and the aforesaid Robert Smith the Son who c. likewise Therefore it is commanded to the Sheriff that he cause to be here from the day Saint Martin 15. dayes 12. c. by whom c. and who neither c. to Recognize c. Because as well c. Processe against the Jurors to try the issue aforesaid is conteined until 15. of Easter in the 19th yeer of Queen Elizabeth unless the Justices to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Upon Monday in the 5th Week of Lent the said 19th yeer first come At which Assizes the Verdict was given as followeth The Jurors say upon their Oath That the within named John Smith the Father held the Tenements aforesaid with the Appurtenances called Newton of the within named John Bevill as of the within written Manor of Keligath by Knights Service within written And that the said John Bevill was seized of the Fealty and Sute of Court only parcel of the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant But whether the aforesaid seisin of Feâ—lty and Sute of Court aforesaid be a good and sufficient sâ—isin of the whole Services within written or not the Jurors are altogether ignorant And pray thereof the advice and diâ—cretion of the Justices aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the same Justices That the aforesaid seisin of Fealty and Sute of Court be not a good and sufficient seisin of the whole Services aforesaid Then the Jurors say upon their Oath That the aforesaid John Bevill was not seized of the within written Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as the said Walter within alleged And then they assess the damages of him the said Walter by occasion of the taking and unjust detaining of the Cattel aforesaid besides his costs and charge by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And if upon the whole matter aforesaid it shall seem to the Justices That the said seisin of Fealty and Sute of Court aforesaid be a good and sufficient seisin of the whole Services within written Then the said Jurors say upon their Oath aforesaid That the said John Bevill was seized oâ— the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant as the aforesaid Nicholas within alleged And then they assess the damages of the said Nicholas by occasion of the premises besides his costs and charges by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And because the Justices here will avise themselves of upon the premises before they give their Judgement thereof day is given to the parties here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. And so the Plea aforesaid was continued until the Morrow of the Holy Trinity in the 25th yeer of Queen Elizabeth which day Judgement was given as followeth At which day here cometh as well the aforesaid Walter Parker by his Attorny aforesaid as the aforesaid Nicholas Francis by William Aylesbury his Attorny And upon this The premises being seen and by the Justices here fully understood It seemeth to the Justices here That the aforesaid seisin of Fealty and Sute of Court aforesaid is a good and sufficient seisin of the whole Services aforesaid Therefore it is granted That the aforesaid William Parker take nothing by his Writ aforesaid but be in mercy for his false clamour And the aforesaid Nicholas Francis thereof go without day and that he have Retorn of his Cattel aforesaid to be kept by him irreplegible for ever c. It is also granted That the aforesaid Nicholas Francis recover against the aforesaid Walter Parker his damages aforesaid to 41. shillings by the Jurors in form aforesaid assessed as also 13. pound to the said Nicholas at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages in the whole do amount to 15. pound 1. shilling c. REPLEVIN Trinity Term Anno 7 mo JACOBI Rot. 3661. in Salop. the COMMON-PLEAS Co. 8. part John Talbotts Case IOhn Pendleton was attached by the Writ of the Lady the Queen of second deliverance to answer to John Chapman of a Plea wherefore he took the Cattel of him the said John Chapman and them unjustly deteined against Gages and Pledges c. And whereupon The said John Chapman by Thomas Salter his Attorney complaineth That the aforesaid John Pendleton the second day of September in the yeer of the Lord the King that now is of England c. the 6th at Albrighton in a certain place called Bromly took his Cattel that is to say two Bullocks of the said John Chapman and them unjustly deteined against Gages and Pledges untill c. whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth sute c. And the aforesaid Iohn Pendleton by Nicholas Gibbens his Attorny cometh and defendeth the force and injury when c. and as Bayliff of Jo. Talbot Esquire doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because he saith That the place in which it is supposed the taking aforesaid to be done doth contein and at the time of the taking thereof above supposed to be done did contein in it self 3. Acres of Pasture lying in the aforesaid field called Bromley in Albrighton aforesaid and that long before the taking of the Cattel aforesaid supposed to be done One John Chapman Father of the now Plaintiff was seised of the aforesaid 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and the said 3. Acres of Pasture with the appurtenances in which c. held of the aforesaid John as of his Manor of Albrighton in the County aforesaid by Fealty and the Service of doing sute at the Court of the said John Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor to be holden As also by the service of rendring after
the death of every Tenant of the said 3. Acres of Pasture with the appurtenances in which c. dying thereof seised the best Beast which should be of such Tenant at the time of his death in the name of a Heriot of which services the aforesaid John Talbot was seised by the hands of the aforesaid John Chapman the Father as by the hands of his very Tenant that is to say of the Fealty and sute of Court aforesaid as of Fee and right and of the Heriot aforesaid in his demesn as of Fee And the said John Chapman the Father of the three Acres of Pasture with the appurtenances in which c. in his demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. At Albrighton aforesaid of such his Estate dyed thereof so seised And the said John Pendleton further saith That the aforesaid John Chapman the â—â—ther at the time of his death at Albrighton aforesaid was possessâ—d oâ— an Ox of the price of 100 shillings as his proper Ox which Ox was the best Beast of the aforesaid Iohn Capman the Father at the time of his death whereupon sell the Heriot thereof to the aforesaid Iohn and because the Heriot aforesaid after the death of the aforesaid Iohn Chapman the Father thâ— said time in which c. was behind not delivered the said said Iohn Pendleton as Bayliff of the aforesaid Iohn Talbot doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. for the Heriot aforesaid not delivered as within his Fee and Lordship c. And the said Iohn Chapman now Plaintiff saith That the aforesaid Iohn Pendleton as Bayliff of the aforesaid Iohn Talbot in the cause above before alleged ought not avow the taking oâ— the Cattel aforesaid to be just Because he saith That long beâ—ore the aforesaid time of the taking aforesaid done and before the aforesaid Iohn Chapman the Father had any thing in the said 3. Acres of Pasture with the appurtenances in which c. One â—ohn â—arny was seised of a Messuage and of half a Yard Land of Meadow and Pasture with the appurtenances conteining by estimation 50. â—cres in Albrighton aforesaid whereof the said 3. Acres of Pasture with their appurtenances in which c. were parcel in his demesn as of Fee and the said Messuage and one half Yard of Land Meadow and Pasture wholy with the appurtenances whereof c. held of the aforesaid Iohn Talbot as of his Manor of Albrighton aforesaid by Fealty and doing sute at the Court of the said Iohn Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor yearly to be holden as also by the service of rendring after the death of every Tenant of the said Messuage and half Yard Land of Meadow and Pasture wholy with the appurtenances whereof c. dying thereof seised the best Beast that was to such Tenant at the time of his death in the name of a Heriot And the said John Barny of the Messuage and half Yard Land of such Meadow and Pasture with the appurtenanceâ— wholly in form aforesaid being seised long before the time of the taking c. that is to say the first day of May in the yeer of the Reign of the Lady the Queen that now is the 32th of the said 3. Acres of â—and parcel of the aforesaid half Yard Land of Land Meadow and Pasture with the appurtenances whereof enfeoffed the aforesaid â—ohn Talbot To have and to hold to the said John Talbot his Heirs and Assigns for ever By vertue of which Feoffment the aforesaid Iohn Talbot was and yet is seised of the aforesaid 3. Acres of Lands parcel c. in his demesn as of Fee and he the said Iohn so being thereof seised and the aforesaid Iohn Barny of the Messuage aforesaid and the rest of the aforesaid half Yard-Land of Meadâ—w and Pasture with the Appurtenances whereof c. in form aforesaid being seised The said Iohn Barny afterwards and before the time of the taking aforesaid done that is to say the first day of May in the yeer of the Reign of the said Lady the Queen that now is the 36th of the aforesaid 3. Acres of Pasture with the appurtenances in which c. Enfeoffed the aforesaid Iohn Câ—apman the Father and his Heirs for ever By virtue of which Feoffment the said Iohn Chapman the Father was seised of the said 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and so thereof being seised the said Iohn Chapman the Father after and before the time of the taking c. At Albrighton aforesaid of such his Estate of and in the same 3. Acres of Pasture with the appurtenances in which c. dyed thereof seised after whose death the said 3. Acres of Pasture with their appurtenances in which c. discended to the said Iohn Chapman now Plaintiff as Son and Heir of the said Iohn Chapman the Father By which the said Iohn Chapman now Plaintiff into the 3. Acres of Pasture with the appurtenances in which c. entred and was and yet is thereof seised in his demesn as of Fee and so thereof being seised The said Iohn Chapman the now Plaintiff before the time of the taking c. put his Cattel into the aforesaid Place in which c. to eat the Grass in the same then growing as it was lawful for him to do which Cattell were in the place aforesaid in which eating the Grass there growing untill the said Iohn Pendleton the aforesaid second day of September in the yeer of the Reign of the Lord the King that now is the 6th abovesaid at Albrighton aforesaid in the afores place called Bromley VVake the Cattel of him the said Io. Chapman aforesaid them unjustly deteined against Gages and Pledges untill c. as he above against him complaineth this he is ready to aver wherefore in as much as the aforesaid Iohn Pendleton the taking of the Cattel aforesaid in the aforesaid place in which c. to Barr and that he to that Plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bound to answer wherefore for want of a sufficient Plea in Barr in this behalf the said Iohn Pendleton demands Judgement and Return of the Cattle aforesaid together with his damages to be adjudged unto him And the aforesaid Iohn Chapman now Plaintiff in as much as he sufficient matter in Law to Bar the aforesaid John Pendleton from justly avowing the taking of the Cattel aforesaid in the place in which c. above hath alleged which he is ready to averr which matter the aforesaid John Pendleton doth not deny nor to the same any wayes answereth but refuse to admit the same averment as at first demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the same Cattel to
the proper Hands of diverse of the Lords of his Privy Council sealed That none nor any person w 〈…〉 soever should kill or put to sale any Flesh for Victuals in the time of Lent then next following contrary to the Lawes and Statutes of this Realm And that all Mayors and other Head Officers in Burroughs and Towns Corporate within this Kingdom of England in the beginning of the time of Lent then next coming or before should cause all Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse-keepers within the precinct of their Jurisdiction to be bounden to the Lord the King by Bond that they should not dâ—esse any Flesh for Vâ—ctuals all the said time of Lent then next following And whereas afterwards that is to say the 20th day of February in the 12th yeer aforesaid One John Clement then and yet Mayor of the Burrough of Plymouth aforesaid according to the duty of his Place and in Obedience of the said Ordinance and Command of the said Lord the King sent to all the Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-keepers aforesaid within the precinct of the Burough aforesaid that they become bound by their Writing to the use of the said Lord the King according to the Tenor and Exigency of the aforesaid Ordinance and Command of the saâ—d Lord the King the due Execution of the Ordinance aforesaid in that behalf required and endeavored within the Burrough aforesaid The aforesaid James Bagg well knowing the premises and continuing his evil disposition and intent aforesaid At Plymouth aforesaid endeavoured and attempted to hinder and make void the due Execution of the aforesaid Ordinance and Command of the said Lord the King And to that purpose the same 20th day of February at Plymouth aforesaid to diverse Inhabitants of the Burrough aforesaid and other of the Kings leige People then being and having then and there speech with the aforesaid James Bagg of and upon the businesse aforesaid openly and publickly spake and uttered these words following that is to say Master Mayor meaning the said John Clement doth more herein than he need and more than he can well Answer Meaning that the said John Clement in requiring the aforesaid Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-Keepers to become bounden to the use of the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King had done more than was needful and more than he could well Answer By reason of which speech diverse Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse Keepers dwelling within the aforesaid Burrough utterly refused to be bounden to the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King and farther we certifie that the aforesaid Mayor and Comminalty of the Burrough of Plymouth and their predecessors time whereof the memory of men is not to the contrary had and used to have within the Burrough aforesaid a certain Custom of Wine called Wine-weight otherwise Wine Wite payable by every Taverner selling Wine within the Burrough afores of which Custom of Wine aforesaid the Mayor and Comminalty from the whole time aforesaid quietly and peaceably were possessed of until the aforesaid Ja. Bagg the 29th day of Nov. in the yeer of the Reign of the said Lord the King that now is the 4th at â—lym afores perfidiously maliciously practised with William Benâ—ly and Thomas Lyde being Taverners and Sellers of Wine within the Burrough aforesaid to them revealing divers secret counsels concerning the common profit of the Burrough aforesaid and them the said William and Thomas then and there perswaded that they no more should pay the aforesaid custom of wine called Wine-weight otherwise Wine-wite nor any summ of money for the same to the aforesaid Mayor and Comminalty which very day the 29th day of November in the 4th yeer aforesaid the aforesaid James Bagg being then one of the 12. Chief Burgesses of common Council of the Burrough aforesaid at Plymouth aforesaid perfidiously and maliciously spake to the said William Bently and Thomas Lyde these words that is to say you need not pay the Money meaning a certain Farm by them the said William and Thomas for the Custom aforesaid before then to â—he aforesaid Mayor and Comminalty payable for the Wine-weight any longer except you list for it is not due unto them By reason of which perfidious and malicious words the aforesaid William Bently and Thomas Lyde utterly refused to pay and yet do refuse and by reason thereof diverse Strifes and Controversies are risen and hereafter are like to arise betwixt the aforesaid William Bently and Thomas Lyde and the aforesaid Mayor and Comminalty for the Custome of Wine aforesaid and the Farm aforesaid to the great damage and prejudice of the aforesaid Mayor and Comminalty And further to the said Lord the King we Certifie that the aforesad James Bagg the first day of May in the yeer of the Reign of the Lord the King that now is the 12th and diverse other days and times then before at Plymouth aforesaid persidiously said to diverse Inhabitants of the Burrough aforesaid and to other the leige people of the said Lord the King upon Communication between them and the aforesaid James Bagg then before had of and concerning the liberties and Privileges of the Burrough aforesaid that he the said James Bagg would overthrow and make void the Charter of the Town aforesaid meaning the Charter aforesaid by the aforesaid Late Queen Elizabeth to the aforesaid Mayor and Comminalty as before is said granted And that he the said James the liberties privileges of the Burrough aforesaid would call in question and the same Privileges and Liberties overthrow And further to the Lord the King we Certifie that afterwards that is to say the 17th day of April now last past the aforesaid James Bagg in the said Writ named for the Causes aforesaid by the Mayor and Comminalty of the Burrough aforesaid from the Office of one of the Chief Burgesseâ— and Magistrates of the Burrough aforesaid was amoved c. John â—lement Mayor SCIRE FACIAS Pleas before the Lord the King that now is in his Chancery at Westminster in the County of Middlesex Hillary Term in the yeer of the Lord King JAMES by the Grace of God of England Scotland France and Ireland King the 3d. and of Scotland the 39th fol. 1. The PRINCES Case THE Lord the King that now is sent his Close Writ to the Sheriff of Cornwall directed in these words JAMES by the Grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sheriff of Cornwall greeting Whereas in the Statute in the Parliament of the Lord Edward late King of England the 3d. in the yeer of his Reign the 11th at Westminster in the County of Middlesex holden made amongst other things it was Enacted by Authority of the said Parliament That the Eldest Son of the King
c. By virtue of which the aforesaid Gellio Merick and Lindley into the aforesaid Manors with their Appurtenances entred and were thereof seized in their demesn as of Fee and so thereof being seized By their Writing indented made between the aforesaid late Earl of Essex Gellio Merick and Henry Lindley of the one part and Augustine Steward and Michael Corsellis on the other part bearing date the 26th day of Decem. in the yeer of the Rign of the said late Lady Q. Elizabeth the 38th in the Court of Chancery of the aforesaid late Queen at VVestminster aforesaid within 6. Moneths then next following according to the form of the Statute thereof made and provided in due manner of Record inrolled as well in Consideration of the sum 3500. pounds to the aforesaid late Earl of Essex by the aforesaid Augustine Steward and Michael Corsellis paid as for 20. shillings to the said Gellio and Henry by the aforesaid Augustine and Nicholas likewise paid bargained and sold to the aforesaid Augustine and Michael the Manors aforesaid with the Appurtenances To have and to hold to the said Augustine and Michael their Heirs and Assigns for ever By virtue of which Bargain and Sale and Inrollment and by force of a certain Statute in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th Of transferring uses into possession at Westminster aforesaid holden made and provided the aforesaid Augustine and Michael were seized of the Manors aforesaid with the Appurtenances in his Demesn as of Fee And so thereof being seized The said Augustine and Michael in consideration of the sum of 3500. pound to the aforesaid Augustine and Michael by the aforesaid John Hele paid afterwards of the said Manors with the Appurtenances enfeoffed them the said John Hele then Serjant at Law and the aforesaid Warwick He le then Esquire now Knight To have and to hold to the said John and VVarwick and to the Heirs and Assigns of the aforesaid John to the sole and proper use and behoof of the aforesaid John and Warwick and the Heirs and Assignes of the said John Hele for ever By virtue of which Feoffment The aforesaid John Hele and Warwick Hele were and yet are seized of the aforesaid Manors with the Appurtenances that is to say The said John Hele in his Demesn as of Fee and the aforesaid Warwick in his Demesn as of Free hold for the term of his life And the aforesaid John Hele and Warwick Hele further say That afterwards in and by a certain Act of Parliament of the aforesaid late Queen at VVestminster aforesaid the 27th day of October in the yeer of the Reign of the said late Queen Elizabeth the 43th holden made amongst other reciting That whereas the said late Queen from the 8th day of February in the yeer of her Reign the 25th as well for diverse and great sums of Mony as for diverse other several considerations had bargained sold given and granted by diverse her Letters Patents Indentures or other Writings under the great Seal of England sealed or the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster as well to Bodies Politick and Corporate as to diverse and several other Subjects of the said Lady the Queen diverse and several Honors Manors Lands Tenements Rents Reversions Services and other Hereditaments in Fee Simple Fee Tail for Term of Life Lives or Yeers as by the said several Letters Patents Indentures and other Writings are mentioned and declared It was enacted by Authority of the same Parliament To the intent that the said Letters Patents Indentures and other Writings should be of good available and perfect force and effect to all and singular the said late Queens Subjects according to the true intent and effect of the same That as well all and singular Letters Patents Indentures and other Writings sealed under the great Seal of England or under the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster before then made and granted by the aforesaid late Queen for any sum or sums of Mony whatsoever or for or upon any other considerations whatsoever from the aforesaid 8th day of February in the 25th yeer aforesaid as all other Letters Patents then after by the said late Queen to be made for any sum or sums of Mony or other considerations before the last day of the said then present Session of the said Parliament And moreover All other Letters Patents within the space of one yeer then next following to be made by force or according to the true puport or true meaning of a Condition under the great Seal of England then in being for the Sale of the Land of the said late Queen to any Body Politick or Corporate or to any other person or persons whatsoever of any Honors Castles Manors Lordships Granaries Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Leases Courts Liberties Privileges Franchises or of any other Hereditaments with the Appurtenances or of any part or parcel thereof with or under the Great Seal of England or under the Great Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster of whatsoever Kind Nature or Quality they or any of them are or were reputed known or taken with the Appurtenances or any part or parcel thereof should be good perfect and effectual in Law and should stand be taken reputed esteemed and should be adjudged to be good certain perfect available and effectual in the Law against the said late Queen her Heirs and Successors according to the tenor and effect of the aforesaid Letters Patents and Indentures or other Writings and that the same should be expounded construed esteemed and should be adjudged most beneficially for those to whom the aforesaid Letters Patents and Grants thereof so are made the Heirs Assigns Executors Administrators of them according to the words and purport of the said Letters Patents Indentures or other Writings without any Confirmations Licenses or Tollerations of the said late Queen her Heiâ— or Successors any ill naming ill reciting or not reciting of the said Honors Castles Manors Lands Tenements or other the premises or of any part thereof or any defect in finding of Office or Inquisition of and in the premises or any part thereof by which the Title of the said late Lady the Queen of and in the premises ought to be found before the publishing of the aforesaid Letters Patents Indentures or other Writing or any ill reciting or not reciting of Demises thereof made as well of Record as not of Record or any ill reciting or not reciting or not true mentioning in any such Lettets Patents Grants or Writings of the Estate or Estates of the said late Queen of Freehold or Inheritance of and in the premises or any part thereof to which the
thereof it is recited and specified above alleged which matter the aforesaid Henry Lindley doth not deny nor to the same any waies answereth but that averment to admit utterly refuseth the said Attorny General of the said Lord the King that now is for the said Lord the King that now is demandeth Judgment and that the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the Court of the Lord the King that now is here will avise off and upon the premises before it proceedeth to Judgment thereof day is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King that now is in the said Court here untill in 8. days of St. Hilary next c. wheresoever c. to hear their Judgment thereof because the said Court hereof thereof not yet c. At which day of 8. days of Saint Hillary that is to say at Westminster aforesaid come as well the aforesaid Henry Hobart Knight Attorney General of the said Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid and upon this the Attorny General of the Lord the King that now is as at first demandeth Judgment and that the aforesaid Letters Patents of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances in form aforesaid made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the said Court of the Lord the King that now is here will farther avise before that it proceed to Judgment thereof day farther is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele here untill in 15 days of Easter next c. wheresoever c. to hear their Judgment thereof because the said Court of the Lord the King that now is here thereof not yet c. SCIRE FACIAS Easter Term. 2i Eliz. Râ—t 1. The Record of the Case of Mark Steward vouched in Co. 9th part in Sr. Georege Reynels Case fol. 99. b. MEmorandum that Thomas Bromley Knight Chauncellor of the Queen Monday next after the Morrow of the Ascension of our Lord this Term before the Lady the Queen at Westminster by his own hand delivered here into the Court a certain Record before the Lady the Queen had in her Chancery in these words Pleas before the Lady the Queen at Westminster in the Term of Easter in the yeer of the Reign of Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. the 21th Middlesex ss It is manifest that the Lord Philip and the Lady Mary late King and Queen of England Sister of the Lady the Queen that now is for them the Heirs and Successors of the said Lady Queen Mary by the Letters Patents of them the said late King and Queen Philip and Mary made under the great Seal of England bearing date at Westminster the 23th day of September in the 3. and 4th yeer of the said late King Philip and Mary gave and granted to one Mark Steward gen the Office of Sergeant at Arms of them the said late King and Queen Philip and Mary attendant upon her Chauncellor of England for the time being and made ordayned and appointed by the said Letters Patents him the said Mark their Sargeant at Arms to have and enjoy the said Office to the said Mark for the Term of his life and that the said King Philip and Queen Mary for them the Heirs and Successors of the said Queen Mary by the same Letters Patents gave and graunted to the said Mark for the exercising and occupying the said office aforesaid the wages and Fee of 12. pence by the day To have hold and receive yeerly the said wages and Fee of 12. pence to the said Mark for the Term of his life of the Issues and profits of the Hamper of the said late King Philip and Queen Mary by the hands of the Clerk or Keeper of the aforesaid Hamper for the time being yeerly to be paid as by the said Letters Patents amongst other it more fully appeareth By colour of which Letters Patents the said Mark was seised of the Office aforesaid as of Freehold for the term of his life And whereas also it is found by a certain Inquisition Indented taken at VVestminster in the County of Middlesex the 24th day of June in the yeer of the Reign of the said Lady the Queen that now is the 19th before Kalph Hurlestone Esquire John Muthal Esquire Francis Folyat Esquire and John Stratham Gent. By virtue of a Commission of the said Lady the Queen that now is to them and to one John Goodman directed by the Oaths of 12. men That the said Mark did not serve in the said Office of Sergeant at Arms according to the effect and Tenor of the aforesaid Letters Patents to him made from the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is unto the first day of February then next past before the Inquisition aforesaid but for all that time absented himself from that Office as by the said Inquisition retorned in the Court of the Chancery of the said Lady the Queen as in the files of Record there remaining it appeareth And now at this day that is to say the 7th day of May in the yeer of the Reign of the said Lady the Queen that now iâ— the 21th coâ—eth the aforesaid Mark Steward into the Chancery of the said Lady the Queen â—ow is at Westminster by Edward Cockel his Attorny and complaineth that â—y reâ—â—on and colour of the Inquisition aforesaid himself to be unjustly removed from the exercising and holding of his said Office aforesaid Because By Protestation that the said Inquisition is not sufficient in Law to â—â—â—â—ve him the said Mark from the exercising of his Office aforesaid â—o â—â—e shewing of his right in this behalf the said Mark saith that the 〈◊〉 Lady the Queen that now is long after the making of the said Letters Patents that is to say the last day of Nov. in the yeer of her Reign the 〈◊〉 at Westminster in the County oâ— Mâ—ll gave liâ—â—nsâ—â—oth â—said Mark 〈◊〉 hâ—â—self from the exercising his Office during the pleasure of him â—â—â— said Mark until he was commanded by her the said Lady
is the worse and hath damages c. to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Rowland by William Evering his Attorny cometh and defendeth the force and injury when c. and as to the force and armes saith that he is in nothing thereof guilty And as to the rest of the Trespas aforesaid supposed to be done the said Rowland saith That the aforesaid Arthur his Action thereof against him ought not to have Because he saith That the Close aforesaid as also the place in which it is supposed the Trespasse aforesaid to be done and the time aforesaid in which it is supposed the same Trespasse to be done were 20. Acres of Pasture with their Appurtenances in Stokefaston aforesaid called New-Close and that before the time in which c. One Christopher Corbet Esquire Father of the aforesaid Rowland and Arthur was seized of the Manor of Stokefaston with the Appurtenances in the County aforesaid whereof the aforesaid 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. As also time whereof the Memory of Men is not to the contrary were parcel in his Demesn as of Fee And so thereof being seized The said Christopher before the time in which c. that is to say the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th at Stokefaston aforesaid By a certain Indenture made between him the said Christopher By the name of Christopher Corbet of Stokefaston in the County of Leicester Esquire of the one part and Richard Slade Henry Allin Thomas Hunt and George Noon Gentleman of the other part One part of which sealed with the Seal of the said Christopher the said Rowland brings here in Court whose date is the same day and yeer It is witnessed That the aforesaid Christopher Corbet for and in consideration of Fatherly Love Zeal and Affection which he the said Christopher Corbet bore to the aforesaid Rowland Corbet Eldest Son of the said Christopher and for his Preferment and Advancement and for the Promotion Preferment and Establishment of Living of the said Rowland and the Heirs of his Body lawfully issuing And for and in consideration of Fatherly Love Zeal and Affection which the said Christopher bore to the said Arthur Corbet his other Son and for his Preferment and Advancement of Living And also for and in consideration of the great Love and Affection and Favour which he the said Christopher bore to Francis Corbet Son of Humphry Corbet late of Ratley in the County of Warwick Gentleman deceased his near Cosin and Kinsman and for his Preferment and Advancemement And also for the Establishment Preservation and Continuance of all and singular the Manors Lands Tenements Possessions and Hereditaments whatsoever of him the said Christopher within the Kingdom of England then after in the same Indenture mentioned or contained in the Name and Blood of the aforesaid Christopher and for other good and just causes and considerations him the said Christopher moving By the same Indenture for him and his Heirs Covenanted Granted Condescended and Agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators and to and with every of them in manner and form after in the said Indenture mentioned That is to say That he the said Christo Corbet his Heirs and Assigns And all and every other person or persons their Heirs and Assigns who then stood or were seized or which from hence forth for ever should stand and be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances in the County of Leicester of and in all other Messuages Lands Tenemnets and Hereditaments whatsoever of the aforesaid Christo Corbet in the said County of Leicester of which he the said Christopher Corbet then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence forth afterwards should stand and be seized of and in the aforesaid Manor of Stokefaston and all and singular other the premises with their Appurtenances whatsoever to the uses behoofs intentions or purposes That is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances and other the premises whatsoever with their Appurtenances in the aforesaid County of Leicester unto the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any Waste and after the decease of the said Christopher Corbet Then of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester And of and in all other Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher Corbet whatsoever with all singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher Corbet had any Estate of Inheritance in Fee Simple in possession Reversion or Remainder To the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male to the use of the aforesaid Arthur Corbet the Heirs Males of his Body lawfully begotten for default of such issue male then to the use of the aforesaid Francis Corbet Son of the aforesaid Humph. Corbet deceased the Heirs Males of the Body of the aforesaid Francis lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the said Arthur lawfully begotten and for default of such Heirs Then to the use and behoof of the Right Heirs of the said Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also of a certain Act in 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 yeer of his Reign the 27th Of transferring of uses into possession holden made and provided The aforesaid Christopher Corbet was seized of the aforesaid Manor of Stokefaston with the Appurtenances amongst other things in his Demesn as of Free hold for the term of his life the Remanider thereof in form aforesaid expectant And the said Christopher so thereof being seized The said Christopher afterwards and before the aforesaid time in which c. that is to say the last day of May in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to
say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid And the aforesaid Arthur Corbet claiming the Manor aforesaid with the Appurtenances whereof c. of a certain deed of Demise to him thereof made for the term of his life by the aforesaid Christopher the Father long before the making of the Indenture aforesaid between the aforesaid Christopher and the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon whereas nothing of the Manor aforesaid with their Appurtenances whereof c. in possession of the said Authur by that deed ever passessed into the aforesaid 20. Acres of Pasture with the Appurtenances in which c. before the aforesaid time in which c. entred and was thereof possessed upon whose possession thereof of the said Arthur the said Rowland afterwards that is to say the aforesaid time in which c. into the said 20. Acres of Pasture with the Appurtenances re-entred and the Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances broke and the grasse there then growing with his Cattel aforesaid did eat tread and consume as it was lawful for him to do And this he is ready to aver Wherupon he demandeth Judgement if the aforesaid Arthur his Action aforesaid against him ought to have Because he saith That well and true it is That the aforesaid Christopher was seized of the aforesaid Mannor of Stokefaston aforesaid with the Appurtenances whereof the said 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. as also from the whole time aforesaid were parcel in his Demesn as of Fee And so thereof being seized the aforesaid 12. day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid by the said his Indenture for the causes and considerations abovesaid in the said Indenture specified for him and his Heirs covenanted granted condescended and agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators to and with every of them in manner and form in the said Indenture mentioned that is to say That the said Christopher Corbet his Heirs and Assigns and all and every other person and persons their Heirs and Assigns which then stood and were seized or from then after should stand or be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all the aforesaid other Messuages Lands Tenements and Hereditaments whatsoever of the aforesaid Christopher Corbet in the said County of Leicester of which the said Christopher Corbet then had any estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence after should stand and be seized of and in the aforesaid Manor of Stokefaston and all the aforesaid other premises with their Appurtenances whatsoever to the aforesaid uses behoofâ— intentions and purposes and upon and under those Provisions Limitations and Conditions in such manner and form as afterwards in the said Indenture are named limited mentioned or should be directed and unto none other use uses behoofs intents or purposes that is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester To the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any manner of Waste and after the decease of the said Christopher Corbet of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all other the aforesaid Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher whatsoever with all and singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder to the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue to the use of the aforesaid Arthur Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male Then to the use of the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased and the Heirs Males of the Body of the said Francis lawfully begotten and for default of such Heir then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heir to the use of the Heirs of the Body of the aforesaid Arthur Corbet lawfully begotten and for default of such Heir to the use behoof of the Right Heirs of the aforesaid Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also by force of the Act aforesaid of transferring of uses into possession the aforesaid Christopher was seized of the aforesaid Manor of Stokefaston with the Appurtenances whereof c. amongst other things in his Demesn as of Free Hold for the term of his Life the Remainder thereof in form aforesaid expectant And the said Christopher being thereof so seized The said Christopher afterwards and before the time in which c. that is to say the aforesaid last day of May in the yeer of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid as the aforesaid Rowland above hath alleged But the said Arthur further saith That by the Indenture aforesaid It was Conditioned Covenanted granted and agreed by and between the parties aforesaid to the said Indenture That if when and so often as the aforesaid Rowland Corbet or any the Heir Males of his Body begotten or to be begotten Or the aforesaid Arthur Corbet or any the Heirs Males of his Body lawfully begotten or to be begotten Or the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased or any the Heirs Males of his Body lawfully begotten or to be begotten should be fully and finally resolved and determined and advisedly determinatly and effectually devised concluded and agreed or should enter into any Communication Promise and Covenant whatsoever or advisedly and effectually should attempt procure go about or should assent to or for any Act or Acts thing or things for or concerning any Bargain Sale Discontinuance Alienâ—tion Conveiance or Assurance to be had and made of any of the aforesaid Manors lands Tenements and Hereditaments intailed or intended or mentioned to be intailed or of any of them or of any part or parcel of them whereby
