said Indenture The said Earl of Warwick his Heirs and Assigns and every of them should stand and be seised of and in the Wood aforesaid with the appurtenances amongst other things by the names of Alton Woods otherwise Alvington Woods with the appurtenances siâ—uâ—te and being within the Parish of Rock or elsewhere within the several Counties of Worcester and Salop or any or either of them to the uses 〈…〉 nts and purposes afterwards in the said Indenture expressed and declared that is to say To the use of him the said Ambrose Earl of Warwick for the Term of his life without impeachment of any wast and after the decease of him the said Earl of Warwick to the use of the aforesaid Ann Countess of Warwick in the Information aforesaid named by the name of the Lady Ann Countess of Warwick wife of him the said Earl of Warwick and the right Heirs of the said Ann for ever By colour of which Covenant and Grant aforesaid and by force of a certain Act of transferring of uses into possessions in the Parliament of the aforesaid Lord Henry late King of England the 8th Father of the said Lady the Queen that now is at Westminster aforesaid the 4th day of February in the year of his Reign the 27th holden made and provided The aforesaid Ambrose Earl of Warwick was seised of the Wood aforesaid with the appurtenances amongst other things in his demesn as of Freehold during his life without impeachment of waste the remainder thereof after the decease of him the said Earl of Warwick to the aforesaid Ann late Countess of Warwick and her Heirs expectant And the said Ambrose Earl of Warwick so thereof being seised the remainder thereof in form aforesaâ—d expectant The said Eaâ—l afterwards that is to say the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th aforesaid at Abbottesley aforesaid dyed after whose death the said Ann now Countess of Warwick into the Wood aforesaid with the appurtenances entred and was and yet is thereof seised in her demesn as of Fee by colour and force of the premises By which the said Richard Bushopp as servant unto the aforesaid Ann now Countess of Warwick and by her Command the aforesaid 21th day of February in the year of the Reign of the said Lady the Queen that now is the 32th aforesaid and the dayes and times aforesaid betwixt the same 21th day of February in the year 32th aforesaid and the day of the exhibiting of the Information aforesaid into the Wood aforesaid with the appurtenances entred and the Issues and Profits thereof by that time arising to the use of the said Ann now Countess of Warwick took and had and doth yet take and have as it was and is lawful for him to do And the aforesaid Richard further saith That the aforesaid William Walshe yet over-liveth and is in full life that is to say at Abbottesly aforesaid without that that the Wood aforesaid with the appurtenances or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is is or before this was or of Right ought to be in manner and form as in by the Information aforesaid it is supposed And without that that the said Richard Bushopp in or upon the possession of the said Lady the Queen that now is of the Wood aforesaid with the appurtenances or any part thereof Entred Intruded or made Ingresse in manner and form as by the Information aforesaid it is supposed and without that that there is any Record Roll or Remembrance besides the Record of the Information aforesaid by which it may appear that the Wood aforesaid with the appurtenances in the Information above specified or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is or standeth or of Right ought to be or stand in manner and form as in the Information aforesaid above is supposed All and singular which the said Richard Bushopp is ready to aver as unto the Court c. Whereupon he prayeth Judgement and that he as to the premises from this Court be dismissed And because the Court here â—â— avise of the Plea aforesaid before that further c. Day is given unto the â—fores Rich. Bushopp in state as now until 8. dayes of St. Michael At which day the said Richard Bushopp came here as before And the said Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court in his proper person for his said Lady the Queen by Protestation not acknowledging any thing in the Plea aforesaid of the said Richard Bushopp by him above pleaded to be true in manner and form as the said Richard in his Plea aforesaid above hath pleaded Yet for Reply the said Attorny of the said Lady the Queen for the same Lady the Queen saith That the Plea of the Richard Bushopp as to the Entry Intrusion and ingresse aforesaid in the aforesaid Wood by him the said Richard in the Information aforesaid to be done supposed is not sufficient in Law to discharge the said Richard of the said Entry Intrusion and ingresse whereupon for default of sufficient Answer in this behalf The said Attorny of the Lady the Queen for the said Lady the Queen prayeth Judgement And that the aforesaid Richard of the same Entry Intrusion and Ingresse by the aforesaid Richard thereof supposed to be done be convicted And the said Richard saith That he sufficient matter in Law to barr the said Lady the Queen that now is from the possession of the aforesaid Wood in the said Information specified and of every parcel thereof above in barr and exclusion of the Information hath alleged which he is ready to averr as unto the Court c. Which matter aforesaid The Attorny of the Lady the Queen for the same Queen doth not deny nor to the same any wayes for the said Lady the Queen Answereth but the Averment aforesaid to admit altogether doth refuse Wherefore as before the said Richard demandeth Judgement and that he as to the Premises from this Court be dismissed c. And because the Barons here will avise themselves of upon the Premises whereof the aforesaid Richard hath above put himself in Judgement of the Court before that they give Juâ—gement thereof Further day is given to the aforesaid Richard Bushopp here until in 8. dayes of St. Hillary to hear their Judgement thereof because the said Barons thereof not yet c. And as to the Tryal of the Issue aforesaid by the Country to be tryed above joyned It is commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to be here at the said 8. dayes of St. Michael 12. good and lawful Men of the Neighbourhood of Alton otherwise Alvington and Rock in the said County whereof each c
said late Queen after the beginning of her Reign was or then after should be intituled by any Attainder Escheat Conveiance or Assurance whatsoever and in which Letters Patents Grants or Writings no Estate Tail then before made or supposed to be made was recited or from henceforth should be and the Reversion or Remainder thereof expectant in the said Letters Patents Grants or Writings granted or mentioned to be granted or any defect of certainty or ill computing mistaking rating or setting forth of the yeerly value or rate of the premises or yeerly Rents reserved of and for the premises or any parcel thereof mentioned or conteined in the same Letters Patents aforesaid or other Writings or for that that the premises then were or any part thereof valued at a greater or lesser value in the said Letters Patents or Writings than the said Manors Lands Tenements and other premises then were or were in yeerly value or any misnaming or not true naming of Town Hamblet Parish or County where the said Honors Manors Lands Tenements Rents Hereditaments and other the premises and every part thereof or any parcel thereof lay or were or any defect of true naming of the Lands Tenements or Hereditaments or any parcel thereof or of the Nature Kind Quality or Quantity of the aforesaid Possessions or Hereditaments or of any parcel thereof or any default of true naming of any Corporation or any default of Attornment Livery or Seisin or any ill naming of any the late Tenants of the aforesaid Honors Manors lands Tenements and Hereditaments or of any part thereof so sold granted or given or any ill naming of any person or persons Bodies Politick or Corporate who any time before the making of such Letters Patents were or then after should be proprietors of the premises or any any part thereof to the contrary notwithstanding as by the said Act amongst other things it more fully appearh And the said John Hele and Warwick further say That the said late Queen Elizabeth never had any Son And that the aforesaid Gellio Merick and Henry Liâ—dley were at and before the time of the making of the said Leters Patents so as before is said made Subjects of the said late Queen Elizabeth and born at Westminster aforesaid All and singular which The said John Hele and Warwick are ready to aver Whereupon they demand Judgement if the said Letters Patens of the aforesaid late Queen Elizabeth of the Manors aforesaid with the Appurtenances so as before is said made ought to be revoked and annulled or the Manors aforesaid with the Appurtenances or any of them ought to be seized into the Hands of the Lord the King that now is c. And the aforesaid Henry Hobert Knight Attorny General of the Lord the King that now is who c. present in Court in his proper person As to the aforesaid Plea of the said Henry Lindley above in form aforesaid pleaded for the said Lord the King saith That the said Henry Lindley ought not be admitted to plead That there is not any such Record of any such Act of Parliament of the aforesaid Lord King Edward the 3d. made Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made as in the aforesaid Writ of Scire Facias thereof is recited and specified Because he saith That the said Lord King JAMES now King of England saw the Inrollment of the aforesaid Act of Parliament of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is within his Tower of London in the yeer of the Reign of the aforesaid late King Edward the 3d. the 11th inrolled upon Record there remaining The Tenor of Inrollment of which Act of Parliament and Charter aforesaid the said JAMES now King of England by his Letters Patents under the Great Seal of England sealed here