the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is of England France and Ireland the 7th and of Scotland the 42 d. Rott 3642. It is contained thus Somers ss It was commanded to the Sherriff Whereas of the grievous Complaint of Owen Bray of Cobham in the County aforesaid Gent. to the Lord the King grievously complaining It was shewed That whereas John Drury Doctor of Law in the Court of the Lord the King of the Bench here That is to say In the Term of St. Michael in the yeer of the Reign of the said Lord the King of England the 5th before the Justices of the said Lord the King of the Bench aforesaid here that is to say at Westminster by Judgement of the said Court had recovered against the said Owen as well a certain debt of 200. pounds as 33. shillings 4. pence which to the said John in the Court aforesaid of the said Lord the King here were adjudged for his damages which he had by occasion of the detaining of the said debt whereof he is convicted And whereas also the said Owen for that that he did not come unto the said Court of the Lord the King here to satisfy the aforesaid John of the debt and damages aforesaid was put in exâ—gent in the County of the Lord the King of Sussex to Outlawry and for that occasion afterwards that is to say the 19th day of May in the yeer of the Reign of the Lord the King that now is was Outlawed And notwithstanding the said Owen in execution for the Debt and Damages aforesaid by virtue of a certain Writ of the said Lord the King of Capias utlagatum thereof to the late Sheriff of the aforesaid County of Surry by Herbert Morley Esq then Sheriff of the aforesaid County of Surry at the Sute of the said Iohn was taken and imprisoned And after he was so taken and imprisoned was by the said Sheriff out of the same Prison at large where he would freely and voluntarily suffered to go and from the execution aforesaid was delivered as the said Owen by ways and means convenient was ready to shew Yet the aforesaid Iohn sueth forth Execution of the Debt and Damages aforesaid against him the said Owen by reason of the Recovery aforesaid and endeavoureth and threatneth unjustly him the said Owen to be taken and imprisoned to his no smal Damage Whereupon he had supplicated the Lord the Kings congâ—uous remedy for him to be provided The said Lord the King Willing what is just to be done to the said Owen in this behalf sent to the Justices here That the Complaint of the said Owen in this part being heard and calling before theâ— the Parties aforesaid and other which in this behalf they shall see to be called and their reasons thereof here being heard To the said Owen full and speedy Justice they should cause to be done in this behalf which of right and according to the Law and custom of the Kingdom of the Lord the King of England should be done And that they cause to come here at this day that is to say from the Holy Trinity in 15. dayes the aforesaid Iohn to answer of and upon the premises and further to do and receive what the Court the said Lord the King here shall consider in that behalf And now here at this day come as well the aforesaid Owen by Otho Gayer his Attorny as the aforesaid Iohn by Iohn Nye his Attorny And upon this the said Owen saith That whereas the aforesaid Iohn in the Court of the said Lord the King that now is here that is to say in the Term of St. Michael in the yeer of the Reign of the Lord the King that now is of England c. the 5th before Edward Coke Kut and his Companions then Justices of the said Lord the King of the same Bench here that is to say at VVestminster by the consideration of the said Court recovered against the said Owen as well the aforesaid Debt of 200. pounds as the aforesaid 33. shillings and 4. pence which to the said Iohn in the same Court of the said Lord the King here was adjudged for his Damages which he had by occasion of detaining the same Debt whereof he is convicted And whereas also the said Owen for that he did not come into the same Court of the said Lord the King here to satisfie the said Iohn of his Debt and Damages he was put in Exigent in the aforesaid County of Sussex to be Outlawed and for that occasion afterwards that is to say the 9th day of May in the yeer of the Reign of the Lord the King that now is the 6th was Outlawed upon the said Outlawry the aforesaid Iohn Drury afterwards that is to say in the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is the 6th abovesaid sued forth out of the Court of the Lord the King of the Bench here a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen then to the Sherriff of the aforesaid County of S. directed By which Writ the said Lord the King then commanded the said Sherriff of S. that he do not omit for any Liberty within his County but that he take the said Owen Outlawed in the said County of Sussex the said 19th day of May in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid At the Sute of the said Iohn Drury of the plea of Debt whereof he is convicted of c. And him safely keep c. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls then next comming to do receive what the Court of the said Lord the King thereof should consider in that behalf By virtue of which Writ the said Owen afterwards that is to say the 7th day of October in the 6th yeer aforesaid at Guildford in the aforesaid County of Surry by the aforesaid Rob. Morley then being Sheriff of the aforesaid County of Surry was taken and imprisoned And after he was so taken and imprisoned the said Owen by the said Sherriff the same day and yeer c. At Guildford aforesaid out of that Prison at large where he would freely and voluntarily to go was suffered and from the execution aforesaid was delivered And this he is ready to aver Whereupon he prayeth Judgement And that the aforesaid John from having his execution aforesaid by colour of the Judgement aforesaid be barred and that the said Owen thereof be discharged c. And the aforesaid John prayeth licence thereof to imparl here until 8. dayes of St. Michael c. And hath it c. And the same day is given to the aforesaid Owen here c. At which day the plea aforesaid was adjorned by Writ of the Lord the King of Common adjornment
Forset my Chaplain Overseers of this my present Testament I ordain and appoint John Wakering Master of the Hospital of St. Bartholomew aforesaid To which my Executors and Overseer above named I give the rest of all and singular my Goods and Chattels which shall remain by me not distributed disposed nor bequeathed in this last Will faithfully and speedily to be distributed for my Soul Willing That the said Executors and Overseer according to their discretions and Consciences take of my goods what is reasonable for their pains And that my present Testament and last Will before written be as speedily as conveniently it may be by my Executors performed and executed as in the fearful day of the last Judgement for me and them before the most High Judge who is ignorant of nothing they will answer In witnesse whereof to this my present Testament indented containing my last Will I have set my Seal Dated the day year aforesaid And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid William Bramptou of the said Messuage and 6. Acres of Pasture parcel c. amongst other c. as is before said so being seised The said John Barton the Elder afterwards at Buck aforesaid dyed After the death of the said John Barton the Elder the aforesaid William Brampton was seised of the Messuage aforesaid and 6. Acres of Lands aforesaid parcel c. in his Demesn as of Fee To the several uses and intents in the aforesaid last Will of the aforesaid John Barton the Testator above expressed And that the said Iohn Barton the younger after the death of the said Iohn Barton the Testator into the aforesaid Messuage and 6. Acres of Pasture with the Appurtenances parcel c. entred and the Rents and profits thereof yearly after the death of the said Iohn Barton the Testator arising for and during the life of him the said Iohn the younger took and had and the same to the uses intents and appointments in the said Testament and last Will thereof limitted and appointed during the life of the said Iohn the younger did convert apply and pay And afterwards and before the time in which c. The said Iohn Barton the younger at Buck aforesaid dyed After whose death of the said Iohn Barton the younger the aforesaid William Brampton was seised of the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee unto the uses and intents in the aforesaid last Will of the said Iohn Barton the Testator before expressed to be performed And that the said Margaret and Isabel after the death of the said John Barton the younger into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the death of the said John Barton the younger arising for and during the lives of the said Margaret and Isabel and the longer liver of them took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Testator declared limitted and appointed during the lives of the said Margaret and Isabel applyed converted and payed and the longest liver of them did apply convert and pay And afterwards and before the time in which c. The aforesaid Margaret and Isabel at Buckingam aforesaid dyed After the deaths of which Margaret and Isabel The said William Brampton was seised in his Demesn as of Fee of and in the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the Appurtenances to the uses and intents in the aforesaid last Will of the aforesaid John Brampton the Elder the Testator expressed to be fulfilled And that the said William Fowler in the Testament aforesaid named had issue of his body lawfully begotten one Richard Fowler and the said William Fowler after the deaths of the said Margaret and Isabel into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the deaths of the said Margaret and Isabel arising for and during the life of the said William Fowler took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed during the life of the said William Fowler applyed converted and payed And afterwards the 6 th day of July in the yeer of the Reign of King Henry the 6 th the 30 th The said William Fowler at Buckingham aforesaid dyed after whose death of the said William Fowler the aforesaid William Brampton was seized of and in the said Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee to the uses intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed to be fulfilled And that the said Richard Fowler had issue of his body lawfully begotten one Edward Fowler and the said Richard Fowler after the death of the said William Fowler into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and profits therof yeerly after the death of the said William Fowler arising for and during the life of the said Richard Fowler took and had and tâ—e same to the uses intents and appointments in the said Testament and last Will of the said John Barton the Elder the Testator during the life of the said Richard Fowler applyed converted and payed that is to say until the 3 d. day of November in the yeer of King Edward the 4 th after the Conquest of England the 7 th which said 3d. day of November the aforesaid Richard Fowler at Buckingham aforesaid dyed After the death of which Richard aforesaid the aforesaid Wil. Brampton was of the Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances seized in his Demesn as of Fee to the uses and intents in the Testament aforesaid of the said John Barton the Testator limitted and declared to be fulfilled And that the said Edward Fowler had issue of his body lawfully begotten one Gabriel Fowler and the said Edward after the death of the said Richard Fowler into the aforesaid Messuage and 6. Acres of Lands parcel c. with the appurtenances entred and the Rents and Profits thereof yeerly after the death of the said Richard Fowler arising for and during the life of the said Edward took and had and the same to the uses intents and appointments in the said Testament and last Will declared and limitted Until the 4 th day of February in the yeer of the Reign of King Henry the 8 th the 27 th applyed converted and payed which said 4 th day of February by virtue of a certain Act of Parliament at Westminster in the County of Middlesex for transferring of uses into
