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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
as before is said shall happen that from thence it shall be well Lawfull to the aforesaid William Purfrey and his heirs aforesaid into all the Tenements aforesaid 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 said John Somerton and his Heirs aforesaid in all the Tenements aforesaid altogether to cease and be of no value And if it happen the said William Purfrey and his Heirs aforesaid in fulfilling all and singular the charges aforesaid to make default or the same not to repair or all the aforesaid Tenements not sufficiently to uphold and repair or the same to alien or demise as above is said or they be negligent to enter if cause as before is said shall happen That then the state of the said William Purfrey and his Heirs altogether cease and be of no value And that from thence It be lawful to the said Master of the House of the Holy Martyr of Acon London and his Brethren of the same House and their Successors into all the aforesaid Tenements Rents and Services with the Reversions and all their appurtenances to enter and in the Remainder of their Term aforesaid To be holden in form aforesaid And if it shall happen the said Master and Brethren of the House of St. Thomas aforesaid or their Successors aforesaid in doing and fulfilling all and singular the charges above specified to make default or the same not to fulfil Or all the Tenements aforesaid as above is said not sufficiently to uphold and repair or they be negligent to enter if cause shall happens as before is said That from thence It shall be lawful to the Master of the Hospital of St. Bartholmew aforesaid and the Brethren of the said Hospital and their Successors into all the aforesaid Tenements Rents and Services with the Reversions and all their appurtenances to enter as in the Remainder of their Term aforesaid and that then the estate of the said Master of the House of St. Thomas aforesaid to cease And if it happen the said Master and Brethren of the Hospital of St. Bartholmew aforesaid in doing and fulfilling all and singular the charges above declared to make default or the same not to perform or all the Tenements aforesaid not sufficiently to uphold or repair That then it shall be lawful to my right Heirs unto all the aforesaid Tenements Rents and Services with the Reversions and all and singular their appurtenances to enter and the same to hold without any contradiction whatsoever for ever supporting all the charges aforesaid as above is said as they will for me and them before the most high Judge Answer And because this my last Will was made and ordained for the good of the Souls of my Father and Mother and of my own Soul and the Souls of my Brothers and Sisters Friends and Benefactors I pray and charge the said John my Brother as for me and himself he will answer it that all his life time he oversee the government of the Chauntry aforesaid land that the charges aforesaid in this my last Will and Testament declared be inviolably fulfilled and kept And that he give notice to all those who in manner aforesaid shall have any estate in the said Tenements Rents and Services with the Reversions and all their appurtenances that they know the Tenor of this my last Will and Testament And I will that my Feoffees of the Tenements with the appurtenances which my poor men now dwell in because the same is not dividable that they make such estate after my death to all those above named as they have of my bequest of and in Tenements in Buckingham aforesaid to the use of the said Poor their dwelling upholding the Reparations of the said Tenement of the aforesaid Pâ—or as often as need shall require And because I doubt lest the Tenements aforesaid be sufficient to uphold all the abovesaid charges by reason of the great charge of repairing thereof I will that my Feoffees presently after my death make such estate to all those above named of all those my Lands and Tenements in the Towns of Barton Moreton Gravecase with the Prebend of Lemburgh Thornborough Hillesden Waterstratford Shatdeston and Foycale in the County of Buckingham And of all those Lands with the Appurtenances in the Fields of Buckingham As also of my Lands and Tenements in Worton in the County of Oxford and of my one Tenement in the Town of Oxford in which the Feoffees shall have as they have of my gift of and in the Tenements of Buckingham aforesaid so as they may sufficiently uphold all the charges aforesaid and receive and take what is reasonable for their labour and pains Item I will that my Executors or one of them according to their Assignment upon the Good-fryday next after my death cause him who shall preach at the Cross in the Church-yard of the Cathedral Church of St. Paul London to the prayers there of the people recommend my Soul to the Congregation there assembled For which recommendation and that he pray for my Soul I will that the Preacher have 40. pence Item I will that the Three Preachers who in the Church-yard of the New Hospital