in Court by the aforesaid Attorny General of the Lord the King that now is for the said Lord the King that now is now brings in Court bearing date at Westminster aforesaid the 5th day of March in the yeer of the Reign of the said Lord the King that now is of England France and Ireland the 3d. and of Scotland the 39th Exemplified amongst other things Which Exemplification as to the Inrollment of the aforesaid Act of Parliament and Charter aforesaid followeth in these words JAMES by the Grace of God of England Scotland France and Ireland defender of the Faith c. To All to whom these present Letters shall come greeting We have seen the Inrollment of a certain Charter bearing date the 17th day of March in the yeer of the Reign of the Lord Edward late King of England the 11th To his well-Beloved and Faithful Edward Earl of Chester his Eldest Son granted in the Rolls of our Chancery within the Tower of London remaining of Record in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Provosts Ministers and all Bayliffs and his faithful People Greeting Amongst other the tokens of Honour of our Kingdom we esteemed it the chiefest that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels Therefore there being many degrees of Inheritance in our Kingdom where by descent the Inheritance according to the Law of this Kingdom to Co-heirs and Parciners and for want of such issue and such like events the same came to our Hands We therefore desiring to beautifie our Kingdom and in best manner to defend our Kingdom and the holy Church thereof and our Subjects and Kingdoms against the endeavors and Adversaries thereof and considering and looking that Peace between us and Subjects be maintained and to dignifie the Places of honour of our Kingdom And taking into our consideration the person of our well-Beloved and Faithful Edward Earl of Chester our Eldest Son and taken to Honour the same our Son the name and Honour of Duke of Cornwall with the common consent and counsel of the Prelates Earls Barons and others of our Counsel in this present Parliament at Westminster upon Monday next after the Feast of Saint Mathew the Apostle last past being assembled we have given and made him Duke of Cornwall and girt him with a Sword as behoveth And that there may be no doubt hereafter what or how much the same Duke or other Dukes of the same place who for the time shall be in the name of the said Dutchy ought to have Our Will is that all in specialty which to the said Dutchy doth beloug be inserted in this our Charter Therefore for us and our Heirs we have given and granted and by this our Charter confirmed to the same our Son under the name and Honour of Duke of the said Place The
of his Serjant at Arms Attendant upon his Chancellor of England for the time being and had made Ordained and Constituted by his said Letters Patents him the said Richard his Serjeant at Arms for the term of his life And moreover by his said Letters Patents had given and granted to the aforesaid Richard Hatchman for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have hold and receive yeerly the said Wages and Fee of 12. pence by the day for the term of his life from the time of the death of his Serjâ—â—nt at Arms which should next dye of the issues and profits of the Hamper of the Chancery eâ—â—her by the Hands oâ— the Clerk or the Keeper of the said his Hamper for the time being at the Feasts of Saint Michael the Archangel and Easter by equal portions yeerly to be paid with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed as by the said Letters Patents more fully appeareth And because the said Richard Hatchman is now willing to deliver up the aforesaid Letters Patents in our Chancery to be cancelled Which Letters Patents there now are cancelled as we have certain Knowledge to the intent that we would be gratiously pleased to grant to our well Beloved Mark Steward Gentleman other Letters Patents of the premises We therefore taking Consideration of the premises Of our special Grace certain Knowledge and meer Motion have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen do give and grant to the said Mark Steward the aforesaid Office of our Serjant at Arms Attendant upon our Chancellor of England for the time being And him the said Mark our Serjeant at Arms do make Ordain and Constitute by these presents To have and enjoy the said Office to the said Maâ—k Steward for the term of his life And moreover we have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen we do give and grant to the aforesaid Mark Steward for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have enjoy and perceive yeerly the said Wages and Fee of 12. pence by the day to the aforresaid Mark for the term of his life of the issues and profits of our Hamper of our Chancery by the Hands of the Clerk or Keeper of the said our Hamper and the Heirs of our said Lady the Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed c. Although the certain expresse mention of the premises or any of them or of other gifts or grants by us or by any of our Progenitors to the aforesaid Mark Steward before this time made in the premises there is not made or any Statute Act Ordinance Provision or any other thing cause or matter whatsoever in any thing notwithstanding In Witnesse whereof these our Letters we have caused to be made Patents Witnesse our selfs at Westminster the 23th day of September in the yeer of our Reigns the third and 4th By Colour of which Letters Patents the said Mark Steward well and truly to execute the said Office was sworn And further the said Jurors say That the last day of November in the year of the Reign of the Lady the Queen that now is the 11th The said Lady the Queen at the humble Petition and request of the Right Honourable â—ord the Earl of Leicester and Robert Huyck Doctor of Physick granted that the said Mark Steward might absent himself from the exercising of his Office of Sergeant at Arms Attendant in his proper person upon her Chancellour of England for the time being during the good pleasure oâ— the said Mark until the said Lady the Queen should command him to serve in his Office aforesaid as by the deposition of the said Robert â—uyck and by a certain Letter under the proper hand writing of the said Earl of â—eicester which we found to be true in these English words following here unto the Court to the Jurors aforesaid in evidence given and shewed it more fully appeareth The Deposition of which Robert Huyck followeth in these words That is to say I was an humble Suter unto her gracious Majesty about ten years past that she would licence Mark Steward Serjeant at Arms Attendant upon the then Lord Keeper to give off his attendance in his own person to the end he might withdraw himself into the Country to play the good husband in his own house so long only as she should permit him and not recall him to his former attendance and the Office should be served otherwise to her Majesties contentation and the Lord Keepers well liking the which my Suâ—e she did very graciously grant me And after that upon the Lord Keepers praising Augustine Steward I commended him to the Queen as one very fit to discharge his brothers absence with his attendance I did sue to my Lord of Leicester and divers other of the Lords to speak in my behalf for the furtherance of the sute so in the end the Queen said I do like well and am right well content that Mark Steward do cease from his Waiting untill We shall Resolve otherwise And if his Brother be found sit he shall serve in his place during the time of his absence which Letter subscribed under the proper hand writing of the said Earl of Leicester followeth in these words To my very good Lords the Lord Chancellor and the Lord Chief Justice of England and to either of them ss After my most hearty commendations to your Lordships This Bearer Mark Steward hath earnestly besought me to advertise your Lordships of my knowledge touching her Majesties leave for the said Stewards not attendance to his Office of Sergeant-ship Wherein this is very true that about Michaelmass as I take it in the 10th year oâ— her Majesties Reign the Court being then at Windsor Mark Steward both himself and his friends for that he had a desire to remain in the County earnestly travelled with me to be his mean for the obtaining of her Majesties good leave and favour that without any prejudice for not attending he might at his pleasure so do and for the supplying of his place which he had to serve about the late Lord Keeper of the Great Seal as Serjeant at Arms he acquainted me with the good liking and contentation my said Lord Keeper had to have a Brother of his to attend in his place To which also I gave my best furtherance afterwards Whereby her Majesty pleased both to grant her favourable License to Mark Steward for his absence and to allow his brother to supply his place who was accordingly