not yet concealed nor detained but the Rents and the Reversions thereof to the said Lord the King and Lady the Queen then were answered And that Mannor was in charge and account of Record and the Rents and the Reversions thereof to the said late King and Queen Philip and Mary were answered But whether the Lands and Tenements in the Declaration above mentioned by the said Letters Patents to the aforesaid George Howard Kt. passed or not the Jurors aforesaid are ignorant and thereof pray the Advice and Consideration of the Court in the premises And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices of the Court That the aforesaid Lands and Tenements in the Declaration aforesaid mentioned by the aforesaid Letters Patents of the Lord Philip and Mary late King and Queen of England to the aforesaid George Howard did passe Then the Jurors aforesaid say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment as he before in pleading hath alleged And if upon the whole matter by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court That the Lands and Tenements in the Declaration within written by the aforesaid Letters Patents of the Lord Philip and Mary King and Queen of England to the said George Howard passed not c. False Imprisonment Michaelmass Term in the 6th yeer of King JAMES in the COMMMON-PLEAS Doctor Bonhams Case Co. 8. part London HEnry Atkins of London Doctor of Physick George Turner of London Doctor of Physick Thomas Moundford of London Doctor of Physick John Argent of London Doctor of Physick John Taylor of London Yeoman And William Bowden of London Yeoman were Attached to answer to Thomas Bonham of London Doctor in Philosophy and of Physick of a Plea wherefore they together with William Dun of London Doctor of Physick and Richard Ware of London Skinner with force and Arms him the said Thomas Bonham took imprisoned and evil handled and him in Prison against the Law and Custom of the Kingdom of England did long detain and other harms to him did to the great damage of the said Thomas Bonham and against the Peace of the Lord the King that now is c And whereupon the same Thomas Bonham by Richard Coke his Attorny complaineth That the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden together c. the 10th day of November in the yeer of the Reign of the said Lord the King that now is the 4th with force and Arms him the said John in the Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and evilly handled and him there so in Prison a long time that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England detained and other harms c. to the great damage c. and against the Peace c. whereupon he saith that he is the worse and hath damage to the value of 300. pounds and thereof bringeth sute c. And the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden by Francis Barker their Attorny come and defend the force and injury when c. And as to the coming with force and Arms say That they are not thereof guilty And of that put themselves upon the Country and the aforesaid Thomas Bonham likewise And as to the rest of the Trespass and Imprisonment aforesaid above supposed to be done The said Henry George Thomas Moundford John Argent John Taylor and VVilliam Bowden say That the aforesaid Thomas Bonham his Action aforesaid against them ought not to have because they say That before the aforesaid time in which it is supposed the aforesaid Trespasse and Imprisonment to be done The Lord Henry late King of England the 8th the 23d day of September in the yeer of his Reign 〈◊〉 by his Letters Patents which the said Henry George Thomas Moundford John Argent John Taylor and William Bowden with his great Seal of England sealed bearing date at VVestminster the same day and yeer here in Court brought Reciting Wherereas he thought it the duty of his Kingly Office in all reason to provide for the good and welfare of his People That would first of all be done if he might in due season meet with the enterprizes of wicked men first therefore ye held it necessary to restrain the boldness of wicked men who professed Physick more for avarice than out of confidence of a good Conscience Whereupon very many incommodities did arise to the rude and credulous Cōmon-people Therefore partly imitating the example of the well-governed Cities and other Nations inclined thereunto at the request of the grave Men and Doctors John Chambre Thomas Linacre Ferdinand de Victoria his Physicians of Nicholas Hatswel John Francisco and Robert Yoxley Physicians and chiefly of the right Reverend Father in Christ and Lord Thomas titled of the Holy Church beyond Tyber Priest of the most Holy Church of Rome Cardinal of York Arch-Bishop and our Well beloved Chancellor of our Kingdom of England A College perpetual of Doctors and Grave Men who Physick in his City of London and the Suburbs and within 7. Miles from the said City every way might publickly exercise he Willed and commanded to be instituted to whom for his honour and in the name of the publick good and care as he hoped the ignorance and rashness of the malitious which he remembred as well by their example and gravity to deterr as by his Lawes late made and and by Constitution to be made by the same College to punish Which that they might more easily well accomplish to the remembred Doctors John Chambers Thomas Linacre Ferdinand de Victoria his Physicians Nicholas Hatswel John Francisco and Robert Yoxley Physicians he granted that they and all Men of the same faculty of and in the City aforesaid should be in deed and Name one Body and Comminalty perpetual or College perpetual and that the said Comminalty or College every yeer for ever might chose and make of that Cōminaltie any diligent man and skilful in the faculty of Physick to be President of the said College or Comminalty to oversee rule and govern for that yeer the College or Comminalty aforesaid and all men of the said faculty and their businesses And that the said President and College or Comminalty should have perpetual succession and a Common Seal to serve for the businesses of the said Comminalty and President for ever And that they and their Successors for ever should be persons able and capable to purchase and possesse in Fee and for ever Lands Tenements Rents and other possessions whatsoever He also granted to them and their Successors for him and his Heirs That they and their Successors might purchase to them and their Successors aswell in the said City as out of it Lands and Tenements whatsover not
in which c. the said Walter and the aforesaid Robert who c. demand Judgement and their damages by the occasion of the taking and unjust deteining of the Cattel aforesaid to the said VValter to be adjudged And the aforesaid Nicholas as at first saith That the aforesaid John Bevill was seized of the aforesaid Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as he above alleged And of this puts himself upon the Country and the aforesaid Walter and the aforesaid Robert Smith the Son who c. likewise Therefore it is commanded to the Sheriff that he cause to be here from the day Saint Martin 15. dayes 12. c. by whom c. and who neither c. to Recognize c. Because as well c. Processe against the Jurors to try the issue aforesaid is conteined until 15. of Easter in the 19th yeer of Queen Elizabeth unless the Justices to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Upon Monday in the 5th Week of Lent the said 19th yeer first come At which Assizes the Verdict was given as followeth The Jurors say upon their Oath That the within named John Smith the Father held the Tenements aforesaid with the Appurtenances called Newton of the within named John Bevill as of the within written Manor of Keligath by Knights Service within written And that the said John Bevill was seized of the Fealty and Sute of Court only parcel of the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant But whether the aforesaid seisin of Feâ—lty and Sute of Court aforesaid be a good and sufficient sâ—isin of the whole Services within written or not the Jurors are altogether ignorant And pray thereof the advice and diâ—cretion of the Justices aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the same Justices That the aforesaid seisin of Fealty and Sute of Court be not a good and sufficient seisin of the whole Services aforesaid Then the Jurors say upon their Oath That the aforesaid John Bevill was not seized of the within written Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as the said Walter within alleged And then they assess the damages of him the said Walter by occasion of the taking and unjust detaining of the Cattel aforesaid besides his costs and charge by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And if upon the whole matter aforesaid it shall seem to the Justices That the said seisin of Fealty and Sute of Court aforesaid be a good and sufficient seisin of the whole Services within written Then the said Jurors say upon their Oath aforesaid That the said John Bevill was seized oâ— the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant as the aforesaid Nicholas within alleged And then they assess the damages of the said Nicholas by occasion of the premises besides his costs and charges by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And because the Justices here will avise themselves of upon the premises before they give their Judgement thereof day is given to the parties here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. And so the Plea aforesaid was continued until the Morrow of the Holy Trinity in the 25th yeer of Queen Elizabeth which day Judgement was given as followeth At which day here cometh as well the aforesaid Walter Parker by his Attorny aforesaid as the aforesaid Nicholas Francis by William Aylesbury his Attorny And upon this The premises being seen and by the Justices here fully understood It seemeth to the Justices here That the aforesaid seisin of Fealty and Sute of Court aforesaid is a good and sufficient seisin of the whole Services aforesaid Therefore it is granted That the aforesaid William Parker take nothing by his Writ aforesaid but be in mercy for his false clamour And the aforesaid Nicholas Francis thereof go without day and that he have Retorn of his Cattel aforesaid to be kept by him irreplegible for ever c. It is also granted That the aforesaid Nicholas Francis recover against the aforesaid Walter Parker his damages aforesaid to 41. shillings by the Jurors in form aforesaid assessed as also 13. pound to the said Nicholas at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages in the whole do amount to 15. pound 1. shilling c. REPLEVIN Trinity Term Anno 7 mo JACOBI Rot. 3661. in Salop. the COMMON-PLEAS Co. 8. part John Talbotts Case IOhn Pendleton was attached by the Writ of the Lady the Queen of second deliverance to answer to John Chapman of a Plea wherefore he took the Cattel of him the said John Chapman and them unjustly deteined against Gages and Pledges c. And whereupon The said John Chapman by Thomas Salter his Attorney complaineth That the aforesaid John Pendleton the second day of September in the yeer of the Lord the King that now is of England c. the 6th at Albrighton in a certain place called Bromly took his Cattel that is to say two Bullocks of the said John Chapman and them unjustly deteined against Gages and Pledges untill c. whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth sute c. And the aforesaid Iohn Pendleton by Nicholas Gibbens his Attorny cometh and defendeth the force and injury when c. and as Bayliff of Jo. Talbot Esquire doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because he saith That the place in which it is supposed the taking aforesaid to be done doth contein and at the time of the taking thereof above supposed to be done did contein in it self 3. Acres of Pasture lying in the aforesaid field called Bromley in Albrighton aforesaid and that long before the taking of the Cattel aforesaid supposed to be done One John Chapman Father of the now Plaintiff was seised of the aforesaid 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and the said 3. Acres of Pasture with the appurtenances in which c. held of the aforesaid John as of his Manor of Albrighton in the County aforesaid by Fealty and the Service of doing sute at the Court of the said John Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor to be holden As also by the service of rendring after