of the blessed Lady without Bishops gate London in the 3. dayes in the Week of Easter next after my death shall preach recommend my Soul to the Prayers of the faithful People there assembled and that every one of the said Three Preachers for the same recommendation of my Soul and that they pray for my Soul have 40. pence And I will that my Executors during one whole year next after my decease every Lords-day cause the Preacher at the Cross in the Church-yard of the Cathedral Church of St. Paul aforesaid Preaching specially recommend my Soul to the prayers of the people there assembled for which Recommendation every of the said Preachers have 4. pence Item I give to Mr. Robert Forset my Chaplain of London 10. pound That the said Robert specially celebrate for my Soul and pray for it for 8. years next following my decease taking yearly for his sallary 100. shillings if he so long live And if he shall dye within the said Term of 8. years that then the said Robert make the residue which thereof shall remain to be distributed unto pious uses for my Soul and the Soul of the said Robert Item I give to Margaret my Sister 100. shillings and a silver Cup with a cover belonging to it Item I give to Isabel my Sister 100. shillings and a silver Cup with a cover belonging to it that the said Margaret and Isabel pray for my Soul And to this Testament containing my last Will well and truly and faithfully to be performed and inviolably to be fulfilled I ordain and appoint my Executors John Barton my Brother and Alexander Sprot Citizen and Cloath worker of London and the said Robert
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
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
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
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
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
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
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
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
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
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-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 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
Castles Manors Lands and Tenements and other things under written That he the State and Honour of the said Duke might uphold and the charges and burthens thereof the better uphold that is to say The Sheriffwick of the County of Cornwall with the Appurtenances so as the said Duke and other Dukes of the same place for the time being make and appoint Sheriffs of the said County of Cornwall at their will and pleasures and to do and execute the Office of Sheriffs there as heretofore it used to be done without any hindrance of us or our Heirs forever As also the Castle Burrough Manor and Honour of Launceston with the Park there and other as Appurtenances in the County of Cornwall and Devonshire The Castle and Manor of Tremeton with the Town of Saltesh and the Park there and other the Appurtenances in the said County The Castle Burrough and Manor of Tintagel with the Appurtenances in the said County of Cornwall The Castle and Manor of Restormel with the Park there and other the Appurtenances in the said County And the Manor of Clymestond with the Park of Keriballock and other their Appurtenances Tibeste with the Balywick of Powderhine and other their Appurtenances Twynton with the Appurtenances Helleston in Kerior with the Appurtenances Morsk with the Appurtenances Tevernaile with the Appurtenances Pengkeseth with the Appurtenances Peâ—lyn with the Park there and other the Appurtenances Kellaton with the Bedelry of Estwyueleshire and other the Appurtenances Helleston in Fryshire with the Park of Hellesbury and other its Appurtenances Lyskireâ—â— with the Park there and other the Appurtenances Calistock with the Fishing there and other the Appurtenances and Tatskid with the Appurtenances in the said County of Cornwall And the Town of Lostwickiell in the said County with the Mill there and other the Appurtenances And the Prizage and Customs of our Wines in the said County of Cornwall and also the Profits of all the Ports within the same our County of Cornwall to us belonging together with Wreck of the Sea as well of Whales and Sturgeon and other Fishes which do belong to us by reason of our Prerogative and whatsoever belongs to Wreck of Sea with the Appurtenances in our said County of Cornwall And the Profits and emoluments of our County holden in our County of Cornwall And Hundreds and Courts in the said County to us belonging As also our Stannary in the said County of Cornwall together with the Coinage of the said Stannary and all issues and Profits thereof arising And also all the Issues Profits and Perquisites to the Court of Stannary and the Mines of the said County except only 1000. Marks which to our well-Beloved and Faithful William de Monte acuto Earl of Salisbury we have granted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the Issues and Profits of the aforesaid