same day and year and afterwards that is to say the 27th day of the same Moneth of January in the year 44th aforesaid before the said Lady the Queen in her Chancery of Record inrolled for and in Consideration of 10. shillings to the said William and Ralph By the Right Honourable Gilbert Earl of Shrewesbury and Mary his Wife paid granted aliened bargained and sold the aforesaid Manor of Maunsfield with the Appurtenances to the aforesaid Earl of Shrewesbury and Mary his Wife To have and to hold the said Manor with the Appurtenances to the aforesaid Earl of Shrewesbury and Countesse and to their Heirs for ever By virtue of which as also by force of an Act in Parliament of the Lord Henry late King of England the 8th in the year of his Reign the 27th holden made the aforesaid Earl of Shrewesbury and Countess were of the aforesaid Manor of Maunsfield with their Appurtenances seised in their Demesn as of Fee And the Jurors further say upon their Oath aforesaid That the aforesaid Earl of Shrewesbury and Countess so as before is said being seised Afterwards that is to say the 16th day of February in the yeer of the Reign of the said late Queen the 44th in the Declaration above specified One Simon Stern then being Deputie of the aforesaid Earl of Rutland for the exercising the said Office of Steward of the aforesaid Manor of Maunsfield came to the Town of Maunsfield to the usual place there where the Court of the Manor of Maunsfield aforesaid was commonly holden and kept to keep the Court Baron of the said Manor of Maunsfield aforesaid And the aforesaid Thomas Woodward came thither to keep the Court of the said Manor as Steward for the aforesaid Gilbert Earl of Shrewsbury and that the aforesaid Thomas Woodward as Steward of the aforesaid Earl of Shrewsbury and the aforesaid Simon Stern as Deputy of the aforesaid Earl of Rutland to the place aforesaid both together came And the said Simon Stern as Deputy of the said Earl of Rutland Commanded the Bayliff of the same Manor to make Proclamation for the holding of the Court Baron of the said Manor by him the said Simon Stern as Deputy of the aforesaid Earl of Rutland then to be holden And the aforesaid Thomas VVoodward as Steward of the aforesaid Earl of Shrewsbury likewise Commanded the Bayliff of that Manor that he make Proclamation for the holding of the Court Baron of the Manor aforesaid by him the said Thomas VVoodward as Steward of the aforesaid Earl of Shrewsbury But no Court then was holden but by the said Thomas VVoodward it was then adjorned And from thence until the bringing of the aforesaid Original Writ The aforesaid Thomas VVoodward and Steward of the aforesaid Gilbert Earl of Shrewsbury kept the Courts of the Manor aforesaid and allwayes from thence he the said Thomas Woodward and the aforesaid Robert Spencer Received all the Fees belonging to the Steward there as they became due And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It sahll seem to the Court here that the aforesaid Robert Spencer and Thomas VVoodward are guilty of the Trespass within written Then the Jurors say upon their Oath aforesaid That the aforesaid Robert Spencer and Thomas Woodward are guilty of the Trespasse within written as the said Roger Earl of Rutland within against them complaineth And then they assesse the Damages of the said Roger Earl of Rutland above his costs and charges by him about his Sute in this behalf expended to Forty pound and for his costs and charges to Twelve pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid Robert Spencer and Thomas Woodward are not guilty of the Trespasse within written Then the Jurors say upon their Oath aforesaid That the aforesaid Robert Spencer and Thomas Woodward are not guilty of the Trespass within written as the said Robert and Thomas within have alleged And because c. TRESPAS Michaelmass Term Anno 10. of King JAMES Rot. 574. in the KINGS-BENCH Co. 10. part The Case of Suttons Hospital Fol. 1. MEmorandum that at another time that is to say Trinity Term Middle past before the Lord the King at Westminster come Simon Baxter Gent. by George Cuppledick his Attorney and brought here in the Court of the said Lord the King then and there his Bill against Richard Sutton Esq and John Law Gentleman in the custody of the Marshal of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss Middlesex ss Simon Baxter Gentleman complaineth of Richard Sutton and John Law in the Custody of the Marshal of the Marshalsey being before the King himself For that That they The 30th day of May in the year of the Reign of the Lord JAMES now King of England the 10th with force and Arms the Close and House of him the said Simon that is to say A Capital Messuage with the Appurtenances called The late dissolved Charter-House besides Smith-Field at the Parish of Saint Sepulchre in the County aforesaid they brake and entred and other harms to him did against the Peace of the Lord the King that now is to the damage of the said Simon 40. pound and thereof he bringeth Sute And now at this day That is to say Friday next after 8. days of Saint Michael this Term until which day the aforesaid Richard and John had license to imparl to the said Bill and then to answer c. before the Lord the King at Westminster come as well the aforesaid Simon by his Attorny aforesaid as the said Richard and John by Thomas Heyward their Attorny And the said Richard and John defend the force and injury when c. And say that they are not guilty and of this put themselves upon the Country and the said Simon Baxter likewise Therefore a Jury was to come thereof before the Lord the King at Westminster Saturday next after 8. days of Saint Hillary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid of the Plea aforesaid by Jurors were put by them in respite until Monday next after the Morrow of the Purification of the blessed Mary then next following for default of Jurors c. At which day before the Lord the King at Westminster come as well the aforesaid Simon Baxter as the aforesaid John Sutton and John Law by their Attornies aforesaid And the said Jurors being called come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Thomas Sutton Esquire long before the time in which the Trespass aforesaid is supposed to be done was seized of and in all those Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Muchstanbridge in the County of
Essex with all and singular Rights Members and Appurtenances whatsoever As also of and in all those Manors and Lordships of Bustingthorp otherwise Buslingthorp and Dunnesby in the County of Lincoln with their Rights Members and Appurtenances whatsoever And of and in all those Manors of Salthorp otherwise Saltrop otherwise Halthrop Chilton and Black-grove in the County of Wilts with their Rights Members and Appurtenances And of and in all those Lands and Pastures called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the County of Wilts And of and in all those Manors of Mihenden otherwise Missenden otherwise called the Manors of Mussenden in the Parish of Wroughton Lydepard and Tregose in the said County of Wilts with all and singular their Rights Members and Appurtenances and of all that Manor of Elcomb and Park called Elcomb Park with the Appurtenances in the said County of Wilts And of and in all that Manor of Wattlescote otherwise Wigglescote otherwise Wiggetscete with the Appurtenances in the said County of Wilts And of and in all that Mannor of Wescot otherwise Wescet with the Appurtenances in the said County of Wilts And of and in all those Lands and Pastures conteining by estimation 100. Acres of Land and 60. Acres of Pasture in Wigglescot Wroughton in the said County of Wilts And of and in all that Manor of Vscot with the Appurtenances in the said County of Wilts And of and in all those two Messuages and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Pasture and 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And of and in all those Manors and Lordships of Campes otherwise Campes-Castle otherwise called Castle Campes with the Appurtenances situate lying being and extending into the Counties of CAMBRIDGE and ESSEX or either of them or elsewhere in the Kingdom of ENGLAND And also of and in all that Manor of Balsham in the County of Cambridge with all and singular Rights Members and Appurtenances whatsoever And also of and in all and singular those Messuages and Lands situate and being in the Parish of Hackney and Tottingham in the County of Middlesex with their Rights Members and Appurtenances whatsoever which Messuage was lately purchased of Will. Bowper Knight the said Lands in Tottenham now are or late were in the Tenure or Occupation of William Benning Yeoman And of and in all and singular Manors Lordships Messuages Lands Tenements Reversions Services Feedings Pastures Woods Advowsons Patronages of Churches and Hereditaments of the aforesaid Thomas Sutton whatsoever situate lying and being in the said Counties of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and singular their Rights Members and Appurtenances whatsoever in his demesn as of Fee And the said Jurors further say upon their Oath aforesaid That the said Thomas Sutton so thereof being seised before the time in which that is to say At the 4th Session of Parliament begun and holden by Prorogation at Westminster in the County of Middlesex the 9th day of February in the yeer of the Reign of our Lord James by the grace of God of England France and Ireland King Defender of the Faith c. the 7th and of Scotland the 3d. and there continued untill the 24th day of July then next following and then prorogued until the 16th day of October then next following amongst other things it was Enacted and established by Authority of the same Parliament as followeth in these words Humbly beseecheth your Majesty Your Loyal and dutiful Subject Thomas Sutton of Bedsham in the County of Cambridge Esquire That it may please your most excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled To Enact Ordain Establish And be it Enacted Ordained and Established by the Authority aforesaid That in the Town of Hallingburn otherwise called Hallinborn Bowchers in the County of Essex there may be builded and erected at the Costs and Charges of your suppliant one meet fit and convenient House Buildings and Rooms for the abiding and dwelling of such number of poor People Men and Children as your suppliant shall name by limit and appointment to be lodged harboured abide and be relieved there And for the abiding dwelling and necessary use of one School-master and Usher to instruct the said Children in Reading Writing and the Latine and Greek Grammar And of one Divine and godly Preacher to instruct and teach all the rest of the same House in the knowledge of God and his word And of one Master to govern all these persons of in or belonging unto the same House And that the same shall and may be called The Hospital of King James founded in Hallingbury in the County of Essex at the humble Petition and at the only Costs and Charges of Thomas Sutton Esquire And that the Right Reverend Father in God Richard now Arch-Bishop of Canterbury and his Successors Arch-Bishops there Thomas Lord Ellesmore