King of 〈◊〉 c. came as well the within named John Crane as the within written Bartholmew Colpit by their Attornies within conteined And the Jurors of the Jury whereof within mention is made being called come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That the within named Henry Conny before the time within written in which c. was seized oâ— the within written 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee by discent from his Father And that the said Henry the said 2. Acres of Pasture with the Appurtenances held of the within named VVilliam Stermin â—s of his Manor of Richards with the Appurtenances in Fidde St. Giles within written by Fealty and the Rent of 13. pence at the Feast of Saint Miâ—hael the Archangel to be paid as also by the service of doing Sute at the Court of him the said VVilliam Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon reasonable warning at the Manor aforesaid yeerly to be holden and that of the services aforesaid the said VVilliam Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say of the Fealty and Sute of the Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee as the aforesaid Bartholmew within hath alleged And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid William Stermin of the Manor aforesaid with the Appurtenances was seized in his demesn as of Fee And so thereof being seized The said William Stermin before the within written time in which c. of the said Manor with the Appurtenances enfeoffed the within named John Welby To have and to hold to the said John Welby his Heis and Assigns forever And that the aforesaid Henry Conny being of the Age of 20. and within the Age of 21. yeers at the aforesaid Feoffment by the said William Stermin to the aforesaid John Welby in form aforesaid made of the aforesaid 2. Acres of Pasture with the Appurtenances in form aforesaid being seized at Fidde Saint Giles aforesaid agreed and the payment of the Rent aforesaid to the aforesaid John Welby promised And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here That the agreement of the aforesaid Henry Conny to the Feoffment aforesaid and his promise of the payment of the Rent aforesaid so as before is said by him the said Henry Conny he being within the Age of 21. yeers are an Attornment Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Henry did Attorn Tenant to the aforesaid John Welby in manner and form as the aforesaid Bartholmew Colpit within hath alleged And if upon the whole matter aforesaid by the Jurors in form aforesaid found it shall seem to the Court That the Agreement of the said Henry Conny to the Feoffment aforesaid and his promise aforesaid of payment of the Rent aforesaid so as before is said by him the said Henry being within the age of 21. yeers be not an Attornment Then the Jurors say upon their Oath aforesaid That the said Henry Conny did not Attorn Tenant to the aforesaid John Welby as the aforesaid John Crane in pleading hath alleged and then they assesse the damages of the said John by occasion within written besides his costs and charges by him about his Sute expended to 12. pence and for his costs and charges to 5. shillings Therefore c. RESTITUTION Trinity Term Anno 13. JACOBI Rot. 23. in the KINGS-BENCH C. 11. part James Bagges Case fol. 93. a. JAMES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the Mayor and Cominalty of the Borough of Plymouth in the County of Devon greeting c. Whereas James Bagg one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid according to the custom of the Borough aforesaid hithereto used was duly chosen and made And whereas the same James in the Office in of the 12. Chief Burgesses or Magistrates of the Borough aforesaid a long time carried and well governed himself Yet you the Mayor and Cominalty of the Borough aforesaid little regarding the aforesaid Iames unduly and without reasonable cause from the Office of one of the 12. Chief Burgesses and Magistrates of the Borough aforesaid unjustly and have amoved in contempt of us and to the no little damage and grievance of him the said Iames and the hurt of his Estate as we by his complaint have understood We therefore to the said Iames willing due and speedy Justice to be done in this behalf as is just command you and every of you as before time we have you commanded firmly enjoying you That immediatly after the Receipt of this Writ the aforesaid Iames in the aforesaid Office of one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid you restore with all the Liberties Privileges and Commodities to the Office aforesaid belonging and apperteining Or that you signifie the cause thereof unto us least in your default complaint thereof again to us come And how this our Writ shall be executed to us from the day of Holy Trinity in three Weeks wheresoever we shall be England you make it to appear under the penalty of 40. pound this our Writ then sending back c. Witnesse E. Coke at Westminster the 12th day of June in the yeer of our Reign of England France and Ireland the 13th and of Scotland the 48th By the Term of Trinity Anno 130. Jac. King JAMES Rot. 23. Execution of this Writ doth appear in a certan Schedule to this Writ annexed John Clement Mayor The Answer of the Mayor and Cominalty of the Borough of Plymouth to the Writ to this Schedule annexed According to the command of the Writ aforesaid To the Lord the King we most humbly certifie That the Lady Elizabeth late Queen of England by her Letters Patents with the great Seal of England sealed bearing date at Westminster the 28th day of February in the 43th yeer of her Reign for her self her Heirs and Successors granted to the Mayor and Cominalty of the Borough of Plymouth aforesaid and their Successors amongst other things That the Mayor and Recorder of the Borough aforesaid for the time being the time that they should happen to be in their Offices And further the Predecessors of the said Mayor then alive and for the time being and their Successors should be Justices of the said late Queen her Heirs and Successors to keep the Peace in the said Borough and within the Limits Precincts and Liberties thereof and to be kept and to cause to be conserved and kept without any Command Commission or Warrant for the same to be had or to be obteined And further to the said Lord the King we certifie That
the proper Hands of diverse of the Lords of his Privy Council sealed That none nor any person w 〈…〉 soever should kill or put to sale any Flesh for Victuals in the time of Lent then next following contrary to the Lawes and Statutes of this Realm And that all Mayors and other Head Officers in Burroughs and Towns Corporate within this Kingdom of England in the beginning of the time of Lent then next coming or before should cause all Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse-keepers within the precinct of their Jurisdiction to be bounden to the Lord the King by Bond that they should not dâ—esse any Flesh for Vâ—ctuals all the said time of Lent then next following And whereas afterwards that is to say the 20th day of February in the 12th yeer aforesaid One John Clement then and yet Mayor of the Burrough of Plymouth aforesaid according to the duty of his Place and in Obedience of the said Ordinance and Command of the said Lord the King sent to all the Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-keepers aforesaid within the precinct of the Burough aforesaid that they become bound by their Writing to the use of the said Lord the King according to the Tenor and Exigency of the aforesaid Ordinance and Command of the saâ—d Lord the King the due Execution of the Ordinance aforesaid in that behalf required and endeavored within the Burrough aforesaid The aforesaid James Bagg well knowing the premises and continuing his evil disposition and intent aforesaid At Plymouth aforesaid endeavoured and attempted to hinder and make void the due Execution of the aforesaid Ordinance and Command of the said Lord the King And to that purpose the same 20th day of February at Plymouth aforesaid to diverse Inhabitants of the Burrough aforesaid and other of the Kings leige People then being and having then and there speech with the aforesaid James Bagg of and upon the businesse aforesaid openly and publickly spake and uttered these words following that is to say Master Mayor meaning the said John Clement doth more herein than he need and more than he can well Answer Meaning that the said John Clement in requiring the aforesaid Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-Keepers to become bounden to the use of the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King had done more than was needful and more than he could well Answer By reason of which speech diverse Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse Keepers dwelling within the aforesaid Burrough utterly refused to be bounden to the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King and farther we certifie that the aforesaid Mayor and Comminalty of the Burrough of Plymouth and their predecessors time whereof the memory of men is not to the contrary had and used to have within the Burrough aforesaid a certain Custom of Wine called Wine-weight otherwise Wine Wite payable by every Taverner selling Wine within the Burrough afores of which Custom of Wine aforesaid the Mayor and Comminalty from the whole time aforesaid quietly and peaceably were possessed of until the aforesaid Ja. Bagg the 29th day of Nov. in the yeer of the Reign of the said Lord the King that now is the 4th at â—lym afores perfidiously maliciously practised with William Benâ—ly and Thomas Lyde being Taverners and Sellers of Wine within the Burrough aforesaid to them revealing divers secret counsels concerning the common profit of the Burrough aforesaid and them the said William and Thomas then and there perswaded that they no more should pay the aforesaid custom of wine called Wine-weight otherwise Wine-wite nor any summ of money for the same to the aforesaid Mayor and Comminalty which very day the 29th day of November in the 4th yeer aforesaid the aforesaid James Bagg being then one of the 12. Chief Burgesses of common Council of the Burrough aforesaid at Plymouth aforesaid perfidiously and maliciously spake to the said William Bently and Thomas Lyde these words that is to say you need not pay the Money meaning a certain Farm by them the said William and Thomas for the Custom aforesaid before then to â—he aforesaid Mayor and Comminalty payable for the Wine-weight any longer except you list for it is not due unto them By reason of which perfidious and malicious words the aforesaid William Bently and Thomas Lyde utterly refused to pay and yet do refuse and by reason thereof diverse Strifes and Controversies are risen and hereafter are like to arise betwixt the aforesaid William Bently and Thomas Lyde and the aforesaid Mayor and Comminalty for the Custome of Wine aforesaid and the Farm aforesaid to the great damage and prejudice of the aforesaid Mayor and Comminalty And further to the said Lord the King we Certifie that the aforesad James Bagg the first day of May in the yeer of the Reign of the Lord the King that now is the 12th and diverse other days and times then before at Plymouth aforesaid persidiously said to diverse Inhabitants of the Burrough aforesaid and to other the leige people of the said Lord the King upon Communication between them and the aforesaid James Bagg then before had of and concerning the liberties and Privileges of the Burrough aforesaid that he the said James Bagg would overthrow and make void the Charter of the Town aforesaid meaning the Charter aforesaid by the aforesaid Late Queen Elizabeth to the aforesaid Mayor and Comminalty as before is said granted And that he the said James the liberties privileges of the Burrough aforesaid would call in question and the same Privileges and Liberties overthrow And further to the Lord the King we Certifie that afterwards that is to say the 17th day of April now last past the aforesaid James Bagg in the said Writ named for the Causes aforesaid by the Mayor and Comminalty of the Burrough aforesaid from the Office of one of the Chief Burgesseâ— and Magistrates of the Burrough aforesaid was amoved c. John â—lement Mayor SCIRE FACIAS Pleas before the Lord the King that now is in his Chancery at Westminster in the County of Middlesex Hillary Term in the yeer of the Lord King JAMES by the Grace of God of England Scotland France and Ireland King the 3d. and of Scotland the 39th fol. 1. The PRINCES Case THE Lord the King that now is sent his Close Writ to the Sheriff of Cornwall directed in these words JAMES by the Grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sheriff of Cornwall greeting Whereas in the Statute in the Parliament of the Lord Edward late King of England the 3d. in the yeer of his Reign the 11th at Westminster in the County of Middlesex holden made amongst other things it was Enacted by Authority of the said Parliament That the Eldest Son of the King