Coinage until the Castle and Manor of Tonbridge with the Appurtenances in the County of Wilts To the Manor of Aldebourn Ambresbury and VVinterbourn with the Appurtenances in the said County and the Manor of Caâ—eford with the Appurtenances in the County of Dorset and the Manor of Hâ—ngstrig and Charleton with the Appurtenances in the County of Somerset which our Beloved and Faithful John de VVarren Earl of Surrey and Johan his Wife hold for the term of their life and which after their deaths to us and our Heirs ought to return after the decease of the said Earl and Johan to the aforesaid Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we granted to remain and 200. Marks of Land and Rent which to the said Earl of Salisbury to have in form aforesaid we granted to be provided came to our Hands And also our Stannary in the aforesaid County of Devon with the Coinage and all Issues and Profits of the same And also the Exites Profits and Perquisites of the said Court of Stannary And the Water of Dertmouth in the said County And the yeerly farm of 20. pound of our City of Exeter and the Prizage and Customs of our Wines in the Water of Sutton in the said County of Devon As also the Castle of Wallingford with its Hamblets and Members and the yeerly Farm of the Town of VVallingford with the Honors of Wallingford and De Sancto Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever those Honours were And the Castle Manor and Town of Berkhamstead with the Port there together with the Honour of Berkhamstead in the Counties of Hertford Buck. and Northampton and other their Appurtenances And the Manor of Biflet with the Park there and other the Appurtenances in the County of Surrey To have and to hold to the said Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England by Inheritance to succeed together with Kingly Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as weâ— Free as Vâ—lleins and all other things to the aforesaid Castles Burroughs Towns Manors Honours Stannaries and Coinage Lands and Tenements howsoever and wheresoever belonging or appertaining of us and our Heirs for ever together with 24. pound of yeerly Farm which our well-Beloved and Faithful John de Merz to us by the yeer for all his life is bound to pay for the Castle and Manor of Mere with the Appurtenances in the County of Wilts granted to him by us for the Term of his life to be taken every yeer by the Hands of the said John for the Term of his Life and with the aforesaid 1000. Marks yeerly to the aforesaid Earl of Surrey of the issues of the Coinage aforesaid by us so granted after obteined by him or his Heirs Males of his Body to be begotten seisin of the said Castle and Manor of Tunbridge and the Manors of Aldebourn Ambresbury Winterborn Caneford Hengstrigg Charleton after the deaths of the same Earl of Surrey and Johan And the said 200. Marks Land and Rent to the said Earl of Salisbury and the Heirs Males of his Body begotten so provided for the proportion of the said Castles Manors Lands and Tenements with the whole and particularities to the Hands of the said Earl of Salisbury and the Heirs Males of his Body should come We have moreover granted for us and our Heirs and by this our Charter we have confirmed That the Castle and Manor of Knaresburgh with the Hamblets and Members thereof and the Honour of Kneasbough in the County of York and other Counties wheresoever the same Honour should be The Mannor of Istleworth with the Appurtenances in the County of Middlesex which Philippa Queen of England our most dear Coâ—â—ort holdeth for Term of Life And the Castle and Manor of Lydeford with
the Appurtenances and with the Chase of Dertmore with the Appurtenances in the said County of Devon And the Manor of Bradnests with the Appurtenances in the said County which our Beloved and Faithful Hugh de Andley Earl of Gloucester and Margaret his Wife have for the Life of the said Margaret And the said Castle and Manor of Mere with the Appurtenances which the aforesaid Johan so for Life holdeth by our Grant and which after the death of the said Queen Margaret and Johan to us and our Heirs ought to revert after the decease of the aforesaid Queen aforesaid that is to say the Castle and Manor of Knaresburgh with the Honours Hamblets and Members thereof aforesaid and other their Appurtenances and the Manor of Istleworth with the Appurtenances And after the death of the said Margaret the said Castle and Manor of Lydeford with the said Chase of Dertmore and other the Appurtenances and the Manor of Bradnests with the Appurtenances and after the death of the said Johan the said Castle and Manor of Mere with the Appurtenances shall remain to the aforesaid Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England â—ereditarily to succed as before is said To have and to hold together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats Services of Tenants as well Free as Villeins and all others to the same Castles Manors and Honoars howsoever and wheresoever belonging or appertaining of his likewise and our Heirs