Lord Chancellor of England and such as after him shall succeed to be Lord Chancellors or Lord Keepers of the Great Seal of England for and during the time they shall so continue or be in the same Office Robert Earl of Salisbury Lord High Treasurer of England and such as after him shall succeed to be Treasurers of England and such as after him shall succeed to be Treasurers of England for and during the time they shall continue or be in the same Office The Reverend Father in God Launcelot Bishop of Ely and his Successors Bishops there Richard Bishop of Rochester and Dean of the Cathedral Church of Westminster and his Successors of and in the same Deanery Sir Thomas Foster Kt. one of the Justices of your Majesties Court of Common-Pleas usually holden at Westminster Sir Henry Hobart Knight your Majesties Attorney General John Overal Doctor of Divinity Dean of the Cathedral Church of Saint Paul in London and his Successors Deans there Henry Thursby Esquire one of the Masters of your Majesties Court of Chancery Thomas Fortescue Thomas Paget Geffrey Nightingale and Richard Sutton Esquires John Law and Thomas Brown Gent. and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your suppliant during his life and after his decease by the most part of them which them shall be Governors of the said Hospital to be and succeed in and to the place and places of him and them deceasing shall and may be the Governors of the said Hospital and of the Members Goods Lands Revenews and Hereditaments of the same at all times hereafter for ever And that the same Governors and Hospital shall for ever hereafter stand and be incorporated Established and founded in name and indeed a body Politick Corporate to have continuance for ever By the name of the Governors of the Hospital
Jurors aforesaid in Evidence shewed bearing date the same day and year For and in consideration of 13000. pound of good and lawful Mony of England by the said Thomas Sutton to the aforesaid Thomas Earl of Suffolk in Hand payed Bargained and Sold All and singular the premises with the Appurtenances being called The late dissolved Charter-House besides Smithfield in the said County of Middlesex whereof c. to the said Thomas Sutton To have and to hold to him and his Heirs for ever to the only use and behoof of the said Thomas his Heirs and Assigns for ever The Tenor of which Indenture followeth in these words This Indenture made the 9th day of May in the 9th year of the Reign of our Soveraign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. and of Scotland the 44th Between the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the Kings Majesties most Honourable Houshold The Right Honourable Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk The Right Honourable Thomas Earl of Arundel and Surrey and the Right Honourable William Lord Howard of Naward in the County of Cumberland of the one part and Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part Witnesseth That the said Right Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and William Lord Howard for and in consideration of the sum of 13000. p. of good and lawful Mony of England to the said Thomas Earl of Suffolk in Hand paid before the ensealing and delivery of these presents by the said Thomas Sutton well and truly satisfied contented and paid whereof and wherewith they and every of them acknowledge themselves fully satisfied contented and paid and thereof and every part and parcel thereof do clearly acquit exonerate and discharge the said Thomas Sutton his Heirs Executors and Administators and every of them by these presents Have granted Aliened Bargained Sold Conveied and Confirmed And by these presents do for them and their Heirs fully clearly and absolutely grant alien bargain fell convey and confirm unto the said Thomas Sutton his Heirs and Assigns for ever All that Capital Messuage or Mansion-house commonly called or known by the name of Howard House otherwise called The late dissolved Charter-Houso besides Smithfied situate and being within the County of Middles with all and singular the Rights Members and Appurtenances thereunto belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and all that parcel of Land and Ground with the Appurtenances commonly called Pardon Church yard And all those two Messuages or Tenement and two Closes of Land and Ground with the Appurtenances thereunto adjoyning commonly called Welbech situate lying and being in the said County of Middlesex And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Courts Folds Curtilags Yards Orchards Gardens Shops Sellars Sollers Closes Inclosures Waste Grounds Tithes Oblations Obventions Fruits Profits Alterages Wayes Waters Rents Reversions Services Waises Strayes Goods of Felons Outlaws and Fugitives and all other Franchises Liberties Priviledges Jurisdictions Profits Emoluments Commodities Hereditaments and Appurtenances whatsoever by what name or names soever they be called or known to the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises and in every or any of them lying belonging or in any wise appertaining or to or with the same every or any of them usually held occupied or enjoyed or accepted or reputed taken known demised used or letten as part parcel or Member of them or any of them and also the Reversion and Reversions Remainder and Remainders whatsoever of all and singular the premises with the Appurtenances And all Rents and yeerly Profits whatsoever reserved upon any Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made or granted of the before mentioned premises or any part or parcel thereof And also all the Estate Right Title Interest Use Possession Reversion Remainder Claim and Demand whatsoever of them the said Thomas Earl of Suffolk Theophilus Lord Howard Thomas earl of Arundel and Surrey and of William Lord Howard and of every of them of in or into the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises or of in or to every or any part or parcel hereof And further the said Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and VVilliam Lord Howard for the considerations aforesaid Have Granted Bargained Sold and by these presents do grant bargain and sell unto the said Thomas Sutton his Heirs and Assigns for ever All and every the Deeds Charters Evidences Writings Counterpains of Lease and Leases Indentures Exemplifications Letters Patents Transcrips of Fines and Recoveries Terrers Court Rolls Surveis Presentments Boundaries Escripts and Minuments whatsoever touching or in any wise only concerning the said Capital Messuage or Mansion-house called Howard H. or the late dissolved Charter-H besides Smith-f To have to hold the said Houses Buildings Orchards Gardens Closes Inclosures Tenements Hereditaments and all other the premises before or in or by these presents bargained and sold or mentioned intended or meant to be bargained and sold and every part and parcel thereof with their Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever to the sole only and proper use and behoof of him the said Thomas his Heirs and Assigns for ever more absolutely without any manner of Condition Redemption or Revovation in any wise And the said Thomas Earl of Suffolk his Heirs and the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises with all their and every of their Appurtenances and every part and parcel thereof unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Suffolk and his Heirs and all and every other person or persons claiming by from or under him shall and will warrant and for ever more defend by these presents And the said Theophilus Lord Howard his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part thereof with the apputenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Theophilus Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for evermore defend by these presents And the said Thomas Earl of Arundel and Surrey and his Heirs the said Capital Messuage or Mansion-house called Howard House
And that the said Thomas Sutton during his life and after his decease the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors for ever and the Governours of the said Hospital for the time being and their Successors shall have full Power License and lawful Authority at his or their Wills and Pleasures from time to time and at all times hereafter to place therein such number of poor Children or Scholars as to him the said Thomas Sutton during his life and after his decease to the said Governours and their Successors and to the Survivors or Survivor of them and his and their Successors and to the Governours of the said Hospital for the time being and their Successors shall seem convenient And also one godly and learned Preacher to teach and preach the Word of God to all the said persons poor People and Children As also one learned able and sufficient person to be the School-Master of the said School and one learned able and sufficient person to be the Usher thereof to teach and instruct the said Children in Grammar And further we of our said special Grace certain Knowledge meer Motion have ordained constituted assigned limitted appointed and by these presents for us our Heirs and Successors do ordain constitute assign limit and appoint That the said House and other the premises shall from henceforth for ever hereafter be remain continue and be converted imployed and used for an Hospital and House and Place for the abiding sustentation and relief of such number of poor People Men and Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and all and every the Governours of the said Hospital for the time being and their Successors shall name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there and for the abiding dwelling sustentation and relief of such number of poor Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and the Governours of the said Hospital for the time being shall from time to time name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there And for the abiding dwelling sustentation and finding of one School-Master