day is given to the aforesaid Edward Coke Kt. the Attorny General of the said Lord the King that now is who c. then here c. At which 15. dayes of Easter before the the said Lord the King that now is in the said Court here that is to say at VVestminster aforesaid come as well the aforesaid Edward Coke Attorny General of the Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and VVarwick Hele by their Attorny aforesaid and upon this the aforesaid Henry John and VVarwick by their Attorney aforesaid further pray Leave thereof to Imparl before the said Lord the King that now is in the said Court here that is to say At West aforesaid until the Morrow of the Holy Trinity then next following wheresoever c. And then to Answer c. have it c. And the same day is given to the aforesaid Edward Coke Knight Attorny General of the Lord the King that now is who c. then here c. At which Morrow of Holy Trinity before the Lord the King that now is in the said Court c. that is to say at Westminster aforesaid come as well the aforesaid Edward Coke Knight Attorny General of the Lord the King that now is who c. in his proper person As the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid And upon this The said Henry John and Warwick by their Attorny aforesaid pray further license thereof to imparl before the said Lord the King that now is in the said Court here that is to say at Westminster aforesaid until the Morrow of All Souls then next following wheresoever c. And then to Answer c. And have it c. And the same day is given to Edward Coke Knight Attorny General of the Lord the King that now is who c. then here c. At which Morrow of All Souls before the Lord the King that now is in the said Court here that is to say at Westminster aforesaid come as well Henry Hobert Knight then Attorny General of the said Lord the King who for the said Lord the King that now is prosecutes in his proper person as the aforesaid Henry Lindley John Hele and VVarwick Hele by their Attorny aforesaid Upon which the said Henry Lindley by his Attorny aforesaid prayeth the hearing of the said Writ of Scire Facias above mentioned and it is read unto him c. Which being read and heard The said Henry Lindley saith That neither the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances in form aforesaid made ought to be revoked or annulled not the said Manors into the Hands of the said Lord the King ought to be seized Because he saith That there is not any such Record of any such Act of Parliament of the aforesaid King Ednard the 3d. made as in the aforesaid Writ of Scire Facias above thereof is rendred and specified Nor is there any such Record of the aforesaid Charter by the aforesaid late King Edward the 3d. by Authority of the Parliament aforesaid above recited and specified as in the said Writ of Scire Facias above is recited and specified And this the said Henry is ready to aver Wherefore he demands Judgement if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the Manors aforesaid with their Appurtenances so as before is said made ought to be revoked or annulled or the said Manors with the Appurtenances to be seized into the Hands of the said Lord the King that now is c. And the aforesaid John Hele and VVarwick Hele by their Attorny aforesaid By Protestation That there is not any Record of any such Act of Parliament of the said 11th yeer of Edward late King of England the 3d. nor that there is any such Record of the aforesaid Charter by the foresaid late King Edwâ—rd the 3d. by Authority of Parliament aforesaid as in the said of Writ Scire Facias is mentioned For Plea they say That neither the aforesaid Letters Patents of the aforesaid Lady Elizabeth of the aforesaid Manors of VVest Taunton Trelowia and Landalph with the Appurtenances in form aforesaid made ought to be revoked or annulled or the Manors aforesaid with the Appurtenances be seized into the Hands of the Lord the King thâ—t now is or any of them ought to be seized c. Because they say That the aforesaid late Lady Queen Elizabeth before the making of the Letters Patents aforesaid to the aforesaid Gellio Merick and Henry Lâ—ndley was seized in her demesn as of Fee in the Right of her Crown of England of the aforesaid Manors of VVest Taunton Trelowia and Landalph with the Appurtenances in the aforesaid Writ of Scire Facias mentioned and expressed and so thereof being seized The said late Queen Elizabeth by her Letters Patents under the great Seal of England sealed bearing date at Westminster in the yeer of her Reign the 37th and here in Court brought In consideration of the good true faithful and acceptable Service to the aforesaid Lady the Queen by her then well-beloved and faithful Cosen and Counsellor Robert late Earl of Essex of the most Noble Order of the Garter Knight and Master of her Horse before that many times done and performed as for other good causes and considerations the said late Lady the Queen then specially moving As also at the humble request of the said late Earl of Essex of her special grace certain knowledge and meer motion gave and granted the Manors aforesaid with their Appurtenances amongst other to the aforesaid Gellio Merick and Henry Lindley then Esquires and afterwards Knights To have and to hold the said Manors with the Appurtenances to the aforesaid Gellio Merick and Henry Lindley their Heirs and Assigns forever And the aforesaid late Lady the Queen by the same her Letters Patents granted for her her Heirs and Successors That the aforesaid Gellio Merick and Henry Lindley their Heirs and Assigns should have and enjoy the aforesaid Manors with the Appurtenances according to the intent of the said late Queen in the said Letters Patents conteined And that the said Letters Patents should be firm valid good sufficient and effectual in Law against the said Lady the Queen her Heirs and Successors as well in all her Courts as elsewhere within the Kingdom of England without any manner of Confirmations Licenses or Tollerations of the said Lady the Queen her Heirs and Successors then forever by the aforesaid Gellio Merick and Henry Lindley or their Heirs or Assigns to be procured or obteined Notwithstanding the Statute in Parliament of the Lord Henry late King of England the 8th in the 37th yeer of his Reign made Concerning the Dutchy or Cornwall Honour of Newelm otherwise Ewelm as in and by the said Letters Patents
things to the said Castles Burroughs Towns Manors Stannaries and Coinage Lands and Tenements whatsoever and wheresoever belonging or appertaining of us our Heirs forever together with said 24. pound Farm which the aforesaid John de Mere to us yeerly for his whole Life is bound to pay for the said Castle and Manor of Mere granted to him by us to hold for the term of his Life to be taken yeerly by the Hands of the said John de Mere all his Life And also with the aforesaid 1000. Annual Marks to the aforesaid Earl of Salisbury of the profits of the Coinage aforesaid by us so granted after obteined by him or the Heirs Males of his Body begotten seisin of the aforesaid Manor of Tonbridge and Manor of Aldebourn Ambresbury Winterbourn Caneford Hengstreg and Charlton after the decease of the said Earl of Surrey and Johan And the said 200. Marks of Land and Rent of the said Earl of Salisbury and the said Heirs Males of his Body so provided for the like proportion of the said Castles Manors Lands and Tenements with the whole and particulars to the Hands of the said Earl of Salibury or the Heirs Males of his Body lawfully begotten should come as aforesaid And that the aforesaid Castle and Manor of Knaresburgh with its Hamblets and Members and the Honour of Knaresburgh And the Manor of Istelworth with the Appurtenances after the death of our aforesaid Consort The Castle and Manor of Lydeford with the Appurtenances and with the said Chase of Dertmore with the Appurtenances and the Manor of Bradnests with the Appurtenances after the decease of the aforesaid Margaret And the Castle and Manor of Mere with their Appurtenances after the death of the aforesaid John de Mere remain to the said Duke To have and to hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the same place in the Kingdom by Inheritance to succeeed together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other things to the said Castles Manors Honours howsoever and wheresoever belonging or appertaining of us likewise and our Heirs for ever aâ— before is said All which Castles Burroughs Towns Manors Honours Stannaries Coinage Farms of Exeter and Wallingford Lands Tenements as above are specified together with Knights Fees Advowsons and all other things abovesaid to the said Dutchy by this our present Charter for us and our Heirs we do annex and unite to the same to remain forever So as from the said Dutchy at no time hereafter they be severed nor to any person or persons then the Dukes of the same place by us or our Heirs they be given or in any wayes granted So that to the aforesaid Duke or other Dukes of the same place they descend And Son or Sons to whom the said Dutchy by colour of the aforesaid our Grants it behoves to belong then not appearing The same Dutchy with the Castles Burroughs Towns and all other things aforesaid to us and our Heirs Kings of England shall revert in our Hands and in the Hands of our Heirs to be kept until such Son or Sons in the said Kingdom of England hereditable successively appear as is said to whom successively the said Dutchy with the Appurtenances for us and our Heirs we grant and will to be delivered to be holden as above is expressed And that the said Duke and his Heirs Eldest Sons Dukes of the said place for ever have Free Warren in all the Demesns of the Lands aforesaid whilest yet the same Lands are not within the Bounds of our Forrests So as none enter into those Lands to hunt in them or to take any thing which to Warren belongeth without the License and Will of the said Duke and the other Dukes of the said place upon payn of forfeiture 10. pound as before is said These being Witnesses The most Reverend Fathers John Archbishop of Canterbury Primate of all England our Chancellor Henry Bishop of Lincoln Richard Bishop of Durham John de Warren Earl of Surrey John de Betto Campo Earl of Warwick Thomas Wake of Lydel John de Mowbray John Darcy of Neuen Steward of our House and others Given by our Hand at Westminster the 17th day of March in the yeer of our Reign the 11th By the King himself and the whole Council in Parliament But we The Tenor of the Charter Record and Act of Parliament aforesaid at the Request of the well-Beloved and Faithful Thomas Stephens Esquire Attorny General of our well-Beloved and most dear Son our Eldest Son Henry Prince and Duke of Cornwall caused to be Exemplified by these presents In Witnesse whereof we made these our Letters Patents Witnesse my self at Westminster the 5th day of March in the yeer of our Reign of England France and Ireland the Third and of Scotland the 39th as by the said Letters Patents of Exemplification aforesaid here in Court brought more fully appeareth And the said Henry Hobert Attorny General of the said Lord the King that now is for the said Lord the King that now is saith and will aver That the aforesaid Act of Parliament aforesaid of the aforesaid late King Edward the 3d. made and the aforesaid Charter by the aforesaid late King Edward the 3d. by authority aforesaid of the Parliament of the same late K. Ed. the 3d. made And the aforesaid Charter by the aforesaid late K. Ed. the 3d. by Authority of Parliament aforesaid made whereof is the Inrolment aforesaid in the aforesaid Exemplification of the Inrollment aforesaid as before is said is made mention are one and the same and not other nor divers Whereupon the said Attorny General of the said Lord the King if that now is for the said Lord the King here demandeth Judgement If the aforesaid Henry Lindley to say that there is not any such Record of such Act of Parliament aforesaid of the aforesaid late King Edward the 3d. Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid in the Writ aforesaid of Scire Facias specified against the said Letters Patents of Exemplification aforesaid here in Court by the said Attorny of the aforesaid Lord the King that now is for the said Lord the King now shewed forth ought to be admitted And further the said Henry Hobert the Attorny General of the said Lord the King that now is for the said Lord the King prayeth that the said Letters Patents of the aforesaid late Queen Eliz. as unto the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances be revoked and annulled and that the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances into the Hands of the said Lord the King that now is to