forever All which Castles Burroughs Towns Manors Honours Stannaries Coinage Fine of Exeter and Wallingford Lands and Tenements as above are specified together with the Fees Advowsons and all other things aforesaid to the aforesaid Dutchy by our present Charter for us and our Heirs we do annex and unite to the same for ever to remain So that from the said Dutchy at no time they be any waies severed nor to any one or other than Dukes of the same place by us or our Heirs they be given or any manner of way granted So also as that to the aforesaid Duke and other Dukes of the same place they do descend and to the Son or Sons to whom the said Dutchy by colour of our Grant aforesaid it shall belong then not appearing the said Dutchy with the Castles Burroughs Towns and all other the abovesaid to us or our Heirs Kings of England shall retorn in our Hands and in the Hands of our Heirs Kings of England to be kept until such Son or Sons of the said Kingdom of England Heirs to succeed appear as it is said to whom then successively the said Dutchy with the Appurtenances for us and our Heirs we Grant and will that they be delivered to hold as above is expressed We have moreover for us and our Heirs and by this our Charter we have confirmed to the aforesaid Duke that the said Duke and the Heirs of him Eldest Sons Dukes of the same forever have free Warren in all the Lordships Manors Castles Lands and other places aforesaid so as the said Lands be not within the Pounds of our Forrests And that none enter into them to hunt in them or to take any thing which to Warren appertaineth without the License Will of the said Duke or other Dukes of the same place upon pain of Forfeiture of 10. pound Wherefore we Will and firmly Command for us and our Heirs That the said Duke have and hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the said place in the sayd Kingdom of Engla in heritable to succeed The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances So that they and others Dukes aforesaid at their Wills make and constitute the Sheriff aforesaid of the said County of Cornwall to do and execute the Office of Sheriff there as hitherto it used to be done without the hindrance of us or our Heirs forever As also the aforesaid Castles Burroughs Manors and Honours of Launfeton The Castle and Manor of Tremeton with the Town of Saltesh the Castle Burrough and Manor of Tintagel the Castle and Manor of Restornel and the Manors of Clymeslond Tebeste Tewynton Helleston in Kerier Moresk Tewarnayl Pengkneth Pentyn Rellaton Helleston in Trigstone Vyskiret Calistock Talskid and Town of Lofiwithel with the appurtenances together with the Parks Bayliwicks Bedelrie Fishings and others aforesaid in the aforesaid County of Cornwall and the aforesaid Prisages Customs and profits of Ports aforesaid together with the said Wreck of Sea and the said profits and emoluments with the Hundreds and Courts aforesaid to us belonging and the said Stannary in the said County of Cornwall together with the Coinage of the said Stannary and with all issues and profits thereof arising And also the explees profits and perquisites of the Courts aforesaid except only the said 1000. Marks which to our well-Beloved William de Monte acuto Earl of Salisbury wegranted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the issues and profits of the Coinage aforesaid until the said Castle and Manor of Tunbridge with the Appurtenances and the said Mannors of Aldebourn Ambresbury and Winterbourn with the Appurtenances and the said Manor of Hengstrig and Charleton with the Appurtenances which the aforesaid Earl of Surrey and Johan his Wife hold for the term of their Lives and which after their deaths to us and our Heirs ought to revert after the deceases of the said Earl and Johan to the said Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we have granted to remain And the said 200. Marks Land and Rent which to the said Earl of Salisbury To have in form aforesaid we granted come unto our Hand as before is said And the said Stannary in the County of Devon with the Coinage and all issues and profits thereof And also the explees profits and perquisites of the Court of the same Stannary Water of Dertmouth and the said yeerly Farm of 20. pound of the said City of Exeter and the said Prizage and Custom of Wines in the Water of Sutton in the said County of Devon As also the aforesaid Castle of Wallingford with Hamblets and Members thereof the yeerly Farm of the Town of Wallingford with the said Honour of Wallingford and De Sancto Valerico The Castle Manor and Town of Berkhamstead with the said Honour of Berkhamstead and the Manor of Biflet with the Parks and other their Appurtenances aforesaid together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with the Hundreds Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other
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
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
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
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