one Usher and one Preacher as is aforesaid and of one Master or Head of the said House and Hospital And that it shall and may be lawful to and for the said Master Preacher School-Master Usher poor people Children Men and Officers of the said Hospital or therein to be placed for the time being to assemble be remain abide and cohabit together in the said Hospital And that the said Hospital shall for ever hereafter be incorporated named and called the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq And the same Hospital and Free-school by the name of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq We do firmly by these presents for us our Heirs and Successors erect found establish and confirm to have continuance for ever And for the better maintainance and continuance of the said Hospital and Free-school and the said godly and charitable uses intents and purposes and that the same may have and take the better effect and that all and every the Manors Lands Tenements and Rents Reversions Services and Hereditaments Goods and Chattels granted conveied assigned devised willed limitted and appointed for the maintainance sustentation and relief of the persons aforesaid in the same Hospital may be the better governed used imployed and bestowed for the mantainance of the persosn in the said Hospital for the time being to have continuance for ever We Will Ordain and do appoint assign limit and name and for us our Heirs and Successors do grant and ordain by these presents That there shall be for ever hereafter 16. persons who shall be called Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire And for that purpose we have elected nominated ordained assigned constituted limitted and appointed and by these presents do for us our Heirs and Successors elect nominate ordain assign constitute and appoint The Right Reverend Father in God George now Arch Bishop of Canterbury our trusty and Well-Beloved Counsellor Thomas Lord Ellesmere Lord Chancellor of England our trusty and Well-Beloved Cosin and Counsellor Robert Earl of Salisbury Lord High Treasurer of England John the elect Bishop of London Launcelot now Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Thomas Foster Knight one of our Justices of our Court of Common-Pleas Sir Henry Hobart Knight and Baronet our Attorny General John Overal now Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of our Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and the Master of the Hospital of King JAMES founded in the Charter House within the County of Middlesex At the humble Petition and onely costs and charges of the said Thomas Sutton Esquire and such person and persons as shall be from time to time Master or Masters of the said Hospital for and during such time as they shall be Master or Masters thereof to be the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and that they and the Survivors of them and such as the Survivors or Survivor of them from time to time Elect and Chuse to make up the number of 16. when and as often as any of them or any of their Successors shall happen to decease or to be removed from being Governours or Governour thereoâ— shall be incorporated and have a perpetual succession for ever in Deed Fact and Name and shall be one Body Politick and Corporate And that the said persons and their Successors and the Survivors and Survivor of them and his and their Successors and such as shall be elected and chosen to succeed them as aforesaid shall be incorporated named and called by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition
the 22th day of June in this present 9th yeer of his Reign over England upon the humble Sute of the said Thomas to give License Power and Authority to him the said Thomas Sutton to place found and erect an Hospital and Free-school in the House called the late dissolved Charter-House besides Smith field in the County of Middlesex And like License Power and Authority for him the said Thomas Sutton at any time during his life to ordain appoint and place a Master of the said Hospital And that the said Hospital should be called by the name of the Hospital of King JAMES founded in the Charter House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esq And where furthermore by the said Letters Patents The Master of the said Hospital for the time being is ordained and appointed to be one of the 16. Governours of the Lands Possessions Revenews and Goods of the said Hospital And that the same 16. Governours are by the said Letters Patents incorporate to purchase and take Lands to them and their Successors for ever for the maintainance of the said Hospital by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and the onely costs and Charges of Thomas Sutton Esquire as by the said Letters Patents amongst other things more at large may appear By reason whereof there must be a Master made before such time as the said Thomas Sutton can convey the Lands intended by the said Thomas Sutton to be conveied for the maintaiance of the said Hospital unto the said Governours according to the said Letters Patents Now the said Thomas Sutton minding the performance of the said charitable Act hath according to the power given him by the said Letters Patents and by these presents doth place nominate constitute and appoint his Right trusty and Well-Beloved John Hutton Clerk the first and present Master of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire To have and to hold the said Office Room and place of Master of the said Hospital to him the said John Hutton from henceforth during the good will and pleasure of the said Thomas Sutton In witnesse whereof the said Thomas Sutton hath put his Hand and Seal dated the 13th day of June in the yeer of the Reign of our said Sovereign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. And of Scotland the 45th And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of all and singular the premises aforesaid in form aforesaid being seized Afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of the said Lord the King that now is of England c. the 9th abovesaid made a certain Indenture between him the said Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part And the Right Reverend Father in God George â—ord Arch Bishop of Canterbury Primate and Metropolitan of all England The Right Honourable Thomas Lord Ellesmere Lord Chancellor of England The Right Honourable Robert Earl of Salisbury Lord High Treasurer of England The Reverend Father in God John Lord Bishop of London The Reverend Father in God Launcelot Lord Bishop of â—lie Edward Coke Knight Lord Chief Justice of the Common-Pleas Thomas Foster Knight one of the Justices of the Common-Pleas Henry Hobert Knight and Baronet the Kings Attorny General that now is John Overal Dean of the Cathedral Church of St. Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of the Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk By the name of the Reverend Father in God George Arch Bishop of Canterbury Thomas Lord Ellesmere Lord Chancellor of England Robert Earl of Salisbury Lord High Treasurer of England The Reverend Father in God John Lord Bishop of London The Reverend Father in God Launcelot Lord Bishop of Elie Edward Coke Knight Lord Chief Justice of the Common-Pleas Thomas Foster Knight one of the Justices of the Court of Common-Pleas Henry Hobert Knight and Baronet Attorny General of the Lord the King John Overal Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of the Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk Master of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and at the onely costs and charges of Thomas Sutton Esquire the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire of the other part made and within 6. Moneths then next following that is to say the 4th day of November in the yeer of the Reign of the Lord JAMES now King of England the 9th abovesaid in the Court of Chancery of the Lord the King that now is at Westminster aforesaid then being in due manner of Record inrolled according to the form of the Statute in such case made and provided And whereof one part sealed with the Seal of the said Thomas Sutton to the Jurors aforesaid was shewed in Evidence bearing date the same day and yeer The Tenor of which Indenture followeth in these words This Indenture made the first day of November in the yeer of our Lord God 1611. and in the yeers of the Reign of our Sovereign Lord JAMES by the Grace of God of England France and Ireland defender of the Faith c. that is to say of England France and Ireland the 9th and of Scotland the 45th Between Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part And the most Reverend Father in God George now Arch Bishop of Canterbury Primate and Metropolitan of all England The Right Honourable Thomas Lord Ellesmere Lord Chancellor of England The Right Honourable Robert Earl of Salisbury Lord High Treasurer of England The Right Reverend Father in God John Lord Bishop of London The Right Reverend Father in God Launcelot Lord Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Sir Thomas Foster Knight one of the Justices of the Court of Common-Pleas Sir Henry Hobart Knight and Baronet Attorny General of our Sovereign Lord the King John Overal Dean of the Cathedral Church of Saint Paul in London
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