be taken and seized And the aforesaid Henry Hobert Attorny General of the said Lord the King that now is who c. As to the said Plea of the aforesaid John Hele and Warwick Helc by them above in form aforesaid pleaded for the said Lord the King saith That that Plea and the matter therein conteined is not sufficient in Law to maintain That the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph ought not to be revoked and annulled or that the Manor aforesaid with the Appurtenances into the hands of the said Lord the King that now is ought not to be seized To which Plea in manner and form aforesaid pleaded The said Attorny General for the said Lord the King needeth not nor by the Law of the Land is bound to Answer And this he is ready to aver Wherefore for want of a sufficient Plea of the said John Hele and Warwick Hele in this behalf The said Attorny General for the said Lord the King demandeth Judgement and that the said Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled And the Manors aforesaid with the Appurtenances be taken and seized into the Hands of the Lord the King c. Upon which the aforesaid Henry Lindley saith That the Plea of the aforesaid Attorny General for the said Lord the King that now is to the Plea of the said Henry Lindley above by Replication pleaded and the matters therein conteined are not sufficient for him the said Henry Lindley to say That there is not any such Record of any such Act of parliament of the aforesaid late King Edward the 3d. made as in the aforesaid Writ of Scire Facias thereof is recited and specified Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid made as in the aforesaid Writ of Scire Facias thereof above is recited and specified to Bar And that the said Henry Lindley to that Plea in manner aforesaid by Replication pleaded needeth not nor by the Law of the Land is bound to rejoyn And this he is ready to aver Wherefore for want of a sufficient Replication in his behalf the said Henry Lindley as at first demandeth Judgement If the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made ought to be annulled or the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances or any of them ought to be taken seized into the hands of the Lord the King that now is And the aforesaid John Hele and Warwick Hele for themselves say that in as much as they sufficient matter in their plea aforesaid by them above pleaded have alleged that is to say the aforesaid seisin of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Tauuton Treloâ—ia and Landalph with the Appurtenances in her demesn as of Fee in the right of her Crown of England and the grant aforesaid by the aforesaid Letters Patents of the said late Queen and the rest of the Matters by them above pleaded which the aforesaid John Hele and Warwick are ready to aveâ— which matter the aforesaid Attorny General of the Lord the King that now is doth not deny nor to the same any waies answereth but the same averment to admit altogether refuseth as at first demand Judgment if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made ought to be revoked and annulled or the said Manors with the Appurtenances or any of them in the hands of the said Lord the King that now is ought to be taken or seised And farther for the better information and to more fully inform the said Lord the King that now is and the Court here of the State of the said Lord the King that now is to the aforesaid Dutchy of Cornwall and to other Manors to the said late Dutchy any maner of way belonging or annexed or part or parcel thereof The said John and Warwick say that in the Statute in Parliament of the Lord Henry late King of England the 7th held at Westminster in the County of Middlesex the 7th day of November in the first yeer of his Reign made amongst other things ordayned It was enacted and established by authority of Parliament that the said Lord King Henry the 7th should have hold enjoy and possess to him and his Heirs for ever from the 21th day of August then last past the aforesaid Dutchy of Cornwal and all and singular Honors Castles Lordships Manors Lands Tenements Rents Reversions Services Poffessions Advowsons and other Hereditaments with all and singular their members and appurtenances to the aforesaid Dutchy belonging and appertaining or which were belonging annexed reputed or taken parcel of the same any time of the Reigns of Henry the 6th Edward the 4th late Kings of England in as ample and large manner with all liberties Franchises and other things to the same belonging in like manner form and condition as the aforesaid Kings or either of them had held occupied used or enjoyed or had held occupied was used and enjoyed in the same in any time during the said Kings Reigns as in the Statute aforesaid in the yeer of the Reign of the aforesaid late King Henry the 7th the first abovesaid amongst other things it is more fully contained and appeareth By which the said King James now King was and yet is seised of the rest of the Manors Lands and Tenements to the aforesaid Dutchy of Cornwall belonging by the aforesaid late Queen Elizabeth not aliened in his demesn as of Fee in the Right of his Crown of England whereupon they pray that the Court here take knowledge and notice of the aforesaid Statute in the yeer of the Reign of the aforesaid late King Henry 7th the first abovesaid made and of the aforesaid Statu te of the said Lord the King that now is to the rest of the Manors Lands Tenements and Hereditaments to the aforesaid Dutchy of Cornwal belonging they would take and accept c. And the aforesaid Henry Hobert Attorny General of the aforesaid Lord the King that now is who c. as to that whereupon the aforesaid Henry Lindley above demurreth in Law in as much as he sufficient matter in Law for the said Lord the King to bar the aforesaid Henry Lindley from saying that there is not any such record of any such Act of Parliament of the aforesaid late King Edward the 3d. made nor any such Record of the aforesaid Charter by the said late King Edward the 3d. by authority of Parliament aforesaid made as in the aforesaid Writ of Scire Facias
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
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
THE DECLARATIONS AND OTHER PLEADINGS Contained in the eleven PARTS of THE REPORTS OF Sir EDWARD COKE Knight SOMETIME Lord Chief Justice of ENGLAND and one of his Majestes Council of ESTATE Rendred into English By W. HUGHES of Grayes-Inne Esquire For the benefit of all Students and Practizers of the Common Law With a Perfect TABLE of the Principal Matters thereunto Annexed LONDON Printed for W. Lee D. Pakeman and G. Bedell to be sold at their Shops in Fleet-street 1659. ACTIONS upon the CASE Easter Term Anno 43. in the Kings Bench Rott 569. 1 Lutterels Case Co. 4. part fol. 84. b. MEmorandum That at another time That is to say Somer ss in the Term of St. Michael last past before our Lady the Queen at Westminster came Edward Cottel Gent. by John Nightingale his Attorney and brought here in the Court of the said Lady the Queen then and there his Bill against George Lutterell Esq Robert Norcome and John Quick in the Custody of the Marshal c. of a Plea of Trespasse upon the Case And are Pledges of suit John Doo and Richaâ—d Roo which Bill followes in these Words ss Somerset ss Edward Cottell Gent. complaneth of George Lutterell Esq Robert Norcome and John Quick in the Custody of the Marshall of the Marshalsey of the said Lady the Queen before the Queen being for that viz. That whereas the said Edward the 4th day of May in the 41th year of the Reign of the said Lady Elizabeth now Queen of England and before he was seized of and in Two antient and ruinous Fulling Mills with the appurtenances in Dunster in the County aforesaid in his Demesn as of Fee To which Fulling Mills a great part of the Water of the River in Dunster aforesaid from a certain place called the Headwear of the said River in Dunster aforesaid the said 4th day of May the 41. year aforesaid did run and also before time out of memory of Men continually accustomed and used to run And whereas also the said 4th day of May in the 41. year aforesaid and before time out of the memory of Men for the preservation direction and continuing of the right course of the said great part of the Water of the River aforesaid to run to the Fulling Mills aforesaid A certain thick bank was made of Timber and Earth neer and above the Mills aforesaid on the West part of the Course of the said great part of the said Water of the River aforesaid and was neer adjoyning to a certain Street commonly called West-street in Dunster aforesaid And also whereas the said Edward of the aforesaid Fulling Mills with the appurtenances in the form aforesaid being seized Afterwards that is to say the 28th day of October in the 41. year of the said Lady the Queen that now is The said two Fulling Mills as before is said being ruinous did totally pull down and afterwards that is to say The 20th day of June in the year of the Reign of the said Lady the Queen that now is the 42. at Dunster aforesaid in the County aforesaid in the places of them and where the aforesaid Two Fulling Mills before were made and built upon the aforesaid great part of the said Water of the River aforesaid Two Corn Mills for the grinding of Corn newly had builded erected and perfected By reason whereof the said Edward then was seized and as yet is seized of the said two Corn Mills so as before is said new built erected and perfected in his Demesn as of Fee and the aforesaid great part of the Water of the River aforesaid in Dunster aforesaid from the the said place called the Headwear of the said River in Dunster aforesaid from the time of the new building erecting and perfecting of the aforesaid his Corn Mills untill the 10 th day of September then next following did run By pretence of which The said Edward after the building of the said Two Corn Mills until the said 10th day of September divers gains and profits of the said people of the Lady the Queen that now is for the grinding of their Corn at the said Corn Mills had gotten Yet the said George Robert and John not ignorant of the premises maliciously devising and intending the said â—dward un justly to molest and him altogether to hinder and deprive of the profits of the grinding of their Corn Mills aforesaid the said 10 th day of September in the 43. year aforesaid The said thick bank aforesaid did dig and break And the whole aforesaid great part of the aforesaid Water of the River aforesaid which to the aforesaid Corn Mills of the said Edward from the said place called the Headwear did run and ought and used to run from his antient and used course That is to say in the said Sreet commonly called the West-street in Dunster aforesaid did divert and withdraw wherby the said Edward of the grinding of the whole profit of their Corn Mills afore for a great time That is to say from the aforesaid 10 th day of September in the 42. year aforesaid until the bringing of this Bill viz. that is to say the 20 th day of November in the Reign of the said Lady the Queen that now is the 43. wholly lost to the damage of the said Edward 200 l. And therefore he brings his Sute And now at this day that is to say Wednesday next after 15. dayes of Easter this Term until which day the said George Robert and John had licence to imparl and then to answer c. before the said Lady the Queen at Westminster come as well the said Edward by his Attorney aforesaid as the said George Robert and John Quick by Stephen Brodrippe their Attorney and the said George Robert and John defend the force and injury when c. And say that they are thereof no wayes guilty And of this put themselves upon the Country And the said Edward likewise c. Wherefore a Jury was to come before the said Lady the Queen at Westminster upon Thursday in 15. dayes of the Holy Trinity and who neither c. And because as well c. The same day is given to the parties aforesaid here c. Afterwards process was continued between the parties aforesaid of the plea aforesaid by Juries thereof respited between them before the said Lady the Queen at Westminster until Fryday next after 8. dayes of St. Michael then next following Unless the Justiceâ— of the Lady the Queen assigned to take Assizes in the County aforesaid First upon Thursday the 6 th day of August at the Castle of Taunton in the County aforesaid by the form of the Statute c. shall come for default of Jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneyes aforesaid And the aforesaid Justices of the Assizes before whom c. sent hither their Record had before them in these words 1 ss Afterwards the day and place