any Estate of the premises aforesaid recited intailed or mentioned to be intailed or any part thereof in use or possession mentioned appointed limited or declared by the same Indenture can ought or could in any manner or manners be undone discontinued barred altered oâ— determined and the said Bargain Sale Exchange Alienation Devisement Conclusion Agreement Promission Communication Concession Obligation Conveiance or Assurance or any other open and effectual matter thing or Act should attempt go about cause procure command or willingly or wittingly should assent practise or suffer to be attempted practise in any Act to put in ure or to go about or to be executed performed or to be prosecuted put in use or in ure by acknowledging of any Note or Notes of or for any Fine or Fines to be levied or acknowledged or by giving of any Warrant or Warrants of Attorny or Attornies for any Recovery or Recoveries or any Voucher or Vouchers to be had or prosecuted or by entring into any Warranty or Warranties whatsoever or by acknowledging of any Warrant for the same or by any Sute or bringing of any Writ or Writs by him them or those or by any of her or their Assent and Agreement or by Assent by appearance or otherwise to any Writ or Writs of the aforesaid recited premises or of any part or parcel thereof or to any thing in the same or any of them or by acknowledging of any Charter or Charters Writing or Writings to be inrolled or by any other Act or Acts thing or things whatsoever in deed or in Law whereupon or by which any Bargain Sale Discontinuance Allienation Exchange or Forfeiture might follow or by which the Estate Use or Possession of the aforesaid recited premises intailed or mentioned to be intailed or any parcel thereof cannot ought or could come accrue remain and descend to be in such manner and form as by the same Indenture it is limited appointed declared and mentioned and according to the true intent and meaning of the aforesaid Indenture That then and immediately from and after any such time and times of such procuring attempting commanding knowing assent practice promise or going about in manner and form as above is said and before such Bargain Sale Discontinuance Alienation Exchange or Forfeiture had made prosecuted executed Committed or done the said Use and Uses Estate and Estates limited and declared in the Indenture aforesaid to him or them who shall so attempt cause procure command or voluntarily or knowingly assent practise or go about any such Act or Acts thing or things to be prosecuted or to be executed or to be performed or done or put in ure or shall go about to be executed or performed or put in ure in form aforesaid declared Whereupon or by which any Bargain Sale Discontinuance Alienation Conveiance Assurance Exchange or Forfeiture should be had done or ensue thereupon contrary to the true intent of the Indenture aforesaid of and in such and so much of the aforesaid recited Manors Lands Tenements and Hereditaments with the Appurtenances intailed or mentioned to be intailed or intended by the same Indenture for the which any of the things or matters aforesaid at any time or times should be attempted gone about caused procured commanded assented practised or the premises to be executed performed practised or put in ure or gon about to be executed performed or put in ure contrary to the true intent of the Indenture aforesaid from time to time should cease only as in respect and having regard to such person or persons so attempting procuring causing commanding willingly and wittingly assenting practising permitting or going about any Act or Acts thing or things as above it is said contrary to the effect and true meaning of the Indenture aforesaid in such manner degree and condition as if such person or persons Heir or Heirs so attempting procuring causing commanding willingly and wittingly assenting practising permitting or going about any such Act or Acts thing or things as above is said had naturally been dead and not otherwise And then and in all such cases the immediate uses of every of such parcel of the premises should be immediatly to such person or persons by the true intent and meaning of the Indenture aforesaid If any such person or persons should so procure or procured attempt or attempted cause or caused command or commanded should practise or practised should suffer or sufferd go about or about should assent or assented to or for any such Act or Acts thing or things be or should be naturally dead of such Estate and in such like manner and form and with the Remainder in use over and with such like limitations and conditions as if the said uses had come accrued and been if the same person who so should procure attempt cause command practise suffer go about or assent to or for any such Act or Acts thing or things to be done to or immediatly before the time of such procuring attempting causing commanding practising suffering going about or assenting had been naturally dead and not otherwise as by the same Indenture amongst other things more fully appeareth And the said Arthur further saith That the aforesaid Rowland of the Manor aforesaid with the Appurtenances whereof c. amongst other things in form aforesaid being seized One Robert Greenhurst the 23th day of January in the yeer of the Reign of the said Lady the Queen that now is the 36th by the command procurement consent of the aforesaid Rowl sued forth out of the Court of Chanc. of the same Lady the Queen the said Court of Chancery then being at VVestminster in the County of Middlesex a certain Writ of the said Lady the Queen of Entry Sur Disseisin in the Post against the aforesaid Rowland Corbet â—he Manor of Stokefaston with the Appurtenances whereof c. amongâ—â—â—ther things by the Name of the Manor of Stokefaston with the Appurtenances and 5. Messuages 500. Acres of Land 100. Acres of Meadow 200. Acres of Pasture with the Appurtenances in Stokefaston to the Sheriff of the aforesaid County of Leicester directed By which Writ the said Lady the Queen that now is coÌ„manded the said then Sheriff of Leicester That he the said Sheriff the aforesaid Rowland that justly and without delay herender the said Robert Greenhurst the aforesaid Manor of Stokefaston with the Appurtenances and the aforesaid 5. Messuages 500. Acres of Land 100. Ares of Meadow 200. Acres of Pasture with the Appurtenances in Stokefaston which then he claimed to be his Right and Inheritance and in which the said Rowland had not entry But after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers then last past as the said Robert then said And wherupon he then complained that the aforesaid Rowland did him deforce And if he should not do c. and the aforesaid Robert Greenhurst should secure him the said Sheriff for the prosecuting of his claim
Then he summon by good Summoners the aforesaid Rowland Corbet that he be before the Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of the Purification of the Blessed Mary then next following to shew why he had not done it and that the then Sheriff should have then there the summons and that Writ c. At which 8. dayes from the Purification of the Blessed Mary before Edmond Anderson Knight and his Companions then Justices of the said Lady the Queen of the Bench here that is to say at Westminster aforesaid cometh as well the aforesaid Robert Greenhurst by Thomas Lane his then Attorny as the aforesaid Rowland in his proper person And Willam Turpin Esquire then Sheriff of the County aforesaid retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say that the aforesaid Robert Greenhurst found Sureties to him the said Sheriff to prosecute his Writ aforesaid that is to say John Doo and Richard Roo and that the aforesaid Rowland Corbet was summoned by John Den and Richard Fen upon which the aforesaid Robert Greenhurst by his Attorny aforesaid in the same Court here declaring against the aforesaid Rowland upon his Writ aforesaid demanded against the said Rowland Corbet the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified as his Right and inheritance and in which the said Rowland Corbet had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers last past c. And whereupon he said That he himself was seized of the Manor and Tenements aforesaid in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking thereof the profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Rowland Corbet then defended his Right when c. And then vouched to warranty John Howell who likewise was then present here in Court in his proper person and freely the said Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified to him did warrant And upon this the said Robert Greenhurst then demanded against the said John Howell then Tenant by his warranty the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified in form aforesaid c. And whereupon he then said That he himself was seized of the Manor aforesaid with the Appurtenances in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And in which c. And thereof then brought his Sute c. And the aforesaid John Tenant by his Warranty then defended his Right when c. And then said That the said Hugh Hunt did not disseise the aforesaid Robert Greenhurst of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as the said Robert by his said Writ and Declaration aforesaid above supposeth And of this puts himself upon the Country c. And the aforesaid Robert then prayed leave to imparl c. And had it c. And afterwards the said Robert retorned back hete in the Court of the Bench aforesaid the self same Term by his Attorny aforesaid And the aforesaid John although he was solemnly called did not come back but in contempt of the Court departed and made default By which then it was granted that the aforesaid Robert Greenhurst should recover his Seisin against the aforesaid Rowland of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified And that the said Rowland Corbet should have of the Lands of the aforesaid John to the value c. And that the said John should be in Mercy c. And upon this The aforesaid Robert demandeth a Writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him full Seisin of the Manor Tenements aforesaid with the Appurtenances in the said Writ of Entry mentioned and it is granted to him retornable here that is to say at Westminster aforesaid from the day of Easter 15. dayes then next following c. At which day here that is to say at Westminster aforesaid cometh the aforesaid Robert by his Attorny aforesaid and then the Sheriff of the aforesaid County of Leicester That is to say the aforesaid William Turpin then here sent that he by virtue of the Writ to him directed the 25th day of March then last past gave to the said Robert full seisin of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as by the Writ he was commanded as by the Record and Processe thereof in the Court of the said Lady the Queen of the Bench here remaining manifestly appeareth By virtue of which Recovery the aforesaid Robert into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee And further the said Arthur saith That the Recovery aforesaid in form aforesaid had was to the use and behoof of the said Rowland Corbet and his Heirs for ever And that the said Rowland the aforesaid time of the Recovery aforesaid had or ever after had no issue of his Body lawfully begotten After which Recovery so as before is said had in and to the Disinheriting of the said Arthur of the Manor aforesaid with the Appurtenances whereof c. And before the aforesaid time in which that is to say the 30th day of June in the yeer of the Reign of the said Lady the Queen that now is the 36th abovesaid The said Arthur into the aforesaid Manor of Stokefaston with the Appurtenancs whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten By virtue of the Proviso aforesaid and by force of the aforesaid Act of transferring uses into possession the remainder thereof in form aforesaid expectant until the aforesaid Rowland the aforesaid time in which c. The Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances in which c. brake and the grass aforesaid then and there growing with the Cattel aforesaid eat trod and consumed against the Peace of the said Lady the Queen that now is as he above against him complaineth And this he is ready to aver Wherefore in as much as the aforesaid Rowland the Trespass aforesaid above acknowledgeth the said Arthur demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged c. And the aforesaid Rowland saith That the aforesaid Plea
of Fee in the Right of his Crown of England And the said late King so thereof being seized before the time in which c. By his Letters Patents with the Great Seal of England sealed bearing date at Westminster the 14th day of May in the yeer of his Reign the 32th had given and granted the Tenements aforesaid with the Appurtenances amongst other things to Ann Cobham Widow To have and to hold the Tenements aforesaid with the Appurtenances amongst other things to the said Ann Cobham and her Assigns for the term of the life of the said Ann rendring therefore to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown at the Feast of Saint Michael the Archangel yeerly to be paid and after the decease of the aforesaid Ann The said late King by his Letters Patents willed and granted That the Tenements aforesaid with the Appurtenances amongst other things to one Edward Shelley Esquire and Johan his Wife and to the Heirs of the Bodies of them the said Edward and Johan between them lawfully to be begotten To be holden of the aforesaid late King his Heirs and Successors by the Service of the 20th part of a Knights Fee And yeelding therefore yeerly to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown aforesaid at the Feast of Saint Michael the Archangel every yeer to be paid for all Services and demands whatsoever to the said late King his Heirs and Successors any wayes to be rendred payed or done And if it should happen the said Edward and Johan his Wife to dye the without issue of their bodies lawfully by them begotten The the said late King willed and granted by his said Letters Patents that the Tenements aforesaid with the Appurtenances amongst other things should wholly remain to the right Heirs of the said Edward Shelley for ever to be holden of the aforesaid late King his Heirs and Successors by the Rent and Services aforesaid for all Services and demands as by the said Letters Patents amongst other things more fully appeareth By vertue of which gift and grant the said Anne Cobham into the Tenements aforesaid with their Appurtenances amongst other entred and was thereof seized in her Demesn as of Freehold the remainder thereof in form aforesaid And the said Anne so thereof being seized afterwards and before the time in which c. that is to say the day in the year of the Reign of the said late King Henry the 8th At Worminghurst in the said County of Sussex died After the death of which Anne the aforesaid Edward Shelley and Joham his wife into the Tenements aforesaid with the Appurtenances amongst other things entred and were thereof seized in Demesn as of Fee-tail that is to say to them and the heirs of the body of them the said Edward and Joham the remainder unto the said Edward and his Heirs in form aforesaid And so thereof being seized the said Edward and Johan had issue of their bodies Henry Shelley father of the aforesaid Henry Shelley now Defendant his eldest Son and Richard Shelley his second Son which Richard Shelley is yet living and in full life and that the said Edward and Johan being thereof so seized the said Johan afterwards and before the time of the Trespass aforesaid died and the aforesaid Edward her overlived and held himself in the Tenements aforesaid with the Appurtenances and was thereof seized in his Demesn as of Fee-tail the remainder thereof to him and his Heirs for ever as before is said And the said Jurors also say upon their Oaths aforesaid That the said Henry Father of the aforesaid now Defendant had issue of his body lawfully begotten Mary Shelley his daughter and that the said Henry Shelley died in the life of the said Edward his Father one Anne then wife of the said Henry being quick and great with childe with the aforesaid Henry Shelley now Defendant in the Declaration named And the said Edward Shelley so being thereof seized afterwards the 25th day of September in the years of the Reigns of Philip and Mary late King and Queen the first and second by his Indenture sealed with his Seal bearing date the said day and year first delivered the sixth day of October then next following made between him the said Edward Shelley by the name of Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Marten of the other part the tenour of which Indenture followeth in these words ss This Indenture made the 25th day of September in the first and second years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the grace of God King and Queen of England France Neapolis Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicil Archdukes of Austria Dukes of Millain Burgundy and Brabant Earls of Haspuag Tirol and Flanders between Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Martin of the other part Witnesseth That it is fully Covenanted Granted Condescended and Agreed between the said Parties in manner and form following That is to say first the said Edward Shelley for and upon divers great and urgent causes and considerations him moving doth Covenant Grant Condescend Promise and Agree for him his Heirs and Executors to and with the said Richard Cooper and William Martin and their Executors by these Presents That he the said Edward Shelley shall permit cause and suffer the said Richard Cooper and William Martin or the survivor of them at the proper costs and charges of him the said Edward Shelley his Heirs and Executors Administrators or Assigns on this side the Feast of All Saints next ensuing the date of these presents to recover against him the said Edward his Heirs or Assigns by Writ of Entre sur Disseisin enle Post The Mannors oâ— Worminghurst Barhamwick and Fyndon with the Appurtenances in the said County of Sussex and all other his Lands Tenements Possessions and Hereditaments with the Appurtenances set lying and being in Fyndon Worminghurst Barhamwick Patching Eastangmering Westangmering Wyginholt Sterington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley in the said County Except only the Manors of Sillington and Cobden with the Appurtenances in the said County and except also all those Lands Tenements and Hereditaments called or known by the name of Cobden Pullets Firses and Palmerishcomb with all and singular their appurtenances And the said Edward Shelley covenanteth Granteth and Promiseth by these presents to and with the said Richard Cooper and William Martin that at the time of the said Writ of Entry brought against him of the Premises and at the time of the said Recovery had he the said Edward shall be sole Tenant of the Freehold of
the said Sheriff Pledges for prosecuting that is to say John Doo Richard Roo and that the aforesaid Edward was summoned by John Den and Richard Fen. And the said Edward Shelley according to his summons aforesaid to him in form aforesaid made by Thomas Ingler his Attorny came And upon this the aforesaid Richard Cooper and William Martin by their Attorny aforesaid demanded against the aforesaid Edward Shelley the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill 2. Dove-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Furz and Heath and 8. pound 10. shillings Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wighenholt Sterrington VVashington Ashington Grenested Asherest Stening Wiston Thackham and Shipley As also the Advowson of the Chutch of VVorminghurst as his Right and Inheritance and which the said Edward had not Entry but after Disseisin with Hugh Hunt unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past c. And whereupon they said that they themselves were seized of the Manors Tenements and Rents aforesaid with the Appurtenances in their Demesn as of Fee and Right and also of the Advowson of the Church aforesaid as of Fee and Right in time of Peace in the time of the said late King and Queen taking the Profits thereof to the value c. And in which c. And thereupon brought Sute c. And the said Edward by the aforesaid Thomas Ingler his Attorny cometh and defendeth his Right when c. And voucheth thereof to warranty Henry Siliborn who present here in his proper person in Court freely the Manors and Tenements and Rents aforesaid to him doth warrant c. And upon that The aforesaid Richard and William demanded against him the said Henry Tenant by his warranty the Manors Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid And whereupon they said That they themselves were seized of the Manors Tenements and Rents aforesaid with their Appurtenances in their Demesn as of Fee and Right and also of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the said late King and Queen taking thereof the Profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Henry Tenant by his warranty defended his Right when c. And said That the aforesaid Hugh did not disseise the aforesaid Richard and William of the Manors Tenements and Rents aforesaid with the Appurtenances And also of the Advowson aforesaid as the said Richard and William by their Writ and Declaration above supposed And of this put himself upon the Country c. And the aforesaid Richard and William prayed leave to imparl and had it c. And afterwards the said Richard and William Retorned back hither into Court the same Term by their Attorny aforesaid And the aforesaid Henry although solemnly called did not retorn but in Contempt of the Court departed and made default Therefore it was granted by the Court in the aforesaid 8. dayes of Saint Michael That the said Richard and William should recover their seisin against the aforesaid Edward of the Manors Tenements and Rents aforesaid with the Appurtenances And also of the Advowson aforesaid And that the said Edward should have of the Lands of the said Henry to the value c. And the said Henry should be in Mercy c. And upon this immediatly the aforesaid Richard Cooper and William Martin in the aforesaid Court prayed the Writ of the Lord and Lady the Queen to the then Sheriff of Sussex to be directed to give them full seisin of the Manors Tenements and Rents aforesaid with the Appurtenances and also of the Advowson aforesaid and the Writ was granted unto them bearing date the 9th day of October in the yeers of the Reigns of the aforesaid late King and Queen Philip and Mary the first and second abovesaid Retornable here from the day of Saint Michael in one Moneth then next following And further the said Jurors say upon their Oath aforesaid That the Tenements aforesaid called Rarhamwick in the Declaration aforesaid specified and the Tenement aforesaid called Barhamwick in the Record of the Recovery aforesaid above mentioned are one and the same Tenements and not others nor divers And that the Recovery aforesaid was for the intentions in the aforesaid Indenture specified And that the said Edward Shelley dyed the 9th day of October in the yeers of the Reigns of the said late King and Queen the first and second between the hours 5. and 6. in the Afternoon of the same day And that afterwards that is to say the 19th day of October then next following the then Sheriff of the said County of Sussex That is to say Thomas Saunder Knight by virtue of the VVrit aforesaid gave full seisin to the aforesaid Richard Cooper and William Martin of the Manors Tenements and Rents aforesaid with the Appurtenances and also of the Advowson aforesaid And further the aforesaid Jurors say upon their Oath aforesaid That one Richard Belchamber the aforesaid time of the death of the aforesaid Edward and at the time of the Recovery aforesaid and the Execution thereof and long before the bringing of the aforesaid VVrit of Entry Sur Disseisin in the Post was Tenant of the Tenements aforesaid and possessed of the Tenements aforesaid in the Declaration aforesaid specified for the Term of divers yeers then to come by reason of a Demise thereof made to the aforesaid Richard Belchamber by the aforesaid Edward Shelley long before the bringing of the aforesaid VVrit of Entry Sur Disseisin in the Post And afterwards that is to say the 4th day of December in the yeers of the Reigns of the aforesaid late King and Queen the first and second the aforesaid Henry Shelley the now Defendant was born of the said Ann his Mother late the VVife of the aforesaid Henry Shelley Father of the said Henry Defendant which said Henry the Father was the Eldest Son of the aforesaid Edward Shelley And that the aforesaid Mary Shelley was then alive and in full Life And that the aforesaid Richard Shelley afterwards after the Expiration of the said Term of yeers Demised to the aforesaid Richard Belchamber by the aforesaid Edward Shelley as before is said that is to say the 9th day of October in the yeer of the Reign of the said Lady the Queen that now is at Augmering aforesaid into the Tenements aforesaid in the Declaration aforesaid specified entred and then and there demised the Tenements aforesaid in the Declaration mentioned to the aforesaid Nicholas Wolfe To have and to hold to the said Nicholas and his Assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 21. yeers
Acres parcel of the said 20. Acres the said Thomas saith That long before the time in which it is supposed the Trespass aforesaid to be done one Francis Bunny was seized of the aforesaid 20. Acres of Pasture in which c. in his Demesn as of Fee and so thereof being seized before the aforesaid time in which c. that is to say The first day of May in the year of the Reign of the Lady the Queen that now is the 20th by his Deed of Feoffment here into Court brought bearing date the same day and year enfeoffed one Miles Hilycock of the aforesaid 20. Acres of Pasture with the Appurtenances in which c. To have and to hold to the said Miles and his heirs for ever to the use of the said Francis for the term of the life of the said Francis and after the death of the said Francis to the use of one David Bunny and the Heirs of his body lawfully begotten and for lack of such issue to the use of Nicholas Bunny and the heirs of his body lawfully begotten and for lack of such issue to the use of Walter Bunny and the heirs of his body lawfully begotten and for lack of such issue to the use of Stephen Bunny and his heirs for ever By vertue of which Feoffment and by force of certain Act in 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 year of his Reign the 27th of transferring uses in possession holden made The aforesaid Francis was of the aforesaid 20. Acres of Pasture with the appurtenances seized in his Demesn as of Freehold the remainder thereof after the death of the aforesaid Francis to the aforesaid David and the Heirs of his body lawfully begotten the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Walter and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Stephen and his heirs for ever exptctant and the aforesaid Francis so of the aforesaid 20. acres with the appurtenances in form aforesaid being seized the remainder thereof to the aforesaid David in form aforesaid expectant The said Francis afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the Lady the Queen that now is the 21th enfeoffed one Richard Tomson of the aforesaid 20. acres of Pasture with the appurtenances To have and to hold to the said Richard his heirs and assigns for ever By vertue of which the said Richard was of the said 20. acres of Pasture with their appurtenances seized in his Demesn as of Fee by colour whereof and for that the said Feoffment was made to the disinheriting of the said David the said David in the aforesaid 20. Acres of Pasture with the appurtenances entred and was thereof seized in his Demesn as of Feertail the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten the remainder thereof to the said Walter and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Stephen and his Heirs for ever And the aforesaid David so thereof being seized the remainder thereof in form aforesaid expectant the said David afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the Lady the Queen that now is the 22th at Willesdon aforesaid demised the aforesaid five acres of Pasture of the aforesaid 20. acres of Pasture with the appurtenances in which c. parcel To one Adam Blunt to have and to hold to the said Adam from the Feast of St. Michael the Archangel last past until the end and term of one year from thence next following and fully to be compleat By vertue of which the said Adam Blunt into the said five acres of Pasture with the appurtenances entred and was thereof possessed and the said Adam so being thereof possessed afterwards and before the time in which enfeoffed the aforesaid Thomas Albany of the said five acres of Pasture with the appurtenances To have and to hold to the said Thomas his heirs and assigns to the proper use and behoof of him the said Thomas his heirs and assigns for ever By colour of which the said Thomas was of the said five arces of Pasture with the Appurtenances seized in his Demesn as of Fee and the aforesaid John Grendon claiming the said five acres of Pasture with the appurtenances by colour of a certain Deed of Demise to him thereof made for the term of his life by the aforesaid Miles Hitchcock whereas nothing of the said five acres of Pasture in the possession of the aforesaid John Grendon by the said Deed ever passed in the aforesaid five acres of Pasture with the appurtenances before the time in which c. entred upon whose possession of the said John thereof the said Thomas Albany afterwards that is to say the aforesaid time in which c. into the aforesaid five acres of Pasture with the appurtenances entred and the grass there then growing with the cattel aforesaid fed trod and consumed as it was lawfull for him to do and this he is ready to aver whereupon he prayeth judgement if the aforesaid John Grendon his action aforesaid against him ought to have or maintain c. And as to any Trespass in the aforesaid 15. acres of Pasture residue the said Thomas Albany saith that the aforesaid John Grendon his Action aforesaid thereof against him ought not to have or maintain because he saith That the aforesaid David long before the Trespass aforesaid supposed to be done being seized of the aforesaid 15. Acres of Pasture in his Demesn as of Fee tail as before is said before the time in which c. that is to say the second day of May in the year of the Reign of the Lady the Queen that now is the 22th aforesaid at Westminster aforesaid by a certain Indenture between the said David and the aforesaid Thomas Albany made bearing date the same day and year and in the Court of the Chancery of the said Lady the Queen at Westminster aforesaid within six moneths then next following in due manner of Record inrolled according to the form of the Statute in such case made and provided one part of which sealed with the Seal of the said David the said Thomas Albany brings in Court bargained and sold to the said Thomas the aforesaid 15. acres of Pasture residue To have and to hold to the said Thomas and his Heirs for ever by colour of which Bargain Sale and Inrollment the said Thomas Albany of the aforesaid 15. acres of Pasture was seized in his Demesn as of Fee and the aforesaid John Grendon claiming the said 15. acres of Pasture with the appurtenances by colour of the said Deed of Demise to him thereof
And the Jurors of the Jury whereof within mention is made being called some of them that is to say John Forse of Crediton Gentleman John Saltern of Huslow Nicholas Poynes of Thornbury and Robert Gunter of Lapford câ—me and were sworn in the Jury aforesaid And because the Residue of the Jurors of that Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid thereto chosen at the request of the aforesaid VVilliam Dillon and by the command of the Justices aforesaid were new put to whose names to the Pannel within written are filed according to the form of the Statute in that case late made and provided And the Jurors so of new put to that is to say Anthony Moring Robert Luxton Robert Letheren Edward VVebber Thomas Parmiter Ralph Mare VVilliam Stowell and Vincent Spark likewise being called come who to say the truth within contained with the other Jurors within first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written was done that is to say the 26th day of April in the yeers of the Reigns of the Lord Philip and the Lady Mary late King and Queen of England the 3d. and the fourth and before One Richard Chudleigh Knight was seized of the Mannor of Hescot with the Appurtenances in the County aforesaid whereof the Close within written with the appurtenances in which it is supposed the Trespass within written to be done is and within the time in which c. as also time whereof the memory of men is not to the contrary were parcel in his Demesn as of Fee and that the aforesaid Richard Chudleigh before the aforesaid 26. day of April in the years of the Reigns of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid had issue of his body lawfully begotten Christopher Chudleigh his eldest Son Thomas Chudleigh his second Son Oliver Chudleigh his third Son and Nicholas Chudleigh his fourth Son And the said Richard of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid seized the said Richard Chudleigh before the within written time in which c. that is to say the aforesaid 26th day of April in the years of the Reign of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid by his Indenture Quadripartite sealed with the Seal of the said Richard Chudleigh and to the Jurors shewed in evidence whose date is the same day and year of the Mannor aforesaid with the Appurtenances thereof amongst other things enâ—eoffed John Sentleger Knight Giles Strangeways Knight John VVadham Esquire John Gilbert Esquire Thomas Carew Esquire Richard Bampfield Esquire John Ridgeway Esquire Robert Fulfood Esquire Thomas Williams John Eveleigh Gent. and William Hole Gent. To have and to hold the aforesaid Mannor with the Appurtenances whereof c. amongst other things to the same John Saintleger Giles Strangewayes John Wadham John Gilbert Thomas Carew Richard â—ampfield John Ridgeway Robert Fulford Thomas VVilliams John Eveleigh and VVilliam Hole their Heirs and Assigns for ever only to such uses intents as in the said Indenture Quadripartite are declared and specified That is to say To the use and behoof of the said Richard Chudleigh and his heirs of the body of Mary then the wife of the aforesaid Thomas Carew lawfully to be begotten and for default of such issue to the use of the aforesaid Richard Chudleigh and his heirs of the body of Elizabeth then the wife of the said Rich. Bampfield lawfully to be begotten and for default of such issue to the use of the heirs of the said Rich. Chudleigh on the body of Elenor then the wife of the said Thomas William lawfully to be begotten and for default of such issue to the use of the aforesaid Richard Chudleigh and his heirs on the body of Johan then the wife of the said John Eveleigh lawfully to be begotten and for default of such issue to the use of the aforesaid Richaâ—d Chudleigh and his heirs on the body of Johann then the wife of the aforesaid Giles Strangewayes lawfully to be begotten and for default oâ— such issue to the use of the aforesaid Richard Chudleigh and his heirs on the body of Lawrenceâ— then the wife of the aforesaid Robert Fulford lawfully to be begotten and if it should happen the said Richard Chudleigh should die without issue on the bodies of the said Mary Elizabeth Emleme Johan Johan and Laurencea lawfully begotten then the aforesaid John Sentleger and other his Feoffees and their Heirs should be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst other things for and during the term of 10. years after the death of him the said Richard Chudleigh then next following to the use and performance of the last Will of the aforesaid Richard Chudleigh And after the aforesaid term of 10. â—ears compleated and ended then the aforesaid John Sentleger Giles Strangewayes John VVadham John Gilbert Thomas Carew Richard Bampfield Iohn Ridgway Robert Fulford Thomas VVilliams John Eveleigh and VVilliam Hole their Heirs and assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst other things to the use and behoof of the aforesaid Iohn Sentleger Giles Strangewayes Iohn â—â—adham Iohn Gilbert Thomas Carew Richard Bampfield Iohn Ridgeway Robert Fulford Thomas VVilliams Iohn Eveleigh and William Hole their Heirs and Assigns for ever for and during the natural life of the afore Christopher Chudleigh his eldest Son and after the death of the said Christopher his Son the aforesaid Feoffees their Heirs and Assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst otâ—er things to the use and behoof of the first issue Male of the body of the aforesaid Christopher lawfully begotten and the heirs of the body of such first issue lawfully to be begotten and for default of such issue to the use oâ— the second issue Male by the said Christopher lawfully to be begotten and the heirs of the body of such second issue Male lawfully begotten and for default of such issue to the use of the third issue Male by the aforesaid Christopher lawfully to be begotten the heirs of the body of such third issue Male lawfully to be begotten for default of such issue to the use oâ— the fourth issue Male and the heirs of the body of such fourth issue male by the aforesaid Christopher lawfully to be begotten on the Heirs of the body of such fourth Issue Male lawfully to be begotten and for default of such issue to the use of the fifth issue Male by the aforesaid Christopher lawfully to be begotten and the heirs of the body of the aforesaid 5th issue male lawfully to be begotten and for default of such Issue to the use of the 6th Issue
male by the aforesaid Christopher Lawfully to be begotten and the Heirs of the body of the aforesaid 6th Issue male Lawfully to be begotten And for default of such Issue to the use of the 7th Issue male by the aforesaid Christopher Chudleigh Lawfully to be begotten and the Heirs of the Body of the aforesaid 7th Issue male Lawfully to be begotten and for default of such Issue to the use of the 8th Issue male by the aforesaid Christopher Chudley Lawfully to be begotten and the Heirs of the body of the aforesaid 8th Issue male Lawfully to be begotten And for default of such Issue to the use of the 9th Issue male by the aforesaid Christopher Lawfully to be begotten and the Heirs of the Body of the aforesaid 9th Issue male Lawfully to be begotten and for default of such Issue to the use of the 10th Issue male Lawfally to be begotten and the Heirs of the body of the aforesaid 10th Issue male Lawfully to be begotten And if it should happen the aforesaid Christopher to dy without Issue male of his body Lawfully to be begotten then the aforesaid Feoffees and every of them their Heirs and Assigns should stand and be seised of and in the Manor aforesaid with the Appurtenances whereof c. amongst other things to the use and behoof of the aforesaid Thomas Chudleigh another Son of the aforesaid Richard Chudleigh and the Heirs of his body Lawfully to be begotten and for default of such Issue to the use and behoof of the aforesaid Oliver Chudleigh another Son of the aforesaid Richard Chudleigh and the Heirs of his body Lawfully to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said Richard Chudleigh Knight for ever as by the said Indenture Quadrupartite amongst other things more fully it appeareth By colour of which Feofment and by force of a certain Act of Parliament of the Lord Henry late King of England the 8th the 4th day of February in the 27th yeer of his Reign at Westminster in the County of Middlesex of transferring uses in possession there holden made and provided the aforesaid Richard Chudleigh was seised of the Manor aforesaid with the Appurtenances whereof amongst otherthings as the Law requireth And the aforesaid Richard Chudleigh of the Manor aforesaid with the Appurtenances whereof c. so being seited the same Richard before the within written time in which c. that is so say the 17th day of November in the yeers of the Reigns of the aforesaid late King and Queen Philip and Mary the 5th and 6th dyed and that neither at the time of the death of him the said Richard Chudleigh and before the day of the bringing of the Bill within written there was any Heir of the aforesaid Richard Chudleigh of the bodies of any the aforesaid Mary Elizabeth Emlem Johan and Lawrence Lawfally begotten And that after the death of the aforesaid Richard Chudleigh and before the time in which the aforasaid John Sentleger Giles Strangewaies John Wadham John Gilbert Themas Carew Richard Bampfield John Bridgway Robert Fulford Thomas Williams John Eveleigh and William Hole into the Manors aforesaid with the appurtenances whereof c. amongst other things entred and were thereof possessed or seised as upon the whole matter aforesaid the Law requireth and so thereof being possessed or seised Christopher Chudleigh after the death of the aforesaid Richard before the within written time in which c. took to wife Christian Sracheley and that the aforesaid John Sentleger Giles Strangewaies John Wadham John Gilbert Thomas Carew Richard Bampfield John Ridgeway Robert Falford Thomas Williams John 〈◊〉 and William Hole of the aforesaid Manor with the Appurtenances whereof c. amongst other things in form aforesaid possessed or being seiâ—â—â— before the within written time in which c. that is to say The â—ath day of August in the yeer of the Reign of the Lady the Queen that nâ— was the first the said Oliver Chudleigh then living being in full life by their writing sealed with their Seals and to the Jurors aforesaid shewed in Evidence whose date is the same day and yeer freely and without any Consideration amongst other things enfeoffed the aforesaid Christopher Chudleâ—gh then and before having notice of the making of the aforesaid Qâ—â—dâ—upâ—tite Indenture and of the uses in the same conteined To have and to hold the Manor aforesaid with the Appurtenances whereof c. amongst other things To the said Christopher his Heirs and Assigns for ever to the only â—â— behoof of the said Christopher his Heirs Assigns for ever By virtue of wâ—â— Feoffment The said Christopher Chudleigh was seized of the Manor aforesaid with the Appurtenances whereof amongst other things as the Law requireth And so thereof being seized The said Christopher Chudleigh before the within written time in which c. that is to say the 20th day of September in the yeer of the Reign of the Lady the Queen that now is the third had issue of his Body lawfully begotten one Stretchlâ—y Chudley his first Son And that the said Christopher Chudleigh afterwards and before the time in which c. that is to say the 30th day of May in the yeer of the Reign of the Lady the Queen that now is had another issue of his Body lawfully begotten that is to say one John Chudleigh his second Son And the aforesaid Christo Chudleigh of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid being seized The said Christopher afterwards and before the within written time in which c. that is to say the first day of July in the yeer of the Reign of the Lady the Queen that now is the 6th by his writing indented sealed with his seal and to the Jurors aforesaid shewed in Evidence whose date is the said first day of July in the 6th yeer abovesaid And afterwards that is to say the â—th day of October in the yeer of the Reign of the said Lady the Queen that now is the 6th abovesaid before Robert Dennis Knight one of the 〈◊〉 of the said Lady the Queen for the County aforesaid and George 〈◊〉 Esquire Clerk of the Peace of the said County to be kept assigned â—s the deed of the said Christopher acknowleledged and according to the form of the Statute in such such case made and provided inrolled in consideration of 220. pound to him by one John Chichester Knight before then paid bargained and sold to the said John Chichester the Manor aforesaid with the Appurtenances whereof c. To have to hold to the said John Chichester his Heirs and Assigns forever to the only use and behoof of the said John Chichester his Heirs and Assigns for ever And that the aforesaid Christopher Chudleigh moreover before the within written time in which c. that is to say the 6th day of July in the yeer of the Reign of the said Lady the Queen that