Younger in his demesn as of Feetail that is to say to him and the heirs of his body upon the body of the said Ann his wise Lawfully to be begotren and the aforesaid Ann in her demesn as of Freehold for the Term of her life the remainder thereof to the right heirs of the said Robert Bingham the Elder for ever And the Jurors aforesaid say upon their Oath aforesaid that at the time of the Levying of the said last recited Fine by the said Robert Bingham the Elder in form aforesaid had the said John Horsey was seised of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances in his demesn as of Fee and the said John Horsey so thereof being seised a Fine was Levyed in the Court of the said Lady the Queen that now is at the Castle of Hartford in the County of Hartford after and before the within written time in which c. that is to say in the morrow of All Souls in the year of the Reign of the said Lady the Queen that now is the 24th before Edmund Anderson Thomas Meade Francis Windham and William Periam then Justices of the said lady the Queen of the Bench other of the said Lady the Queens faithful people then there present between Henry Viscount Bindon Sichard Rogers Knight Henry Ashley Knight Thomas Hayward George Trenchard John Strange-waies John Williams Richard Watkins Thomas Muttens Henry Collier Edward St. Karke John Fitz-Williams and George Gilbert Fsquires then plaintiffs and the said John Horsey Knight then defendant of the said Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances by the names of the Mannors of Clyfton Malarke Thorneford Nether Crompton Bradford Sherborne Wyke Horseys Melcum otherwise Sturges Melcum with the appurtenances and 250 Messuages 100 Toâ—ts 10 Mills 10 Dovehouses 3000 Acres of Lands 2000 Acres of Meadow 5000 Acres of Pasture 1000. Acres of Wood 3000. Acres of Furz and Heath and 10. pound Rent with the Appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beere-Hacket Shirborn Lillington Nether-Crompton Over-Crompton Long Barton Oburne Heyden Vpmelcum Nether Melcombe Cheselborn Buckland Plushe Mapowder Mylton other Midleton and Helton And the Rectory of Bradford with the appurtenances As also of the Advowson of the Churches of Melcombe Nether-Melcombe Clyfton Malank Thorneford Nether-Crompton and Bradford in the County of Dorset And of the Mannors of Horsey and Peignes with the Appurtenances and 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chilton Beugh Stafford Berwick Weston Bondrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a plea of Covenant was summoned between them in the same Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which the said Viscount Richard Rogers Henry shley Thomas Howard George Trenchard John Strange-wayes John Williamâ— Richard Watkings Thomas Muttens Henry Coker Edward St. Kerke John Fitz James and George Gilbert had of the gift of the said John Horsey and those realesed and quit claimed for him and his Heirs to the said Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Strangewayes John Williams Richard Wakâ—ns Thomas Muttens Henry Coker Edward St. Kerke John Fitz-James and George Gilbert and to the Heirs of the said Viscount for ever And further the said John Horsey granted for him and his Heirs that they warrant to the aforesaid Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Stangewayes John VVilliams Richard VVatkins Thomas Muttens Henry Coker Edward St. Kerke John Fiz-James and George Gilbert and to the Heirs of the said Viscount the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowson aforesaid against all men for ever The Tenor of which Fine followeth in these words This is a final Concord made in the Court of the Lady the Queen at the Castle of Hartford in the morrow of All Souls in the yeer of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 24th before Edmond Anderson Kt. Thomas Mead Francis VVindham and VVilliam â—eriam Justices and other of the Queens faithful people then here present Between Henry Viscount Byndon Richard Rogers Kt. Henry Ashley Kt. Thomas Howard Esq George Trenchard Esq John Strangewayes Esq John VVilliams Esq Richard Watkins Esq Thomas Muttens Esq Henry Coker Esq Edward St. Karke Esq John Fiz-James Esq and George Gilbert Esq Plantifs and John Horsey Kt. Deforciant of the Mannors of Clyfton Malanke Thorneford Nether-Compton Bradford Sherborn Wyke Horseys Melcomb otherwise Sturges Melcomb with the appurtenances and of 250. Messuages 100. Tofts 10. Mills 10. Dove houses 3000. Acres of Land 2000. Acres of Meadow 5000. Acres of Furz and Heath and 10. pound Rent with the appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beer-Hacket Sherborn Lillington Nether-Compton Over-Compton Long-Burton Oburne Hayden Vxnelcombe Nether-Melcombe Chaselborne Bucklaud Plashe Mapowder Mylton otherwise Midleton and Helton And of the Rectory of Bradford with the appurtenances as also of the Advowsons of the churches of Melcombe Nether-Melcombe Clyfton Malanke Thorneford Nether-Compton and Bradford in the County of Dorset And of the Mannor of Horsey and Pâ—egnes with the appurtenances And of 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chitton Bough Styford Barwick Weston Baudrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a Plea of Covenant was summoned between them in the said Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Rents with the Appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which he the said Viscount Rich. Hen. Tho. George Joh. Strange-wayes Iohn Williams Rich. Tho. Henry Edward John Fitz James and George have of the guilt of the aforesaid John Horsey and then released and quit claimed from him and his Heirs to the aforesaid Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Williams and George and to the Heirs of the said Viscount for ever And besides the said John Horsey grants for him his Heirs That they warrant to the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Iames and George and to the Heirs of the said Viscount the aforesaid Mannors Rectory Tenements and Rents with the appurtenances
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
the Queen that now iâ— to serve in his Office aforesaid By virtue of which License of the said Lady the Queen to the aforesaid Mark as afore is said the said Mark by the whole time of his absence specified in the Inquisition aforesaid And 〈◊〉 the â—â—â— Mark for further shewing of his Right saith That he now is and alwâ—â—â—â—om the aforesaid time of removing him from the Exercising of his Offiâ—â— aforesaid was ready and often time offered himself to serve in his Office aforesaid And that as yet from the time of the License of the said Lady the Queen of absenting himself to the said Mark made the said Lady the Queen that now is had not commanded him to serve in his Office aforesaid Without that that the said Lady the Queen that now is hath any other Right or Title in or to the Office aforesaid than as before above it is alleged And without that That there is any such Record besides the Record of the Inquisition aforesaid which makes or shewes or can make or set forth any Title of the said Lady the Queen that now is in or to the Office aforesaid All and singular which the said Mark is ready to aver as the Court here shall award and therefore he demandeth Judgement and that to the possession and exercising of his Office aforesaid together with the Wages and Fee aforesaid and to the issues and profits to the said Office due and belonging from the time of his removing from the said exercising of his Office aforesaid be restored c. And Gilbert Gerrard Attorny General of the Lady the Queen that now is who prosecuteth for the said Lady the Queen in this behalf saith That by any thing by the said Mark Steward above in pleading alleged The said Lady the Queen of her Right and Title in or to the Office aforesaid ought not to be barred Because he saith That the said Lady the Queen did not give License to the said Mark to absent himself from the exercising of his Office aforesaid at the pleasure of him the said Mark until he were Commanded by the said Lady the Queen to serve in his said Office aforesaid in manner and form as the aforesaid Mark in his shewing of his Right to the Office aforesaid above alleged And this the said Attorny of the said Lady the Queen that now is for the said Lady the Queen prayeth it be enquired of by the Country And the aforesaid Mark likewise Therefore day is given before the said Lady the Queen that now is in the Morrow of the Ascension of our Lord wheresoever she should be in England to do and receive what was just in the premises And it is commanded to the Sheriff of Middlesex That he cause to be here before the Lady the Queen at that day 12. good and lawful men of the Vicinage of the City of Westminster who are not of Kindred or Affinity of the said Mark To Recognize upon their Oath more fully the truth of the premises At which Morrow of the Ascension of our Lord before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Geâ—rad who prosecutes c. as the aforesaid Mark Steward by John Manning his Attorny And the Sheriff retorns the names of 12. whereof none c. Thtrefore it is commanded to the Sheriff That he do not omit c. but that he destrein them by all their Lands c. And that of the Issues c. And that he have their Bodies before the Lady the Q. in 8. dayes of the Holy â—rinity wheresoever c. To Recognize in form aforesaid c. And the same day is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward c. At which 8. dayes of the â—oly â—rinity before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And the Jurors of the Jury aforesaid being called likewise come And upon this publick Proclamation is made for the Lady the Queen as the use is That if there be any one who will inform the Justices oâ— the Lady the Queen here the Serjeant at Law of the Lady the Queen or the Attorny General of the Lady the Queen or the Jurors aforesaid oâ— the premises that he come and should be heard And Edward Anderson one of the Serjeants of the Lady the Queen at Law to do this offered himself By which it is proceeded to the taking of the Jury aforesaid by the Jurors aforesaid now there appearing who to say the truth of the premises chosen tryed sworn say upon their Oath That the Lord Philip and the Lady Mary late King Queen of England by their Letters Patents under the Great Seal of England made bearing date at Westminster the 23th day of September in the yeers of the Reigns of the said late King and Queen the 3d. and 4th Gave and granted to the said Mark the Office of Serjeant at Arms attending upon their Chancellor of England for the time being and made him the said Mark their Serjeant at Arms aforesaid made Ordained and