within contained before William Periam Knt. Chief Baron of the Queens Exchequer and Edward Fennier one of the Justices of the said Lady the Queen of Pleas holden before the said Queen Assigned Justices of the said Lady the Queen Assigned to take Assizes in the said County of Somerset by the form of the Statute c. come as well the said David Cottell Gent. by Adrian Street his Attorney As the within written George Lutterell Rob. Norcome and John Quick by Henry Collier their Attorney And the Jury whereof mention is within made being likewise called came who being chosen tried and sworn to say the truth of the matter within conteined Say upon their Oathe That the said George Robert and John are guilty of the premises within put unto them As the said Edward Cottell within against them complaineth And they do assess the damages of the said Edward for the occasion within written besides Costs and Charges by him about his sute in his part expended set to 40. s. and for Charges and Costs of sute 10 5. s. Therefore it is granted That the said Edward shall recover against the said George Robert and John his damages aforesaid by the Jury in form aforesaid assessed As also 6. l. for his Costs to the said Edward by the Court of the Lady the Queen here with his assent of increase adjudged which damages in the whole do amount to 8. l. and 5. s. And the said George Robert and Iohn in mercy c. Hillary Term 38. Eliz. Anno 305. in the Kings Bench Slades Case Co. 4. part Fol. 91. a. MEmorandum At another time That is to say The Term of St. Michael Devon ss last past before the Lady the Queen at Westminster came John Slade by Nicholas VVeare his Attorney and brought there in the Court of the said Lady the Queen then there a certain Bill against Humphrey Morley in the Custody of the Marshal c. Of a Plea of Trespas upon the Case And are Pledges of sute John Doo and Richard Roo which Bill followeth in these Words ss Devon ss John Slade complaineth of Humphrey Morley in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas the said John the 10th day of November in the year of the Reign of the said Lady Elizabeth now Queen of England the 36th was possessed for the Term of divers years then and yet to come of and in one Close of Land with the appurtenances in Halberton in the County aforesaid called Rack Park containing by estimation 8. Acres and so hereof being possessed The said John afterwards That is to say the said 10th day of November in the 36th year aforesaid had sowed the said Close with Wheat and Rye which Wheat and Rye in the Close aforesaid by the said John so as before is said sowed afterwards That is to say the 8th day of May in the year of the Reign of the said Lady the Queen that now is the 37th were grown into ears The said Humphrey the aforesaid 8th day of May in the sayd 37. aforesaid The said Wheat and Rye in ears upon the Close aforesayd as before is said then growing at Halberton aforesaid in consideration that the said John then and there at the special instance and request of the said Humphry had bargained and sold unto the said Humphry to the use and behoof of the said Humphry All the eares of Wheat and Coâ—n which then did grow upon the said Close called the Rack Park the Tithes thereof to the Rector of the Church of Halberton aforesaid due only excepted did assume and then and there faithfully promised That he the said Humphry sixteen pounds of lawful Mony of England to the aforesaid John in the Feast of St. John the Baptist then next following would well and truly content and pay Yet the said Humphery his assumption and promise aforesaid little regarding but endeavouring and intending the said John of the aforesaid 16. l. in that part subtilly and craftily to deceive and defraud the said 16. l. to the said John according to his assuming and promise hath not yet paid nor any way for the same contented him although the said Humphry thereunto afterwards That is to say the last day of September in the year of the Reign of the said Lady the Queen that now is the 37. aforesaid at Halberton aforesaid by the said John was oftentimes thereunto required but to pay him or content to pay him altogether refused and doth yet refuse Whereupon the said John saith he is the worse and hath damage to the value of 40. pounds and thereof he bringeth sute c. And now at this day That is to say Friday next after the 8. day of St. Hillary the self same Term until which day aforesaid the said Humphry had license to imparl to the Bill aforesaid and then to answer c. before the Lady the Queen at Westminster cometh well the said John by his Attorny aforesaid as the said Humphery by John Halstaff his Attorny and he the said Humphry doth defend the force and Injury when c. And saith That he did not take upon him in manner and form as the said John Slade hath complâ—ined against him And upon that putteth himself upon the Country and the said John Slade likewise c. Therefore a Jury was to come before the said Lady the Queen at Westminster upon Thursday next after 8. dayes of the Purification of the blessed Mary c. and who neither c. And because as well c. The same day is given to the parties aforesaid there c. Afterwards process was continued between the parties aforesaid of the Plea aforesaid by Juries thereof respited between them before the Lady the Queen at Westminster untill Wednesday next after the fifteenth day of Easter the next c. following Unless the Justices of the Lady the Queen to take Assises first upon Monday the second Week of Lent at the Castle at Exeter in the County aforesaid by the form of the Satute c. shall come for default of Jurors c. At which Wednesday before the Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attornies aforesaid And the before said Justices of Assizes before whom c. sent hither their Record before them had in these words ss Afterwards the day and place within mentioned before Thomas Walmesley one oâ— the Justices of the Queen oâ— the Common Pleas and Edward Fenner one of the Justice oâ— the said Lady and Queen assigned to hold plea before the Queen her sel Justices oâ— the said Lady the Queen assigned to take Assizes in the County a oâ—oesaid by form of the Statute c. come as well he was named John Slade by Thomas Clayton his Attorny as the within written Humphry Morley by Henry Collier his Attorny and the Jurors sworn whereof mention is within made likewise being
called came who to say the truth of the matters within contained being chosen tried and sworn say upon their Oath That the said Humphry Morley did buy of the said John Slade the within written Wheat and Rye in eares upon the within written Close as is said before growing being for 16. pound of good and lawful mony of England To be paid to the said Iohn Slade in the Feast of St. Iohn the Baptist then next following as in the Declaration within written is within specified And further The said Jurors say upon their Oath aforesaid That betwixt the said Iohn Slade and the said Humphry Morley There was no promise or taking upon him besides the bargain aforesaid But whether upon the whole matter aforesaid by the said Jurors in form aforesaid found The said Humphry Morley did take upon him in manner and form as in the Declaration within written within specified or no the said Jurors are altogether ignorant and thereof they ask the Advice and Consideration of the Court here c. And if upon the whole matter aforesaid by the said Jurors in form aforesaid found It shall seem to the Justices of the Court here That the said Humphry Morley did take upon him in manner and form in the Declaration within specified Then the said Jurors say upon their Oath aforesaid That the aforesaid Humphry Morley did take upon him in manner and form as the aforesaid Iohn Slade within against him complaineth And then they do assesse the damages of the said Iohn Slade by occasion of not performance of his promise and taking upon him within written besides his charges and his costs by him in the sute aforesaid by him expended to Sixteen pounds And for those charges and costs by Twenty Shillings And if upon the whole matter by the said Jurors in form aforesaid found It shall seem to the said Justices and Court here That the said Humphry Morley did not take upon him in manner and form in the Declaration within specified Then the said Jurors say upon their Oath That the said Humphry did not take upon him in manner and form as the said Humphry hath within alleged And because the Court of the Lady the Queen here of their judgement of and upon the premises to be given is not yet avised Day is given to the parties aforesaid in State as now it is before the Lady the Queen at Westminster until Monday next after 15. dayes of the Holy Trinity to hear their judgement of and upon the premises Because the Court of the Lady the Queen here thereof not yet c. And so from Term to Term untill Saturday next after 8. dayes of St. Michael to hear their judgement of and upon the premises Because the Court of the Lady the Queen here not yet c. At which day before the Lady the Queen at Westminster aforesaid came the parties aforesaid in their proper persons Upon which seen and by the Court of the Lady the Queen all and singular the premises fully understood and mature deliberation being thereupon had For that it seemeth to the Court of the said Lady the Queen now here That the said Humphry did take upon him in manner and form in the Declaration aforesaid above specified It is granted That the aforesaid John Slade shall recover against the said Humphry Morley his damages and costs aforesaid by the Jurors aforesaid in form aforesaid assessed As also Nine pounds for his charges and costs aforesaid to the said John Slade by the Court of the said Lady the Queen here by his assènt of encease adjudged which damages in the whole do amount to Twenty and six pounds And the said Humphry Morley in mercy c. Hillary Term. 8. Jacobi Rott 1112. William Banes Case C. 9. part fol. 91. a. Mâ—morandum That at another time that is to say In the Term of St. Michael last past before the King at Westminster cometh William Banes by Thomas Ferrer his Attorny and brought here in the Court before the said Lord the King that now is his Bill against Edward Paine and Mary his Wife in the Custody of the Marshal of a Plea of Trespass upon the Case And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Willam Banes complaineth of Edward Paine and Mary his Wife in the Custody of the Marshall of the Marshalsey of the Lord the King before the King himself being for that is to say That whereas one William Havert in his life time the late Husband of the aforesaid Mary That is to say the first day of March in the year of the Reign of the Lord James that now is King of England the 6th at London that is to say in the Parish of the blessed Mary of Bow in the Ward of Cheap London was indebted to the said William Banes in 77. pounds of lawful Money of England for divers summs of Mony to him the said William Havert by the aforesaid William Banes give to loan and lent And so being endebted the said William Havert afterwards that is to say the 6th day of April in the year of the Reign of the Lord the King that now is of England the 7th at London in the Parish and Ward aforesaid lying sick earnestly required the said Mary then his Wife to pay to the said William Banes after the death of the said William Havert the said 77. pounds And then and there the said William Havert made his Testament and last Will and made and constituted the said Mary Executrix of his said last Will then there dyed After whose death the said Mary took opon her the burthen of Execution of the Testament aforesaid And whereas the aforesaid Mary after the death of the said William Havert by colour of the last Will aforesaid was possessed of the interest of a Term for divers years then and yet to come Of and in certain Gardens and a Bowling-Ally scituate and being in Morefield that is to say in the Parish of St. Leonard in Shordich in the County of Midd. And the said Mary when she was single perceiving that the aforesaid William Banes intented to trouble and sue the said Mary for the aforesaid 77. pounds because that the said Mary the said 77. pounds to the said William Banes after the death of the aâ—oresaid William Havert her Husband deceased had not paid the said Mary whilest she was single afterwards that is to say 25th day of June in the year of the Reign of the said Lord the King that now is of Engl. the 7th aforesaid At London aforesaid in the Parish and Ward aforesaid In consideration that the said William Banes at the instance and especial request of the said Mary should not trouble or sue the said Mary for the said 77. pounds but would forbear the payment thereof until the next Quarter that is to say until the Feast of St. Michael the Archangel then next following Promised unto the said