now is the 6th abovesaid by his deed sealed with his Seal and to the Jurors aforesaid shewed in Evidence whose date is the said 6th day of July aforesaid of the Manor aforesaid with the Appurtenances whereof c. Enfeoffed the aforesaid John Chichester To have and to hold the said Manor with the Appurtenances whereof c. To the said John Chichester his Heirs and Assigns for ever to the only use and behoof of the said John Chichester his Heirs and Assigns for ever And by the said deed aforesaid The said Christopher granted for him and his Heirs That he and his Heirs the Manor aforesaid with the Appurtenances whereof c. to the aforesaid John Christopher his Heirs and Assigns to the only use and behooâ— of the said John Christopher his Heirs and Assigns against all Men would warrant and defend by the said deed as by the said deed more fully appeareth By virtue of which Fefeoffment and of which aforesaid Bargain and Sale the aforesaid John Chichester was seized of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth And so living thereof seized The aforesaid Christopher Chudleigh aftewards and before the within written time in which c. that is to say the first day of October in the yeer of the Reign of the Lady the Queen that now is the 12th dyed being the aforesaid Stretchly Chudleigh Eldest Son and Heir of the said Christopher and John Chudleigh his second Son And afterwards and before the time in which c. that is to say the 7th day of November in the yeer of the Reign of the said â—ady the Queen that now is the 13th The said Stretchley Chudleigh dyed without issue of his Body begotten the said John Chudleigh Brother and Heir of the said Strechley then living and in full life being that is to say at Tawstock aforesaid in the County aforesaid And that the aforesaid John Chudleigh after the death of the aforesaid Stretchley his Brother was and yet is Heir of the aforesaid Christopher Chudleigh his Father And the said John Chudleigh of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid being seized The said John Chichester before the within written time in which c. that is to say the 6th day of September in the yeer of the Reign of the said Lady the Queen that now is the 7th of the Manor aforesaid with the Appurtenances whereof c. enfeoffed one Philip Chichester Gentleman To have and to hold the said Manor with the Appurtenances whereof c. to the said Philip Chichester his Heirs and Assigns for ever to the only use of him the said Philip Chichester his Heirs and Assigns for ever By virtue of which Feoffment the said Philip Chichester was seized of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth And that the Close aforesaid with the Appurtenances in which c. is and the within written time in which c. as also from the whole time aforesaid was customary Land of the Manor aforesaid and demised and demisable by Copy of Court Roll of the Manor aforesaid by the Lord or his Steward of the Manor aforesaid for the time being to any person or persons who were willing to take the same for Term of Life or Lives at the will of the Lord according to the Custom of the Manor aforesaid And the aforesaid PHILIP Chichester of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth c. Being seized before the time within which c. That is to say the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is the 15th At the Court of his Manor aforesaid then holden at the said Manor of Hescot aforesaid of his own delivery the Close aforesaid with the Appurtenances amongst other things to the aforesaid John Frayne granted for the Term of his Life at the Will of the Lord according to the Custom of the Manor aforesaid By virtue of which grant the said John Frayne before the time in which c. entred and was thereof seized as the Law requireth c. And so thereof being seized the said John Chudley being Heir as before is said of the aforesaid Christopher Chudleigh before the within written time in which c. That is to say the 11th day of March in the yeer of the Reign of the Lady the Queen that now is the 28th in the Manor aforesaid with the Appurtenances whereof c. in and upon the possession of the aforesaid Philip Chichester thereof entred and was thereof possessed as the Law requireth c And so being possessed before the within written time in which c. that is to say the 11th day of March in the yeer of the Reign of the said Lady the Queen that now is Of the Manor aforesaid with the appurtenances whereof enfeoffed the aforesaid William Dillon To have and to hold that Manor with the Appurtenances whereof to the said William Dillon his Heirs and Assigns for ever By virtue of which Feoffment before the time in which c. The said William Dillon into the Close aforesaid with the Appurtenances in which c. in and upon the possession of the said John Frayne thereof entred and him the said John Frayne from his possession thereof expelled and amoved and was thereof seized as the Law requireth until the aforesaid John Frayne the within written 16th day of November into the Close within written with the Appurtenances in which c. in and upon the possession of the said William Dillon thereof entred and the Grasse then and there growing with the Gattel within written fed trod and consumed and continued the same from the aforesaid 16th day of November in the 29th yeer aforesaid until the within written 8th day of February the 30th yeer within written But whether upon the whole matter aforesaid in form aforesaid found the aforesaid John Frayne be guilty of the Trespasse within written or not the Jurors aforesaid are ignorant And thereupon pray the Advise and Discretion of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in and upon the possession of the aforesaid William Dillon thereof be not a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the said Frayne is guilty of the Trespasse within written as the aforesaid VVilliam Dillon above against him complaineth And then they assesse the Damages of the said VVilliam by occasion of that Trespasse above his costs and charges by him about his Sute in this part expended to 4. pence And for his costs and charges to 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here
to the value of 20. l. growing with certain cattel trod and consumed and other harms to him did to the grievous damage of him the said William Thoroughgood and against the Peace of the Lady the Queen that now is c. And whereupon The said William Thoroughgood by William Aylesbury Attorney complaineth That the aforesaid William Cole the 12th day of October in the year of the Reign of the Lady the Queen that now is the 23. with force and arms the Close and House of him the said William Thoroughgood at great Paringdon aforesaid brake and his grass to the value c. there late growing with certain cattel that is to say Horses Cows Hogs and Sheep fed trod and consumed the Trespass aforesaid as to the feeding treading and consuming of the grass aforesaid from the aforesaid 12th day of October in the 23th year abovesaid until the day of the bringing of this Writ Original of him the said William Thoroughgood that is to say the 6th day of November then next following diverse dayes and terms continuing and other harms c. To the grievous damage c. and against the Peace c. and whereupon he saith he is the worse and hath damage to the value of 40. l. and thereof he bringeth Sute c. And the aforesaid William Cole by Thomas Reynolds his Attorney cometh and defendeth the force and injury when c. And as to the coming with force and arms he saith That he is not guilty thereof and of this puts himself upon the Country and the aforesaid William Thoroughgood likewise And as to the rest of the Trespass aforesaid above supposed to be done The said William Cole saith That the aforesaid William Thoroughgood ought not to have his Action against him because he saith That the Close and House aforesaid as also the places in which it is supposed the Trespass aforesaid to be done are and at the time of the Trespass aforesaid above supposed to be done were one Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenement in great Paringdon aforesaid which Tenements with the apturtenances are and the aforesaid time of the Trespass aforesaid above-supposed to be done were the soyl and Freehold of him the said William Cole for which the aforesaid William the aforesaid time in which c. the Close and House aforesaid as his Close and soyl and Freehold of him the said William into the same Messuage and two Acres of Meadow with the appurtenances brake and the grass of him the said William Cole there of his own there growing with his Cattel did feed tread and consume as it was lawfull for him to do And this he is ready to aver whereupon he demandeth Judgemēt whether that the aforesaid Wil. Thoroughgood his action aforesaid against him ought to have c. And the aforesaid William Thoroughgood saith That he for any thing before alledged from having his Action aforesaid ought not to be barred because he saith That the Close and house and also the places in which the Trespass aforesaid whereof he above maketh complaint was are and at the time of the Trespass aforesaid done were one Messuage called Burrowes 8. Acres of Land called the great West field four Acres of Land called Diggins Holme and six Acres of Land called Grove field with the Appurtenances in great Paringdon aforesaid others then the aforesaid Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenements in the Bar of the aforesaid William Cole above specified and this he is ready to aver wherefore in as much as the said William Cole to the Trespass aforesaid in the Tenements aforesaid with the Appurtenances new assigned over doth not Answer the aforesaid William Thoroughgood demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole as to any Trespass in the aforesaid Tenements now assigned supposed to be done he saith That the aforesaid William Thoroughgood his action against him ought not to have because he saith That long before the aforesaid time of the Trespass aforesaid above supposed to be done That the aforesaid William Thoroughgood was seized of the said Tenements with the Appurtenances new assigned in his Demesn as of Fee and so thereof being sized before the aforesaid time in which c. A Fine was Levied in the Court of the Lady the Queen that now is here that is to say at Westminster in 8. days of St. Hillary in the 10th year of her Reign before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards from the day of Easter in 14. days then next following granted and recorded before the same Justices and other the Queens faithfull peuple then and there present between William Chicken and Elizabeth his wife Plaintiffs and the aforesaid William Thoroughgood and Agnes his wife Defendants of the Tenements aforesaid with the Appurtenances amongst other things by the names of one Messuage one Garden 45. Acres of Land 5. Acres of Meadow 10. Acres of Pasture and four Acres of Wood with the Appurtenances in great Paringdon and Avydon whereof a Plea of Covenant was sued between them in the said Court here That is to say that the aforesaid Will. Thoroughood Agnes his wife acknowledged the Tenements aforesaid to be the Right of the said VVilliam Chicken as those which the said VVilliam and Elizabeth had of the gift of the aforesaid VVilliam Thoroughgood and Agnes and them remised and quit claimed from them the said VVilliam Agnes and their Heirs to the aforesaid VVilliam Chicken and Elizabeth the Heirs of the said VVilliam forever which Fine in form aforesaid levied and had was levied to the use of the aforesaid William Chicken and Elizabeth and the Heirs of the said William forever By vertue of which Fine the aforesaid William Chicken and Elizabeth were seized of the Tenements aforesaid that is to say The said William Chicken in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for the term of her life And the said William and Elizabeth so thereof being seized before the aforesaid time in which c. Of the said Tenements with the Appurtenances enfeoffed one Edward Turner Esauire To have to him and his Heirs for ever By vertue of which Feoffment the aforesaid Edward was of the Tenements aforesaid with the Appurtenances seized in his Demesn of Fee By which the said William Cole as servant to the said Edward and by his Commandment the aforesaid tim in which c. the Close and House aforesaid as the Close and House soyl and Freehold of the said Edward his own brake and the grass aforesaid as the proper grass of him the said Edward in the Tenements aforesaid with the Appurtenances new assigned then growing with his Cattel aforesaid fed trod and consumed as it was lawfull for him to do And this he is ready to aver whereupon he
demandeth Judgement if the aforesaid William Thoroughgood his Action aforesaid against him ought to have c. And the aforesaid William Thoroughgood as to the aforesaid Plea of the aforesaid VVilliam Cole to the Trespass aforesaid in the Tenements aforesaid with the appurtenances of new Assignment done above in Bar thereof pleaded saith That he for any thing in the said Plea before alledgeth from the having his action aforesaid ought not to be barred Because he saith That the aforesaid Fine was had and levied to the use and behoof of the aforesaid VVilliam Chicken and Elizabeth and the heirs of the said VVilliam upon the Condition that the aforesaid VVilliam Chicken and Elizabeth and the Heirs and Assigns of the said VVilliam Chicken well and truly should deliver and pay to the said VVilliam Thoroughgood and Agnes and their Executors and Assigns 8 l. of good and lawfull money of England and four Quarters of Malt at the Mansion house called Barrowes in Paringdon aforesaid yearly during the natural lives of them the said VVilliam Thoroughgood and Agnes and the longer liver of them at the Feast of St. Michael the Archangel and the Feast of the Anunciation of the blessed Mary the Virgin by equal portions and also upon condition That the aforesaid VVilliam Chicken and Elizabeth and their Heirs or Assigns should pay to the said VVilliam Thoroughgood and Agnes their Executors Administrators or assigns 76. l. 13. s. and 4. d. of like lawfull money of England at the aforesaid Mansion house called Barrows in form following that is to say at the Feast of St. Michael the Archangel in the year of our Lord God 1568. three pound six shillings eight pence and so at the Feast of St. Michael the Archangels at the Mansion House aforesaid three pound six shillings eight pence yearly untill the aforesaid summ of seventy six pound 13. s. and 4. d. should be fully satisfied and paid and for the not payment doing and performing of the aforesaid Conditions according to the true intents and meanings of the same Condition the aforesaid Fine and other the conveyance aforesaid to be made were to the use and behoof of them the said William Thoroughgood and Agnes as in their former estate by colour of which Fine the aforesaid VVilliam Chicken and Elizabeth were seized of the Tenements aforesaid with the Apurtenances of new assigned amongst other things that is to say the aforesaid VVilliam in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for term of her life upon the Conditions aforesaid And further the said VVilliam Thoroughgood by Protestation that the said William Chicken and Elizabeth did not pay do or perform any thing according to the form and effect of the Conditions aforesaid For Plea saith That the aforesaid William Chicken and Elizabeth or either of them did not pay or either of them pay to the said William Thoroughgood and Agnes or either of them 3. l. 6s 8d of good and lawful money of England at the Feast of St. Michael the Archangel on the year of the Reign of the said Lady the Queen that now is the 18th Which to them at the said Feast of St. Michael they ought to have paid according to the form and effect of the aforesaid first Condition by which the aforesaid William Thoroughgood by vertue of the Fine aforesaid and by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at VVestminster the fourth day of February in the year of his Reign the 27th holden made and provided of transferring uses in possession was seized of the Tenements aforesaid with the Appurtenances of new assigned amongst other things in his Demesn as of Fee and in the Tenements aforesaid of new assigned entred and the aforesaid William Cole the day and year in the Declaration aforesaid above specified with force and Arms c. the Close and House of him the said William Thoroughgood in the aforesaid Tenements of new assigned broke and the grass aforesaid there then growing with his cattel aforesaid was fed trod and consumed as he the said William against him complaineth and this he is ready to aver Wherefore in as much as the said William Cole doth acknowledge the Trespass aforesaid in the same Tenements of new assigned done as abovesaid The said William Thoroughgood demandeth Judgement his damages by the occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole by Protestation That the Fine aforesad was not levyed to the use of the said William Chicken and Elizabeth upon the Conditions aforesaid as the aforesaid William Thoroughgood above alledgeth For Plea saith That after the Fine aforesaid Levied that is to say the second day of September in the year of the Reign of the Lady the Queen that now is the 18th at Great Paringdon aforesaid the aforesaid VVilliam Thoroughgood by his Writing of the Lease which the said VVilliam Cole with the Seal of the said VVilliam Thoroughgood Sealed here in Court brings whose Date is the same day and year by the name of VVilliam Thoroughgood of Hansdon in the County of Hertford Yeoman Remised Released and for him and his Heirs for ever quit claimed to the aforesaid VVilliam Chicken by the name of William Chicken of Hansdon aforesaid Yeoman All and all manner of Conditions Entries for Conditions broken and demands whatsoever from the beginning of the World unto the day of the Date of the said Writing of Release and this he is ready to aver whereupon as at first he demandeth Judgement and that the aforesaid William Thoroughgood be barred from having his Action aforesaid against him c. and the aforesaid William Thoroughgood saith That he is a Layman and unlearned and that at the time of the making of the Writing of Release supposed to be done divers arrerages of the aforesaid yeerly payments above recited in form aforesaid to be paid were behind and that the aforesaid Writing of Release was then read and declared to him as a Writing of Acquittance of all arrerages of monies to him in form aforesaid to be paid then to the said William Thoroughgood being behind and not paid only By which the said William Thoroughgood believing that Writing to be a Writing of Acquittance of the arrerages of the monies aforesaid only sealed and delivered the said Writing to the aforesaid William Chicken and said William Thoroughgood saith That the said Writing in Court here brought containing in self him the said William Thoroughgood to have Remised Released and for him and his He is for ever quit claimed to the aforesaid VViliam Chicken all and all manner of Conditions Entries for Conditions broken and Demands whatsoever from the beginning of the world until the day of the date of the said Writing of Release is not his Deed And he prayeth that this may be enquired of by the Country And the aforesaid William Cole likewise Therefore it is commanded
done are and the aforesaid time in which it is supposed the Trespass aforesaid to be done were 10. Acres of Land called Bromfield with the appurtenances in Marton aforesaid which 10. acres of Land with the appurtenances are the Soil and Freehold of the said Christopher And that the said Christopher the aforesaid time in which c. the Close aforesaid as his own Close Soil and Freehold of him the said Christopher in the said 10. acres of Lands with the appurtenances brake and the Corn there as his own Corn there growing in the aforesaid 10. acres with the Appurtenances as in his own Soil and Freehold there trod and consumed as it was lawful for him to do and this he is ready to aver Whereupon he demandeth Judgement if the aforesaid Anthony his Action aforesaid against him ought to have c. And the aforesaid Anthony saith that he by any thing before alleged ought not to be barred from having his Action aforesaid Because he saith That the Close aforesaid as also the places in which the Trespass aforesaid above complaineed of was done are and the time aforesaid of the Trespass aforesaid done were 4. acres of Land with the Appurtenances called Scarhill Set and VVatersey Mire in Marton aforesaid others than the aforesaid 10. acres of Lands called Bromfield with the Appurtenances in the Bar of the said Christopher above specified And this he is ready to aver Wherefore in as much as the aforesaid Christopher to the Trespass aforesaid in the aforesaid 4. acres of Lands with the Appurtenances above new assigned done doth not answer The said Anthony demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid Christopher as to any Trespass in the aforesaid 4. acres of Land with the appurtenances new assigned above supposed to be done saith that he thereof is not guilty as the aforesaid Anthony against him complaineth And of this puts himself upon the Country And the aforesaid Anthony likewise Therefore it is commanded to the Sheriff That he cause to come here in the Morrow of the Holy Trinity 12. c. by whom c. And who neither c. To Recognize c. Because as well c. At which day here come the parties And the Sheriff sent not the Writ c. Therfore as at first it is commanded to the Sheriff That he cause to come here from the Holy Trinity in 3. Weeks 12. c. To Recognize in form aforesaid c. At which day the Jurors between the parties aforesaid of the aforesaid Plea between them were put in respite here until this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to take Assizes in the County aforesaid assigned by the form of the Statute c. Upon Monday the 14th day of July last past at the Castle of York in the said County should first come And now here at this day come as well the aforesaid Anthony as the aforesaid Christopher by their Attornies aforesaid and the aforesaid Justices to Assizes before whom c. sent here their Record in these words Afterwards the day and place within written within contained before John Clench one of the Justices of the Lady the Queen to Pleas before the Queen her self to be holden assigned And Shomas Walmesly one of the Justices of the said lady the Queen of the Bench Justices of the said Lady the Queen to Assizes in the County of York to be taken assigned by the form of the Statute c. came as well the within named Anthony Baldwin as the aforesaid within written Christopher Marton by their Attornies within mentioned And the Jurors of the Jury whereof within is made mention some of them that is to say William VVharton of Dunkeswick Gentleman Adam VVyre of Ayrton Yeoman John Brown of Pathorn Yeoman Ralph VValker of Bolton Gentleman Thomas Preston of Whengille Yeoman and Henry Laycock of Felliface Yeoman come And the Jurors aforesaid are sworn And because that the rest of the Jurors of that Jury did not appear Therefore others of the Standers by to this chosen by the Sheriff of the County aforesaid are at the request of the said Anthony and by the Commandment of the Justices new added whose names to the Pannel within written are filed according to the form of the Statute in such case made and provided And the Jurors so a new added now appearing that is to say Gabriel Green William Newby John Hawton John Brorcey John Craven and WILLIAM RICHARDSON come who to say the truth of the within contained together with theother Jurors aforesaid first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done The aforesaid 4. acres of Land with the Appurtenances in which c. were parcel of the possessions of the late Monastery or Priory of Bolton in Craven and that one Richard late Prior of the Priory or Monastery aforesaid was seized of one Tenement Messuage or Farm called Vngthorpe in the Parish of Marton in Craven whereof the aforesaid four Acres of Land with the Appurtenances within new assigned are and the within written time in which c. were parcel in his Demesn as of Fee in the Right of his Monastery aforesaid and so thereof being seized The said late Prior with the assent of the Covent of the same place the 26. day of December in the year of the Reign of the Lord Henry late King of England the 8th the 25th By an Indenture sealed with the Common Seal of the aforesaid Prior and Covent to the Jurors in evidence shewed demised the aforesaid Tenement Messuage and Farm whereof the within written 40. Acres of Land with the appurtenances then were and yet are parcel to one Hugh Baldwin and Agnes his Wife To have and to hold to the said Hugh Baldwin and his Assigns from the date of the Indenture aforesaid unto the end and term of 31. years fully to be ended By vertue of which Demise The said Hugh and Agnes in the aforesaid four Acres of Land with the appurtenances in which c. entred and were thereof possessed the Reversion thereof to the aforesaid Prior and his Successors And the aforesaid Hugh and Agnes of the aforesaid four Acres of Lands with the appurtenances in which c. for the Term aforesaid being possessed the Reversion thereof to the aforelate Prior in form aforesaid ezpectant By a certain Act in Parliament of the said late King Henry the 8th at Westminster in the County of Middlesex the 28th day of April in the 31. year of his Reign begun and continued until the 28th day of June then next following and there then holden amongst other things it is Ordained and established by the said late King and the Lords Spiritual and Temporal and the Commons in the said Parliament
by these presents covenanteth granteth demiseth and letteth to Farm to the said Agnes and Anthony and to the Heirs of the same Anthony The said Tenement Mese or Farm called Vngthorp in the Parish of Marton in Craven in the County of York together with the Closures Feedings Pastures arable Lands Meadows Woods Waters Common of Pasture in the Moors of East and West Marton Common of Turbury with free passage to and fro the same Common of Easton to a Ground or Meadow called Tadholm lying in the demesn Closes of Marton Hall and all Houses Barns Boons and Buildings to the same Tenement or Farm called Vngthorp belonging or in any wise heretofore appertaining now and of old time being of the only yeerly Rent of 53. shillings and 4. pence To have and to hold the same Tenement or Farm called Vngthorp with all singular the premises with the Appurtenances to the same Agnes and Anthony and to the Heirs of the same Anthony from the date hereof to the end and Term of 99. yeers next and immediately following and fully to be compleat and ended and so from 99. yeers to 99. yeers until such time as 300. yeers be spent fully finished and expired without impeachment of any manner of Waste in and as ample free and large manner as ever Nicholas Simson Hugh Baldwin and the said Agnes Baldwin or any other Tenant or Farmer of the said Tenant or Mease of Vngthorp with all the singular the premises with the Appurtenances ever occupied or might have occupied the same without interruption let disturbance denial contradiction or resistance of the same Earl or of his Heirs and Assigns or of any other Officer Farmer or Farmers of the same Earls of the Manor or Capital Mese called Marton Hall for the time being or of any other at or by Will Assent Consent or furtherance of the same Earl his Heirs and Assigns And further the said Agnes and Anthony Covenanteth and Granteth by these presents for them and the Heirs of the said Anthony to and with the same Earl that they the same Agnes and Anthony and the Heirs of the same Anthony shall yeerly during the said Term at the Feast of Saint Michael the Archangel and within 40. dayes after for certain urgent considerations content and pay or cause to be contented and paid to the said Earl his Heirs and Assigns as well a Penny separately by it self as 5. shillings 4. pence Sterling in a grosse and intire sum if it be asked for the which payment of the said single Penny and of the said 5. shil 4. pence The said Earl covenanteth granteth for him his Heirs Assigns to and with the said Agnes and Anthony to discharge save harmless from time to time all the said Land and Tenements And the said Agnes and Anthony and the Heirs of the same Anthony as well of and from the payment of the said penny as for the payment of the sum of 4. shillings 4. pence as of all other Sutes Exactions Boons Gressions Fines Customs and all other Impositions or Demands whatsoever they be concerning the same Messuage or Tenement called Vngthorp and all other the premises with the Appurtenances during the said Term now granted or any time hereafter by force of this Indenture to be granted by the Earl and his Heirs as well against our Sovereign Lord the King and his Heirs as against all other person or persons whatsoever they be And further the said Earl covenanteth to and with the said Agnes and Anthony by these presents That the said Earl his Heirs and Assigns shall at the end and Term of 300 yeers make or cause to be made to the Heirs or Assigns of the said Anthony a like Demise and Lease of the said Messuage or Tenement and all other the premises with the Appurtenances if it be asked for so many more yeers as is contained in this Lease And the same Lease to be of like force effect and strength in the Law as this present is without any Covin Fraud Collusion Denyer or male Engine but truly and faithfully according to the true puport and meaning of these presents In witnesse whereof the parties abovesaid to these Indentures interchangeably have set their Seals the day and yeer abovesaid And the said Jurors further say upon their Oath That no licence or seisin of the Tenements aforesaid or any part thereof was delivered to the aforesaid Agnes Anthony or to any of them upon the Indenture aforesaid And that the aforesaid Agnes and Anthony had held the Tenement Mese and Farm aforesaid with the Appurtenances whereof the aforesaid 4. acres with the Appurtenances in which c. are and then were parcel as the Law in this case requireth And the said Agnes and Anthony so having and holding the Tenement Messuage and Farm aforesaid with the Appurtenances whereof the 4. acres in which c. are and then were parcel the said Agnes the last day of October in the yeer of the Reign of the said Lady the Queen that now is the 5th at Marton aforesaid in the County aforesaid dyed And the aforesaid Anthony her overlived and continued the possession of the Tenements Messuage and farm aforesaid with the Appurtenances whereof the aforesaid 4. acres of Land with the Appurtenances in which c. are parcel and took the profits thereof and had occupied and held the Tenement Messuage and Farm aforesaid whereof the aforesaid 4. acres of Land with the Appurtenances in which c. with the Appurtenances are parcel of such estate and interest as the Law in this case requireth And he having occupying and holding the Tenement Messuage and Farm aforesaid whereof the within written 4. acres of Land are parcel The aforesaid Henry late Earl of Cumberland dyed having issue George now Earl of Cumberland his Son and Heir And the said George Earl of Cumberland entred into the Tenements aforesaid And afterwards that is to say the 17th day of April in the yeer of the Reign of the said Lady the Queen that now is the 24th enfeoffed the aforesaid Christopher Marton of the aforesaid 4. acres of Land with the Appurtenances To have to the said Christopher and his Heirs for ever And that the aforesaid Anthony at the time of the making of the Feoffment aforesaid and after that Feoffment made hitherto continued possession as well of the aforesaid 4. acres of Land with the Appurtenances as of the Messuage and rest of the Tenements and Farm aforesaid But yet the Jurors further say That before the Feoffment aforesaid the aforesaid Rent to the aforesaid Henry late Earl of Cumberland and his Heirs by the Indenture aforesaid granted as well to the aforesaid Henry Earl of Cumberland in his life and after the death of him the said late Earl to the aforesaid George now Earl of Cumberland as to the aforesaid Christopher Marton after the Feoffment aforesaid by the aforesaid Anthony was paid And the said Jurors further say upon their Oath
afore of new are added whose names in the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurrors so new added that is to say George Snell John Barnacott John Shate George Slade William Killard and Christopher Cheek being called likewise came who to say the truth of the within contained together with the other Jurors aforesaid first impanelled and sworn chosen tryed sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done one Joh. Arundell Esq was seized of the TenemeÌ„ts within written with their AppurtenaÌ„ces in which it is supposed the Trespass within written to be done in his demesn as of fee so therof being seized Afterwards before the within written time in which c. that is to say the third day of July in the year of the Reign of the Lord Henry late King of England the 8th the 30th Demised to one John Tooker and to the within named Will. Rud the Tenement within written with the Appurtenances in which c. amongst other things To have and to hold to the said John Tooker and William Rud for the term of their lives and the life of the longest liver of them the said John and William By vertue of which Demise the said John Tooker and William Rud were seized of the Tenements within written with the Appurtenances in which c. in their Demesn as of Freehold for the term of the lives of them the said John and William and the longest liver of them and so being thereof seized and the said John Arundel of the Reversion of the Tenements within written with the Appurtenances in which c. being seized the said John Arundel afterwards and within the time in which c. At Morthoe within written of such estate died seized after whose death the Reversion of the Tenements aforesaid with the Appurtenances in which c. amongst other things descended to one John Arundel Knight as Son and Heir of the aforesaid John Arundel By which the said John Arundel Knight was seized of the aforesaid Reversion of the Tenements within written with the Appurtenances in which c. in his Demesn as of Fee and so thereof being seized afterwards and before the within written time in which c. that is to say the 20th day of September in the year of the Reign of the said Lady the Queen that now is the 10th At Morthoe within written by his writing Indented one part of which sealed with the Seal of the said John Arundel Knight was shewed to the said Jurors in evidence whose date is the same day and year granâ—ed the Reversion of the Tenements within written with the Appurtenances in which c. amongst other things to the same Edward Tooker for the term of his life when after death surrender or forfeiture of the aforesaid John Tooker and William Rud it should happen as by the said Writing Indented amongst other things more fully appeareth To which grant of the Reversion of the Tenements within written with the Appurtenances in which c. amongst other things to the same Edward by the aforesaid John Arundel Knight in form aforesaid made the aforesaid John Tooker being Tenant of the Tenements aforesaid within written with the Appurtenances in which c. for the term of his life joyntly with the aforesaid William Rud afterwards and before the within written time in which c. At Morthoe within written to the aforesaid Edward thereof Attorned and agreed By colour of which Grant of the Reversion aforesaid and of the Attornment and Agreement aforesaid the aforesaid Edward was seized of the Reversion of the Tenements within written with the Appurtenances in which c. as the Law requireth as of Freehold for the term of his life and so thereof being seized and the aforesaid John Tooker and William Rud of the Tenements within written with the Appurtenances in which c. amongst other things being seized The said John Tooker afterwards and before the within written time in which c. that is to say the 14th day of December in the year of the Reign of the said Lady the Queen that now is the 31th at Morthoe aforesaid made to the said Edward Tooker a certain Writing of Surrender of the Tenements within written with the Appurtenances in which c. amongst other things which to the Jurors aforesaid was shewed the Tenor of which followeth in these words To all Christian people to whom this present writing shall come I John Tooker of Morthoe in the County of Devon Yeoman sendeth greeting in our Lord God everlasting Whereas I the said John Tooker and William Rud do hold joyntly for term of their lives and the life of the longest liver of them All the Capital Messuage and Lands Tenements and Hereditaments called Barton Lands in the Mannor of Sprecombe or parcel of the said Mannor and all those Lands Tenements and Hereditaments with the Appurtenances in Hokesmil with the Pasture of Hokeswood and Common of Pasture upon Hokesdown parcel of the said Mannor of the Demise and grant of John Arundel Esquire as by the Deed of Demise and Grant thereof made by the said John Arundel at large and plainly it doth and may appear Now know ye that the said John Tooker for divers and sundry causes and considerations him moving doth by these presents suâ—render and yield up unto Edward Tooker the son of the said John Tooker to whom the Reversion of all and singular the premises is granted and doth belong or the term of the life of the said Edward All his Estate Title and Interest in and to the premises and in and to every part and parcel thereof in as large and ample manner as he the said John Tooker can or may surrender the same In Witness whereof the said John Tooker to these presents hath set his Seal Given the 14th day of December in the 31th yeer of the Reign of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland defender of the Faith c. And further the said Jurors say upon their Oath aforesaid That the aforesaid John Tooker afterwards and before the within written time in which c. At Morthoe aforesaid dyed And that the said Edward afterwards that is to say the within written first day of April in the yeer of the Reign of the said Lady the Queen that now is the 36th aforesaid claiming to have and occupy the Tenements within written with the Appurtenances in which in Common with the said William Rud by virtue of the aforesaid Writing of Surrender by the aforesaid John Tooker in form aforesaid made into the Tenements aforesaid with the Appurtenances in which c. entred and the Grass within written to the value c. in the Close aforesaid then growing with the Cattel within written fed trod and Consumed as the aforesaid William Rud