Constituted by the said Letters Patents for the term of his life To have and enjoy the said Office to him the said Mark for the term of his life And moreover the said late King and Queen gave and granted by the Letters Patents aforesaid for them the Heirs and Successors of the said Queen for the exercising and holding of the Office aforesaid the Wages and Fee of 12. pence per diem To have hold and perceive yeerly the said Wages and Fee of 12. pence the day to the said Mark for the term of his life of the issues and profits of their Hamper of their Chancery by the Hands of the Clerk or Keeper of the said their Hamper and the Heirs of the aforesaid late Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any way anciently belonging due and accustomed And the said Mark Steward brings here in Court the Letters Patents aforesaid which followes in these words Philip and Mary by the Grace of God King and Queen of England Spain France both Cicilies Jerusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgondy Milain and Brabant Earl of Haspurge Flanders and Tiroll c. To All to whom these present Letters shall come Greeting Whereas our most dear Brother Edward late King of England the 6th by his Letters Patents made under the Great Seal of England bearing date at Greenwich the 8th day of April in the 4th yeer of his Reign of his special Grace certain Knowledg and meer Motion as also with the Advice and Consent of his Council had given and granted to his well-Beloved Richard Hatchman Gentleman the Office
said VVilliam take nothing by his Bill aforesaid but for his false clamour he be in Mercy c. And the aforesaid Edward go thereof without day c. TRESPAS Trinity Term Anno 70. of King JAMES Rot. 2612. in the COMMON-PLEAS C. 9. part The Earl of Shrewesburies Case fol. 42. RObert Spencer late of Maunsfield in the County aforesaid Esquire and Brownl Thomas Woodward late of Maunsfield in the Couty aforesaid Gentleman were attached to Answer to Roger Earl of Rutland of a Plea Wherefore Whereas The Lady Elizabeth late Queen of England the 14th day of July in the 42th yeer of her Reign at Westminster in the County of Middlesex By her Letters Patents sealed with the Great Seal of England had given and granted to the said Earl from the time of the full age of the said Earl of 21. years To the Term and for and during the Term of his natural life The Office of Steward of the Lordships or Manors of her the late Queen of Maunsfield in the County aforesaid and Bolsover and Horseley in the County of Derby with the Wages Fees to the said Office anciently due and accustomed To have and yeerly to receive the said Wages during the Term aforesaid of the Issues Profits Farms and Revenews of the aforesaid Lordships or Manors by the Hands of the Farmers Receivers or any other Occupiers thereof for the time being at the Feasts of St. Michael the Archangel and Easter by equal portions Together with all other Profits Rights Commodities Jurisdictions Privileges Preheminences and Emoluments to the said Offices arising or in any wayes belonging And whereas the said Earl before the making of the said Letters Patents that is to say the 19th day of November in the yeer of the Reign of the aforesaid late Queen the 40th had attained unto his full age of 21 years and by virtue of the Letters Patents aforesaid was seized of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of Freehold for the Term of his life And the same Offine from the aforesaid 14th day of June in the yeer of the said Lady the Queen the 42th aforesaid for one whole year then next after well and faithfully had executed and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield of old due and accustomed by that time had had and received The aforesaid Robert and Thomas intending manifoldly to molest him the said Earl and him the said ' Earl to disturb from the Execution of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield and him the said Earl of the Wages Fees and Profits which by reason of the execution of the said Office which he could and might of Right to have and receive wholy to frustrate and hinder of his own wrong without any Right of lawful authority without the leave of the said Earl the 16th day of February in the year of the Reign of the said late Queen the 44th at Maunsfield aforesaid The aforesaid Office of Steward of the aforesaid Manor of Maunsfield aforesaid exercised and from thence hitherto do exercise and occupie and all and singular the Wages Fees Commodities and Profits to the said Office due and by reason of the exercising of the Office aforesaid within the Manor aforesaid of right belonging to their own proper use had and received and the said Eearl to exercise the said Office within the aforesaid Manor aforesaid and the Wages Fees Commodities and Profits to the said Office of right to have and receive with force and Arms then and there hindered and yet do hinder and other harms to him did to the great damage of him the said Earl and against the peace of the said Lord the King that now is c. And whereupon the said Earl by John Muscott his Attorny complaineth for that whereas the aforesaid late Queen the 14th day of June in the year of the Reign the 42th abovesaid at VVestminster aforesaid by her aforesaid Letters Patents which the said Earl under the great Seal of England Sealed here in Court bringeth whose date is the same day and year had given and granted unto the said Earl from the time of the full age of the said Earl of 21 years to the term and for and during the whole term of the natural life of him the said Earl the aforesaid Offices of Steward of the aforesaid Lorsships or Manors of the aforesaid late Queen of Maunsfield Bolsover and Horsley with the Wages and Fees to the said Offices of old due and accustomed to have and receive yearly the said Wages during the term aforesaid of the Issues Profits Farms and Revenues of the said Lordships or Manors by the hand of the Farmers Receivers or other Occupiers of the same for the time being at the aforesaid Feast of Saint Michael the Arch-Angel and Easter by equal portions tegether with all other Profits Rights Commodities Jurisdictions Privileges Appurtenances Emoluments to the said Offices belonging or any waies appertaining and whereas the said Earl before the making of the aforesaid Letters Patents that is to say the 19th day of November in the year of the Reign of the aforesaid late Queen the 40th aforesaid had attained unto his full age of 21. years and by virtue of the Letters Patents aforesaid was seised of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of his free-hold for the term of his life and that Office from the aforesaid 14th day of June in the year of the Reign of the aforesaid late Queen the 42th abovesaid for one whole year then next following well and truly had exercised and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield from of old due and accustomed for that time had had and received the aforesaid Robert and Thomas endevoring him the said Easl from the exercising of the said Office of Steward of the aforesaid Manor of Mauasfield greatly to disturb the said Earl of the Wages Fees Profits that is to say of 100. s. yearly to be paid for the exercising of the afores office of Steward of the the ancient Fees due for the entring of playnts and pleas for Coppies of Court Rolls for Replevins for proving of Wills for granting of administrations of all persons whatsoever dying within the aforesaid Manor of Maunsfield for the entring of surrendors and admission of all Tenants whatsoever of the aforesaid Manor of Maunsfield for the Entry of of the Fealty of all Tenants of the said Manor of Maunsfield which of right he ought or might have and receive utterly to frustrate and hinder of his own wrong without any right or Lawfull authority without the leave of him the said Earl the aforesaid 16. day of February in the yeer of the Reign of the said late Queen the 42th abovesaid at Maunsfield aforesaid the aforesaid Office of Steward of the said Manor of
Maunsfield exercised and from thence hitherto do exercise and enjoy and all and singular Wages Fees Commodities Profits to the said Office due and by reason of the exercising of the said office within the Manor of Maunsfield aforesaid of right belonging to their own use had and took and the said Earl to exercise the said Office within the aforesaid Manor of Maunsfield and the Wages Fees and Profits to the said Office of right belonging and from the whole time whereof the memory of Man is not to the contrary to have and take with force and Arms then and there hindred and as yet doth hinder and other harms to him c. to the great damage c. and against the peace c. and whereupon he saith that he is the worse and hath damage to the value of 100. pound and thereof bringeth sute c. And the aforesaid Robert and Thomas by William Cragg their Attourny come and defend the force and injury when c. and say that they are not guilty of the Trespass aforesaid as the aforesaid Earl above against them complaineth and of this put themselves upon the Country and the aforesaid Earl likewise therefore it is commanded to the Sheriff that he cause of come here from the day of the Holy Trinity in 3 weeks 12 c. by whom c. and who neither c. to recognize c. because aswell c. Afterwards the day and place within contained before Peter Warberton one of the Justices of the Lord the King of the bench and Thomas Foster another of the Justices of the said Lord the King of the Bench Justices of the said Lord the King to Assises in the County of Nottingham to be taken by form of the Statute c. come aswell the within named Roger Earl of Rutland as the within named Robert Spencer and Thomas Woldwood by their Attorneys within contained And the Jurors of the Jury whereof within is made mention being called some of them that is to say Edward Bould of Holloughton Esquire Edward Coppinger of Francfield Esquire George Hutchinson of Balford Gent. Francis Hollingworth of Stapleford Gent. VVilliam Gresley of the same Nicholas Hamond