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
Prior and Covent of Cheitwood 40 shillings to the Prior and Covent of Snelsale 20 shillings to every order of the 4 orders of Fryars Mendicants in the Town of Northampton 20 shilling to every order of â—he 4 orders of Fryars Medicants in the Town of Oxford 20 shillings to the Covent and Fryars Minors of Aplebury 20 shillings to every order of the 5 orders of Fryars in the City of London 20 shillings Also I bequeath to the Brother of Iohn Vpton 100 shillings that he for my Soul celebrate for one whole year next after my death and I will that all the religious men aforesaid by my Executors or their Deputies be charged that they especially pray for my soul Item I give and bequeath to Iohn Barton the younger my Brother all my Tenements together with all the Tenements which late were Roger Plirets which I purchased with the Rents and Services together with the Reversion and all their appurtenances in the Town of Buckingham in the County of Buckingham to have and to hold all the Tenements aforesaid with their appurtenances to the aforesaid Iohn my Brother for the Term of his life upon the Conditions following that is to say that the said Iohn my Brother during his life find one fit Chaplein and honest to celebrate for my Soul and the Souls of my Father Mother Brothers Sisters Benefactors and my friends and of all the faithfull deceased at the Altar of Saint James in the aforesaid Church of the blessed Peter dayly and I will and ordain that the aforesaid Chaplein all Festival dayes be present at Matines and Vespers in the quire of the Church aforesaid and I will that the said Chaplein every day within the Church aforesaid the Mattines of Saint Mary and after the Matines of the day with certain howers Canonical and these to be ended every day the said Chaplein before he goeth to Mass read a part of the Psalter of David so alwayes that from the said Chaplein every week be said one whole Psalter of David and afterwards dayly when he is not troubled with sickness that he go to Mass which Mass ended before he go from the Altar he read the Psalm de profundis with the prayer festina and dayly after dinner as it shall seem best to him that the said Chaplein say in the said Church of the blessed Peter a Placebo and Dirige with 9 Readings time of Easter excepted which time of Easter he say Officium mortuorum with 3 Readings according to the use of Salisbury and following every day of the same time of Easter the Psalter of the blessed Mary the Virgin and that afterwards follow the commendations of Souls with the prayer Tibi Domine commendamus after that he say vesperas de die and afore the vespers of Saint Mary and that the said Chaplein if not hindred with sickness every day that he shall in the default of saying Mass in the said Church of Saint Peter that he give to one of the poor of the Town of Buckingham aforesaid 1. penny I will also that the said Chaplein make his aboad alwayes there yet that the said Chaplein every year have recreation by the space of 15 dayes so alwayes as the said Chaplein supply his turns by another Chaplein or every day of the said 15 dayes do give to one of the poor of Town of Buckingham a penny And I will that the aforesaid John my Brother yearly during his life pay to the said Chaplein in the aforesaid Church of Saint Peter for his mayntenance and his pains as before is said done and to be done 10 Marks of Lawfull mony of England out of the issues and profits of the Tenements aforesaid so alwaies that the said Chaplein of the said sum of 10 Marks for his sallery or stipend reputed himself contented from no other any stipend to be received or taken And I the said John Barton the Elder will and ordain in the Testament aforesaid that the said Chaplein and his successors to the office and service aforesaid be chosen ordained preferred admitted and received by the Master and Brethren of the house or Church of Saint Thomas the Martyr of Canterbury called of Acon London aforesaid and his successors for ever and if they do not behave themselves well and honestly or if they shall neglect or refuse to do or perform the charges aforesaid by the said Masters and Brethren and their successors or by their sufficient deputies from the said office or service they be removed and expelled and another fit Chaplein in the place of the said Chaplein for his faults removed expelled or by death failing or otherwise howsoever from the said office or service ceasing or departing by the aforesaid Masters and Brethren of the house or Church of Saint Thomas aforesaid and his successors be chosen ordained preferred admitted and received so as the Lord Bishop of Lincoln who for time shall be or the Arch-Deacon of the place or the Prebendary of the Prebend of Buckingham or other in their name upon the Election Ordination Preferring Admission and remotion or amoving of the said Chaplein no jurisdiction or power have or claym hereafter in any manner therefore let the said Master and Brethren and their successors take care upon the peril of their souls and as they will answer the same before the most high Judge that neither for Favour Love Prayer or Price they ordain any Chaplein into the aforesaid office or service admit or receive but an honest and an approved person as much as his conversation can appear to them and that the aforesaid Chaplein to the said office and service to be admitted in his first admission the aforesaid Master and Brethren of the house and Church of Saint Thomas aforesaid and their successors take his corporal Oath upon the holy Gospel all and singular the charges aforesaid without fraud or deceit or any dispensation upon them to the contrary notwithstanding in the manner and form aforesaid above declared will and faithfully to be done and performed as much as humane frailty will admit and that every Chaplein to the said office or service to be admitted in his first admission finde and make to the Masters and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury said of Acon London aforesaid for the time being sufficient security for the Ornaments of the said Altâ—r of Saint James belonging safely and securely to keep and in their resigning and ceasing to render back and deliver And moreover that the said John my Brother during his life finde in the Town aforesaid 6 poor men or women to pray for my soul and the souls aforesaid every day forever and that he give every week during hâ—s life to every one of the same poor 4 pence and also to every one of â—hem their dwelling as by the will of God for them I have appointed and ordained and also that the said John my Brother all his life finde one
the 18th day of June in the year of the Reign of the said Lady the Queen that now is the 33 th aforesaid at Buck. aforesaid if by the Law of England this they could do enâ—eoffed the aforesaid John Lambert of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances To have and to hold unto the said John Lambert his Heirs and Assigns for ever By colour of which the said John Lambert after and before the aforesaid time in which c. that is to say the said 18 th day of June in the year 33 th aforesaid into the Messuage and 6. Acres of pasture aforesaid parcel c. with the appurtenances entred and was and yet is thereof seised in his demesn as of Fee if the Law thereof requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Lady the Queen that now is as before is said seised in her demesn as of Fee in the right of her Crown of England of and in the aforesaid Messuage and 6. Acres of pasture parcel c. if the Law of England this requireth after and before the time in which c. that is to say the 27 th day of May in the year of her Reign the 34th The said Lady the Queen that now is By her Letters Patents under the Great Seal of England sealed to the Jurors aforesaid in Evidence shewed whose date is at Westminster the same day and year in Consideration of the good true faithful and acceptable Service to the said Lady the Queen that now is before that time by her wel-beloved Cosin Thomas Earl of Ormond and Osory done as for divers other causes and considerations the aforesaid Lady the Queen that now is then specially moving as also at the humble Petition c. of the said Earl of her special grace certain knowledge and meer motion Gave and granted for her her Heirs and Successors to her beloved Subjects Edmond Downing and Roger Rant Gent. the Messuage aforesaid and the aâ—oresaid 6. Acres of pasture with the appurtenances in which c. amongst other By the name of all that her late Chauntry called Bartons Chauntry situate and being in the Parish of St Peter in the Town of Buckingham and all Lands Tenements Rents and Hereditaments whatsoever with their appurtenances whatsoever situate lying and being in the said Town of Buck in the aforesaid County of Buck to the said late Chauntry called Bartons Chauntry belonging or apperteining or to the maintenance of a Chaplain or Priest and other uses superstitious in the Church of Saint Peter aforesaid according to the Ordination of John Barton the Elder before then given bequeathed lye limited or appointed To have hold and enjoy to the said Edmond Downing and Roger Raut their Heirs and Assigns to the only and proper behoof and use of the said Edmond and Roger their Heirs and Assigns for ever Yielding and paying to the said Lady the Queen that now is her Heirs and Successors yearly for ever 13. pound and 12. pence of lawful Money of England to the hands of the Receiver general of the County aforesaid for the time being or at the Receipt of the Exchequer of the said Lady the Queen her Heirs and Successors at the Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions every year to be paid for all Rents exactions services demands whatsoever for the same to the said Lady the Queen and her Successors any wayes to be rendred payed or done And the said Lady the Queen that now is by her said Letters Patents for her her Heirs and Successors granted unto the said Edmond Downing and Roger Rant that the said her Letters Patents or the Enrolment of them should be of force form sufficient and effectuall in the Law against the said Lady the Queen that now is her Heirs and Successors as well in all Courts as elsewhere within her Realm of England without any confirmations licences or tollerations by the aforesaid Lady the Queen that now is her Heirs or Successors in after by the said Edmond and Roger their Heirs or Assigns or by any of them to be procured or obteined Notwithstanding the ill naming or ill reciting or non-reciting the aforesaid several Mannors Rectories Messuages Lands Tenements and other all and singular premises or any parcel thereof And no withstanding the not finding of Office and Inquisition of the premises or of any parcel thereof by which the title of the said Lady the Queen that now is ought to be found before the making of her Letters Patents aforesaid and notwithstanding the not reciting or ill reciting of any demise or grant of the premises or of any parcel thereof before then made being of Record or not of Record And notwithstanding any defects of the certain composition or Declaration of the yearly value of the premises or not Declaration of the yearly value of the premises or any part thereof in the said Letters Patents expressed and conteined and notwithstanding other defects in not naming or ill naming any Tenant Farmor or occupier of the Lands Tenements or Hereditaments aforesaid or any part thereof or not rightly naming any Town Hamlet Parish or County in which the premises or any parcel thereof be and also in not naming the premises or any parcel thereof in nature kinde or quality by colour of which said Letters Patents the aforesaid Edmond Downing and Roger Rant were of the aforesaid Messuages and 6 Acres of Land parcel c. with their appurtenances amongst other seised in their demesn as of Fee if the Law this requireth and so thereof being seised if the Law of England this requireth and the aforesaid John Lambert continuing his possessions thereof and as before is said being seised if the Law of England this requireth the said Edmond Downing and Roger Rant by their certain Indenture made the 28 day of July in the year of the said Lady the Queen that now is the 34 aforesaid Between the aforesaid Edmond Downing and Roger Rant of the one part and one Robert Snelling of East-Horsly in the County of Surrey Gentleman and Thomas butler of Grays Inn in the County of Middlesex Gentleman of the other part for a certain summ of good and lawfull mony of England to them before hand by the aforesaid Robert Snelling and Thomas Butler well and truely paid gave granted sold bargayned and confirmed to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns for ever the Messuage aforesaid and the aforesaid 6. Acres of Pasture parcel c. with the appurtenances amongst other to have and to hold to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns â—or ever as by the Indenture aforesaid inrolled in the close roll of the Chancery of the said Lady the Queen that now is the 10. day of December in the year of the Reign of the said Lady the Queen that