said VVilliam take nothing by his Bill aforesaid but for his false clamour he be in Mercy c. And the aforesaid Edward go thereof without day c. TRESPAS Trinity Term Anno 70. of King JAMES Rot. 2612. in the COMMON-PLEAS C. 9. part The Earl of Shrewesburies Case fol. 42. RObert Spencer late of Maunsfield in the County aforesaid Esquire and Brownl Thomas Woodward late of Maunsfield in the Couty aforesaid Gentleman were attached to Answer to Roger Earl of Rutland of a Plea Wherefore Whereas The Lady Elizabeth late Queen of England the 14th day of July in the 42th yeer of her Reign at Westminster in the County of Middlesex By her Letters Patents sealed with the Great Seal of England had given and granted to the said Earl from the time of the full age of the said Earl of 21. years To the Term and for and during the Term of his natural life The Office of Steward of the Lordships or Manors of her the late Queen of Maunsfield in the County aforesaid and Bolsover and Horseley in the County of Derby with the Wages Fees to the said Office anciently due and accustomed To have and yeerly to receive the said Wages during the Term aforesaid of the Issues Profits Farms and Revenews of the aforesaid Lordships or Manors by the Hands of the Farmers Receivers or any other Occupiers thereof for the time being at the Feasts of St. Michael the Archangel and Easter by equal portions Together with all other Profits Rights Commodities Jurisdictions Privileges Preheminences and Emoluments to the said Offices arising or in any wayes belonging And whereas the said Earl before the making of the said Letters Patents that is to say the 19th day of November in the yeer of the Reign of the aforesaid late Queen the 40th had attained unto his full age of 21 years and by virtue of the Letters Patents aforesaid was seized of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of Freehold for the Term of his life And the same Offine from the aforesaid 14th day of June in the yeer of the said Lady the Queen the 42th aforesaid for one whole year then next after well and faithfully had executed and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield of old due and accustomed by that time had had and received The aforesaid Robert and Thomas intending manifoldly to molest him the said Earl and him the said ' Earl to disturb from the Execution of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield and him the said Earl of the Wages Fees and Profits which by reason of the execution of the said Office which he could and might of Right to have and receive wholy to frustrate and hinder of his own wrong without any Right of lawful authority without the leave of the said Earl the 16th day of February in the year of the Reign of the said late Queen the 44th at Maunsfield aforesaid The aforesaid Office of Steward of the aforesaid Manor of Maunsfield aforesaid exercised and from thence hitherto do exercise and occupie and all and singular the Wages Fees Commodities and Profits to the said Office due and by reason of the exercising of the Office aforesaid within the Manor aforesaid of right belonging to their own proper use had and received and the said Eearl to exercise the said Office within the aforesaid Manor aforesaid and the Wages Fees Commodities and Profits to the said Office of right to have and receive with force and Arms then and there hindered and yet do hinder and other harms to him did to the great damage of him the said Earl and against the peace of the said Lord the King that now is c. And whereupon the said Earl by John Muscott his Attorny complaineth for that whereas the aforesaid late Queen the 14th day of June in the year of the Reign the 42th abovesaid at VVestminster aforesaid by her aforesaid Letters Patents which the said Earl under the great Seal of England Sealed here in Court bringeth whose date is the same day and year had given and granted unto the said Earl from the time of the full age of the said Earl of 21 years to the term and for and during the whole term of the natural life of him the said Earl the aforesaid Offices of Steward of the aforesaid Lorsships or Manors of the aforesaid late Queen of Maunsfield Bolsover and Horsley with the Wages and Fees to the said Offices of old due and accustomed to have and receive yearly the said Wages during the term aforesaid of the Issues Profits Farms and Revenues of the said Lordships or Manors by the hand of the Farmers Receivers or other Occupiers of the same for the time being at the aforesaid Feast of Saint Michael the Arch-Angel and Easter by equal portions tegether with all other Profits Rights Commodities Jurisdictions Privileges Appurtenances Emoluments to the said Offices belonging or any waies appertaining and whereas the said Earl before the making of the aforesaid Letters Patents that is to say the 19th day of November in the year of the Reign of the aforesaid late Queen the 40th aforesaid had attained unto his full age of 21. years and by virtue of the Letters Patents aforesaid was seised of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of his free-hold for the term of his life and that Office from the aforesaid 14th day of June in the year of the Reign of the aforesaid late Queen the 42th abovesaid for one whole year then next following well and truly had exercised and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield from of old due and accustomed for that time had had and received the aforesaid Robert and Thomas endevoring him the said Easl from the exercising of the said Office of Steward of the aforesaid Manor of Mauasfield greatly to disturb the said Earl of the Wages Fees Profits that is to say of 100. s. yearly to be paid for the exercising of the afores office of Steward of the the ancient Fees due for the entring of playnts and pleas for Coppies of Court Rolls for Replevins for proving of Wills for granting of administrations of all persons whatsoever dying within the aforesaid Manor of Maunsfield for the entring of surrendors and admission of all Tenants whatsoever of the aforesaid Manor of Maunsfield for the Entry of of the Fealty of all Tenants of the said Manor of Maunsfield which of right he ought or might have and receive utterly to frustrate and hinder of his own wrong without any right or Lawfull authority without the leave of him the said Earl the aforesaid 16. day of February in the yeer of the Reign of the said late Queen the 42th abovesaid at Maunsfield aforesaid the aforesaid Office of Steward of the said Manor of
of the same Earl of Rutland from the Treasury of us our Heirs and Successors at the Receipt of our Exchequer arising by the Hands of our Treasurer and Chamberlains or any of them for the time being or from our Meadows near the Castle of Notington aforesaid called the Kings Meadows and of the profits of Pannage and Herbage of our Park of Beskwood as also of all the Rents and profits of the Forest aforesaid coming oâ— growing by the Hands of the Bayliffs Farmers Receivers or other Occupiers of the said Meadows out of the Rents and profits aforesaid or any of them for the time being at the Feasts aforesaid by equal portions We also give and for us our Heirs and Successors we grant to the said Roger Earl of Rutland from the time and full age of 21. years of the same Earl to the Term and for and during the whole Term of the natural life of the same Roger Earl of Rutland The Office of Steward of our Lordships or Manors of Maunsfield Bolsover and Horseley with the Wages and Fees to the said Office of old due and accustomed to be taken To have and yearly to take the said Wages during the Term aforesaid of the Issues Profits Farms and Revenews of the said our Lordships or Manors of Maunsfield Bolsover and Horseley or any of them by the Hands of the Farmer Receivers or other Occupiers of the same or any of them for the time being at the said Feasts of Saint Michael the Archangel and Easter by equal portion together with all other Profits Rights Commodities Jurisdictions Privileges Preheminences and Emoluments to all and singular the said Offices with other the pâ—emises or any of them coming or any wayes belonging and as fully freely and wholy and in as ample manner and form as Thomas Manners Knight or John Manners Esquire or John late Earl of Rutland or before in Edward late Earl of Rutland deceased or before them Thomas and Henry late Earls of Rutland deceased Anthony Brown or Richard Southwell Knights deceased or any other or other Officer or Officers aforesaid or any of them before this time occupied had and perceived or ought to have had and received in and for the same or any of them And moreover of our further Grace certain Knowledge and meer Motion we have given and granted and by these for us our Heirs and Successors we give and grant to the aforesaid Roger Earl of Rutland The Office of Keeper of our Park of Nottingham with all and singular Wages Fees Profits Commodities and Emoluments whatsoever to the Office aforesaid due and accustomed or belonging in as ample manner and form as the aforesaid Thomas Manners Knight or John Manners Esquire or the aforesaid John or Edward late Earls of Rutland now deceased or before them one Richard Manners or Francis Leak Knight now deceased or any other or others Officer or Offices aforesaid exercised had and took To have use and exercise the Office aforesaid to the said Roger Earl of Rutland by him or his sufficient Deputy or Deputies from the time of the full age of 21. years of the same Earl to the Term and for and during the whole Term of the natural life of the said Roger Earl of Rutland together with the Wages Fees Profits Commodities Advantage and Emoluments whatsoever to the said Office of old due and accustomed or part or by reason thereof by any person whatsoever before taken and had by the Hands of the Receivers Farmers Bayliffs Occupiers or our Officers for the time being of the Issues Revenews and Profits of the same at the Feasts of Easter and Saint Michael the Archangel by equal portions to be paid Which Offices and Fees and all and singular the premises above by these presents given and granted by our Letters Patents under our Great Seal of England made bearing date at Westminster the 23th day of July in the year of our Reign the 23th to one John Manners Esquire during the minority of the aforesaid Roger Earl of Rutland lately were given and granâ—ed Which Ro. Earl of Rutland is now of full age as we have certain Knowledge Willing and also firmly enjoyning and coÌ„manding by these presents to all and singular our Officers Ministers and Subjects as well within Liberties as without by the Tenor of these presents That to the said Roger Earl of Rutland and to his Deputy or Deputies in all the premises to be done executed they be aiding assisting as it ought to be Notwithstanding that express mention of the true yearly value or of the certainty of the premises or any of them or of other gifts or gants by us or by any of our Progenitors to the aforesaid Roger Earl of Rutland before this time made are not in being or any other Statute Act Ordinance Provision or Restraint to the contrary thereof before this had made done ordained or provided or any other thing cause or matter whatsoever in any wise notwithstanding In witness whereof we have caused these our Letters to be made Patents Witness my self at Westminster the 14th day of June in the yeer of our Reign the 42th And that the said Roger Earl of Rutland before the making of the said Letters Patents that is to say the 10th day of November in the year of the Reign of the aforesaid late Queen the 40th came unto his full age of 21. years By virtue of which Letters Patents aforesaid he was seised of the aforesaid Office of Sâ—eward of the Manor of Maunsfield aforesaid in the Declaration above specified as of Freehold for the Term of his life and that the aforesaid Roger Earl of Rutland at the time of the making of the said Letters Patents did exercise the Office of Steward of the aforesaid Manor of Maunsfield in the Declaration aforesaid mentioned by his Deputies and not by himself in his own person And that afterwards that is to say the 17th day of December in the year of the Reign of the said late Queen Elizabeth the 44th The said late Lady the Queen of the said Manor of Maunsfield sO as before is said being seised By her Letters Patents under the Great Seal of England sealed bearing date the same day and year and to the Jurors aforesaid in Evidence shewed had granted the aforesaid Manor of Maunsfield amongst other things to William Hamond and Ralph Catterell To have and to hold the aforesaid Manor of Maunsfield with the Appurtenances to the aforesaid William Hamond and Ralph Cotterell their Heirs and Assigns for ever By virtue of which the aforesaid William Hamond and Ralph Cotterell into the aforesaid Manor of Maunsfield with the Appurtenances entred and were thereof seised in their Demesn as of Fee And that the aforesaid William Hamond and Ralph Cotterell so thereof being seised Afterwards that is to say the 23th day of January in the year of the Reign of the Lady Elizabeth late Queen of England the 44th abovesaid By their certain Indenture bearing date the
same day and year and afterwards that is to say the 27th day of the same Moneth of January in the year 44th aforesaid before the said Lady the Queen in her Chancery of Record inrolled for and in Consideration of 10. shillings to the said William and Ralph By the Right Honourable Gilbert Earl of Shrewesbury and Mary his Wife paid granted aliened bargained and sold the aforesaid Manor of Maunsfield with the Appurtenances to the aforesaid Earl of Shrewesbury and Mary his Wife To have and to hold the said Manor with the Appurtenances to the aforesaid Earl of Shrewesbury and Countesse and to their Heirs for ever By virtue of which as also by force of an Act in Parliament of the Lord Henry late King of England the 8th in the year of his Reign the 27th holden made the aforesaid Earl of Shrewesbury and Countess were of the aforesaid Manor of Maunsfield with their Appurtenances seised in their Demesn as of Fee And the Jurors further say upon their Oath aforesaid That the aforesaid Earl of Shrewesbury and Countess so as before is said being seised Afterwards that is to say the 16th day of February in the yeer of the Reign of the said late Queen the 44th in the Declaration above specified One Simon Stern then being Deputie of the aforesaid Earl of Rutland for the exercising the said Office of Steward of the aforesaid Manor of Maunsfield came to the Town of Maunsfield to the usual place there where the Court of the Manor of Maunsfield aforesaid was commonly holden and kept to keep the Court Baron of the said Manor of Maunsfield aforesaid And the aforesaid Thomas Woodward came thither to keep the Court of the said Manor as Steward for the aforesaid Gilbert Earl of Shrewsbury and that the aforesaid Thomas Woodward as Steward of the aforesaid Earl of Shrewsbury and the aforesaid Simon Stern as Deputy of the aforesaid Earl of Rutland to the place aforesaid both together came And the said Simon Stern as Deputy of the said Earl of Rutland Commanded the Bayliff of the same Manor to make Proclamation for the holding of the Court Baron of the said Manor by him the said Simon Stern as Deputy of the aforesaid Earl of Rutland then to be holden And the aforesaid Thomas VVoodward as Steward of the aforesaid Earl of Shrewsbury likewise Commanded the Bayliff of that Manor that he make Proclamation for the holding of the Court Baron of the Manor aforesaid by him the said Thomas VVoodward as Steward of the aforesaid Earl of Shrewsbury But no Court then was holden but by the said Thomas VVoodward it was then adjorned And from thence until the bringing of the aforesaid Original Writ The aforesaid Thomas VVoodward and Steward of the aforesaid Gilbert Earl of Shrewsbury kept the Courts of the Manor aforesaid and allwayes from thence he the said Thomas Woodward and the aforesaid Robert Spencer Received all the Fees belonging to the Steward there as they became due And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It sahll seem to the Court here that the aforesaid Robert Spencer and Thomas VVoodward are guilty of the Trespass within written Then the Jurors say upon their Oath aforesaid That the aforesaid Robert Spencer and Thomas Woodward are guilty of the Trespasse within written as the said Roger Earl of Rutland within against them complaineth And then they assesse the Damages of the said Roger Earl of Rutland above his costs and charges by him about his Sute in this behalf expended to Forty pound and for his costs and charges to Twelve pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid Robert Spencer and Thomas Woodward are not guilty of the Trespasse within written Then the Jurors say upon their Oath aforesaid That the aforesaid Robert Spencer and Thomas Woodward are not guilty of the Trespass within written as the said Robert and Thomas within have alleged And because c. TRESPAS Michaelmass Term Anno 10. of King JAMES Rot. 574. in the KINGS-BENCH Co. 10. part The Case of Suttons Hospital Fol. 1. MEmorandum that at another time that is to say Trinity Term Middle past before the Lord the King at Westminster come Simon Baxter Gent. by George Cuppledick his Attorney and brought here in the Court of the said Lord the King then and there his Bill against Richard Sutton Esq and John Law Gentleman in the custody of the Marshal of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss Middlesex ss Simon Baxter Gentleman complaineth of Richard Sutton and John Law in the Custody of the Marshal of the Marshalsey being before the King himself For that That they The 30th day of May in the year of the Reign of the Lord JAMES now King of England the 10th with force and Arms the Close and House of him the said Simon that is to say A Capital Messuage with the Appurtenances called The late dissolved Charter-House besides Smith-Field at the Parish of Saint Sepulchre in the County aforesaid they brake and entred and other harms to him did against the Peace of the Lord the King that now is to the damage of the said Simon 40. pound and thereof he bringeth Sute And now at this day That is to say Friday next after 8. days of Saint Michael this Term until which day the aforesaid Richard and John had license to imparl to the said Bill and then to answer c. before the Lord the King at Westminster come as well the aforesaid Simon by his Attorny aforesaid as the said Richard and John by Thomas Heyward their Attorny And the said Richard and John defend the force and injury when c. And say that they are not guilty and of this put themselves upon the Country and the said Simon Baxter likewise Therefore a Jury was to come thereof before the Lord the King at Westminster Saturday next after 8. days of Saint Hillary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid of the Plea aforesaid by Jurors were put by them in respite until Monday next after the Morrow of the Purification of the blessed Mary then next following for default of Jurors c. At which day before the Lord the King at Westminster come as well the aforesaid Simon Baxter as the aforesaid John Sutton and John Law by their Attornies aforesaid And the said Jurors being called come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Thomas Sutton Esquire long before the time in which the Trespass aforesaid is supposed to be done was seized of and in all those Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Muchstanbridge in the County of
said County of Wilts with all his Rights Members and Appurtenances in the said County of Wilts And also all those Manors of Wescote otherwise Wescote with the Appurtenances in the said County of Wilts And also all those his Lands and Pastures containing by estimation 100. Acres of Land and 60. Acres of Pasture with the Appurtenances in Wiglescate and Wroughton in the said County of Wilts And all that his Manor of Vsscote with the Appurtenances in the said County of Wilts And also all those his two Messuages 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or in either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge and all singular the Rights Members Appurtenances thereof whatsoever And also all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all singular the Manors Lordships Messuages Lands Tenements Reversions and Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of the said Thomas Sutton wheresoever situate lying and being within the said County of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and every their Rights Members and Appurtenances whatsoever or and such and so many and such part of the said Manors Advowsons Tenements and Hereditaments or of any part thereof as the said Thomas Sutton shall think meet And also all Letters Patents Indentures Deeds Evidences Bonds and Writings concerning the premises or any of them which shall be so given and granted by the said Thomas Sutton to the said Governours and their Successors and all such Conditions Warrants Vouchers Actions Sutes Entries Benefits and demands as shall be or may be had by any person or persons or by reason of them or any of them except all his Manor and Lordship of Littelbury and Haddestock with the Appurtenances in the said County of Essex aforesaid or in either of them though the premises or any of them be holden of us immediately in Chief or by Knights service or otherwise howsoever and without any license or pardon for Alienation of them or any of them the Statute of Mortmain or any other Act Statute Ordinance or Provision whatsoever to the contrary notwithstanding And our further Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and strictly charge and command That whatsoever and as often as any of the Churches Parsonages Viccarages Chapels or other spiritual livings the Advowsons Patronages and Donations whereof are hereby meant or mentioned to be licensed to be given by the said Thomas Sutton to the said Governours and their Successors for and towards the maintainance of the said godly and charitable use shall happen to become void or presentative or presentable or to be given or collated unto by the Death Resignation or Deprivation of any Incumbent or Incumbents of them or any of them or by any other means howsoever That then and so often the said Governours for the time being or their Successors or the greater part of them or the time being shall present prefer and collate thereunto such meet and sufficient persons as they shall think fit Nevertheless our full meaning and direction is in this and so we do by these presents for us our Heirs and successors ordayn and declare that such and so many of the Scholars which shall from time be brought up and taught in the said Hospital and every of them as shall after be fully qualified and become meet to take upon them or any them the charge of the said Churches Parsonages Viccarages Chapels or other spiritual livings aforesaid shall as near as may be from time time be by the said Governours and their Successors presented preferred and collated thereunto before any other person or persons whatsoever avoiding as much as may be the giving of more Benefices than one to any one Incumbent And to the end that all supition of indirect dealing which might hereafter be used or put in practise by the aforesaid Governours or their Successors or any of them contrary to the true intent and meaning of these presents may be prevented and taken away Our Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and streightly command and charge That the Manors Lands Tenements and Hereditaments and other the premises which at any time hereafter shall be given granted or conveied for the maintainance of the said godly and charitable uses before in these presents mentioned in or any part or parcel of them or of any of them shall at any time hereafter be leased demised granted or conveied to them the said Governours or their Successors or to any of them or to any other person or persons whatsoever for or to the use benefit and behoof of the said Governours or of their Successors or any of them although expresse mention of the clear yeerly value and certainty of the premises or of any them or of any other gifts or grants by us or any of our Progenitors or Predecessors to the said Thomas Sutton heretofore made is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary notwithstanding In Witnesse whereof we have caused these our Letters to be made Patents Witnesse our self at Westminster the 22th day of June in the 9th yeer of our Reign of England France and Ireland and of Scotland the 44th as by the said Letters Patents more fully appeareth And further the said Jurors say upon their Oath aforesaid That the said Thomas Smith of all and singular the premises aforesaid with the Appurtenances in form aforesaid being seized The said Thomas Sutton afterwards and before the aforesaid time in which c. That is to say the 30th day of October iin the yeer of the Reign of the Lord JAMES that now is of England the 9th abovesaid made a certain Writing sealed with his Seal bearing date the same day and yeer and to the Jurors aforesaid shewed in Evidence to one John Hutton Clerk The Tenor of which Writing followeth in these words To All to whom this present shall come Thomas Sutton of Balsham in the County of Cambridge Esquire sendeth Greeting Whereas it pleased the Kings most Excellent Majesty that now is by his Highnesse Letters Patents bearing date at Westminster
the 22th day of June in this present 9th yeer of his Reign over England upon the humble Sute of the said Thomas to give License Power and Authority to him the said Thomas Sutton to place found and erect an Hospital and Free-school in the House called the late dissolved Charter-House besides Smith field in the County of Middlesex And like License Power and Authority for him the said Thomas Sutton at any time during his life to ordain appoint and place a Master of the said Hospital And that the said Hospital should be called by the name of the Hospital of King JAMES founded in the Charter House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esq And where furthermore by the said Letters Patents The Master of the said Hospital for the time being is ordained and appointed to be one of the 16. Governours of the Lands Possessions Revenews and Goods of the said Hospital And that the same 16. Governours are by the said Letters Patents incorporate to purchase and take Lands to them and their Successors for ever for the maintainance of the said Hospital by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and the onely costs and Charges of Thomas Sutton Esquire as by the said Letters Patents amongst other things more at large may appear By reason whereof there must be a Master made before such time as the said Thomas Sutton can convey the Lands intended by the said Thomas Sutton to be conveied for the maintaiance of the said Hospital unto the said Governours according to the said Letters Patents Now the said Thomas Sutton minding the performance of the said charitable Act hath according to the power given him by the said Letters Patents and by these presents doth place nominate constitute and appoint his Right trusty and Well-Beloved John Hutton Clerk the first and present Master of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire To have and to hold the said Office Room and place of Master of the said Hospital to him the said John Hutton from henceforth during the good will and pleasure of the said Thomas Sutton In witnesse whereof the said Thomas Sutton hath put his Hand and Seal dated the 13th day of June in the yeer of the Reign of our said Sovereign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. And of Scotland the 45th And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of all and singular the premises aforesaid in form aforesaid being seized Afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of the said Lord the King that now is of England c. the 9th abovesaid made a certain Indenture between him the said Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part And the Right Reverend Father in God George â—ord Arch Bishop of Canterbury Primate and Metropolitan of all England The Right Honourable Thomas Lord Ellesmere Lord Chancellor of England The Right Honourable Robert Earl of Salisbury Lord High Treasurer of England The Reverend Father in God John Lord Bishop of London The Reverend Father in God Launcelot Lord Bishop of â—lie Edward Coke Knight Lord Chief Justice of the Common-Pleas Thomas Foster Knight one of the Justices of the Common-Pleas Henry Hobert Knight and Baronet the Kings Attorny General that now is John Overal Dean of the Cathedral Church of St. Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of the Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk By the name of the Reverend Father in God George Arch Bishop of Canterbury Thomas Lord Ellesmere Lord Chancellor of England Robert Earl of Salisbury Lord High Treasurer of England The Reverend Father in God John Lord Bishop of London The Reverend Father in God Launcelot Lord Bishop of Elie Edward Coke Knight Lord Chief Justice of the Common-Pleas Thomas Foster Knight one of the Justices of the Court of Common-Pleas Henry Hobert Knight and Baronet Attorny General of the Lord the King John Overal Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of the Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk Master of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and at the onely costs and charges of Thomas Sutton Esquire the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire of the other part made and within 6. Moneths then next following that is to say the 4th day of November in the yeer of the Reign of the Lord JAMES now King of England the 9th abovesaid in the Court of Chancery of the Lord the King that now is at Westminster aforesaid then being in due manner of Record inrolled according to the form of the Statute in such case made and provided And whereof one part sealed with the Seal of the said Thomas Sutton to the Jurors aforesaid was shewed in Evidence bearing date the same day and yeer The Tenor of which Indenture followeth in these words This Indenture made the first day of November in the yeer of our Lord God 1611. and in the yeers of the Reign of our Sovereign Lord JAMES by the Grace of God of England France and Ireland defender of the Faith c. that is to say of England France and Ireland the 9th and of Scotland the 45th Between Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part And the most Reverend Father in God George now Arch Bishop of Canterbury Primate and Metropolitan of all England The Right Honourable Thomas Lord Ellesmere Lord Chancellor of England The Right Honourable Robert Earl of Salisbury Lord High Treasurer of England The Right Reverend Father in God John Lord Bishop of London The Right Reverend Father in God Launcelot Lord Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Sir Thomas Foster Knight one of the Justices of the Court of Common-Pleas Sir Henry Hobart Knight and Baronet Attorny General of our Sovereign Lord the King John Overal Dean of the Cathedral Church of Saint Paul in London
said Lady the Queen of the Bench here at Westminster in Easter Term in the yeer of the Reign of the said Lady the Queen the 30th abovesaid before the then Justices of the said Lady the Queen of the Bench here as the deed of the said William Haw by him the said William acknowledged and within 6. Moneths then next following that is to say the same Easter Term in due manner in the said Court of Record inrolled according to the form of the Statute in such case made and provided for and in consideration of 120. pound to the said William by the said Richard before that time paid bargained and sold to the said Richard amongst other things the Reversion aforesaid To have and to hold to him and his Heirs for ever By Colour of which Bargain and Sale and Inrollment aforesaid and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th holden at Westminster in the County of Middlesex the 4th day of February in the yeer his Reign the 27th Of transferring of uses into possession the aforesaid Richard was and yet is seised of the Reversion aforesaid in his Demesn as of Fee And the said Richard so thereof being seised and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances to her in form aforesaid granted being possessed The said Elizabeth did waste spoyle and destruction of the Lands that is to say in digging in 10. Acres of Land in Goring aforesaid parcel of the Tenements aforesaid to the aforesaid Robert demised 100. loads of Clay taking for the price of every load of Clay thereof 8. pence and cutting down and selling of the Woods also in a certain Wood called Heighgrove containing 10. Acres of Wood with the Appurte in Goring aforesaid and parcel of the Tenements aforesaid with the Appurtenances to the said Robert above in form aforesaid demised 20. Oaks the price of every Oak 5. shillings through the said whole Wood here and there growing and in a certain other Wood called the Hedge Row lying in Goring aforesaid near the aforesaid Wood called Heighgrove in Goring aforesaid parcel of the Tenement aforesaid with the Appurtenances in form aforesaid to the aforesaid Robert demised 40. Oaks the price of each of them 6. shillings through the said whole Wood here and theregrowing and in a certain Coppice called Home Coppice in Goring aforesaid parcel of the aforesaid Tenements with the Appurtenances to the said Robert in form aforesaid above demised 100. Oaks price of each of them 10. shillings in the said Coppice called Home Coppice late growing here and there And in 20. Acres of Pasture called the Hanging in Goring aforesaid lying there bebetwixt a certain Close called High grove hill and another Close called Dicker grove hill that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised 10. Oaks price of each of them 6. shillings Six Ashes price of each of them 5. shillings and 10. Beeches price of each of them 6. shillings in the aforesaid 20. Acres of Pasture likewise late here and there growing and in a certain Hedge of a certain Close called Home field in Whitchurch aforesaid that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised lying near unto a Wood called Hawes Coppice 3. Oaks price of each of them 10. shillings and one Beech price 10. shillings and in a certain other Hedge of the Close aforesaid called Home field in VVhitchurch aforesaid that is to say parcel of the Tenements aforesaid to the aforesaid Robert in form aforesaid demised lying near to the aforesaid Wood called Home Coppice 10. Oaks price of each of them 20. shillings and also in suffering the sprouts of the Roots of 20000. other little Oaks called Oakesciapling of 20000. Beeches and 200. Ashes to the value of 20. pound in the said Wood called Heigh grove and 10000. of other little Oaks called Oakesapling 10000. of Beeches and 100. of Ashes to the value of 20. pound in the aforesaid Wood called the Hedge Row and 10000. of Oaks 10000. of Beeches and 200. of Ashes in the aforesaid Coppice called Hawe Coppice by the said Elizabeth through the whole Woods here and there growing to be cut and to be eaten and utterly destroyed and wasted with Cattel to the dissenherisin of the said Richard and against the form of the Provision aforesaid Whereupon he saith he is the worse and hath damage to the value of 200. pound and thereof he bringeth Sute c. And the the aforesaid Elizabeth by Ralph Burges her Attorny cometh and desendeth the force and injury when c. And whatsoever c. And saith that the aforesaid Richard his Action against her ought not to have Because she saith That well and true it is That the aforesaid William Haw was seised of the Tenements aforesaid with the Appurtenances in his Demesn as of Fee and being thereof so seised the aforesaid 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th abovesaid By his Indenture demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances except before excepted To have and to hold to him and his Assigns from the aforesaid Feast of the birth of our Lord then last past until the end and Term of the aforesaid 16. yeers then next following and fully to be compleat and ended By virtue of which demise the aforesaid Robert into the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the aforesaid 20th day of August abovesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid premises with the Appurtenances above demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised entred and waâ— thereof possessed as the aforesaid Rich. by his Declaration above supposeeth But the said Elizabeth further saith That the said Elizabeth of the Tenements aforesaid with the Appurtenances above demised in form aforesaid being possessed and the said William Haw of the Reversion thereof being seised in his Demesn as of Fee after the aforesaid 7th day of May in the 30th yeer aforesaid and before the aforesaid Indenture of Bargain and Sale Between the aforesaid William of the one part and the aforesaid Richard of the other part made in the Court of the Lady the Queen of the Bench in form aforesaid was inrolled A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here that is to say at WESTMINSTER aforesaid from the aforesaid day of Easter in 15. days in the yeer of her Reign the 30th abovesaid before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
Prior and Covent of Cheitwood 40 shillings to the Prior and Covent of Snelsale 20 shillings to every order of the 4 orders of Fryars Mendicants in the Town of Northampton 20 shilling to every order of â—he 4 orders of Fryars Medicants in the Town of Oxford 20 shillings to the Covent and Fryars Minors of Aplebury 20 shillings to every order of the 5 orders of Fryars in the City of London 20 shillings Also I bequeath to the Brother of Iohn Vpton 100 shillings that he for my Soul celebrate for one whole year next after my death and I will that all the religious men aforesaid by my Executors or their Deputies be charged that they especially pray for my soul Item I give and bequeath to Iohn Barton the younger my Brother all my Tenements together with all the Tenements which late were Roger Plirets which I purchased with the Rents and Services together with the Reversion and all their appurtenances in the Town of Buckingham in the County of Buckingham to have and to hold all the Tenements aforesaid with their appurtenances to the aforesaid Iohn my Brother for the Term of his life upon the Conditions following that is to say that the said Iohn my Brother during his life find one fit Chaplein and honest to celebrate for my Soul and the Souls of my Father Mother Brothers Sisters Benefactors and my friends and of all the faithfull deceased at the Altar of Saint James in the aforesaid Church of the blessed Peter dayly and I will and ordain that the aforesaid Chaplein all Festival dayes be present at Matines and Vespers in the quire of the Church aforesaid and I will that the said Chaplein every day within the Church aforesaid the Mattines of Saint Mary and after the Matines of the day with certain howers Canonical and these to be ended every day the said Chaplein before he goeth to Mass read a part of the Psalter of David so alwayes that from the said Chaplein every week be said one whole Psalter of David and afterwards dayly when he is not troubled with sickness that he go to Mass which Mass ended before he go from the Altar he read the Psalm de profundis with the prayer festina and dayly after dinner as it shall seem best to him that the said Chaplein say in the said Church of the blessed Peter a Placebo and Dirige with 9 Readings time of Easter excepted which time of Easter he say Officium mortuorum with 3 Readings according to the use of Salisbury and following every day of the same time of Easter the Psalter of the blessed Mary the Virgin and that afterwards follow the commendations of Souls with the prayer Tibi Domine commendamus after that he say vesperas de die and afore the vespers of Saint Mary and that the said Chaplein if not hindred with sickness every day that he shall in the default of saying Mass in the said Church of Saint Peter that he give to one of the poor of the Town of Buckingham aforesaid 1. penny I will also that the said Chaplein make his aboad alwayes there yet that the said Chaplein every year have recreation by the space of 15 dayes so alwayes as the said Chaplein supply his turns by another Chaplein or every day of the said 15 dayes do give to one of the poor of Town of Buckingham a penny And I will that the aforesaid John my Brother yearly during his life pay to the said Chaplein in the aforesaid Church of Saint Peter for his mayntenance and his pains as before is said done and to be done 10 Marks of Lawfull mony of England out of the issues and profits of the Tenements aforesaid so alwaies that the said Chaplein of the said sum of 10 Marks for his sallery or stipend reputed himself contented from no other any stipend to be received or taken And I the said John Barton the Elder will and ordain in the Testament aforesaid that the said Chaplein and his successors to the office and service aforesaid be chosen ordained preferred admitted and received by the Master and Brethren of the house or Church of Saint Thomas the Martyr of Canterbury called of Acon London aforesaid and his successors for ever and if they do not behave themselves well and honestly or if they shall neglect or refuse to do or perform the charges aforesaid by the said Masters and Brethren and their successors or by their sufficient deputies from the said office or service they be removed and expelled and another fit Chaplein in the place of the said Chaplein for his faults removed expelled or by death failing or otherwise howsoever from the said office or service ceasing or departing by the aforesaid Masters and Brethren of the house or Church of Saint Thomas aforesaid and his successors be chosen ordained preferred admitted and received so as the Lord Bishop of Lincoln who for time shall be or the Arch-Deacon of the place or the Prebendary of the Prebend of Buckingham or other in their name upon the Election Ordination Preferring Admission and remotion or amoving of the said Chaplein no jurisdiction or power have or claym hereafter in any manner therefore let the said Master and Brethren and their successors take care upon the peril of their souls and as they will answer the same before the most high Judge that neither for Favour Love Prayer or Price they ordain any Chaplein into the aforesaid office or service admit or receive but an honest and an approved person as much as his conversation can appear to them and that the aforesaid Chaplein to the said office and service to be admitted in his first admission the aforesaid Master and Brethren of the house and Church of Saint Thomas aforesaid and their successors take his corporal Oath upon the holy Gospel all and singular the charges aforesaid without fraud or deceit or any dispensation upon them to the contrary notwithstanding in the manner and form aforesaid above declared will and faithfully to be done and performed as much as humane frailty will admit and that every Chaplein to the said office or service to be admitted in his first admission finde and make to the Masters and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury said of Acon London aforesaid for the time being sufficient security for the Ornaments of the said Altâ—r of Saint James belonging safely and securely to keep and in their resigning and ceasing to render back and deliver And moreover that the said John my Brother during his life finde in the Town aforesaid 6 poor men or women to pray for my soul and the souls aforesaid every day forever and that he give every week during hâ—s life to every one of the same poor 4 pence and also to every one of â—hem their dwelling as by the will of God for them I have appointed and ordained and also that the said John my Brother all his life finde one