of Lound Gent. Anthony VVhitwell of VVeyston Gent. Joh. Sturtevant of Calverton Gent. Richard Griggs of Gringly up the Hill and John Seywell of Normanton against Plumtree come and are sworn Jurors of the Jury aforesaid and because the rest of the Jurors of that Jury did not appear therefore others of the standers by chosen by the Sheriff of the County aforesaid at the request of Roger Earl of Rutland and by the command of the Justices aforesaid of new are added whose names are fyled to the Pannel within written according to the form of the Statute in such case made and provided and the Jurors of new added that is to say John Hutten and John Templemem likewise come who to say the truth of the premises with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the Lady Elizabeth late Queen of England was seised in her demesn as of Fee in right of her Crown of England of and in the Manor of Maunsfield in the County of Nottingham and of and in the Manor of Bolsover and Horsley in the County of Derby and so thereof being seised the 14th day of June tn the year of her Reign the 42th By her Letters Patents under the great Seal of England sealed and to the Jurors aforesaid shewed in evidence graunted to the aforesaid Earl of Rutland from the time of the full age of the said Earl of 21 years to the term and for and during the whole term of the natural life of him the said Earl the office of Steward of the Lordships or Manors aforesaid with the Wages and Fees to the said Office of old due and accustomed as in the said Letters Patents is contained the Tenor of which followeth in these words Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. To all to whom these present Letters shall come Greeting Know ye that we of our special Grace and of our certain Knowledge and meer Motion have given and granted and by these presents for us our Heirs and Successors do give and grant to our Well Beloved Cosin Roger Earl of Rutland the Office of Constable of our Castle of Nottingham and Keeper oâ— the Gates of the said Castle as also the Office of Steward Keeper Guardian and Chief Justice of our Forrest of Sherwood and our Parks of Billow Birkland Romwald Owseland Folwood Beskwood and Clipson with their Aupurtenances in the said County of Nottingham and him the said Roger Earl of Rutland Constable of our Castle aforesaid and Keeper of the Gates of the said Castle as also Steward Keeper and Justice Itinerate of the Forests and Parks aforesaid we â—o make ordain and constitute by these presents giving and granting to the said Roger Earl of Rutland by the Tenor of these presents full power and authority All and all manner oâ— Pleas Quarrels and Causes within the Forest and Parks aforesaid or any of them arising according to the Law and Custom of the Forest to hear and determine To have enjoy use and exercise the Offices aforesaid and every of them To the aforesaid Roger Earl of Rutland by him or by his sufficient Deputy or Deputies from the time of the full age of 21. yeers of the same Earl to the Term and for and during the whole Term of the natural life of the said Roger Earl of Rutland together with power in the said Offices to make and appoint all Officers of old due and accustomed and for the exercising and occupation of the Office aforesaid we give and grant by these presents to the aforesaid Roger Earl of Rutland the Wages and â—ee of 40. Marks by the year from the time of the full age of 21. years of the said Earl to the Term and for the whole natural life of the said Earl of Rutland As also an Annuity or yeerly Rent of 9. pound from the time of the full age of the said Earl to the Term for and during the whole Term of the natural life of the same Earl of Rutland for the Wages or Stipends of 9. Foresters assigned by him the said Earl to keep the Forest aforesaid To be taken yearly to be received the said Wages and Fee of 40. Marks from the Treasury of us our Heirs and Successors at the Receipt of our Exchequer at Westminster by the Hands of our Treasurer or Chamberlains or anâ— oâ— their Hands for the time being at the Feast of Saint Michael the Archangel and Easter by even portions And also the said Annuity or yearly Rent of 9. pound for the Wage and Stipend of the aforesaid Roger Earl of Rutland from the time of the full age of 21. years of the said Earl to the Term and for and during the whole Term of the natural life
is aforesaid and that it shall and may be Lawfull to and for the said Master Preacher School-master Usher Poor men and Poor Children and Officers of the Hospital to remain assemble be and Cohabit together in the said House Buildings and Hospital And that it may be further enacted by the authority aforesaid and Be it enacted by the authority aforesaid that your said supplyant during his life and that the said Governors and their successors for the time being or the most part of them after his decease shall and may have full power and authority under the said common Seal to make ordayn set down and prescribe such Rules Statues and Ordinances for the Order Rule and Government of the said Hospital and of the said Master Preacher School-Master Usher Poor men Poor Children and Officers and their successors and for their and every of their stipends and allowances as to your said supplyant during his life and the said Governors and their successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down or prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative royal nor to the Laws or Statures of this your Majesties Realm of England nor to any Ecclesiastical Canons of the Church of England then in force and use And that your said supplyant during his life and the said Governours and their successors for the time being or the most part of them and such of them as your said supplyant shall thereto nominate and appoint shall and may after the decease of your said suppliant have power and authority to visit the said Hospital and to Order reform and redress all disorders and abuses in and touching the Government and disposing of the same And further to censure suspend and deprive the said Master Preacher School-master Usher Poor men Poor Children and Officers for the time being and every or any of them as to him and them shall seem Just fit and convenient so alwaies as no Visitation Act or thing in or touching the same be had made or done other than by your supplyant during his life or the said Governours and their successors for the time being or the most part of them after his decease or by such of them as your supplyant shall hereunto nominate and appoint And also that it may be farther enacted by the authority aforesaid and be it enacted by the authority aforesaid that that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use behoof for during so long time as he shall be Preacher Minister there without any other Presentation or Admission Jnstruction or Induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine end when as soon as any such person shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall cease and resign leave or be put out and removed from his said place of Preacher or Minister of the said Hospital Saving alwayes and reserving to your Majesty your Heirs and Successors and to every other person or persons Bodies Politick or Corporate their Heirs and Successors other than your suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Comodities Advantages and Hereditaments whatsoever which they or any of them shall and may have or of Right ought to have of in to or out of the premises or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premises or any part or parcel thereof And other their Respits of Homage or Fines for not payment of Respits of Homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any one of them for or by reason of any Statute hitherto made for concerning or against any Alienation in Mortmain as by the said Act amongst other things it appeareth And further the said Jurors say upon their Oath aforesaid That Thomas then and now Earl of Suffolk Lord Chamberlain of the Kings Houshold before the aforesaid time in which c. was seized of and in a certain Capital Messuage or Mansion-house called or known by the name of Howard House otherwise called The late dissolved Charter-House besides Smithfield situate lying and being in the County of Middlesex with all and singular Rights Members and Appurtenances to the same belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and of and in all that parcel of Land with the Appurtenances commonly called Pardon Church-yard and of all those two Messuages or Tenements and two Closes of Land with the Appurtenances thereunto belonging commonly called Welbech situate lying and being in the said County of Middlesex whereof the aforesaid Capital Messuage with the Appurtenances in the Declaration aforesaid mentioned is and the aforesaid time in which it is supposed the Trespass aforesaid above to be done as also time whereof the Memory of Men is not to the contrary was parcel in his Demesn as of Fee And so thereof being seized The said now Earl of Suffolk before the time in which c. That is to say at Westminster in the County of Middlesex By his certain Indenture between him the said now Earl by the name of the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the most Honourable Houshold of the Lord the King and Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk and Thomas Earl of Arundel and Surrey and William Lord Howard of Naward in the County of Cumberland of the one part and the aforesaid Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part made and within 6. Moneths then next following in the Court of the said Lord the King of Common-Pleas at VVestminster aforesaid then being in due manner of Record Inrolled according to the form of the Statute in such case made and provided one part of which as well with the Seal of the aforesaid Thomas now Earl of Suffolk as with the Seals of the aforesaid Theophilus Lord Howard Thomas Earl of Arundel and Surrey William Lord Howard sealed to the