Lamp burning every day and night before Saint Romwald in the Church of the blessed Peter aforesaid as now is found and maintained and that my said Brother during his life hold or cause to be held my Anniversary and of my Father and Mother yearly in the day of the Translation of Saint Benedict in the Church of the blessed Peter aforesaid in which Anniversary the said John my Brother yearly two wax lights at the Dirige and the day following at the Mass one at the head and the other at the feet of my Sepulcher burning every wax light to contein 3 pounds which Funerals of me being completed I will that all that which shall be remaining of the said wax lights be sent and remain to the Altar of Saint James aforesaid upon the Candlestick there being to the Chaplain of my Chancery aforesaid to serve every festival day at Mass as long as it may last and that the aforesaid John my Brother during his life finde yearly one competent torch to serve at the Altar aforesaid And I will that all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances after the decease of the said John my Brother whole remain to Margaret and Isabel my Sisters for the term of their lives and the life of the longer liver of them To be holden of the Chief Lords of the Fee by the Services thereof due and of right accustomed upon condition that the said Margaret and Isabel during their lives do perform and observe all and singular the charges before limited in form aforesaid and after the death of the said Margaret and Isabel I will all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances wholy to remayn wholy to William Fowler To be holden to him and his heirs of his body Lawfully to be begotten of the chief Lords of the Fee by the services thereof due and of right accustomed upon condition that he the said William and his heirs do perform and keep all and singular the charges above written in the form aforesaid for ever And if it shall happen the said William Fowler to dy without heir of his body Lawfully begotten that from thence all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances whole remain to John Somerton my Cousen and the heirs of his body Lawfuly begotten to be holden of the chief Lords of the Fee by the services thereof due and of right accustomed upon condition that he the said John Somerton and his heirs all and singular the charges above written in form aforesaid fulfill and keep for ever and if it shall happen him the said John Somerton to dy without heir of his body issuing That from thence all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances whole remain to William Purfrey my Cousen and the heirs of his body Lawfully begotten to be holden of the Lords of the Fee by the services thereof due and of right accustomed upon condition that the same William Purfrey and his heirs aforesaid do perform and observe all and singular the charges above written in form aforesaid for ever And if it shall happen the said William Purfrey to dy without heir of his body issuing from hence I do give and bequeath that all the aforesaid Rents and Services with the reversions and all their appurtenances whole remain to the Master of the house of Saint Thomas the martyr of Acon London aforesaid to have and to hold to him and his successors Masters of the same house of Saint Thomas to the end and Term of 40 years from thence next following and fully to be ended and after the said Term to be ended that all the Tenements aforesaid Rents and Services with the reversions and all their appurtenances remayn to the Master of the Hospital of Saint Bartholomew in West Smithfield London aforesaid to have and to hold to the same Master and his successors Masters of the said Hospital of Saint Bartholomews to the term and end of 40 years from thence next ensuing and fully to be compleated to every of them upon the condition following that is to say that every of the said Masters and their successors during their Terms do and perform all and singular the charges above limited in form aforesaid And if it shall happen the said John my Brother during his life in fullfilling the charges aforesaid to make default or not to perform the same or all the aforesaid Tenements during his life not sufficiently to repair sustain or the same or any parcel thereof to alien or to let the same at a lower rate in prejudice to the other persons in remainder aforesaid named that then it shall be Lawfull to the said Margaret and Isabel into the aforesaid Tenements Rents and Services with the reversions and all their appurtenances to enter and the same to hold as in their remainder aforesaid without the contradiction of any one And that from thence the estate of the said John my Brother shall altogether cease and be of no value and if it shall happen the said Margaret and Isabel during their lives in doing and performing of all the charges aforesaid to make default or the same not to fulfil or all the Tenements aforesaid during their lives not sufficiently to sustain and repair or them to al en or demise as before is said or be negligent to enter if cause as aforesaid shall happen that then it shall be Lawfull to the aforesaid William Fowler and his heirs aforesaid into all the abovesaid Tenements Rents and Services with the reversions and all their appurtenances to enter as in his remainder aforesaid and the same to hold without any contradiction and that then the estate of the said Margaret and Isabel as aforesaid altogether to cease and be of no value And if the aforesaid William Fowler or his heirs aforesaid in doing and performing to make default or not to fulfil or all the aforesaid Tenements not sufficiently to be sustained or repaired or to be aliend or demised as before is said or be negligent to enter if cause as before is said shall happen that from thence it be well Lawfull to the abovesaid John Somerton and his heirs abovesaid into all and singular the aforesaid Tenements Rents and Services with the reversions and all their appurtenances to enter as in his remainder aforesaid and the same to hold without any contradiction and that from thence the estate of the aforesaid William Fowler and his heirs aforesaid as is aforesaid shall cease and be of no value And if it happen the aforesaid John Somerton or his heirs aforesaid in doing and performing all and singular the charges aforesaid to make default or the same not to fulfill or all the aforesaid Tenements not sufficiently to uphold and repair or to alien or demise the same as above is said or that they be negligent to enter if cause
Forset my Chaplain Overseers of this my present Testament I ordain and appoint John Wakering Master of the Hospital of St. Bartholomew aforesaid To which my Executors and Overseer above named I give the rest of all and singular my Goods and Chattels which shall remain by me not distributed disposed nor bequeathed in this last Will faithfully and speedily to be distributed for my Soul Willing That the said Executors and Overseer according to their discretions and Consciences take of my goods what is reasonable for their pains And that my present Testament and last Will before written be as speedily as conveniently it may be by my Executors performed and executed as in the fearful day of the last Judgement for me and them before the most High Judge who is ignorant of nothing they will answer In witnesse whereof to this my present Testament indented containing my last Will I have set my Seal Dated the day year aforesaid And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid William Bramptou of the said Messuage and 6. Acres of Pasture parcel c. amongst other c. as is before said so being seised The said John Barton the Elder afterwards at Buck aforesaid dyed After the death of the said John Barton the Elder the aforesaid William Brampton was seised of the Messuage aforesaid and 6. Acres of Lands aforesaid parcel c. in his Demesn as of Fee To the several uses and intents in the aforesaid last Will of the aforesaid John Barton the Testator above expressed And that the said Iohn Barton the younger after the death of the said Iohn Barton the Testator into the aforesaid Messuage and 6. Acres of Pasture with the Appurtenances parcel c. entred and the Rents and profits thereof yearly after the death of the said Iohn Barton the Testator arising for and during the life of him the said Iohn the younger took and had and the same to the uses intents and appointments in the said Testament and last Will thereof limitted and appointed during the life of the said Iohn the younger did convert apply and pay And afterwards and before the time in which c. The said Iohn Barton the younger at Buck aforesaid dyed After whose death of the said Iohn Barton the younger the aforesaid William Brampton was seised of the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee unto the uses and intents in the aforesaid last Will of the said Iohn Barton the Testator before expressed to be performed And that the said Margaret and Isabel after the death of the said John Barton the younger into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the death of the said John Barton the younger arising for and during the lives of the said Margaret and Isabel and the longer liver of them took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Testator declared limitted and appointed during the lives of the said Margaret and Isabel applyed converted and payed and the longest liver of them did apply convert and pay And afterwards and before the time in which c. The aforesaid Margaret and Isabel at Buckingam aforesaid dyed After the deaths of which Margaret and Isabel The said William Brampton was seised in his Demesn as of Fee of and in the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the Appurtenances to the uses and intents in the aforesaid last Will of the aforesaid John Brampton the Elder the Testator expressed to be fulfilled And that the said William Fowler in the Testament aforesaid named had issue of his body lawfully begotten one Richard Fowler and the said William Fowler after the deaths of the said Margaret and Isabel into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the deaths of the said Margaret and Isabel arising for and during the life of the said William Fowler took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed during the life of the said William Fowler applyed converted and payed And afterwards the 6 th day of July in the yeer of the Reign of King Henry the 6 th the 30 th The said William Fowler at Buckingham aforesaid dyed after whose death of the said William Fowler the aforesaid William Brampton was seized of and in the said Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee to the uses intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed to be fulfilled And that the said Richard Fowler had issue of his body lawfully begotten one Edward Fowler and the said Richard Fowler after the death of the said William Fowler into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and profits therof yeerly after the death of the said William Fowler arising for and during the life of the said Richard Fowler took and had and tâ—e same to the uses intents and appointments in the said Testament and last Will of the said John Barton the Elder the Testator during the life of the said Richard Fowler applyed converted and payed that is to say until the 3 d. day of November in the yeer of King Edward the 4 th after the Conquest of England the 7 th which said 3d. day of November the aforesaid Richard Fowler at Buckingham aforesaid dyed After the death of which Richard aforesaid the aforesaid Wil. Brampton was of the Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances seized in his Demesn as of Fee to the uses and intents in the Testament aforesaid of the said John Barton the Testator limitted and declared to be fulfilled And that the said Edward Fowler had issue of his body lawfully begotten one Gabriel Fowler and the said Edward after the death of the said Richard Fowler into the aforesaid Messuage and 6. Acres of Lands parcel c. with the appurtenances entred and the Rents and Profits thereof yeerly after the death of the said Richard Fowler arising for and during the life of the said Edward took and had and the same to the uses intents and appointments in the said Testament and last Will declared and limitted Until the 4 th day of February in the yeer of the Reign of King Henry the 8 th the 27 th applyed converted and payed which said 4 th day of February by virtue of a certain Act of Parliament at Westminster in the County of Middlesex for transferring of uses into
not yet concealed nor detained but the Rents and the Reversions thereof to the said Lord the King and Lady the Queen then were answered And that Mannor was in charge and account of Record and the Rents and the Reversions thereof to the said late King and Queen Philip and Mary were answered But whether the Lands and Tenements in the Declaration above mentioned by the said Letters Patents to the aforesaid George Howard Kt. passed or not the Jurors aforesaid are ignorant and thereof pray the Advice and Consideration of the Court in the premises And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices of the Court That the aforesaid Lands and Tenements in the Declaration aforesaid mentioned by the aforesaid Letters Patents of the Lord Philip and Mary late King and Queen of England to the aforesaid George Howard did passe Then the Jurors aforesaid say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment as he before in pleading hath alleged And if upon the whole matter by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court That the Lands and Tenements in the Declaration within written by the aforesaid Letters Patents of the Lord Philip and Mary King and Queen of England to the said George Howard passed not c. False Imprisonment Michaelmass Term in the 6th yeer of King JAMES in the COMMMON-PLEAS Doctor Bonhams Case Co. 8. part London HEnry Atkins of London Doctor of Physick George Turner of London Doctor of Physick Thomas Moundford of London Doctor of Physick John Argent of London Doctor of Physick John Taylor of London Yeoman And William Bowden of London Yeoman were Attached to answer to Thomas Bonham of London Doctor in Philosophy and of Physick of a Plea wherefore they together with William Dun of London Doctor of Physick and Richard Ware of London Skinner with force and Arms him the said Thomas Bonham took imprisoned and evil handled and him in Prison against the Law and Custom of the Kingdom of England did long detain and other harms to him did to the great damage of the said Thomas Bonham and against the Peace of the Lord the King that now is c And whereupon the same Thomas Bonham by Richard Coke his Attorny complaineth That the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden together c. the 10th day of November in the yeer of the Reign of the said Lord the King that now is the 4th with force and Arms him the said John in the Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and evilly handled and him there so in Prison a long time that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England detained and other harms c. to the great damage c. and against the Peace c. whereupon he saith that he is the worse and hath damage to the value of 300. pounds and thereof bringeth sute c. And the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden by Francis Barker their Attorny come and defend the force and injury when c. And as to the coming with force and Arms say That they are not thereof guilty And of that put themselves upon the Country and the aforesaid Thomas Bonham likewise And as to the rest of the Trespass and Imprisonment aforesaid above supposed to be done The said Henry George Thomas Moundford John Argent John Taylor and VVilliam Bowden say That the aforesaid Thomas Bonham his Action aforesaid against them ought not to have because they say That before the aforesaid time in which it is supposed the aforesaid Trespasse and Imprisonment to be done The Lord Henry late King of England the 8th the 23d day of September in the yeer of his Reign 〈◊〉 by his Letters Patents which the said Henry George Thomas Moundford John Argent John Taylor and William Bowden with his great Seal of England sealed bearing date at VVestminster the same day and yeer here in Court brought Reciting Wherereas he thought it the duty of his Kingly Office in all reason to provide for the good and welfare of his People That would first of all be done if he might in due season meet with the enterprizes of wicked men first therefore ye held it necessary to restrain the boldness of wicked men who professed Physick more for avarice than out of confidence of a good Conscience Whereupon very many incommodities did arise to the rude and credulous Cōmon-people Therefore partly imitating the example of the well-governed Cities and other Nations inclined thereunto at the request of the grave Men and Doctors John Chambre Thomas Linacre Ferdinand de Victoria his Physicians of Nicholas Hatswel John Francisco and Robert Yoxley Physicians and chiefly of the right Reverend Father in Christ and Lord Thomas titled of the Holy Church beyond Tyber Priest of the most Holy Church of Rome Cardinal of York Arch-Bishop and our Well beloved Chancellor of our Kingdom of England A College perpetual of Doctors and Grave Men who Physick in his City of London and the Suburbs and within 7. Miles from the said City every way might publickly exercise he Willed and commanded to be instituted to whom for his honour and in the name of the publick good and care as he hoped the ignorance and rashness of the malitious which he remembred as well by their example and gravity to deterr as by his Lawes late made and and by Constitution to be made by the same College to punish Which that they might more easily well accomplish to the remembred Doctors John Chambers Thomas Linacre Ferdinand de Victoria his Physicians Nicholas Hatswel John Francisco and Robert Yoxley Physicians he granted that they and all Men of the same faculty of and in the City aforesaid should be in deed and Name one Body and Comminalty perpetual or College perpetual and that the said Comminalty or College every yeer for ever might chose and make of that Cōminaltie any diligent man and skilful in the faculty of Physick to be President of the said College or Comminalty to oversee rule and govern for that yeer the College or Comminalty aforesaid and all men of the said faculty and their businesses And that the said President and College or Comminalty should have perpetual succession and a Common Seal to serve for the businesses of the said Comminalty and President for ever And that they and their Successors for ever should be persons able and capable to purchase and possesse in Fee and for ever Lands Tenements Rents and other possessions whatsoever He also granted to them and their Successors for him and his Heirs That they and their Successors might purchase to them and their Successors aswell in the said City as out of it Lands and Tenements whatsover not
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
examined strictly by the said Supervisors according to the form devised by the said Elects and also by the said Supervisors approved as by the said Act amongst other things more fully appeareth And the said Henry George Thomas Moundford John Argent John Taylor and William further say That afterwards and before the time in which c. By another Act of Parliament of the Lady Mary the Queen of England the 24th day of October in the year of the Reign the first at Westminster aforesaid That whereas in the Parliament holden at London the 5th day of April in the yeer of the Reign of the Lord Henry late King of England the 8th the 14th and from thence adjourned unto VVestminster the last day of June in the yeer of his Reign the 15th and there holden It was Enacted That a certain grant by Letters Patents of Incorporation made and granted by the aforesaid late King to the Physicians of London and all clauses and Articles contained in the said grant should be approved granted ratified and confirmed by the said Parliament In consideration whereof It was Enacted by the Authority of the same Parliament That the aforesaid Statute and Act of Parliament in all the Articles and clauses in the same contained from thenceforth for ever should stand and continue in full strength force and effect any Statute Law Custom or any thing made had or used to the Contrary in any thing notwithstanding And for the better Reformation of divers enormities happening to the Commonwealth by the evill usage and undue administration of Physick and for the amplifying and inlarging of the last Articles for the better execution of the things in the aforesaid grants conteined it was further Enacted That whensoever the President of the College or Comminalty of the faculty of Physick in London for the time being or such as the aforesaid President and College yearly according to the Tenor and meaning of the same Act should authorize to search examine and correct and punish all offenders and transgressors in the aforesaid faculty within the same City and precinct in the aforesaid Act expressed should send or commit such offender or offenders for his or their offences or disobedience contrary to any Article or Clause conteined in the aforesaid grant or Act to any Ward Gaol or Prison within the aforesaid City and precinct aforesaid the Tower of London excepted that then and from time to time the Warders Gaolers and Keepers of the Wards Gaols and Prisons within the City or precinct aforesaid the Tower of London excepted should receive into his or their Prisons all and every such person or persons so offending which should be sent or committed to him or them as aforesaid and there safely should keep the person or persons so committed into any of their Prisons at the proper costs and charges of the person or persons so committed without Bail or main prise until such offender offenders or disobedients be discharged of the aforesaid imprisonment by the aforesaid President and such persons as by the aforesaid College should be authorized upon pain that every such Warder Gaoler or Keeper doint the contrary should lose and forfeit double of such fine and amercement as such offender or offenders or disobedients should be assessed to pay by such as the said President and College as should be authorized as before is said so as the said Fine and Amercement should not be at any time above the sum of 20 pound the moiety whereof to be imployed to the use of the said late Queen her Heirs and Successors and the other moiety to the aforesaid President and College all which forfeiture should be recovered by Action of debt Bill Plaint or Information in any of the said late Queens her heirs or successors Courts of Record against any such Warden Gaoler or Keeper so offending in which no Essoin wager of Law nor Protection should be allowed nor be admitted for the defendant And further it was Enacted by the authority of the said Parliament That all Justices Mayors Sheriffs Bayliffs Constables and other Ministers and Officers within the City and precinct aforesaid upon request to them made should help aid and assist the President of the aforesaid College and all persons by them from time to time authorized for the due execution of the said Act or Statute upon pain for not giving of help to them of being in cōtempt of the said late Queen her Heirs and Successors as by the same Act 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 said Letters Patents and by force of the Statutes aforesaid One Thomas Langhton Doctor of Physick a man diligent and skilful in the faculty of Physick and then one of the Comminalty of the College of Physitions in London aforesaid before the time in which c. that is to say the 30 th day of September in the year 1605. at the College of Physicians situate in London in the Parish of Saint Bennet-Pauls-Wharf in the Ward of Baynards Castle was duly chosen President of the College aforesaid and then and there held the said Office of President of the College aforesaid And the said Thomas Langton being President of the College aforesaid The same President and Cōminalty of the College aforesaid the same 30th day of September in the yeer 1606 abovesaid at the College aforesaid chose Ralph Wilkinson William Du◠Richard Palmer and John Argent diligent men and skilful in the faculty of Physick and then being 4. Doctors of the College aforesaid to be the 4. Censors or Governours of the Comminalty aforesaid to oversee teach correct and govern all and singular Physicians of the said City using the faculty of Physick in the said City and other forein Physicians whomsoever frequenting to and using the said faculty of Physick any wayes within the said City the Suburbs thereof or within 7. Miles in circuit of the same 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 their Receipts by the said Physicians or any of them for curing of infirmities as often as need should be And to punish the said Physicians Delinquents exercising the said faculty of Physick by Fines Amercements and Imprisonment of their Bodies and other wayes reasonable and fitting according to the form and effect of the said Letters Patents and the Statutes aforesaid And the said Thomas Langton being President of the College aforesaid and the aforesaid Ralph Wilkinson William Dun Richard Palmer and John Argent being likewise the 4. Censors or Governours of the College aforesaid The aforesaid Thomas Bonham within the aforesaid time in which c. That is to say the 10th day of Aprill in the yeer of our Lord 1606. within London aforesaid in the aforesaid Parish of the blessed Lady of Bow in the Ward of Cheap aforesaid
the causes aforesaid should be arrested and delivered into custody And the said Henry George Thomas Moundford John Argent John Taylor and William Bowden further say That afterwards and before the time in which c. that is to say the 24th day of October in the yeer of our Lord 1606. abovesaid The said Thomas Langton President of the College aforesaid at London in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid dyed After whose death and before the time in which c. That is to say the 25th day of October in the yeer of our Lord 1606. abovesaid The said Henry Atkins a diligent man and skilful in the faculty of Physick and one of the Comminalty of the College aforesaid and one of the then 8. Electors of the College aforesaid then being at the College aforesaid within London aforesaid in the Parish and Ward aforesaid was in due manner chosen and into the office of President of the College aforesaid for one whole yeer then next following and then and there held the said Office of President of the College aforesaid And the said Henry Atkins being President of the College aforesaid and the aforesaid George Turner William Dun Thomas Moundford and John Argent being Censors or Governours of the College aforesaid at an Assembly of the College aforesaid holden at the College aforesaid within London aforesaid in the Parish and Ward aforesaid the 7th day of November in the yeer of our Lord 1606. abovesaid before the aforesaid Henry Atkins then President of the College aforesaid and the aforesaid George Turner William Dun Thomas Moundford and John Argent then Censors or Governours of the College aforesaid came the aforesaid Thomas Bonham in his proper person Of which Thomas Bonham when the aforesaid Henry Atkins then President of the College and the aforesaid George Turner VVilliam Dun Thomas Moundford and John Argent then Censors or Governours of the College aforesaid they asked whether he would satisfie to the College aforesaid for his disobedience and contempts aforesaid and again submit himself to be examined and to obey the Judgement of the College aforesaid And the aforesaid Thomas Bonham then and there answered that he before that had within London aforesaid done and practised and then after within Loedoâ— aforesaid would do and practise Physick no leave being asked of the said College and that he would not in any thing to the President and Censors or Governours of the College aforesaid yield obedience And then and there affirming the aforesaid President and Censors or Governours aforesaid to have no authority over those who are made Doctors in the University By which the said Censors or Governours for the offences and disobedience aforesaid Then and there Ordained and Decreed That the aforesaid Thomas Bonham should be sent to Prison there to remain until from thence by the President and Censors or Governours for the College aforesaid for the time being he should be delivered as by the said Letters Patents and the Statutes aforesaid it is Ordained and Established and then and there made their Warrant with the Common Seal of the College or Comminalty sealed And to the Keeper of of the Prison of the Lord the King in the Compter London in the Poultry in the Parish of St. Mildred directed commanded by the said Warrant to the Keeper of the Prison aforesaid That the said Keeper of the Prison aforesaid should receive the Body of the said Thomas Bonham and him in the Prison aforesaid of the said Lord the King there should safely keep without Bail or Main-prise at the proper costs and charges of the aforesaid Thomas Bonham until the aforesaid Thomas Bonham by the command of the President and Censors or Governours aforesaid or their Successors he should be delivered Which Thomas Bonham for his offences and disobedience aforesaid together with the Warrant aforesaid in form aforesaid made the said Henry Atkins then being President of the College aforesaid the aforesaid George Turner William Dun Thomas Moundford and John Taylor then being Censos or Governours of the College aforesaid by virtue of the Letters Patents and Statutes aforesaid and the aforesaid William Bowden and John Taylor as Servants of the said Henry Atkins President and of George William Dun Thomas Moundford and John Argent and by their the said President and 4. Censors or Governours aforesaid Warrant the aforesaid time in which c. to one Richard Ware then Keeper of the said Prison of the Lord the King of the Compter aforesaid at London in the Parish of St. Mildred in the Poultry in the Ward of Cheap aforesaid as to them it was lawful to do Which commitment of the aforesaid Thom. Bonham for the causes aforesaid in form aforesaid done is the same Trespass and Imprisonment whereof the aforesaid Tho. Bonham above complaineth And this they are ready to averr and demand Judgement if the said Thomas Bonham his Action aforesaid against them ought to have c. And the aforesaid Thomas Bonham saith That he for any thing before alleged to have his Action ought not to be barred Because by protestation he saith That he the said Thomas Bonham was not insufficient not was found by the aforesaid President and Censors or Governours of the College aforesaid to practise Physick nor unfitly or insufficiently to the aforesaid President and Censors or Governours of the College aforesaid in the Art of Physick did answer as the 〈◊〉 Henry Atkins George Turner John 〈…〉 dford John Argent John Taâ—lor and William Bowdâ—n above hath alleged For Pleâ— the said Thomas Bonham saith That by the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 8th holden at London aforesaid the aforesaid 5th day of April in the yeer of his Reign the 14th and from thence adjorned to VVestminster in the aforesaid County of Middlesex until the last day of July in the yeer of the Reign of the said King the 15th and there then holden It was further Enacted by Authority of the same Parliament That whereas in the Diocesse out of London it was not then very like always to find men able sufficiently to examine according to the Statute such as should be admitted to exercise Physick in them That no person then after be suffered to exercise Physick through England until the said person should be examined at London by the aforesaid President and three of the aforesaid Electors and should have from the said President and Electors Letters Testimonials of their Approbation and Examination except he should be a Graduate of Oxford or Cambridge who had accomplished all things for his form without any Grace And further the said Thomas Bonham saith That he the said Thomas the second day of July in the year of our Lord 1595 in the University of Cambridge aforesaid took the Degree and Dignity of a Doctor in Physick and then and there that is to say the said second day of July in the
the 8th the 11th at Pettesâ—o aforesaid By her certain Writing of Release which the said Warden or Rector and Scholars with the Seal of the aforesaid Sibil sealed here in Court bring whose date is the same day and yeer remised released and altogether for her and her Heirs for ever quit claimed to the aforesaid Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor then of the Mannors aforesaid with the appurtenances in form aforesaid being seized in their full and peaceable possession then being their Heirs and Assignes for ever All her Right Claim Title Use Interest and Demand which ever she had now hath or at any time after might have of and in the Mannors aforesaid with the appurtenances And further the said Sibil by her aforesaid Writing granted for her and her Heirs That she the said Sibil and her Heirs the Mannors aforesaid with the appurtenances to the said Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor their Heirs and Assignes against the then Abbot of Westminster and his Successors would warrant and for ever defend as by the said Writing of Release more fully appeareth And this the said Warden or Rector and Scholars are ready to averr whereupon they demand Judgement if the aforesaid Robert Chamberlain against the aforesaid Writing of Release the said Warranty of the said Sibil his Ancestor whose Heir the said Robert is in it contained his Action aforesaid against them ought to have c. And the aforesaid Robert Chamberlain saith that he for any thing before alleged to have his Action aforesaid ought not to be barred because he saith That long before the aforesaid Deed and before the aforesaid Alured Richard Danvers Nicholas Stathum and William Collow had any thing in the Mannors aforesaid with the appurtenances The aforesaid Richard Chamberlain was seized of the aforesaid Mannors with the appurtenances in his Demesn as of Fee And the said Richard so thereof being seized before the gift aforesaid that is to say the 12th day of June in the yeer of the Lord Edward late King of England the 4th after the Conquest the 11th The aforesaid Richard Danvers Alured Cornburgh Nicholas Stathum and William Collow out of the Court of the Chancery of the said late King Edward the 4th at Westminster in the County of Middlesex then being brought and prosecuted a certain Writ of the said late King Edward the 4th of Right against the said Richard Chamberlain then being Tenant of the Free hold of the Mannors aforesaid with the appurtenaces amongst other things to the then Sheriff of the County of Buckingham directed By which Writ the said late King then and there commanded the said Sherif That he should command the said Richard Chamberlain by the name of Richard Chamberlain Esq that justly and without delay he render to the said Richard Danvers Alured Nicholas and William by the names of Richard Danvers Alured Gorneburgh Esq Nicholas Stathum and William Collow the Mannor aforesaid with the appurtenances amongst other by the names of the Mannors of Pettesho and Eckney with the appurtenances 6. Messuages 200. Acres oâ— Land 20. Acres of Medow 200. Acres of Pasture 100. shillings Rent with the appurtenances in Pettesho Eckney Emberton which he claimeth to be his Right Inheritance And whereupon they complained Chamberlain them unjustly deforced and unlesse he do and the aforesaid Richard Danvers Alured Nicholas and William Collow should him the said Sheriâ— secure to prosecute their claim That then he summon by good summoners the aforesaid Richard Chamberlain that he be before the then Justices of the said late King Edward the 4th here that is to say at Westminster aforesaid from the 15. day of St. John the Baptist then nexâ— following to shew wherefore ye shoâ—ld not do And that he have then this summons and that Writ Because Thomas Rokes Esq Chief Lord of the same Fee remised thereof his Court to the said late King Edward the 4th At which 15. dayes of John the Baptist before Thomas Brian Kt. and his Companions then Justices of the said late King Edward the 4th of the Bench here that is to say at Westminster aforesaid came aswell the aforesaid Richard Danvers Alured Nicholas Stathum and William Collow by Thomas Gurney their Attorny as the aforesaid Richard Chamberlain by John Wildstall then his Attorny And then the Sherif of the aforesaid County of Buckingham that is to say Reginald Gray Esq then there returned the Writ aforesaid to him in form aforesaid directed in all things served and executed and sent that the aforesaid Richard Danvers Alured Nicholas and VVilliam Collow found to the said then Sherif sureties to prosecute his Writ aforesaid that is to say Richard Doo and Iohn Roo And that the said Richard Chamberlain was summoned by Iames Tye and Iohn Baker good summoners c. And hereupon The said Richard Danvers Alured Nicholas Stathum and William Callow by the said Thomas Gurney their Attorney in the said Court of the aforesaid late King Edward the 4th of the Bench here that is to say at Wostminster aforesaid at the 15. dayes aforesaid of St. Iohn Baptist Declared against the said Richard Chamberlain of and upon their Writ aforesaid and upon their Writ aforesaid by the same Thomas Gurney demanded against the aforesaid Richard Chambrlain the Mannors Tenements Rents aforesaid with the appurtenances in the said Writ of Right specified as their Right and inheritance by the aforesaid Writ of the said late King Edward the 4th because the aforesaid Thomas Rokes Chief Lord of the same Fee Released thereof his Court to the said late King And whereupon then they said That they themselves were seized of the Mannors aforesaid and of the Rents aforesaid with the appurtenances in the said Writ of Right specified in their Demesn as of Fee and Right in the time of Peace in the time of the said late King Edward the 4th taking the profits therof to the value c. And that such is their Right then they did offer c. And the aforesaid Richard Chamberlain by the aforesaid John Wildstaâ—e by his Attorny came and defended the Right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right c. And all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified and then vouched hereof to warranty Robert King who was present in the same Court in his proper person and willingly the Mannors and Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified to them then did warrant c. Whereupon the aforesaid Richard Danvers Alured Nicholas and William then demanded against the aforesaid Robert Tenant by his warranty the Mannors Tenements and Hereditaments aforesaid in the said Writ of Right specified in form aforesaid c.
And whereupon then they said That they themselves were seised oâ— the Mannors Tenements and Rents aforesaid with the appurtenances in their Demesn as of Fee and Right in the time of peace in the time of the said late King Edward the 4th taking thereof the profits to the value c. And the aforesaid Robert Tenant by his warranty aforesaid defended the right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right and all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified And then put himself on the grand Assize of the said late King Edward the 4th and then demanded Recognition to be made whether he more right then had to hold the Mannors Tenements and Rents aforesaid with the appurtenances to him and his Heirs as Tenant thereof by his warranty as he then held or the aforesaid Richard Danvers Alured Nicholas and VVilliam to have the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified as they above them demanded c. And the aforesaid Richard Danvers Alured Nicholas and VVilliam then returned back in the same Court the same very Term of Holy Trinity in the year of the Reign of the said late King Edward the 4th after the Conquest the 11th by their then Attorny aforesaid And the aforesaid Robert sollemnly called did not come back but departed in despite of Court and made default wherefore it was then granted by the same Court That the aforesaid Richard Danvers Alured Nicholas and VVilliam should recover their seisin against the aforesaid Chamberlain of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified To hold to them and their Heirs quietly from the aforesaid Richard Chamberlain and his Heirs And that the aforesaid Richard Chamberlain then should have of the Lands of the said Robert to the value c. And that the said Robert should then be in mercy c. as by the Record and Processe thereof here in Court remaining it manifestly appeareth Which Recovery in form aforesaid had was had to the use and intent that the aforesaid Alured Richard Danvers Nicholas Stathum and VVilliam Collow should give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and the Heirs Males of the Body of the said Richard Chamberlain issuing By Colour of which Recovery the aforesaid Alured Richard Danvers Nicholas and VVilliam Collow into the Mannors and Tenements aforesaid with the appurtenances entred and were thereof seised in their Demesn as of Fee to the use and intent aforesaid And so thereof to the use and intent aforesaid being seised The said Alured Richard Danvers William Stathum and Willam Collow give the aforesaid Mannors with the appurtenances to the aforesaid Richard Chamberlain and Sibil By the names of Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain issuing as the said Robert Chamberlain by his Writ and Declaration aforesaid above supposeth By which gift the aforesaid Richard Chamberlain and Sibil were seised of the Mannors aforesaid with the appurtenances that is to say the said Richard Chamberlain in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Sibil in her Demesn as of Free hold for the term of her life by the form of the gift aforesaid And afterwards the said Richard Chamberlain at Pettesho aforesaid took to Wife the aforesaid Sibil Great Grandmother of the aforesaid Robert Chamberlain and had issue male of his Body issuing the aforesaid Edward Chamberlain and afterwards the said Richard Chamberlain at Pettesho aforesaid dyed and the aforesaid Sibil him overlived and held her self in the Mannors aforesaid with the appurtenances and was thereof sole seised in her Demesn as of Free hold for the Term of her life by right of Survivor c. by the form of the gift aforesaid And afterwards the said Sibil by her aforesaid Writing of Release Remised and released to the aforesaid Richard Lyster Martin Linsey John Cottesford John Clayton and VVilliam Hogeson and Robert Taylor all her Right Claim Title State Use Interest and demand of and in the Mannors aforesaid with the appurtenances in manner and form as in the aforesaid Bar above is specified And that afterwards the said Sibil at Pettesho aforesaid dyed And from the aforesaid Richard the right descended by the form c. to the aforesaid Edward as Son and Heir c. And from the said Edward the right descended by the form c. to the aforesaid Leonard as Son and Heir c. And from the aforesaid Leonard the right descended by the form c. to the aforesaid Francis as Son and Heir c. And from the said Francis the right descended by the form c. to the said Robert who now demandeth as Son Heir c. as he by his Writ and Declaration aforesaid supposeth And this he is ready to averr wherefore for as much as by force of a certain Act of Parlament in the Parliament of the late Lord King Henry the 7 th at VVestminster aforesaid in the County aforesaid in the yeer of his Reign the 11 th holden made The aforesaid Warranty of the aforesaid Sibil in form aforesaid made is altogether void he demandeth Judgement and his seisin of the Mannors aforesaid with the appurtenances to be to him adjudged And the aforesaid Warden or Rector and Scholars say That by the aforesaid Act in the aforesaid Parliament of the late King Henry the 7 th â—t VVestminster aforesaid in the yeer of his Reign the 11 th abovesaid holden made It is provided That the Act aforesaid should not extend to any such Recovery or discontinuance in which the Heirs next inheritable to such Woman or where he or they who next after the death of the said Woman had or should have the estate of Inheritance in the said Mannors Lands and Tenements should be assenting or agreeing to the aforesaid Recoveries where the same assent or agreements are of Record or inrolled as by the said Act amongst other things it appeareth And the said Warden or Rector and Scholars further say That before the making of the said Writing of Release of the aforesaid Sibil and after the death of the aforesaid Richard Chamberlain Nicholas Evan Clerk and Thomas Hartop Clerk the Second Day of June in the yeer of the Reign of the said late King Henry the 8th after the Conquest the 4th out of the Court of the Chaâ—cery of the said late King then being at Westminster aforesaid sued forth an Original Writ of the said late King of Entry upon Disseisin in the Post against the aforesaid Edward Chamberlain of the Mannors aforesaid with the appurtenances to the then Sherifs of the County of Buckingham directed
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
the time whereof the memory of men is not to the contraryâ— was an antient City And that within the City aforesaid all the time aforesaid there was a Court of Record holden in the Compter situate in the Parish of St. Michael in VVoodstreet aforesaid before one of the Sherifs of the City aforesaid for the time being And that within the City aforesaid there is such and from the whole time aforesaid there was such a Custom That in the aforesaid Court All and singular persons from the whole time aforesaid were used to levy Plaints of Pleas of Debt amounting to whasoever sum against any person whomsoever and to cause the same Plaints to be entied in a Book of the Porter of the Compter aforesaid and that from the whole time aforesaid there was and is a Porter of the Compter aforesaid which Porter of the Compter aforesaid for the time being from the whole time aforesaid was an Officer of one of the Sherifs of the City aforesaid to enter Plaints in form aforesaid levyed in the book of the Porter of the Compter aforesaid against any person whasoever at the sute of any person whatsoever in Pleas of Debt amounting to what sum soever in a certain short and summary manner And that the Plaints aforesaid in the Book of the Porter aforesaid entred from the whole time aforesaid used to be transferred and entred of Record in the Rolls of the Court aforesaid in due form of Law within reasonable and convenient time after the entry of the same in the Book of the Porter aforesaid And that in the City aforesaid there is and for the whole time aforesaid there was a Custom That any person being a Sergeant at Mace of the said Sherif and Minister of the Court aforesaid at the request of the party whose Plaints so are levied of Office it was used after the Entry of the same Plaints in the Book of the Porter aforesaid aswell before the Entry of the same Plaints in the Rolls of the Court aforesaid as after the Entry thereof in the Rolls of the Court aforesaid to take and arrest by his Body any such person against whom such Plaints was levied to answer to the Plaint of such person without any other Command by word of mouth or otherwise to such Sergeant at Mace and Minister of the Court aforesaid in that behalf directed or to be directed And the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Saturday the 17th day of November in the yeer of our Lord 1610. The aforesaid Robert Radford Citizen of London requested the aforesaid Richard Fells then one of the Sergeants at Mace of the said Richard Pyot then one of the Sherifs of the City aforesaid That he the said Richard Fells would cause to be levied a Plaint of Debt of 500. pounds in the Comptor aforesaid at the Sute of the said Robert Radford against the aforesaid John Murray Esquire and thereupon would arrest the aforesaid John Murray to answer to the aforesaid Robert Radford in the Plaint aforesaid And the said Richard Fells thereupon was at the said Compter in the Parish of St. Michael in Woodstreet aforesaid and there the said 17th day of November in 8th and 44th years aforesaid caused to be levied a Plaint of Debt of 500. pounds against the aforesaid John Murray at the Sute of the aforesaid Robert Radford which Plaint then was entred in the Porters Book of the Compter aforesaid as in the like cases usually it is and according to the Custom aforesaid in these words ss John Murray Esquire against Robert Radford Salter Debt 500. pounds Pledges Fleat Streat by Robert Fells Sergeant Which Plaint afterwards was entred of Record in the Rolls of the Court of the Compter aforesaid in these words ss Saturday the 17th day of November in the yeer of the Reign of King James of England France and Ireland 8th and of Scotland the 44th John Murray Esquire S. against Robert Radford Salter in a Plea of Debt upon demand 500 pounds Pledges of following the Sute John Fleat and Richard Streat by Fells Sergeant c. But the Jurors aforesaid upon their Oath say That the Entry aforesaid in the Rolls of the Court aforesaid made was upon Monday the 19th day of November in the yeers 8th and 44th aforesaid and not before And that the said Richard Fells upon Sunday the said 18th day of November with 3. other Officers in his Company stayed about the Gate called Ludgate within the Liberties of the City aforesaid by virtue of the Plaint aforesaid to arrest the aforesaid John Murray as he should passe by And afterwards when the said John Murray between the hours of 5. and 6. in the Afternoon of the said 18. day of November walked and passed by and through Ludgate aforesaid in the Common Kings High-way with 6. other Persons in his Company the said Persons being armed The said Richard Fells then being one of the Sergeants at Mace of the said Richard Pyot then one of the Sherifs of the City aforesaid sworn and known and Minister of the Court aforesaid neer Ludgate in the said Common Kings High-way in the aforesaid Parish of St. Martin Bowyer Row in the aforesaid Ward of Farrington within London aforesaid came to the said John Murray and him the said John then and there within the Armes of the said Richard by virtue of the premises took and held and to the said John Murray as in the words following presently said I him the said Richard Fells meaning Arrest you meaning the said J Murray in the Kings Name at the sute of Mr. Radford the said â— Radford in the Plaint aforesaid named meaning But the said Jurors say That the aforesaid Richard Fells at the time of the Arrest aforesaid did not shew to the said John Murray any Warrant or his Mace but say That the aforesaid Richard Fells then carried and had at the back of the said Richard his Mace and that none of the Officers aforesaid who came in the Company of the said Richard Fells any Weapen then had And the said John Murray looking about him and striving with the said Richard â—ells theâ— and there said to those persons who came in the Company of the sâ—id John Murray in these English words Draw Draw Rogues upon which the said John Mackal otherwise Mackalley and John Engles otherwise English then and there being in the Company of the said John Murray drew their Rapiers And the said Richard Fells then being fallen upon the ground and the said Richard Fells lying uppermost The said Joh. Mackall otherwise Mackalley with his Rapier drawn run to the said Richard Fells then and there to rescue the said Murray from the Arrest aforesaid and with his Sword aforesaid the said Richard Fells struck and thrust in giving unto the said Richard Fells in and upon the left part of his Body under the left shoulder blade of the said Richard the stroak and mortal wound in the Indictment aforesaid
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
is to say to him and the Heirs Males of his Body issuing the Reversion thereof to the aforesaid Countess sometimes Wife of the aforesaid Richard Earl of Warwick and the Heirs of the said Countess expectant And the said late King so thereof being seized and the Reveâ—sion thereof to the said Countess in form aforesaid expectant The said Countess afterwards and before the time aforesaid in which c. At Abbotâ—sley othewise Abberly in the aforesaid County of Worcester dyed so as before is said of the Reversion aforesaid seized After whose death the Reversion aforesaid with the appurtenances descended to one Edward Earl of Warwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter of the said Countess By which the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and Right And the said Edward Earl of Warwick so thereof being seized By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th Day of January in the Yeer of his Reign the 19th amongst other things It was Enacted by him the said late King by the assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by the Authority thereof That whereas Peter Warbeck with others of the aforesaid late Kings Rebellious Enemies and Traytors in a great multitude and number to him associated entred and arrived in this Kingdom in a certain place called VVhitessonbay in the Parish of St. Bercie in the County of Cornwall the 7th day of September in the Yeer of the Reign of the said late King the 13th and levied Warr against the aforesaid late King Notwithstanding the aforesaid Peter in his Journey and issue to the said false and malicious purpose was overthrown and was taken and by the same late King committed to the Prison of the Tower of London where and in which place the aforesaid Edward Earl of Warwick confederated with the aforesaid Peter imagining and intending falsely and trayterously the death and destruction of the said late King and the overthrowing of this Kingdom of England intending to make the aforesaid Peter King of the same Kingdom by divers devises amongst them conceived and inspired endeavoured with divers his Adherents speedily by diverse false Messages and Notes to set him at liberty and at large to the intent to Execute his false and Trayterous purpose to aid and assist him to his utmost endeavour for which the aforesaid Edward Earl of VVarwick by due course of Law of the said late King out of his own Confession was convicted and attainted of High Treason as his deserts in that behalf required That the said Earl for his offences aforesaid by Authority of Parliament aforesaid should be convicted adjudged and attainted of High Treason And that he should forfeit to the aforesaid late King and his Heirs All his Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other to his use was seized or possessed of the day of the Treason either committed or done or at any time after within the Kingdom of England Ireland VVales Calice or the Counties thereof in Fee simple Fee tail for Term of life or lives Or in which the said Earl then or at any time after had lawful cause of Entry within England Ireland Wales Calis or the Counties of them And further that the aforesaid Edward Earl of VVarwick should forfeit to the said late King and his Heirs All Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Lands Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other person seized to his use or was possessed of the second day of August in the Yeer of the Reign of the aforesaid late King the 14th or at any time then after as by the said Act amongst other things more fully appeareth And the said Richard saith That the aforesaid Edward Earl of VVarwick Cousin and Heir of the said Ann Countess of VVarwick in the Fine aforesaid named and the aforesaid Edward Earl of VVarwick in form aforesaid attainted and in the Act aforesaid named are one and the same person and not other or diverse By colour of which Conviction and Attainder and by force of the aforesaid Act of Parliament The aforesaid late King Henry the 7th was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and of Right in the Right of his Crown of England And so thereof being seized and of the Mannor aforesaid with the appurtenances in his Demesn as of Fee tail in form aforesaid being seized The said late Lord the King afterwards and before the aforesaid time in which c. At VVestminster aforesaid dyed of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion aforesaid in form aforesaid seized After whose death the Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid discended to the Lord Henry late King of England the 8th as Son and Heir of the aforesaid late King Henry the 7th By which the said late King Henry the 8th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and of the Reversion of the said Mannor with the appurtenaÌ„ces as of fee right And the said late King Hen. the 8th so being thereof seized By a certain Inquisition taken at the Castle â—â— VVorcester in the aforesaid County of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King the same County by virtue of his Office by the Oathes of Richard Frier Gent. Richard â—helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh Edward Enolt Henry Dison Roger â—bud Henry VVoodward John Porter of Claynes John Brodford VValter Solli Roger Aldern of Martley and Richard VValter taken It was found amongst other things That the aforesaid Ann Countess of VVarwick in the Fine aforesaid named was seized of the Mannor aforesaid with the appurtenances whereof c. in her Demesn as of Fee and that she being thereof so seized the Fine aforesaid in form aforesaid was levied By which the aforesaid King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his Demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing And that the said Countess was seised of the Reversion of the said Mannor as of Fee and
Right and that the said Countess of the said Reversion so seized of such her Estate thereof dyed seized And that after the Death of the said Countess the said Reversion descended to the abovesaid Edward late Earl of VVarwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter and Heir of the said Countess By which the said Edward late Earl of VVarwick was seized of the Reversion of the Mannor aforesaid with the appurtenances as of Fee and Right and that the said late Earl being thereof so seized That the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the Yeer of his Reign the 19th aforesaid made was in manner and form aforesaid And that by colour of the same Act the said late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances as of Fee and Right And that the said late King Henry the 7th being so thereof sezed and of the Mannor aforesaid with the appurtenances whereof c. in form aforesaid being seized of such his Estate thereof dyed seized After whose Death The Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid descended to the aforesaid late Henry late King of England the 8th as Son and Heir of the aforesaid Lord King Henry the 7th By which the said King Henry the 8th was seized of the Mannor aforesaid with the appuretenances whereof c. in his Demesn of Fee tail that is to say to him and the Heirs Males of Body lawfully issuing the Reversion thereof to him and his Heirs in form aforesaid expectant as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster aforesaid in due manner retorned and there remaining on Record more fully appeareth And the faid Richard furher saith That the aforefaid late King Henry the 8th so of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion thereof in form aforesaid being seized The said late King Henry the 8th the 3d. day of November in the yeâ—r of his Reign the 33th at Westminster aforesaid By this Letters Patents under his great Seal of England sealed which the said Richard here in Court brings bearing date at Westminster aforesaid the same Day and Yeer Reciting That whereas the said late King Henry the 8th the 20th day of Octber in the 19th yeer of his Reign by his Letters Patents had given and granted unto Walter Walshe by the name of VValter Walshe one of the Grooms of his Privy Chamber his Mannor of Grafton â—leuere by the name oâ— the Mannor of Grafton Fleeford with his appurtenances in the County of Worcester and the Advowson of the Church of Grafton Fleeford aforesaid as also all and singular hiâ— Messuages Lands and Tenements whatsoever in Grafton Fleeford in the County aforesaid together with the Knights Fees Wards Mariages Reliefs Rents and Services whatsoever to the Mannor and other the premises and to every part therof any wise soever belonging or appertaining To have and to hold the said Mannor and other the premises with all and singular their members and appurtenances whatsoever to the abovesaid Walter for the Term of his Life as in the said Letters Patents more fully it was contained And whereas also the said late King Henry the 8th the 6th day of December in the Yeer of his Reign the 21th by other his Letters Patents had given and granted to the aforesaid Walter Walshe and to one Elizabeth then his Wife by the names of Walter VValshe one of the Grooms of his Privy Chamber and Elizabeth his Wise the Mannor of Charleton in the County of Somerset by the name of his Mannor of Charleton in the County of Somerset with all and singular his members and appurtenances whatsoever by whatsoever right or title the said Mannor in the Hands of the said late King then were To have and to hold the said Mannor with the appurtenances to the said VValter and Elizabeth and their Assignes for the Term of the Lives of the said VValter and Elizabeth and the longer liver of them as in the said Letters Patents it was more fully conteined The aforesaid late King Henry the 8th Then in Consideration of the true and laudable Service to the said Lord the King by the aforesaid VValter VValshe before that time done and after to be done And for that the said VValter the aforesaid other Letters Patents to him of the aforesaid Mannor of Grafton Fleeford alias Fleuard and the same VValter and the aforesaid Elizabeth the aforesaid other Letters Patents to them of the aforesaid Mannor of Charleton with their Members and singular their appurtenances in form aforesaid made to the said late King Henry the 8th in his Chancery had restored there to be cancelled unto the intent that the said late King Henry the aforesaid Mannor of Grafton Fleuard with the appurtenances and the said Advowson of the Church of Grafton Fleuard and all and singular Messuages Lands and Tenements of the said Lord the King in Grafton Fleuard As also the aforesaid Mannor of Abottesly in the aforesaid County of VVorcester with their appurtenances whatsoever and the Advowson of the Church of Abottesly in the County aforesaid and all Lands and Tenements of the said Lord the King whatsoever with the appurtenances in Abottesly otherwise Abberley by other Letters Patents of the said late King to the said VValter and Elizabeth he would be pleased to grant Which said former Letters Patents in the Court of Chancery aforesaid at VVestminster aforesaid to the same intent at the time of the making of the aforesaid Letters Patents here in Court were delivered up and cancelled Of the special grace of the said King and of his certain Knowledge and meeâ— motion by the same Letters Patents here in Court shewed and brought forth gave and granted unto the said VValter VValshe and Elizabeth his Wife The aforesaid Mannors of Grafton Fleuard and Abottesly otherwise Aberley with all and singular their members and appurtenances as also all and singular Lands Tenements Reversions Services Knights Fees Liberties Franchises Courts Leets Views of Frank-pledges Parkes Warrens Waifes Strayes and other Commodities and Privileges whatsoever within the aforesaid Mannors or any of them being or unto the said Mannors or any of them in any maÌ„ner belonging or appertaining To have and to hold the Mannors aforesaid and every of them and all the premises so as before is said by the said Letters Patents here in Court shewed forth granted and every part thereof with their members â—d appurtenances whatsoever to the said VValter VVaâ—she and Elizabeth his Wife and to the Heirs Males of the Body of the sâ—â—d VValter begotten as by the said Letters Patents amongst other things more fully appeareth And the said Richard saith That the aforesaid VValter long before the making of the aforesaid Letters Patents and at the time of the making thereof and long
after was Servant of the said late King Henry the 8th and one of the Grooms of the Privy Chamber of the said late King and many good laborious and laudable Services to the said late King Henry the 8th before the making of the said Letters Patents did and performed and that he said VValter the aforesaid other Letters Patents of the aforesaid Mannor of Grafton Fleuard and the said VValter and Elizabeth the aforesaid other Letters Patents of the said Mannor of Charleton with their several members and appurtenances in form aforesaid made to the said late King Henry the 8th before the making of the said other Letters Patents to them in form aforesaid made and here in Court shewed forth in his Chancery aforesaid at VVestminster aforesaid had surrendred and procured to be cancelled as in the said Letters Patents here in Court shewed forth it is alleged and testified By virtue of which Letters Patents here in Court shewed forth The said VValter and Elizabeth were seized of the said Mannor of Abottesly with the appurtenances whereof c. amongst other that is to say The said VValter in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Elizabeth in her demesn as of Free hold for the Term of her Life and the said VValter and Elizabeth so being thereof seized the said Elizabeth afterwards and before the time in which c. at Abottesly aforesaid dyed And the aforesaid VValter over-lived her and held himself in the aforesaid Mannor of Abottesly with the appurtenances whereof c. and was thereof seized in his demesn of Fee tail in form aforesaid by right of Survivour And the said VValter so thereof being seized By an Act of Parliament of the same late King Henry the 8th at VVestminster aforesaid the 8th day of July in the yeer of his Reign the 28th holden made reciting by the said Act Whereas the aforesaid Ann Countess of VVarwick in the Fine aforesaid above named in the yeer of the Reign of the late King Henry the 7th the â—â—ihrd by Fine then levied before the Justices of the King of Common-Pleas at VVestminster had given granted unto the said late King Henry the 7th amongst other things The Lordship and Mannor of Abottesly with the appurtenances in the County of VVorcester To have to the said King and the Heirs Males of his Body issuing as by the same Fine remaining on Record amongst other things it more fully appeared By virtue of which the said late King was seized of the said Mannor with the appurtenances in his demesn as of Fee tail and so thereof being seized The said Countess dyed After whose death the Reversion of the said Mannor with the appurtenances in Fee simple did descend and come to Edward late Earl of Warwick which Reversion and Fee simple of the said Mannor amongst other Castles Honours Mannors Lands Tenements and Hereditaments then after escheated and came into the Hand and possession of the aforesad late King Henry the 7th and his Heirs by the Attainder of High Treason of the said Edward Earl of Warwick as by the Record therefore more fully appeareth And the aforesaid late King Henry the 7th so thereof being seized dyed After whose death the same Castles honours manors lands tenements and Hereditaments and other the premises in the Fine aforesaid contained amongst other Lands Manors Tenements and Hereditaments descended came to the said late K. Hen. the 8th as Son Heir of the aforesaid late K. Hen. the 7th by due course of Inheritance By virtue wherof the said late K. Henry the 8th had been and was then thereof seised And because the aforesaid Castles Manors Lordships Lands Tenements and other the premises were of great value and had many great and ample Liberties Preheminences Commodities â—â—d delights to the same belonging Therefore then and there It was Enacted by Authority of the same Parliament That the aforesaid late King Henry the 8th his Heirs and Successors from hence after should have hold and injoy for ever all and singular the aforesaid Castles Mannors Tenements Lands and Hereditaments with the Appurtenances and all and singular the premises and that the said Castles Manors Tenements Lands and Hereditaments with the Appurtenannances and all and singular other the premises by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple for ever without the aforesaid or any other thing or things before then had made or used or to be allowed to the contrary in any thing notwithstanding as by the same Act more fully appeareth Saving alwayes to all and singular person and persons Bodies politique and corporate their Heirs and Successors and to the Heirs and Successors of every of them other than the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earle of Warwick Father of the late Countesse all such Rights Titles Uses Interests terms of years Demise Demises Rents Fees Annuities Possessions Reversion Remainder Distresses Entries Actions Grants Offices Commons Commodities Liberties Profits Sutes in such manner form conditions as they or any of them their heirs successors or the heirs or succes of any of them had could might or ought to have had if the Act aforesaid never had bin made any thing in the said Act of Parliament to the contrary notwithstanding as by the said Act amongst other things it more fully appeareth By colour of which Act the Reversion aforesaid to the aforesaid Manor of Abbottesley otherwise Abberley and the Manor aforesaid in Reversion after the Estate and Interest of the aforesaid Walter Walsh and Elizabeth his wife so as before is said granted to the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple did belong according to the form and effect of the Act aforesaid By which the said late King Henry the 8th was seised of that reversion as of Fee and right and the said late King so being thereof seised and the said Walter of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. in form aforesaid being seised The aforesaid Walter at Abbottesley aforesaid before the aforesaid time in which c. died of such his Estate so seised After whose decease The said Manor with the Appurtenances whereof c. descended to one Walter Walsh his Son as Son and Heir Male of the body of the same Walter Walsh his Father Issuing By which the said Walter Walsh the Son after and before the time in which c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and the aforesaid late King Henry the 8 th was seised of the Reversion thereof as of Fee and Right and so thereof being seised The said late King afterwards and before the time in which c. at
said Lands Tenements as is as aforesaid left to descend to Thomas my Son do not amount to satisfie the Queens Highnesse of the Thirds or third part to be due unto her Highnesse Then my Will and meaning is That so much other Lands next adjoyning to the said Eastendown shall descend and be to my said Thomas Digges as shall suffice to satisfie and make up the Queens Highnesse Thirds or third part and that her Highnesse be answered out of the Rents and Profits of the same and out of the Demesn made of the Mannor of Owtelmestone Item I will That Thomas Ovington aforesaid immediatly after my departure of this present world shall sell all my Lands in the Parishes of Hards and Nackington in the County aforesaid with the Rents thereunto belonging Item I will That the said Thomas Ovington or his Assignes immediatly after my death sell all those my Lands Tenements and Hereditaments with the Appurtenances whatsoever in the Parishes of Sturrey and Hackington otherwise St. Stephens in the County of Kent aforesaid and all those my Gardens in the County of Canterbury aforesaid for the sum of 200. pounds of good and lawful Mony of England And I will that the said 200. pounds comming of the sale of my Lands Tenements and Hereditaments aforesaid with the appurtennces in Sturrey Hackington and in the County of Canterbury And also that all the Money coming of the sale of all my Lands in the Parishes of Hards and Nackington aforesaid shall go and be imployed towards the payment of my Debts and for and towards the performance of this my present Testament and last Will. Item I will That if Martha my Wife by Release or otherwise will grant over all that Estate that she hath or may have in the Lands in Hards and Nackington aforesaid with the Rents thereunto belonging by way of Joynture unto such as the said Thomas or his Assignes shall make sale thereof That then the said Martha for and in recompence of her said Joynture therein shall have for term of her life all my Lands in Barham abovesaid which I purchased of Mr. William Awcher and also all my Lands there as I late had of Mr. William Boyes by way of Exchange for other Lands Item I will That Harry Aldy and Nicholas Frankline aforesaid shall have all the aforesaid Lands and Tenements with their Appurtenances Rents Reversions Services and Hereditaments other than such as before are given to Thomas Digges my Son and to Martha my Wife for the term of her life or by the way of Joynture or otherwise or willed to be sold as aforesaid and shall receive and take the yeerly Revenews and Profits thereof for and towards the further and full payment of my Debts and Legacies and Annuities afore expressed and here under mentioned and also of my Funeral Charges for and towards the bringing up of my Sons and Daughters aforesaid until either Martha my Wife or the aforesaid Thomas Ovington and Richard Brook or the aforesaid Thomas Ovington enter into Bond unto the said Henry Aldy and Nicholas Franklin or to their Assignes in such manner and form as before is expressed Item I will that if the aforesaid Thomas Ovington and Richard Brook within one moneth after such refusal aforesaid my Wife do enter into Bond unto the abovesaid Hen. Aldey Nic. Franklin as is aforesaid within the time aforesaid That the said Tho. Rich. immediatly after such Bond had made shall have the Lands Tenements aforesaid and other Hereditaments whatsoever other than such as before are given to Thomas Digges my Son or to Martha my Wife for Term of her life by way of Joynture or otherwise or appointed to be sold or are appointed to the Poor as is aforesaid and shall receive and take the yeerly Revenews and Profits thereof in such manner and form and for such purpose and effect and for no other and for so long as my aforesaid Wife should have done if she should have entred into Bond as aforesaid But if the aforesaid Richard Brook do not within the time above limited enter into Bond to the aforesaid Henry and Nicholas with the said Thomas Ovington in manner and form aforementioned but shall refuse or neglect so to do Then I will if the aforesaid Thomas Ovington within the time aforesaid do enter into Bond unto the aforesaid Henry Aldy and Nicholas Franklin in the sum of 400. pounds according as is above specified Then I will immediatly after the said entry into such Bond by the said Thomas Ovington unto the said Henry and Nicholas made and done That then the said Thomas Ovington or his Assignes shall have the aforesaid Lands and Tenements Rents Reversions and Hereditaments other then such as before is given to Thomas Digges my Son or to Martha my Wife or appointed to be sold or appointed to the Poor to dwell in as aforesaid And receive and take the yeerly Revenews and Profits thereof in such manner and form and for so long as my aforesaid Wife or her Assignes should have done if she should have entred into Bond as is aforesaid and as the aforesaid Richard Brook and the said Thomas Ovington and their Assignes should have done if the said Thomas Ovington and Richard Brook had entred into Bond unto the aforesaid Henry and Nicholas as is above specified Item I will after all my Debts Legacies Payments Annuities and Funeral Charges shall be fully satisfied discharged or be or may be fully levied That then all my Lands and Tenements with their Appurtenances other than the Lordship of Yok and the Manor of Fokeham with their Aphurtenances in the Parishes of Leneham Freinsted and Harisham in the County of Kent aforesaid and the Lands of Barham aforesaid appointed to my Wife for term of her life as is aforesaid And the Lands and Tenements in Sturrey and Hackington otherwise Saint Stephens in Canterbury and the Lands in Hardes and Nackington aforesaid with the Rents thereunto belonging appointed to be sold as aforesaid excepted and reserved shall be to my Eldest Son then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly unto every other of my Sons then living untill every of them shall come to the age of 24. yeers 4. pounds of lawful mony of England at the Feast day of the Annunciation of our blessed Lady the Virgin and Saint Michael the Archangel by even portions half yeerly to be paid and also paying yeerly to every of my aforesaid Daughters then living until every of them shall be maried or shall come to the age of 21. yeers five Marks of lawful Mony of England at the Feast days next aforesaid by even portions yeerly to be paid And if default of payment happen to be of the aforesaid several 4. pounds yeerly to every or any of the aforesaid Sons as is aforesaid or of the aforesaid several five Marks yeerly to be paid to every or any of the aforesaid Daughters
be to him adjudged c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties c. REPLEVIN Trinity Term Anno 6 to of King James Rot. 1611. in the COMMON-PLEAS C. 9. part Henry Conneys Case BArtholmew Colpit was summoned to answer to Iohn Crane of a Plea wherefore he took the Cattel of the said John and them deteined against Gages and Pledges and whereupon The said Iohn by Thomas Ganton his Attorney complaineth that the aforesaid Bartholmew the 19th day of October in the yeer of the Reign of the Lord the King that now is the 5th at Fidde St Giles in a certain place there conteining in it two Acres of Pasture the Cattel that is to say 3. Steers of the said Iohn c. them unjustly deteined against Gages Pledges untill c. whereupon he saith he is the worse and hath damage to the value of 20. pound and thereof bringeth sute c. And the aforesaid Bartholmew by William Dany his Attorney cometh and defendeth the force and injury c. and as Bayliff to Iohn Welby Esquire doth well acknowledge the taking of the Cattel aforesaid in the place in which c. and justly c. Because he saith that the said place in which it is supposed the taking of the Cattel aforesaid to be done doth contein aforesaid time in which it is supposed the aforesaid taking to be done did contein in it self 2. Acres of Pasture with the appurtenances in Fidde Saint Giles aforesaid lying there in a certain Field called South graftfield neer the Lands foot of Richard Welby Gent. sometimes Richard Delaland on the part of the North and the Kirkland on the part of the West and that one Henry Conny Esquire before the time in which was seised of the aforesaid 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee and held the same of one William Stermin Esquire as of his Manor of Richards with the Appurtenances in Tidde St. Giles aforesaid by Fealty and the Rent of 13d yeerly at the Feast of Saint Michael the Archangel to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon seasonable warning at the Manor aforesaid to be holden Of which Services the said William Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say Of the Fealty and Sute of Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee Of which Manor with the Appurtenances the aforesaid William Stermin was seised in his demesn as of Fee and so thereof being seised the aforesaid William Stermin before the time in which c. Of the aforesaid Manor with the Appurtenances the aforesaid John Welby enfeoffed To have and to hold to the said Joh. Welby his Heirs Assigns for ever To which Feoffment by the aforesaid VVilliam Stermin to the aforesaid John VVelby in form aforesaid made the aforesaid Henry Conny afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of Lord the King that now is the first then of the aforesaid two Acres of Lands with the Appurtenances in form aforesaid being seised at Fidde St. Giles aforesaid attorned By colour of which Feoffment and attorment aforesaid The said John VVelby was and yet is seised of the Manor aforesaid with the Appurtenances in his demesn as of Fee and because 40. shillings and 4 pence of the Rent aforesaid for 4. whole yeers was at the Feast of St. Michael the Archangel in the yeer of the Reign of the Lord the King that now is the 5th and after the Attornment aforesaid in form aforesaid had to the aforesaid John Welby the aforesaid time in which c. behind not paid The said Bartholmew as Bayliff of the aforesa Jo. Welby doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which for the aforesaid 4. shillings and 4. pence of the Rent aforesaid so being behind and justly c. as within his Fee and Lordship And the aforesaid John Crane saith That the aforesaid Bartholmew as Bayliff of the said John Welby for the cause above alleged the taking of the Cattel aforesaid in the aforesaid place in which ought not avow to be just Because by Protestation that the aforesaid Henry Conny held not the aforesaid 2. Acres of Land with the Appurtenances of the aforesaid William Stermin as of his Manor of Richards aforesaid by Fealty and the Rent of 13. pence for every yeer at the Feast of Saint Michael to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. Weeks to 3. Weeks upon reasonable warning at that Manor to be holden as the said Bartholmew above hath alleged And for Plea he saith That the aforesaid Henry before the time of the taking aforesaid done at the time of the taking c. was yet is seized of the aforesaid 2. Acres of Pasture with their Appurte in his demesnas of Fee held the same of Martin by Divine Providence then Bishop of â—ly as of his Manor of Fidde St. Giles with the Appurtenances in Fiddy Saint Giles aforesaid by Fealty only for all Services Without that that the aforesaid Henry at Fidde Saint Giles aforesaid to the aforesaid John Welby attorned Tenant in manner and form as the said Bartholmew above hath alleged And this he is ready to aver Wherefore for as much as the aforesaid Bartholmew the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John demandeth Judgement and his damages by the occasion of taking of the said Cattel to be to him adjudged c. And the aforesaid Bartholmew as at first saith That the said Henry did attorn Tenant to the aforesaid John Welby in manner and 〈◊〉 as the said Bartholmew above hath alleged And oâ— this puts 〈…〉 lf upâ—â— the Country and the said John likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. Because as well c. And afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and William Daniel Knight one of the Justices of the Lord the King of the Bench aforesaid Justices of the said Lord the King to Assizes in the County of Cambridge to be taken assigned by the â—orm of the Statute c. this turn associated the presence of the aforesaid William Daniel not expected by virtue of the Writ of the said Lord the
King of 〈◊〉 c. came as well the within named John Crane as the within written Bartholmew Colpit by their Attornies within conteined And the Jurors of the Jury whereof within mention is made being called come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That the within named Henry Conny before the time within written in which c. was seized oâ— the within written 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee by discent from his Father And that the said Henry the said 2. Acres of Pasture with the Appurtenances held of the within named VVilliam Stermin â—s of his Manor of Richards with the Appurtenances in Fidde St. Giles within written by Fealty and the Rent of 13. pence at the Feast of Saint Miâ—hael the Archangel to be paid as also by the service of doing Sute at the Court of him the said VVilliam Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon reasonable warning at the Manor aforesaid yeerly to be holden and that of the services aforesaid the said VVilliam Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say of the Fealty and Sute of the Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee as the aforesaid Bartholmew within hath alleged And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid William Stermin of the Manor aforesaid with the Appurtenances was seized in his demesn as of Fee And so thereof being seized The said William Stermin before the within written time in which c. of the said Manor with the Appurtenances enfeoffed the within named John Welby To have and to hold to the said John Welby his Heis and Assigns forever And that the aforesaid Henry Conny being of the Age of 20. and within the Age of 21. yeers at the aforesaid Feoffment by the said William Stermin to the aforesaid John Welby in form aforesaid made of the aforesaid 2. Acres of Pasture with the Appurtenances in form aforesaid being seized at Fidde Saint Giles aforesaid agreed and the payment of the Rent aforesaid to the aforesaid John Welby promised And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here That the agreement of the aforesaid Henry Conny to the Feoffment aforesaid and his promise of the payment of the Rent aforesaid so as before is said by him the said Henry Conny he being within the Age of 21. yeers are an Attornment Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Henry did Attorn Tenant to the aforesaid John Welby in manner and form as the aforesaid Bartholmew Colpit within hath alleged And if upon the whole matter aforesaid by the Jurors in form aforesaid found it shall seem to the Court That the Agreement of the said Henry Conny to the Feoffment aforesaid and his promise aforesaid of payment of the Rent aforesaid so as before is said by him the said Henry being within the age of 21. yeers be not an Attornment Then the Jurors say upon their Oath aforesaid That the said Henry Conny did not Attorn Tenant to the aforesaid John Welby as the aforesaid John Crane in pleading hath alleged and then they assesse the damages of the said John by occasion within written besides his costs and charges by him about his Sute expended to 12. pence and for his costs and charges to 5. shillings Therefore c. RESTITUTION Trinity Term Anno 13. JACOBI Rot. 23. in the KINGS-BENCH C. 11. part James Bagges Case fol. 93. a. JAMES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the Mayor and Cominalty of the Borough of Plymouth in the County of Devon greeting c. Whereas James Bagg one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid according to the custom of the Borough aforesaid hithereto used was duly chosen and made And whereas the same James in the Office in of the 12. Chief Burgesses or Magistrates of the Borough aforesaid a long time carried and well governed himself Yet you the Mayor and Cominalty of the Borough aforesaid little regarding the aforesaid Iames unduly and without reasonable cause from the Office of one of the 12. Chief Burgesses and Magistrates of the Borough aforesaid unjustly and have amoved in contempt of us and to the no little damage and grievance of him the said Iames and the hurt of his Estate as we by his complaint have understood We therefore to the said Iames willing due and speedy Justice to be done in this behalf as is just command you and every of you as before time we have you commanded firmly enjoying you That immediatly after the Receipt of this Writ the aforesaid Iames in the aforesaid Office of one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid you restore with all the Liberties Privileges and Commodities to the Office aforesaid belonging and apperteining Or that you signifie the cause thereof unto us least in your default complaint thereof again to us come And how this our Writ shall be executed to us from the day of Holy Trinity in three Weeks wheresoever we shall be England you make it to appear under the penalty of 40. pound this our Writ then sending back c. Witnesse E. Coke at Westminster the 12th day of June in the yeer of our Reign of England France and Ireland the 13th and of Scotland the 48th By the Term of Trinity Anno 130. Jac. King JAMES Rot. 23. Execution of this Writ doth appear in a certan Schedule to this Writ annexed John Clement Mayor The Answer of the Mayor and Cominalty of the Borough of Plymouth to the Writ to this Schedule annexed According to the command of the Writ aforesaid To the Lord the King we most humbly certifie That the Lady Elizabeth late Queen of England by her Letters Patents with the great Seal of England sealed bearing date at Westminster the 28th day of February in the 43th yeer of her Reign for her self her Heirs and Successors granted to the Mayor and Cominalty of the Borough of Plymouth aforesaid and their Successors amongst other things That the Mayor and Recorder of the Borough aforesaid for the time being the time that they should happen to be in their Offices And further the Predecessors of the said Mayor then alive and for the time being and their Successors should be Justices of the said late Queen her Heirs and Successors to keep the Peace in the said Borough and within the Limits Precincts and Liberties thereof and to be kept and to cause to be conserved and kept without any Command Commission or Warrant for the same to be had or to be obteined And further to the said Lord the King we certifie That
Integrity and gravity And further to the said Lord the King we Certifie That afterwards that is to say the first day of February in the yeer of the Reign of the said Lord the King that now is the 8th the aforesaid James Bagg continuing in his evil disposition and intent aforesaid at Plymouth aforesaid in the Guild-hall of the Borough aforesaid in the presence of one Thomas Fowens then being Mayor of the Borough aforesaid in the presence and hearing as well of the Chief Burgesses as of the other Inhabitants of the Borough aforesaid scornfully and without reasonable cause spake to the aforesaid Thomas Fowens these false and injurous words following that is to say Thou the aforesaid Thomas Fowens then Mayor intending art an Insolent Fellow whereas in Truth the said THOMAS in the whole course of his Life bore himself towards all Men Honestly Civily and with Praise And further to the said Lord the King we certifie that the afterwards that is to say the first day of August in the yeer of the Reign of the said Lord the King that now is the 9th at Plymouth aforesaid in the presence and hearing of the aforesaid Thomas Fowens and of very many other of the Burgesses of the Burough aforesaid being gathered together in the Guild Hall of the Burough aforesaid the aforesaid James Bagg continuing his evil disposition and intent aforesaid divers contemptible words of the aforesaid Thomas Fowens then being Mayor of the Burrough aforesaid with a loud voice spake and uttered upon which the aforesaid Thomas Fowens with mild words admonishing the aforesaid James Bagg that he would desist from uttering such contemptible words aforesaid the aforesaid James Bagg thereupon then and there that is to say the 10th day of August in the 9th yeer abovesaid at Plymouth aforesaid and in the presence and hearing of the aforesaid Thomas Fowens then Mayor of the Burrough aforesaid and very many other of the Burgesses and Inhabitants of the Burrough aforesaid and in contempt and disdain of the said Thomas Fowens then Mayor turning the hinder part of his Body in an unhumane and uncivil manner towards the aforesaid Thamas Fowens scoffingly contemptuously and uncivily with a loud voice said to the aforesaid Thomas Fowens these words following that is to say come and Kâ—ss And further to the said Lord the King we certifie that afterwards that is to say the 20th day of August in the yeer of the Reign of the Lord the King that now is the 19th at Plymouth aforesaid the aforesaid James Bagg with most arrogant words threatned the said John Fowens then being Mayor oâ— the Burrough aforesaid without any reasonable cause and then and there to the said John Fowens threatningly and malitiously spake the words following that is to say I will make thy neck crack And further to the said Lord the King we certify that afterward that is to say the third day of May in the yeer of the Reign of the Lord the King that now is the 12th A certain Order and friendly Instrument of admonition was made by Iohn Scobb Mayor of the Burrough aforesaid and the greater part of the Chief Burgesses of the same Burrough in these words that is to say The 9th day of May 1614. the day and year above written It was agreed by John Scobb Mayor and such other of the Maisters here under written that if Mr. Iames Bagg the Elder do not before the next sâ—ssions to be holden within the Burrough of Plymouth Reconcile himself to the said Mayor and his brethren for such wrongs as he hath committed against them and withall faithfully promise to demean himself more orderly temperately for the time to come that then he shall be clean removed from the Bench and a new Master chosen in his Room which Order or Instrument was made and subscribed by the said Mayor and other of the Chief Burgesses of the Burrough aforesaid And further to the said Lord the King we Certifie That the aforesaid James Bagg before the aforesaid next sessions in the Order aforesaid mentioned did not make any such reconciliation or promise of Conformity as in the Order aforesaid is specified although full notice of the aforesaid Order immediately after the making thereof before the aforesaid next sessions was given to him at Plymouth aforesaid And further to the said Lord the K. we Certifie that afterwards that is to say the 20th day of Febr. in the yeer of the Reign of the said Lord the K. that now is the 12th the afores Jam. Bagg continuing his evil dispositioÌ„ in his intent aforesaid at Plymouth afores in the Guild-hall of the Borough aforesaid in the presence hearing of John Scobb one of the Chief Burgesses of the Borough aforesaid And then being a Justice for the keeping of the Peace within the Borough aforesaid by virtue of the Letters Patents aforesaid by reason of his Mayralty of the Borough aforesaid the yeer then next before and in the presence and hearing of the then Mayor of the Borough aforesaid and of diverse other of the Burgesses and Inhabitants of that Borough contemptuously these words following spake uttered of the aforesaid John Scobb openly and publickly falsely and scandalously that is to say You the aforesaid John Scobb intending are a Knave whereas the aforesaid John Scobb honestly and with praise carried and governed himself And further to the said Lord the King we Certifie That afterwards that is to say the 10th day of December last past then the Mayor of the said Borough and diverse of the Chief Burgesses of the Borough aforesaid at Plymouth aforesaid being assembled together in the Almes-house of the said Borough to require and receive an Account of the Overseers of the Borough of the Borough aforesaid as in times past and time whereof the Memory of Man is not to the contrary it was used the aforesaid James Bag then and there in the presence and hearing of the said Mayor and other of the Chief Burgesses aforesaid without any reasonable cause openly and publickly sayd to the said Thomas Shervill there then present and one of the Chief Burgesses of the Burrough aforesaid and for the space of 10. yeers then last past being these false and scandalous words following that is to say You the said Thomas Shervill intending are a seditious Fellow whereas in Truth the aforesaid Thomas Shervill alwaies lived not suspected of any such crime of Sedition and from time in the Office of Mayor of the Burrough aforesaid as in the place and Office of Chief Burgesse Honestly Discreetly and with great Integrity carried and governed himself And further to the said Lord the King we Certifie That whereas the said Lord the King the day of January in the 12th yeer of his Reign aforesaid at Westminster in the Counâ—y of Middlesex with the Advise of the Lords of his Privy Council of this his Realm of England Ordained and Commanded by publick Proclamation and by Letters written under
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
King Henry the 8th afterwards at Westminster aforesaid died the said Edward late Prince being the Son and Heir of the aforesaid late King Henry the 8th And the said Edward late Prince to the said King Henry the 8th in the aforesaid Kingdom of England by right of Inheritance succeeded and King of the aforesaid Kingdom of England by the name of Edward the 6th King of England came to be And afterwards the said Edward the 6. late King of England at Westminster aforesaid dyed without Heir of his body begotten the Lady Mary late Queen of England being his Sister and heir of the said late King Edward the sixt and the aforesaid Lady Mary to the said late King Edward the sixt in the aforesaid Kingdom of England by right of Inheritance succeeded and became Queen of the aforesaid kingdom of England and afterwards the said Queen Mary at Westminster aforesaid died without heir of her body begotten the Lady Elizabeth late Queen of England being Sister and Heir of the aforesaid late Queen Mary the aforresaid Lady Elizabeth to the said late Queen Mary in the aforesaid kingdom of England by right of Inheritance Succeeded and became Queen of the kingdom of England And afterwards the said Queen Elizabeth at Westminster aforesaid dyed without Heir of her Body begotten We then and yet being Cosin and Heir to the said late Queen Elizabeth and we succeeded the late Queen Elizabeth in right of Inheritance in the same Kingdom of England and became and now are King of England and now the most Excellent Prince Henry our Eldest Sonn now Duke of Cornwell hath requested us that whereas the aforesaid Lady Elizabeth late Queen of England by her letters Patents Sealed with the great Seal of England bearing date at Westminster the second day of May in the yeer of her Reign the 37th granted at Gellio Merick then Esquire now Knight now deceased and Henry Lindley then Esquire now Knight the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances to have and to hold to them the said Gellio Merick and Henry Lindley and their Heirs for ever as in the Letters Patents thereof more fully it is conteyned And whereas the aforesaid Manors of VVest Taunton Trelowia and Landalph to the aforesaid Dutchy as is said annexed and united to the same now Duke by Colour of the gift grant and union aforesaid by the authority of Parliament aforesaid belonged and yet ought to belong and were member and parcel of the same Dutchy and yet are as the said pious Prince and Duke by waies and means convenient is ready to shew That we would the said Letters Patents aforesaid of the aforesaid Manors of West Taunton Trelowia and Landalph as before is said made revoke and annull and the said Manors with their appurtenances seize into our hands that we cause the said Manors to the said now Duke as members and parcel of the Dutchy aforesaid to have and to hold according to the form and effect of the guift grant and union aforesaid to be delivered We willing to do in this behalf what is Just Command you that by good and Lawfull men of your Bayliwick you give warning to the aforesaid Henry Lindley Knight and John Hele Knight Serjeant at Law Tenants of the said Manors of West Taunton Trelowia and Landalph and also to whosoever other or others are Tenants of the said Mamors of West Taunton Trelowia and Landalph or any of them that they be before us in our Chancery in 8. dayes of Saint Hillary next coming whensoever it shall be to shew what for us and themselves they have or can say Wherefore the Letters Pattents aforesaid of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances as before is said made ought not to be revoked and annulled and the said Manors with the appurtenances into our hands be seised as before is said to the now Duke as members and parcel of the Dutchy aforesaid according to the form and effect of the gift grant and union aforesaid to have and to hold to be delivered and to do and receive what our said Court then and there shall further grant in this behalf Witness my self at Westminster the 18th day of November in the yeer of our Reign of England France and Ireland the third and of Scotland the 39th and now at this day that is to say the aforesaid 8 dayes of Saint Hillary before the said Lord the King that now is in his said Court of Chancery here cometh Edward Coke Knight Attorny General of the said Lord the King that now is who prosecuteth in his behalf for the said Lord the King in his proper person And Francis Godolphin Knight being Sheriff of the County of Cornwell now sendth here the Writ aforesaid served executed in form following the 21. day of Dec. in the 3d. yeer aboves by virtue of the writ afores to him directed that he gave warning by Joh. Edgecombe Wal. Blant good Lawfull men of his Bayliwick to the afores Hen. Lindley Kt. and also the same day and yeer by the said good and Lawfull men he gave warning to the aforesaid John Hele Knight and to one Warwick Hele Knight Tenants of the aforesaid Manors of West Taunton Trelowia and Landalph above mentioned to be before the said Lord the King that now is here at this day to shew do and receive what that Writ in it requireth and demands And the aforesaid Henry Lindley Knight John Hele Knight and Warwick He le Knight the 4th day of pleas being called by Richard Wilkinson their Attorny come and pray Licence to Imparl and it is graunted to them c. and upon this day is given to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King in the said Court here that is to say at Westminster aforesaid until in 8. dayes of the Purification of the blessed Mary then next c. wheresoever c that is to say to the aforesaid Henry John and Warwick to imparl and then to answer c. The same day is given to the aforesaid Edward Coke Knight the Atorney General of the Lord the King that now is who c. then to be here c. At which 8. days from the Purification of the blessed Lady Mary before the said Lord the King in the said Court here that is to say at VVestminster aâ—oresaid come as well the aforesaid Edward Coke Knight who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorney aforesaid and upon this the said Henry John and Warwick by their Attorney aforesaid pray farther License thereof to imparl before the said Lord the King that now is in the said Court here that is to say at VVestminster aforesaid until in 15. days of Easter then next following c. wheresoever c. and then to answer c. and have it c. and the same
day is given to the aforesaid Edward Coke Kt. the Attorny General of the said Lord the King that now is who c. then here c. At which 15. dayes of Easter before the the said Lord the King that now is in the said Court here that is to say at VVestminster aforesaid come as well the aforesaid Edward Coke Attorny General of the Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and VVarwick Hele by their Attorny aforesaid and upon this the aforesaid Henry John and VVarwick by their Attorney aforesaid further pray Leave thereof to Imparl before the said Lord the King that now is in the said Court here that is to say At West aforesaid until the Morrow of the Holy Trinity then next following wheresoever c. And then to Answer c. have it c. And the same day is given to the aforesaid Edward Coke Knight Attorny General of the Lord the King that now is who c. then here c. At which Morrow of Holy Trinity before the Lord the King that now is in the said Court c. that is to say at Westminster aforesaid come as well the aforesaid Edward Coke Knight Attorny General of the Lord the King that now is who c. in his proper person As the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid And upon this The said Henry John and Warwick by their Attorny aforesaid pray further license thereof to imparl before the said Lord the King that now is in the said Court here that is to say at Westminster aforesaid until the Morrow of All Souls then next following wheresoever c. And then to Answer c. And have it c. And the same day is given to Edward Coke Knight Attorny General of the Lord the King that now is who c. then here c. At which Morrow of All Souls before the Lord the King that now is in the said Court here that is to say at Westminster aforesaid come as well Henry Hobert Knight then Attorny General of the said Lord the King who for the said Lord the King that now is prosecutes in his proper person as the aforesaid Henry Lindley John Hele and VVarwick Hele by their Attorny aforesaid Upon which the said Henry Lindley by his Attorny aforesaid prayeth the hearing of the said Writ of Scire Facias above mentioned and it is read unto him c. Which being read and heard The said Henry Lindley saith That neither the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances in form aforesaid made ought to be revoked or annulled not the said Manors into the Hands of the said Lord the King ought to be seized Because he saith That there is not any such Record of any such Act of Parliament of the aforesaid King Ednard the 3d. made as in the aforesaid Writ of Scire Facias above thereof is rendred and specified Nor is there any such Record of the aforesaid Charter by the aforesaid late King Edward the 3d. by Authority of the Parliament aforesaid above recited and specified as in the said Writ of Scire Facias above is recited and specified And this the said Henry is ready to aver Wherefore he demands Judgement if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the Manors aforesaid with their Appurtenances so as before is said made ought to be revoked or annulled or the said Manors with the Appurtenances to be seized into the Hands of the said Lord the King that now is c. And the aforesaid John Hele and VVarwick Hele by their Attorny aforesaid By Protestation That there is not any Record of any such Act of Parliament of the said 11th yeer of Edward late King of England the 3d. nor that there is any such Record of the aforesaid Charter by the foresaid late King Edwâ—rd the 3d. by Authority of Parliament aforesaid as in the said of Writ Scire Facias is mentioned For Plea they say That neither the aforesaid Letters Patents of the aforesaid Lady Elizabeth of the aforesaid Manors of VVest Taunton Trelowia and Landalph with the Appurtenances in form aforesaid made ought to be revoked or annulled or the Manors aforesaid with the Appurtenances be seized into the Hands of the Lord the King thâ—t now is or any of them ought to be seized c. Because they say That the aforesaid late Lady Queen Elizabeth before the making of the Letters Patents aforesaid to the aforesaid Gellio Merick and Henry Lâ—ndley was seized in her demesn as of Fee in the Right of her Crown of England of the aforesaid Manors of VVest Taunton Trelowia and Landalph with the Appurtenances in the aforesaid Writ of Scire Facias mentioned and expressed and so thereof being seized The said late Queen Elizabeth by her Letters Patents under the great Seal of England sealed bearing date at Westminster in the yeer of her Reign the 37th and here in Court brought In consideration of the good true faithful and acceptable Service to the aforesaid Lady the Queen by her then well-beloved and faithful Cosen and Counsellor Robert late Earl of Essex of the most Noble Order of the Garter Knight and Master of her Horse before that many times done and performed as for other good causes and considerations the said late Lady the Queen then specially moving As also at the humble request of the said late Earl of Essex of her special grace certain knowledge and meer motion gave and granted the Manors aforesaid with their Appurtenances amongst other to the aforesaid Gellio Merick and Henry Lindley then Esquires and afterwards Knights To have and to hold the said Manors with the Appurtenances to the aforesaid Gellio Merick and Henry Lindley their Heirs and Assigns forever And the aforesaid late Lady the Queen by the same her Letters Patents granted for her her Heirs and Successors That the aforesaid Gellio Merick and Henry Lindley their Heirs and Assigns should have and enjoy the aforesaid Manors with the Appurtenances according to the intent of the said late Queen in the said Letters Patents conteined And that the said Letters Patents should be firm valid good sufficient and effectual in Law against the said Lady the Queen her Heirs and Successors as well in all her Courts as elsewhere within the Kingdom of England without any manner of Confirmations Licenses or Tollerations of the said Lady the Queen her Heirs and Successors then forever by the aforesaid Gellio Merick and Henry Lindley or their Heirs or Assigns to be procured or obteined Notwithstanding the Statute in Parliament of the Lord Henry late King of England the 8th in the 37th yeer of his Reign made Concerning the Dutchy or Cornwall Honour of Newelm otherwise Ewelm as in and by the said Letters Patents
said late Queen after the beginning of her Reign was or then after should be intituled by any Attainder Escheat Conveiance or Assurance whatsoever and in which Letters Patents Grants or Writings no Estate Tail then before made or supposed to be made was recited or from henceforth should be and the Reversion or Remainder thereof expectant in the said Letters Patents Grants or Writings granted or mentioned to be granted or any defect of certainty or ill computing mistaking rating or setting forth of the yeerly value or rate of the premises or yeerly Rents reserved of and for the premises or any parcel thereof mentioned or conteined in the same Letters Patents aforesaid or other Writings or for that that the premises then were or any part thereof valued at a greater or lesser value in the said Letters Patents or Writings than the said Manors Lands Tenements and other premises then were or were in yeerly value or any misnaming or not true naming of Town Hamblet Parish or County where the said Honors Manors Lands Tenements Rents Hereditaments and other the premises and every part thereof or any parcel thereof lay or were or any defect of true naming of the Lands Tenements or Hereditaments or any parcel thereof or of the Nature Kind Quality or Quantity of the aforesaid Possessions or Hereditaments or of any parcel thereof or any default of true naming of any Corporation or any default of Attornment Livery or Seisin or any ill naming of any the late Tenants of the aforesaid Honors Manors lands Tenements and Hereditaments or of any part thereof so sold granted or given or any ill naming of any person or persons Bodies Politick or Corporate who any time before the making of such Letters Patents were or then after should be proprietors of the premises or any any part thereof to the contrary notwithstanding as by the said Act amongst other things it more fully appearh And the said John Hele and Warwick further say That the said late Queen Elizabeth never had any Son And that the aforesaid Gellio Merick and Henry Liâ—dley were at and before the time of the making of the said Leters Patents so as before is said made Subjects of the said late Queen Elizabeth and born at Westminster aforesaid All and singular which The said John Hele and Warwick are ready to aver Whereupon they demand Judgement if the said Letters Patens of the aforesaid late Queen Elizabeth of the Manors aforesaid with the Appurtenances so as before is said made ought to be revoked and annulled or the Manors aforesaid with the Appurtenances or any of them ought to be seized into the Hands of the Lord the King that now is c. And the aforesaid Henry Hobert Knight Attorny General of the Lord the King that now is who c. present in Court in his proper person As to the aforesaid Plea of the said Henry Lindley above in form aforesaid pleaded for the said Lord the King saith That the said Henry Lindley ought not be admitted to plead That there is not any such Record of any such Act of Parliament of the aforesaid Lord King Edward the 3d. made Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made as in the aforesaid Writ of Scire Facias thereof is recited and specified Because he saith That the said Lord King JAMES now King of England saw the Inrollment of the aforesaid Act of Parliament of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is within his Tower of London in the yeer of the Reign of the aforesaid late King Edward the 3d. the 11th inrolled upon Record there remaining The Tenor of Inrollment of which Act of Parliament and Charter aforesaid the said JAMES now King of England by his Letters Patents under the Great Seal of England sealed here in Court by the aforesaid Attorny General of the Lord the King that now is for the said Lord the King that now is now brings in Court bearing date at Westminster aforesaid the 5th day of March in the yeer of the Reign of the said Lord the King that now is of England France and Ireland the 3d. and of Scotland the 39th Exemplified amongst other things Which Exemplification as to the Inrollment of the aforesaid Act of Parliament and Charter aforesaid followeth in these words JAMES by the Grace of God of England Scotland France and Ireland defender of the Faith c. To All to whom these present Letters shall come greeting We have seen the Inrollment of a certain Charter bearing date the 17th day of March in the yeer of the Reign of the Lord Edward late King of England the 11th To his well-Beloved and Faithful Edward Earl of Chester his Eldest Son granted in the Rolls of our Chancery within the Tower of London remaining of Record in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Provosts Ministers and all Bayliffs and his faithful People Greeting Amongst other the tokens of Honour of our Kingdom we esteemed it the chiefest that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels Therefore there being many degrees of Inheritance in our Kingdom where by descent the Inheritance according to the Law of this Kingdom to Co-heirs and Parciners and for want of such issue and such like events the same came to our Hands We therefore desiring to beautifie our Kingdom and in best manner to defend our Kingdom and the holy Church thereof and our Subjects and Kingdoms against the endeavors and Adversaries thereof and considering and looking that Peace between us and Subjects be maintained and to dignifie the Places of honour of our Kingdom And taking into our consideration the person of our well-Beloved and Faithful Edward Earl of Chester our Eldest Son and taken to Honour the same our Son the name and Honour of Duke of Cornwall with the common consent and counsel of the Prelates Earls Barons and others of our Counsel in this present Parliament at Westminster upon Monday next after the Feast of Saint Mathew the Apostle last past being assembled we have given and made him Duke of Cornwall and girt him with a Sword as behoveth And that there may be no doubt hereafter what or how much the same Duke or other Dukes of the same place who for the time shall be in the name of the said Dutchy ought to have Our Will is that all in specialty which to the said Dutchy doth beloug be inserted in this our Charter Therefore for us and our Heirs we have given and granted and by this our Charter confirmed to the same our Son under the name and Honour of Duke of the said Place The
things to the said Castles Burroughs Towns Manors Stannaries and Coinage Lands and Tenements whatsoever and wheresoever belonging or appertaining of us our Heirs forever together with said 24. pound Farm which the aforesaid John de Mere to us yeerly for his whole Life is bound to pay for the said Castle and Manor of Mere granted to him by us to hold for the term of his Life to be taken yeerly by the Hands of the said John de Mere all his Life And also with the aforesaid 1000. Annual Marks to the aforesaid Earl of Salisbury of the profits of the Coinage aforesaid by us so granted after obteined by him or the Heirs Males of his Body begotten seisin of the aforesaid Manor of Tonbridge and Manor of Aldebourn Ambresbury Winterbourn Caneford Hengstreg and Charlton after the decease of the said Earl of Surrey and Johan And the said 200. Marks of Land and Rent of the said Earl of Salisbury and the said Heirs Males of his Body so provided for the like proportion of the said Castles Manors Lands and Tenements with the whole and particulars to the Hands of the said Earl of Salibury or the Heirs Males of his Body lawfully begotten should come as aforesaid And that the aforesaid Castle and Manor of Knaresburgh with its Hamblets and Members and the Honour of Knaresburgh And the Manor of Istelworth with the Appurtenances after the death of our aforesaid Consort The Castle and Manor of Lydeford with the Appurtenances and with the said Chase of Dertmore with the Appurtenances and the Manor of Bradnests with the Appurtenances after the decease of the aforesaid Margaret And the Castle and Manor of Mere with their Appurtenances after the death of the aforesaid John de Mere remain to the said Duke To have and to hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the same place in the Kingdom by Inheritance to succeeed 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 and Services of Tenants as well Free as Villeins and all other things to the said Castles Manors Honours howsoever and wheresoever belonging or appertaining of us likewise and our Heirs for ever aâ— before is said All which Castles Burroughs Towns Manors Honours Stannaries Coinage Farms of Exeter and Wallingford Lands Tenements as above are specified together with Knights Fees Advowsons and all other things abovesaid to the said Dutchy by this our present Charter for us and our Heirs we do annex and unite to the same to remain forever So as from the said Dutchy at no time hereafter they be severed nor to any person or persons then the Dukes of the same place by us or our Heirs they be given or in any wayes granted So that to the aforesaid Duke or other Dukes of the same place they descend And Son or Sons to whom the said Dutchy by colour of the aforesaid our Grants it behoves to belong then not appearing The same Dutchy with the Castles Burroughs Towns and all other things aforesaid to us and our Heirs Kings of England shall revert in our Hands and in the Hands of our Heirs to be kept until such Son or Sons in the said Kingdom of England hereditable successively appear as is said to whom successively the said Dutchy with the Appurtenances for us and our Heirs we grant and will to be delivered to be holden as above is expressed And that the said Duke and his Heirs Eldest Sons Dukes of the said place for ever have Free Warren in all the Demesns of the Lands aforesaid whilest yet the same Lands are not within the Bounds of our Forrests So as none enter into those Lands to hunt in them or to take any thing which to Warren belongeth without the License and Will of the said Duke and the other Dukes of the said place upon payn of forfeiture 10. pound as before is said These being Witnesses The most Reverend Fathers John Archbishop of Canterbury Primate of all England our Chancellor Henry Bishop of Lincoln Richard Bishop of Durham John de Warren Earl of Surrey John de Betto Campo Earl of Warwick Thomas Wake of Lydel John de Mowbray John Darcy of Neuen Steward of our House and others Given by our Hand at Westminster the 17th day of March in the yeer of our Reign the 11th By the King himself and the whole Council in Parliament But we The Tenor of the Charter Record and Act of Parliament aforesaid at the Request of the well-Beloved and Faithful Thomas Stephens Esquire Attorny General of our well-Beloved and most dear Son our Eldest Son Henry Prince and Duke of Cornwall caused to be Exemplified by these presents In Witnesse whereof we made these our Letters Patents Witnesse my self at Westminster the 5th day of March in the yeer of our Reign of England France and Ireland the Third and of Scotland the 39th as by the said Letters Patents of Exemplification aforesaid here in Court brought more fully appeareth And the said Henry Hobert Attorny General of the said Lord the King that now is for the said Lord the King that now is saith and will aver That the aforesaid Act of Parliament aforesaid of the aforesaid late King Edward the 3d. made and the aforesaid Charter by the aforesaid late King Edward the 3d. by authority aforesaid of the Parliament of the same late K. Ed. the 3d. made And the aforesaid Charter by the aforesaid late K. Ed. the 3d. by Authority of Parliament aforesaid made whereof is the Inrolment aforesaid in the aforesaid Exemplification of the Inrollment aforesaid as before is said is made mention are one and the same and not other nor divers Whereupon the said Attorny General of the said Lord the King if that now is for the said Lord the King here demandeth Judgement If the aforesaid Henry Lindley to say that there is not any such Record of such Act of Parliament aforesaid of the aforesaid late King Edward the 3d. Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid in the Writ aforesaid of Scire Facias specified against the said Letters Patents of Exemplification aforesaid here in Court by the said Attorny of the aforesaid Lord the King that now is for the said Lord the King now shewed forth ought to be admitted And further the said Henry Hobert the Attorny General of the said Lord the King that now is for the said Lord the King prayeth that the said Letters Patents of the aforesaid late Queen Eliz. as unto the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances be revoked and annulled and that the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances into the Hands of the said Lord the King that now is to
assembled That the said late King should have hold possess and enjoy to Him his Heirs and Successors all and singular such late Monasteries Abbies Priories Nunneries Colledges Houses of Fryers and other Ecclesiastical and Religious Houses and places of what kinds natures qualities or diversities of Habits Rules Professions or Orders they or any of them were named known or called which after the fourth day of February in the year of the Reign of the aforesaid late King the 27th were dissolved suppressed renounced relinquished forfeited given up or by any other means came to his Highnese and by the same Authority and in like manner should have hold possess and enjoy all Scites Circuits Precinctts Mannors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories Appropriated Vicaridges Churches Chapels Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Commons Leets Courts Liberties Priviledges Franchises and other whatsoever Hereditaments which appertained or belonged to the said late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryers and other Religious and Ecclesiastical Houses and Places at the time of the aforesaid dissolution suppressing renouncing forfeiting giving up or by any other manner of means came to the said Kings Highnesse after the 4th day of February above mentioned And further it is Enacted by the Authority aforesaid That not only all the singular the aforesaid late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places Scites Circuits Precincts Manors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services and all the singular other the premises from thence immediatly and presently but also all other Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and all and singular other Ecclesiastical and Religious Houses which hereafter should happen to be dissolved suppressed renounced relinquished forfeited given up or by any other means came to the Kings Highnesse And also all Scites Circuits Precincts Manors Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories approprate Viccarages Churches Chapels Advowsons Nominations Patronages Hundreds Rights Interests Entries Conditions Leets Courts Liberties Privileges Franchises and other Hereditaments whatsoever were belonging or appertaining to them or any of them whersoever and as soon as they should be dissolved suppressed renounced relinquished forfeited given up or by any other means come to the Kings Highnesse should be vested and adjudged by Authority of the same Parliament in the very actual and real seisin and possession of the said late King his Heirs and Successors for ever in state and condition as then they were And as if all the said Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses so dissolved suppressed renounced relinquished forfeited given up or came to the Kings Highnesse as aforesaid as also the aforesaid Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places which then after should happen to be dissolved suppressed renounced relinquished or given up to his said Highnesse Scites Circuits Precincts Manors Lordships Grainges and other the premises whatsoever in the said Act of Parliament specially or particularly recited or expressed by expresse Names Words Faculties and in their Natures Kinds Qualities as in the said Act amongst other things more fully it appeareth And the said Jurors further say upon their Oath aforesaid That the aforesaid Monastery or Priory of Bolton aforesaid after the aforesaid 4th day of February in the 27th yeer aforesaid that is to say the 11th day of June in the yeer of the Reign of the said late King the 31th aforesaid was dissolved By Colour of which Dissolution and by force of the Statute aforesaid That aforesaid late King was seized of the aforesaid Monastery or Priory of Bolton aforesaid and of the Reversion of the aforesaid 4. acres of Land with the Appurtenances amongst other things in his Demesn as of Fee in the Right of his Crown of England And that the aforesaid Messuage and Tenement called Vngthorp and the aforesaid 4. acres of Lands with the Appurtenances in which c. At the time of the Dissolution aforesaid were parcel of the possessions of the aforesaid Monastery or Priory And the said late King so thereof being seized the 3d. day of April in the 33th yeer of his Reign By his Letters Patents sealed with the Great Seal of England to the Jurors aforesaid shewed in Evidence Gave and Granted unto Henry late Earl of Comberland all the aforesaid Tenement Messuage and Farm with the Appurtenances called Vngthorp whereof the within written 4. acres with the Appurtenances adjoyning were and yet are parcel To have and to hold to the said late Earl his Heirs and Assigns for ever By Colour of which Letters Patents The said late Earl was amongst other things seized of the Reversion of the aforesaid Tenement Messuage and Farm with the Appurtenances whereof the aforesaid 4. acres of Lands with the Appurtenances in which c. then were and yet are parcel in his Demesn as of Fee And the aforesaid Hugh and Agnes for the aforesaid Term of yeers in form aforesaid being possessed the Reversion thereof to the aforesaid Earl his Heirs expectant the aforesaid Hugh dyed of the aforesaid 4. acres of Land with the Appurtenances in which c. in form aforesaid possessed And the aforesaid Agnes overlived him the said Hugh and was of the aforesaid 4. acres of Land with the Appurtenances in which c. possessed by way of Survivor c. And the aforesaid Agnes so being thereof possessed the Reversion thereof to the late Earl in form aforesaid expectant The said late Earl made sealed and delivered a certain Indenture as his deed of the aforesaid 4. acres of Land with the Appurtenances in which c. amongst other things The Tenor of which followeth in these words This Indenture made the 10th day of September in the yeer of the our Lord God 1545. and in the seven and thirtieth yeer of the Reign of our Sovereign Lord Henry by the Grace of God King of Eng. France and Ire defender of the faith c. in the earth the supream Head of the Church of Engl. Ire Between the Right Noble Lord Henry Earl of Comberland Lord of the Honour of Shipton Lord of Westmerland and Vestion of the one part And Agnes Baldwin or Vngthorp Widow and Anthony Baldwin of the other part Witnesseth That the same Earl for the sum of 58. pound 13. shillings and 4. pence Sterling at the day of the Date hereof by the said Agnes and Anthony paid to the said Earl whereof the said Earl acknowledgeth himself to be truly contented and paid and the said Agnes and Anthony their Heirs and Executors thereof and of every part thereof to be discharged and acquitted for ever Hath Covenanted Granted and to Farm Letten and
Maunsfield exercised and from thence hitherto do exercise and enjoy and all and singular Wages Fees Commodities Profits to the said Office due and by reason of the exercising of the said office within the Manor of Maunsfield aforesaid of right belonging to their own use had and took and the said Earl to exercise the said Office within the aforesaid Manor of Maunsfield and the Wages Fees and Profits to the said Office of right belonging and from the whole time whereof the memory of Man is not to the contrary to have and take with force and Arms then and there hindred and as yet doth hinder and other harms to him c. to the great damage c. and against the peace c. and whereupon he saith that he is the worse and hath damage to the value of 100. pound and thereof bringeth sute c. And the aforesaid Robert and Thomas by William Cragg their Attourny come and defend the force and injury when c. and say that they are not guilty of the Trespass aforesaid as the aforesaid Earl above against them complaineth and of this put themselves upon the Country and the aforesaid Earl likewise therefore it is commanded to the Sheriff that he cause of come here from the day of the Holy Trinity in 3 weeks 12 c. by whom c. and who neither c. to recognize c. because aswell c. Afterwards the day and place within contained before Peter Warberton one of the Justices of the Lord the King of the bench and Thomas Foster another of the Justices of the said Lord the King of the Bench Justices of the said Lord the King to Assises in the County of Nottingham to be taken by form of the Statute c. come aswell the within named Roger Earl of Rutland as the within named Robert Spencer and Thomas Woldwood by their Attorneys within contained And the Jurors of the Jury whereof within is made mention being called some of them that is to say Edward Bould of Holloughton Esquire Edward Coppinger of Francfield Esquire George Hutchinson of Balford Gent. Francis Hollingworth of Stapleford Gent. VVilliam Gresley of the same Nicholas Hamond of Lound Gent. Anthony VVhitwell of VVeyston Gent. Joh. Sturtevant of Calverton Gent. Richard Griggs of Gringly up the Hill and John Seywell of Normanton against Plumtree come and are sworn Jurors of the Jury aforesaid and because the rest of the Jurors of that Jury did not appear therefore others of the standers by chosen by the Sheriff of the County aforesaid at the request of Roger Earl of Rutland and by the command of the Justices aforesaid of new are added whose names are fyled to the Pannel within written according to the form of the Statute in such case made and provided and the Jurors of new added that is to say John Hutten and John Templemem likewise come who to say the truth of the premises with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the Lady Elizabeth late Queen of England was seised in her demesn as of Fee in right of her Crown of England of and in the Manor of Maunsfield in the County of Nottingham and of and in the Manor of Bolsover and Horsley in the County of Derby and so thereof being seised the 14th day of June tn the year of her Reign the 42th By her Letters Patents under the great Seal of England sealed and to the Jurors aforesaid shewed in evidence graunted to the aforesaid Earl of Rutland from the time of the full age of the said Earl of 21 years to the term and for and during the whole term of the natural life of him the said Earl the office of Steward of the Lordships or Manors aforesaid with the Wages and Fees to the said Office of old due and accustomed as in the said Letters Patents is contained the Tenor of which followeth in these words Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. To all to whom these present Letters shall come Greeting Know ye that we of our special Grace and of our certain Knowledge and meer Motion have given and granted and by these presents for us our Heirs and Successors do give and grant to our Well Beloved Cosin Roger Earl of Rutland the Office of Constable of our Castle of Nottingham and Keeper oâ— the Gates of the said Castle as also the Office of Steward Keeper Guardian and Chief Justice of our Forrest of Sherwood and our Parks of Billow Birkland Romwald Owseland Folwood Beskwood and Clipson with their Aupurtenances in the said County of Nottingham and him the said Roger Earl of Rutland Constable of our Castle aforesaid and Keeper of the Gates of the said Castle as also Steward Keeper and Justice Itinerate of the Forests and Parks aforesaid we â—o make ordain and constitute by these presents giving and granting to the said Roger Earl of Rutland by the Tenor of these presents full power and authority All and all manner oâ— Pleas Quarrels and Causes within the Forest and Parks aforesaid or any of them arising according to the Law and Custom of the Forest to hear and determine To have enjoy use and exercise the Offices aforesaid and every of them To the aforesaid Roger Earl of Rutland by him or by his sufficient Deputy or Deputies from the time of the full age of 21. yeers of the same Earl to the Term and for and during the whole Term of the natural life of the said Roger Earl of Rutland together with power in the said Offices to make and appoint all Officers of old due and accustomed and for the exercising and occupation of the Office aforesaid we give and grant by these presents to the aforesaid Roger Earl of Rutland the Wages and â—ee of 40. Marks by the year from the time of the full age of 21. years of the said Earl to the Term and for the whole natural life of the said Earl of Rutland As also an Annuity or yeerly Rent of 9. pound from the time of the full age of the said Earl to the Term for and during the whole Term of the natural life of the same Earl of Rutland for the Wages or Stipends of 9. Foresters assigned by him the said Earl to keep the Forest aforesaid To be taken yearly to be received the said Wages and Fee of 40. Marks from the Treasury of us our Heirs and Successors at the Receipt of our Exchequer at Westminster by the Hands of our Treasurer or Chamberlains or anâ— oâ— their Hands for the time being at the Feast of Saint Michael the Archangel and Easter by even portions And also the said Annuity or yearly Rent of 9. pound for the Wage and Stipend of the aforesaid Roger Earl of Rutland from the time of the full age of 21. years of the said Earl to the Term and for and during the whole Term of the natural life
Essex with all and singular Rights Members and Appurtenances whatsoever As also of and in all those Manors and Lordships of Bustingthorp otherwise Buslingthorp and Dunnesby in the County of Lincoln with their Rights Members and Appurtenances whatsoever And of and in all those Manors of Salthorp otherwise Saltrop otherwise Halthrop Chilton and Black-grove in the County of Wilts with their Rights Members and Appurtenances And of and in all those Lands and Pastures called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the County of Wilts And of and in all those Manors of Mihenden otherwise Missenden otherwise called the Manors of Mussenden in the Parish of Wroughton Lydepard and Tregose in the said County of Wilts with all and singular their Rights Members and Appurtenances and of all that Manor of Elcomb and Park called Elcomb Park with the Appurtenances in the said County of Wilts And of and in all that Manor of Wattlescote otherwise Wigglescote otherwise Wiggetscete with the Appurtenances in the said County of Wilts And of and in all that Mannor of Wescot otherwise Wescet with the Appurtenances in the said County of Wilts And of and in all those Lands and Pastures conteining by estimation 100. Acres of Land and 60. Acres of Pasture in Wigglescot Wroughton in the said County of Wilts And of and in all that Manor of Vscot with the Appurtenances in the said County of Wilts And of and in all those two Messuages and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Pasture and 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And of and in all those Manors and Lordships of Campes otherwise Campes-Castle otherwise called Castle Campes with the Appurtenances situate lying being and extending into the Counties of CAMBRIDGE and ESSEX or either of them or elsewhere in the Kingdom of ENGLAND And also of and in all that Manor of Balsham in the County of Cambridge with all and singular Rights Members and Appurtenances whatsoever And also of and in all and singular those Messuages and Lands situate and being in the Parish of Hackney and Tottingham in the County of Middlesex with their Rights Members and Appurtenances whatsoever which Messuage was lately purchased of Will. Bowper Knight the said Lands in Tottenham now are or late were in the Tenure or Occupation of William Benning Yeoman And of and in all and singular Manors Lordships Messuages Lands Tenements Reversions Services Feedings Pastures Woods Advowsons Patronages of Churches and Hereditaments of the aforesaid Thomas Sutton whatsoever situate lying and being in the said Counties of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and singular their Rights Members and Appurtenances whatsoever in his demesn as of Fee And the said Jurors further say upon their Oath aforesaid That the said Thomas Sutton so thereof being seised before the time in which that is to say At the 4th Session of Parliament begun and holden by Prorogation at Westminster in the County of Middlesex the 9th day of February 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 7th and of Scotland the 3d. and there continued untill the 24th day of July then next following and then prorogued until the 16th day of October then next following amongst other things it was Enacted and established by Authority of the same Parliament as followeth in these words Humbly beseecheth your Majesty Your Loyal and dutiful Subject Thomas Sutton of Bedsham in the County of Cambridge Esquire That it may please your most excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled To Enact Ordain Establish And be it Enacted Ordained and Established by the Authority aforesaid That in the Town of Hallingburn otherwise called Hallinborn Bowchers in the County of Essex there may be builded and erected at the Costs and Charges of your suppliant one meet fit and convenient House Buildings and Rooms for the abiding and dwelling of such number of poor People Men and Children as your suppliant shall name by limit and appointment to be lodged harboured abide and be relieved there And for the abiding dwelling and necessary use of one School-master and Usher to instruct the said Children in Reading Writing and the Latine and Greek Grammar And of one Divine and godly Preacher to instruct and teach all the rest of the same House in the knowledge of God and his word And of one Master to govern all these persons of in or belonging unto the same House And that the same shall and may be called The Hospital of King James founded in Hallingbury in the County of Essex at the humble Petition and at the only Costs and Charges of Thomas Sutton Esquire And that the Right Reverend Father in God Richard now Arch-Bishop of Canterbury and his Successors Arch-Bishops there Thomas Lord Ellesmore Lord Chancellor of England and such as after him shall succeed to be Lord Chancellors or Lord Keepers of the Great Seal of England for and during the time they shall so continue or be in the same Office Robert Earl of Salisbury Lord High Treasurer of England and such as after him shall succeed to be Treasurers of England and such as after him shall succeed to be Treasurers of England for and during the time they shall continue or be in the same Office The Reverend Father in God Launcelot Bishop of Ely and his Successors Bishops there Richard Bishop of Rochester and Dean of the Cathedral Church of Westminster and his Successors of and in the same Deanery Sir Thomas Foster Kt. one of the Justices of your Majesties Court of Common-Pleas usually holden at Westminster Sir Henry Hobart Knight your Majesties Attorney General John Overal Doctor of Divinity Dean of the Cathedral Church of Saint Paul in London and his Successors Deans there Henry Thursby Esquire one of the Masters of your Majesties Court of Chancery Thomas Fortescue Thomas Paget Geffrey Nightingale and Richard Sutton Esquires John Law and Thomas Brown Gent. and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your suppliant during his life and after his decease by the most part of them which them shall be Governors of the said Hospital to be and succeed in and to the place and places of him and them deceasing shall and may be the Governors of the said Hospital and of the Members Goods Lands Revenews and Hereditaments of the same at all times hereafter for ever And that the same Governors and Hospital shall for ever hereafter stand and be incorporated Established and founded in name and indeed a body Politick Corporate to have continuance for ever By the name of the Governors of the Hospital
Jurors aforesaid in Evidence shewed bearing date the same day and year For and in consideration of 13000. pound of good and lawful Mony of England by the said Thomas Sutton to the aforesaid Thomas Earl of Suffolk in Hand payed Bargained and Sold All and singular the premises with the Appurtenances being called The late dissolved Charter-House besides Smithfield in the said County of Middlesex whereof c. to the said Thomas Sutton To have and to hold to him and his Heirs for ever to the only use and behoof of the said Thomas his Heirs and Assigns for ever The Tenor of which Indenture followeth in these words This Indenture made the 9th day of May in the 9th year of the Reign of our Soveraign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. and of Scotland the 44th Between the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the Kings Majesties most Honourable Houshold The Right Honourable Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk The Right Honourable Thomas Earl of Arundel and Surrey and the Right Honourable William Lord Howard of Naward in the County of Cumberland of the one part and Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part Witnesseth That the said Right Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and William Lord Howard for and in consideration of the sum of 13000. p. of good and lawful Mony of England to the said Thomas Earl of Suffolk in Hand paid before the ensealing and delivery of these presents by the said Thomas Sutton well and truly satisfied contented and paid whereof and wherewith they and every of them acknowledge themselves fully satisfied contented and paid and thereof and every part and parcel thereof do clearly acquit exonerate and discharge the said Thomas Sutton his Heirs Executors and Administators and every of them by these presents Have granted Aliened Bargained Sold Conveied and Confirmed And by these presents do for them and their Heirs fully clearly and absolutely grant alien bargain fell convey and confirm unto the said Thomas Sutton his Heirs and Assigns for ever All that Capital Messuage or Mansion-house commonly called or known by the name of Howard House otherwise called The late dissolved Charter-Houso besides Smithfied situate and being within the County of Middles with all and singular the Rights Members and Appurtenances thereunto belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and all that parcel of Land and Ground with the Appurtenances commonly called Pardon Church yard And all those two Messuages or Tenement and two Closes of Land and Ground with the Appurtenances thereunto adjoyning commonly called Welbech situate lying and being in the said County of Middlesex And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Courts Folds Curtilags Yards Orchards Gardens Shops Sellars Sollers Closes Inclosures Waste Grounds Tithes Oblations Obventions Fruits Profits Alterages Wayes Waters Rents Reversions Services Waises Strayes Goods of Felons Outlaws and Fugitives and all other Franchises Liberties Priviledges Jurisdictions Profits Emoluments Commodities Hereditaments and Appurtenances whatsoever by what name or names soever they be called or known to the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises and in every or any of them lying belonging or in any wise appertaining or to or with the same every or any of them usually held occupied or enjoyed or accepted or reputed taken known demised used or letten as part parcel or Member of them or any of them and also the Reversion and Reversions Remainder and Remainders whatsoever of all and singular the premises with the Appurtenances And all Rents and yeerly Profits whatsoever reserved upon any Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made or granted of the before mentioned premises or any part or parcel thereof And also all the Estate Right Title Interest Use Possession Reversion Remainder Claim and Demand whatsoever of them the said Thomas Earl of Suffolk Theophilus Lord Howard Thomas earl of Arundel and Surrey and of William Lord Howard and of every of them of in or into the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises or of in or to every or any part or parcel hereof And further the said Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and VVilliam Lord Howard for the considerations aforesaid Have Granted Bargained Sold and by these presents do grant bargain and sell unto the said Thomas Sutton his Heirs and Assigns for ever All and every the Deeds Charters Evidences Writings Counterpains of Lease and Leases Indentures Exemplifications Letters Patents Transcrips of Fines and Recoveries Terrers Court Rolls Surveis Presentments Boundaries Escripts and Minuments whatsoever touching or in any wise only concerning the said Capital Messuage or Mansion-house called Howard H. or the late dissolved Charter-H besides Smith-f To have to hold the said Houses Buildings Orchards Gardens Closes Inclosures Tenements Hereditaments and all other the premises before or in or by these presents bargained and sold or mentioned intended or meant to be bargained and sold and every part and parcel thereof with their Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever to the sole only and proper use and behoof of him the said Thomas his Heirs and Assigns for ever more absolutely without any manner of Condition Redemption or Revovation in any wise And the said Thomas Earl of Suffolk his Heirs and the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises with all their and every of their Appurtenances and every part and parcel thereof unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Suffolk and his Heirs and all and every other person or persons claiming by from or under him shall and will warrant and for ever more defend by these presents And the said Theophilus Lord Howard his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part thereof with the apputenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Theophilus Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for evermore defend by these presents And the said Thomas Earl of Arundel and Surrey and his Heirs the said Capital Messuage or Mansion-house called Howard House
or the Charter-House and all and singular the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Arundel and Surrey and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever more defend by these presents And the said William Lord Howard and his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said William Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever defend by these presents In witnesse whereof the parties above named to these present Indentures interchangealy have set their Hands and Seals the day and year above written 1611 as by the same Indenture dated as before is said appeareth All and singular whichpremises by the Indenture a-aforesaid in form aforesaid Bargained are known and vulgarly called and at the time of the Bargain aforesaid were known by the name of the late dissolved Charter House besides Smith field By colour of which Bargain Sale and Inrollment aforesaid As also by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th Of transferring uses in possession to be holden made and provided The same Thomas Sutton in all and singular the bargained premises called the late dissoved Charter-House besides Smith field with the Appurtenances whereof c. entred and was thereof seised in his Demesn as of Fee And so thereof being seized The Lord JAMES now King of England the 22th day of June in the yeer of the Reign of the said Lord the King now of England c. the 9th abovesaid at Westminster aforesaid made his Letters Patents sealed with his Great Seal of England and to the Jurors aforesaid shewed in Evidence The Tenor of which followeth in these words JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To All to whom these presents shall come Greeting Whereas At the last Session of Parliament last past One Act was made and passed Entituled an Act to confirm and enable the Erection and Establishment of and Hospital a Free Grammar-school and sundry other godly and charitable Acts done and intended to be done and performed by Thomas Sutton Esquire as by the same Act of Parliament more at large it doth and may appear And whereas since the said Act The said Thomas Sutton hath purchased to him as his Heirs of our Right Trusty and Well-Beloved Cosin and Counsellor Thomas Earl of Suffolk Lord Chamberlain of our Houshold A great and large Mansion-house commonly called the late dissolved Charter-house besides Smith field together with divers Houses Buildings Courts Yards Gardens Orchards Closes and other Hereditaments to or with the same Mansion-house used or enjoyed or reputed as part parcel member or belonging thereunto within our County of Middlesex Which Mansion house and other the premises the said Thomas Sutton doth conceive to be a more fit and commodious House and Place to place erect and found the said Hospital and Free-school and other the godly and charitable uses aforesaid then in Hallingbury otherwise Hallibury Bowchers in the said Act mentioned And to that end the said Thomas Sutton hath been an humble Suter unto us That we would be graciously pleased to give License Power and Authority unto him the said Thomas Sutton to found erect and establish an Hospital and Free school other the godly and charitable uses by him intended in the said House called the late dissolved Charter-House besides Smith field in our said County of Middlesex And to incorporate the Governours hereafter named to be a Body Corporate and Politick and to have perpetual succession for ever in fact deed or name And by such name of Incorporation as is hereafter mentioned to have full authority and lawful capacity and ability to purchase take hold receive and have to them and their Successors for ever Manors Lands Tenements Rents Annuities Pensions Hereditaments Goods and Chattels as well of us our Heirs and Successors as of any other person or persons whatsoever for the better maintainance of the said Hospital Free-school and other godly and charitable uses aforesaid Know ye therefore That we graciously affecting so good and charitable a work of our princely disposition and care for the furtherance thereof and of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm for us our Heirs and Successors unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them full Power License and lawful Authority at all times hereafter at his and their Will and Pleasure to place erect found and establish at or in the said House called the late dissolved Charter House besides Smith field and other the premises within our said County of Middlesex One Hospital-House or place of abiding for the finding sustentation and relief of poor aged maimed needy and impotent people As also that the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors or Survivor of them his and their Successors for ever And the Governours hereof for the time being and their Successors shall have full Power License and lawful Authority at his oâ— their Wills and Pleasures respectively from time to time and at all times hereafter to place therein such Master or Head of the said Hospital and numbers of poor peole Men and Children and such other Members and Officers of the said Hospital as to him the said Thomas Sutton during his life and after his death to the said Governours and their Successors and to the Survivors or Survivor of them and to his and their Successors and to the Governours thereof for the time being and their Successors shall seem convenient And further we of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them at his or their Wills and Pleasures full Power License and lawful Authority at all times hereafter to place erect found and establish at or in the said House called the late dissolved Charter-House besides Smith field and other the premises in our County of Middlesex One Free-school for the instructing teaching maintainance and education of poor Children or Scholars
and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge with all and singular the Rights Members Appurtenances thereof whatsoever And all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said last mentioned Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all and singular the Manors Lordships Messuages Lands Tenements Rents Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches Liberties Priviledges Franchises and other Hereditament whatsoever of the said Thomas Sutton situate lying and being or to be had taken and enjoyed within the said County of Essex Lincoln Wilts Cambridge and Middlesex or in any of them with all and every their Rights Members and Appurtenances whatsoever And all Letters Patents Indentures Deeds Charters Extents Court Rouls and other Writings Minuments and Evidences whatsoever concerning the premises or any of them or any part or parcel of them or any of them Except and allwaies foreprized out of these presents the Manors or Lordships of Little Hallingbury and Haddestock or either of them or to the said Manors of Little Hallingbury and Haddestock or either of them belonging or appertaining To have and to hold the said Mansion-House called the Charter-House besides Smithfield And all and every the said Manors Lordships Messuages Parks Lands Tenements Reversions Services Advowsons Liberties Franchises Priviledges and Herediataments and all other the premises with their and every their Members and Appurtenances except before excepted unto the said Governours of the Lands Possessions Revenews and goods of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and their Successors for ever upon special trust and confidence That all singular the Rents Issues Revenews Cōmodities and profits of all singular the said Manors Houses Lands Tenements Hereditaments and other the premises with their Appurtenances shall be for ever hereafter from time to time truly faithfully and wholy distributed converted and imployed by the said Governours and their Successors to and for the maintainance continuance of the said Hospital and Free-School and of the Master Preacher School-Master Usher poor people Scholars Officers of and in the said Hospital and Free-school for the time being and at all times hereafter and from time to time for ever according to the true intent purport and meaning of the said Thomas Sutton and according to the Tenor and purport of the said Letters Patents and of these presents and to none other trust use confidence interest purpose or imployment whatsoever Yielding and paying therefore yeerly unto the said Thomas Sutton and his Heirs the yeerly Rent of 12. pence at the Feast of the Nativity of Saint John the Baptist yeerly to be paid And when and as of often as the said yeerly Rent of 12. pence shall be behind and unpaid at any Feast whereon the same ought to be paid That then and so often It shall be lawful for the said Thomas Sutton and his Heirs into the pemises and into every or any part or parcel thereof to enter and distrem and the distresse and distresses there taken to take lead and carry away and with him and them to detein until he and they be satisfied of the said Rent and the Arrerages thereof if any may be In witnesse whereof the parties first above named to these present Indentures interchangeably have set their Hands Seals the day and yeer first above written And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of the aforesaid premises with the Appurtenances in the County of Middlesex as before is said being seised The said Thomas Sutton after the aforesaid Indenture of Bargain Sale of the premises with the Appurtenances whereof c. by the aforesaid Thomas Earl of Suffolk to the aforesaid Thomas Sutton made and after the Inrollment of the aforesaid Indenture and before the Letters Patents aforesaid by the said Lord the King that now is as is said made and before the aforesaid Indenture made Between the aforesaid Thomas Sutton of the one part And the aforesaid George Arch-Bishop of Canterbury Primiate and Metropolitan of all England and others of the other part bearing date the first day of November in the yeer of the Reign of the Lord the King that now is the 9th abovesaid Appointed one Richard Bird to be Porter of the said Messuage called the late dissolved Charter-House besides Smith-field of the aforesaid Thomas Sutton which Richard Bird continued Porter of the said Messuage after the said Indenture made Between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the aforesaid first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid until the death of the said Tho. Sutton And further the Jurors say upon their Oath aforesaid That the said Thomas Sutton afterwards and before the time in which c. that is to say the second day of November in the yeer of our Lord 1611. made his Testament and last Will in Writing amongst other things as followeth in these words And my Will and meaning is That unlesse the said Sir Francis Popham the said Lady Ann his Wife do or shall give to mine Executor or Executors A general Acquittance or Release to the elect above mentioned That then as well the said Legacy of 2000. Marks so willed to be given to the said Sir Francis Popham and Ann his Wife as also the other several Legacies given and bequeathed to every of the said Children of Sir Francis Prpham and the Lady his Wife shall remain and be to the use of mine Executor or Executors to be wholly disposed and given by them within one whole yeer after my decease yeerly to the mending of the High-wayes and partly to poor Maids Mariages and partly to the Releasing of poor men that lie in Prison for Debt and partly to the poor people of my intended Hospital when it shall please God it be established and erected Also I give for and towards the building of my intended Hospital Chapel and School-house the sum of 5000. pound Item I
give unto the Treasury and Storehouse of my intended Hospital to begin their Stock with and to defend the Rights of the House 1000. pound of lawful English Mony And I give to every one of my Feoffees whom I have put in trust about my intended Hospital to whom I have not given any thing in this my Will the sum of 26. pound 13. shillings and 4. pence of lawfull Mony of England as by the said Testament and last Will more fully appeareth And further the Jurors say upon their Oath aforesaid That the aforesaid Thomas Sutton afterwards and before the aforesaid time in which c. that is to say the 12th day of December in the yeer of the Reign of the Reign of the said Lord the King that now is the 9th abovesaid at Hackney in the County of Middlesex dyed without issue of his Body lawfully begotten And that the aforesaid Simon Baxter now Plaintiff is and at the time of the death of the said Thomas Sutton was Cosin and next Heir of the aforesaid Thomas Sutton that is to say Son and Heir of Dorothy the onely Sister of the said Thomas Sutton And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law afterwards and before the time in which c. claiming as two Governours of the Lands Possessions Revenues and Goods of the Hospital of King JAMES founded in Chater House within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire in the names and to the use of them who are named Governours as aforesaid into all and singular the premises with the Appurtenances called the late dissolved Charter-House besides Smith-field whereof c. entred and were thereof seised as the Law requireth upon the possessions of which Richard Sutton and John Law thereof afterwards and before the time in which c. the aforesaid Simon Baxter into the said premises with the Appurtenances whereof c. entred and was thereof seised as the Law requireth Upon the possession of which Simon Baxter thereof the aforesaid Richard Sutton and John Law the aforesaid time in which into the premises aforesaid with the Appurtenances whereof c. claiming as two Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Chater-House At the humble Petition and onely costs and charges of Thomas Sutton Esq in the names and to the use of those who are called Governours as afore is said re-entred as the aforesaid Simon Baxter against them complaineth And further the Jurors say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law in the aforesaid Act of Parliament of the 7th year of King JAMES abovesaid and in the aforesaid Letters Patents of the said King and in the aforesaid Indenture of Bargain and Sale made between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid named And the aforesaid Richard Sutton and John Law now Defendants are one and the same persons and not others nor divers And that the aforesaid Thomas Lord Ellesmere Robert Earl of Salisbury the Reverend Father Launcelot Bishop of Elie Thomas Foster Henry Hobert John Overal Henry Thursby Jeffery Nightingale Richard Sutton John Law and Thomas Brown in the aforesaid Act of Parliament of the 7th yeer abovesaid named and in the aforesaid Letters Patents of the said Lord the King and in the aforesaid Indenture of Bargain and Sale made to George Arch Bishop of Canterby and others are one and the same persons and not others nor divers And that the most Reverend Father in God George Arch Bishop of Canterbury Thomas Lord Ellesmere Robert Earl of Salisbury John Bishop of London Launcelot Bishop of Elie Thomas Foster Henry Hobart John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law and Thomas Brown in the aforesaid Letters Patents of the aforesaid Lord the King mentioned and in the aforesaid Indenture of Bargain and Sale made between the aforesaid Thomas Sutton of the one partt and the aforesaid Reverend Father in God Gerrge Arch Bishop of Canterby Thomas Lord Ellesmere Robert Earl of Salisbury John Bishop of London Launcelot Bishop of Elie Edward Coke Thomas Foster Henry Hobart John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law Thomas Brown and John Hutton of the other part are one and the same persons and not others nor divers And that all the Manors Lands Tenements and Hereditaments in the aforesaid Act of Parliament of the 7th yeer abovesaid and in the aforesaid Letters Patents by the aforesaid Lord the King to the aforesaid Thomas Sutton granted and in the Indenture aforesaid of Bargain and Sale made Between the aforesaid Thomas Sutton and the aforesaid George Arch Bishop of Canterbury and others except the Lands Tenements and Hereditaments called the late dissolved Charter House besides Smithfield purchased of the aforesaid Thomas Earl of Suffolk mentioned are one and the same Manors Lands Tenements and Hereditaments and not others nor divers And that the aforesaid Lands Tenements and Hereditaments called the late dissolved Charter-House besides Smithfield in the aforesaid Indenture of Bargain and Sale made Between the aforesaid Thomas Sutton and the aforesaid Thomas Earl of Suffolk and others bearing date the 9th day of May in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid and in the aforesaid Letters Patents of the aforesaid Lord the King to Thomas Sutton aforesaid and in the aforesaid Indenture of Bargain and Sale between the aforesaid Thomas Sutton and the aforesaid Arch Bishop of Canterbury and others likewise named whereof c. are one and the same Lands Tenements and Hereditaments and not others nor divers And that the aforesaid Thomas Sutton in the aforesaid Act of Parliament of the 7th yeer abovesaid named and in the Writing aforesaid to John Hutton aforesaid made is one and the same person and not others nor divers And that the aforesaid George Mountain at the time of the making of the aforesaid Letters Patents of the aforesaid Lord the King was and now is Dean of the Church collegiat at Westminster And that the aforesaid George Mountain in the said Letters Patents of the said Lord the King named and the aforesaid George Mountain in the aforesaid Indenture of Bargain and Sale by the aforesaid Thomas Sutton to the aforesaid Geo. Arch Bishop of Canterbury and others as afore is said made named is one and the same person and not other nor divers And that the aforesaid John Hutton in the aforesaid Writing named and in the aforesaid Indenture of Bargain and Sale of the aforesaid Tho. Sutton named is one and the same person and not other nor divers But
within conteyned before Thomas Walmsley one of the Justices of the Lady the Queen of the Bench and Edward Fennes one of the Justices of the said Lady the Queen of pleas before the Queen her self holden assigned Justices of the said Lady the Queen to take Assises in the County of Dorset assigned by the form of the statute c. came aswell the within named George Stroud Esquire by Thomas Clayton his Attorny as the within named Ralph Horsey Knight Richard Veal and Edward Goor by Henry Collier their Attorny and the Jurors of the Jury whereof within mention is made some of them appeared and some of them did not appear as it appeareth in the pannel c. and some of the Jurors now appearing that is to say Richard Ham Thomas Tooner John Burt Henry Hâ—rbyn Gentleman John Young Gentleman John Butler Gentleman William Withington John Payn and Christorher Dolling in the Jury aforesaid are sworn and some of the said Jurors now appearing that is to say Thomas Heal Edward Carter Robert Chippe Henry Squib and George Frome because they between the parties aforesaid are found to be suspicious from the pannel aforesaid they were utterly drawn out and because the rest of the Jurors of the said Jury did not appear therefore others of the standers by by the Sheriff aforesaid to that being chosen at the request of the said George Stroud and by the Command of the Justices aforesaid were of new put whose names to the pannel within written are fyled according to the form of the statute in such case thereof late made and is provided and the Jurors so nâ—w put that is to say Clement Jay Nicholas Brown and Thomas Eyres being called likewise appeared who to say the truth of the matters within conteyned together with the other Jurors aforesaid first impanelled Chosen tryed and sworn say upon their Oath aforesaid that the Tenement within written in which it is supposed the Trespass and Ejectment within written to be are and time whereof the memory of men is not to the Contrary were parcel of the Mannor of Nether Melcum otherwise called Melcum Bingham with the appurtenances and that the said Mannor of Neither Melcum otherwise Melcum Biugham with the appurtenances whereof c. lyeth within the Parish of Melcum in the County aforesaid and that before the time within written in which the Trespass and Ejectment within written was supposed to be done one Robert Bingham the elder was seised for the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. in his demesne as of Fee and so thereof seised held the said Mannor with the appurtenances of one John Hrosey Knight as of his Mannor of Melcam otherwise Horseys Melcum otherwise Starges Melcum in the County aforesaid by Knight service that is to say by Homage and Fealty and Escuage to the Lady the Queen of 40. shillings when it should happen 2. shillings and for more more and less less c. and the said Robert Bingham being so seised before the time within written in which c. that is to say the morrow of the Holy Trinity in the year of the Reign of the said Lady the Queen that now is the 12 a sine was levyed in the Court of the said Lady the Queen at Westminster in the County of Middlesex before James Dyer Richard Weston Richard Harper then Justices of the said Lady the Queen of the Bench and other the Queens faithfull people then present between Thomas Buckley and Henry Gawen Gentlemen plaintifs and the said Robert Bingham the Elder Deforceant Of the Mannor of Neither Melcum otherwise Melcum Bingham aforesaid with the appurtenances whereof c. by the names of the Mannor of Nether Melcum otherwise Melcum Bingham aforesaid with the appurtenances and 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 120 Acres of Land 30 Acres of Meadow 300 Acres of pasture 8 Acres of Wood and 20 Acres of Furze and Heath with the appurtenances in Nether Melcum other wise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert Bingham did acknowlege the said Mannor and Tenements with the appurtenances to be the right of the said Thomas Buckley as that with the said Thomas Buckley and Henry Gawen had of the gift of the said Robert Bingham and then released and quit claimed from him and his heirs to the said Thomas Buckley and Henry Gawen and the heirs of the said Thomas for ever And afterwards the said Robert Bingham granted for him and his heirs that they would warrant to the said Thomas Buckley and Henry Gawen and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever the Tenor of which Fine followeth in these ss Dorset ss This is a final concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. from the Conquest the 12th before James Dyer Richard Weston and Richard Harper Justices and other the Queens faithfull people there present Between Thomas Buckley and Henry Gawen Gentlemen plaintifs and Robert Bingham Esquire Deforceant of the Mannor of Neither Melcum otherwise Binghams Melcum with the appurtenances and of 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 12â— Acres of Land 30 Acres of Meadow 100 Acres of pasture 8 Acres of wood and 20 Acres of Furz and Heath in Nether Melcum otherwise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert acknowledged the aforesaid Mannor Tenements with the appurtenances to be the right of the said Thomas and those which the said Thomas and Henry had of the gift of the aforesaid Robert and the same released and quit claimed from him and his heirs to the said Thomas and Henry and the heirs of the said Thomas for ever And farther the said Robert granteth for him and his heirs that they warrant to the aforesaid Thomas and Henry and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever and for this Recognition remission and quit claym warranty and Concord the said Thomas and Henry give to the said Robert 150 pound sterling which said Fine of the Mannor and Tenements aforesaid whereof c. in form aforesaid Levied was had and Levyed to the use of the said Robert Bingham the Elder and Jane his wife and the heirs of the said Robert for ever by virtue whereof and by force of a certain Act of Parliament of transferring of uses into possession made at Westminster in the year of the Reign of the late King Henry the 8th of England the 27th made and provided the said Robert Bingham the elder and Jane were
is aforesaid and that it shall and may be Lawfull to and for the said Master Preacher School-master Usher Poor men and Poor Children and Officers of the Hospital to remain assemble be and Cohabit together in the said House Buildings and Hospital And that it may be further enacted by the authority aforesaid and Be it enacted by the authority aforesaid that your said supplyant during his life and that the said Governors and their successors for the time being or the most part of them after his decease shall and may have full power and authority under the said common Seal to make ordayn set down and prescribe such Rules Statues and Ordinances for the Order Rule and Government of the said Hospital and of the said Master Preacher School-Master Usher Poor men Poor Children and Officers and their successors and for their and every of their stipends and allowances as to your said supplyant during his life and the said Governors and their successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down or prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative royal nor to the Laws or Statures of this your Majesties Realm of England nor to any Ecclesiastical Canons of the Church of England then in force and use And that your said supplyant during his life and the said Governours and their successors for the time being or the most part of them and such of them as your said supplyant shall thereto nominate and appoint shall and may after the decease of your said suppliant have power and authority to visit the said Hospital and to Order reform and redress all disorders and abuses in and touching the Government and disposing of the same And further to censure suspend and deprive the said Master Preacher School-master Usher Poor men Poor Children and Officers for the time being and every or any of them as to him and them shall seem Just fit and convenient so alwaies as no Visitation Act or thing in or touching the same be had made or done other than by your supplyant during his life or the said Governours and their successors for the time being or the most part of them after his decease or by such of them as your supplyant shall hereunto nominate and appoint And also that it may be farther enacted by the authority aforesaid and be it enacted by the authority aforesaid that that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use behoof for during so long time as he shall be Preacher Minister there without any other Presentation or Admission Jnstruction or Induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine end when as soon as any such person shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall cease and resign leave or be put out and removed from his said place of Preacher or Minister of the said Hospital Saving alwayes and reserving to your Majesty your Heirs and Successors and to every other person or persons Bodies Politick or Corporate their Heirs and Successors other than your suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Comodities Advantages and Hereditaments whatsoever which they or any of them shall and may have or of Right ought to have of in to or out of the premises or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premises or any part or parcel thereof And other their Respits of Homage or Fines for not payment of Respits of Homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any one of them for or by reason of any Statute hitherto made for concerning or against any Alienation in Mortmain as by the said Act amongst other things it appeareth And further the said Jurors say upon their Oath aforesaid That Thomas then and now Earl of Suffolk Lord Chamberlain of the Kings Houshold before the aforesaid time in which c. was seized of and in a certain Capital Messuage or Mansion-house called or known by the name of Howard House otherwise called The late dissolved Charter-House besides Smithfield situate lying and being in the County of Middlesex with all and singular Rights Members and Appurtenances to the same belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and of and in all that parcel of Land with the Appurtenances commonly called Pardon Church-yard and of all those two Messuages or Tenements and two Closes of Land with the Appurtenances thereunto belonging commonly called Welbech situate lying and being in the said County of Middlesex whereof the aforesaid Capital Messuage with the Appurtenances in the Declaration aforesaid mentioned is and the aforesaid time in which it is supposed the Trespass aforesaid above to be done as also time whereof the Memory of Men is not to the contrary was parcel in his Demesn as of Fee And so thereof being seized The said now Earl of Suffolk before the time in which c. That is to say at Westminster in the County of Middlesex By his certain Indenture between him the said now Earl by the name of the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the most Honourable Houshold of the Lord the King and Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk and Thomas Earl of Arundel and Surrey and William Lord Howard of Naward in the County of Cumberland of the one part and the aforesaid Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part made and within 6. Moneths then next following in the Court of the said Lord the King of Common-Pleas at VVestminster aforesaid then being in due manner of Record Inrolled according to the form of the Statute in such case made and provided one part of which as well with the Seal of the aforesaid Thomas now Earl of Suffolk as with the Seals of the aforesaid Theophilus Lord Howard Thomas Earl of Arundel and Surrey William Lord Howard sealed to the