now is the 35 to the Jurors aforesaid in evidence shewed amongst other things it more fully appeareth By colour of which said Indenture and the inrolment thereof the aforesaid Robert Snelling and Thomas Butler were of the aforesaid Messuage and of the aforesaid 6 Acres of Pasture parcel c. with the appurtenances in which c. amongst other seised in their demesn as of Fee if the Law of England in this case requireth it and the aforesaid Robert Snelling and Thomas Butler so thereof being seised if the Law of England this requireth after and before the time in which c. that is to say the 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36. aforesaid into the aforesaid Messuage and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances entred and was thereof seised in their demesn as of Fee if the Law of England requireth and so thereof seised the aforesaid John Lambert continuing his possession aforesaid if the Law of England this requireth the said Robert Snelling and Thomas Butler the aforesaid 23 day of May at the said Town of Buckingham demised and to Farm let the Messuage aforesaid and the aforesaid 6 Acres of of Pasture parcel c. with the appurtenances amongst other to the aforesaid Theophilus Adams to have to the said Theophilas Adams his executors and assigns from the aforesaid 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36 aforesaid until the end and Term aforesaid of 10 years fully to be compleat and ended By virtue of which the said Theophilus Adams into the Messuage aforesaid and into the aforesaid 6 Acres of pasture parcel c. with their appurtenances amongst other things afterwards that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 entred and was thereof possessed if the Law in this case requireth upon whose possession of the said Theophilus thereof the aforesaid John Lambert afterwards that is to say the same 16 day of April in the 39 year aforesaid into the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances entred and the same Theophilus Adams from his Farm aforesaid thereof his Term aforesaid thereof not yet ended ejected expelled and amoved and him the said Theophilus from his possession thereof held out and yet holdeth out as the said Theophilus before against him declared But whether upon the whole matter aforesaid found in form aforesaid It shall seem to the Court here that the aforesaid John Lambert is guilty of the trespass and ejectment of the said Theophilus Adams of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture c. with the appurtenances or not the Jurors aforesaid are utterly ignorant of and thereof they pray the advice of the Court here c. and if upon the said whole matter in form aforesaid found it shall seem to the Court here that the aforesaid John Lambert is guilty of the Ejectment and Trespass to the said Theophilus of the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. w th the appurtenances then the said Jurors say upon their Oath aforesaid that the aforesaid John Lambert is guilty of the Trespass and Ejectment thereof as the aforesaid Theophilus above against him thereof complaineth and then they assess the damages of the same Thophilus by the occasion of the Trespass and Ejectment besides his charges and Costs by him about his sute in his behalf put unto to 12 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid in form aforesaid â—ound It shall seem to the Court here That the aforesaid John Lambert is not guilty of the Ejectment and Trespass aforesaid of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances then the aforesaid Jurors say upon their Oath aforesaid That the aforesaid John Lambert is not thereof guilty as the said John for himself above in pleading hath alleged and farther the said Jurors say upon their Oath aforesaid that the aforesaid John Lambert in nothing is guilty of the Trespass and Ejectment aforesaid in 4 Acres of Pasture of the said 10 Acres of Pasture residue above supposed to be done as the said John Lambert above in pleading hath alleged c. and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised Day is given to the parties aforesaid before the said Lady the Queen at Westminster until Friday next after the morrow of the Holy Trinity to hear their Judgement of and upon the premises because that the Court of the said Lady the Queen here are not yet c. And so from Term to Term untill Tuesday next after the morrow of All Souls to hear their Judgement of and upon the premises because the Court of the said Lady the Queen are not yet c. At which day before the said Lady the Queen at Westminster come the parties aforesaid in their proper persons upon which seen and by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation thereupon had for that it seemeth to the Court of the said Lady the Queen here that the aforesaid John Lambert is guilty of the Trespass and Ejectment of the said Theophilus Adams of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances therefore it is considered that the aforesaid Theophilus Adams shall recover against the aforesaid John Lambert his Term aforesaid yet to come of and in the aforesaid Messuage and the aforesaid 6 Acres of Pasture the aforesaid 10 Acres of Pasture parcel with the appurtenances and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also 25 pound for his charges and costs aforesaid to the said Theophilus Adams by the Court of the said Lady the Queen here with his assent of increase adjuged which said damages in the whole do amount to 25 pound 2 shillings and the said John Lambert be taken c. and likewise the aforesaid Theophilas Adams in mercy for his false clamor against the aforesaid John Lambert for the rest of the Trespass and Ejectment aforesaid whereof the said John Lambert is acquitted therefore the said John Lambert as to the rest of the said Trespass and Ejectment go thereof without day c. Ejectione Firme Mich. 10. of King James It begun Easter Term 1 of King James Rott 1639 in the Common pleas Arthur Legats Case C. 10. part fol. 109. a. Norff. EDward Cockel late of Wimondham in the County aforesaid Husbandman was attached to answer to Arthur Legat Gent. of a plea wherefore with force and Arms 6 Acres of Pasture and
examined strictly by the said Supervisors according to the form devised by the said Elects and also by the said Supervisors approved as by the said Act amongst other things more fully appeareth And the said Henry George Thomas Moundford John Argent John Taylor and William further say That afterwards and before the time in which c. By another Act of Parliament of the Lady Mary the Queen of England the 24th day of October in the year of the Reign the first at Westminster aforesaid That whereas in the Parliament holden at London the 5th day of April in the yeer of the Reign of the Lord Henry late King of England the 8th the 14th and from thence adjourned unto VVestminster the last day of June in the yeer of his Reign the 15th and there holden It was Enacted That a certain grant by Letters Patents of Incorporation made and granted by the aforesaid late King to the Physicians of London and all clauses and Articles contained in the said grant should be approved granted ratified and confirmed by the said Parliament In consideration whereof It was Enacted by the Authority of the same Parliament That the aforesaid Statute and Act of Parliament in all the Articles and clauses in the same contained from thenceforth for ever should stand and continue in full strength force and effect any Statute Law Custom or any thing made had or used to the Contrary in any thing notwithstanding And for the better Reformation of divers enormities happening to the Commonwealth by the evill usage and undue administration of Physick and for the amplifying and inlarging of the last Articles for the better execution of the things in the aforesaid grants conteined it was further Enacted That whensoever the President of the College or Comminalty of the faculty of Physick in London for the time being or such as the aforesaid President and College yearly according to the Tenor and meaning of the same Act should authorize to search examine and correct and punish all offenders and transgressors in the aforesaid faculty within the same City and precinct in the aforesaid Act expressed should send or commit such offender or offenders for his or their offences or disobedience contrary to any Article or Clause conteined in the aforesaid grant or Act to any Ward Gaol or Prison within the aforesaid City and precinct aforesaid the Tower of London excepted that then and from time to time the Warders Gaolers and Keepers of the Wards Gaols and Prisons within the City or precinct aforesaid the Tower of London excepted should receive into his or their Prisons all and every such person or persons so offending which should be sent or committed to him or them as aforesaid and there safely should keep the person or persons so committed into any of their Prisons at the proper costs and charges of the person or persons so committed without Bail or main prise until such offender offenders or disobedients be discharged of the aforesaid imprisonment by the aforesaid President and such persons as by the aforesaid College should be authorized upon pain that every such Warder Gaoler or Keeper doint the contrary should lose and forfeit double of such fine and amercement as such offender or offenders or disobedients should be assessed to pay by such as the said President and College as should be authorized as before is said so as the said Fine and Amercement should not be at any time above the sum of 20 pound the moiety whereof to be imployed to the use of the said late Queen her Heirs and Successors and the other moiety to the aforesaid President and College all which forfeiture should be recovered by Action of debt Bill Plaint or Information in any of the said late Queens her heirs or successors Courts of Record against any such Warden Gaoler or Keeper so offending in which no Essoin wager of Law nor Protection should be allowed nor be admitted for the defendant And further it was Enacted by the authority of the said Parliament That all Justices Mayors Sheriffs Bayliffs Constables and other Ministers and Officers within the City and precinct aforesaid upon request to them made should help aid and assist the President of the aforesaid College and all persons by them from time to time authorized for the due execution of the said Act or Statute upon pain for not giving of help to them of being in cōtempt of the said late Queen her Heirs and Successors as by the same Act amongst other things more fully appeareth And the said Henry George Thomas Moundford John Argent John Taylor and William further say That by virtue of the said Letters Patents and by force of the Statutes aforesaid One Thomas Langhton Doctor of Physick a man diligent and skilful in the faculty of Physick and then one of the Comminalty of the College of Physitions in London aforesaid before the time in which c. that is to say the 30 th day of September in the year 1605. at the College of Physicians situate in London in the Parish of Saint Bennet-Pauls-Wharf in the Ward of Baynards Castle was duly chosen President of the College aforesaid and then and there held the said Office of President of the College aforesaid And the said Thomas Langton being President of the College aforesaid The same President and Cōminalty of the College aforesaid the same 30th day of September in the yeer 1606 abovesaid at the College aforesaid chose Ralph Wilkinson William Du◠Richard Palmer and John Argent diligent men and skilful in the faculty of Physick and then being 4. Doctors of the College aforesaid to be the 4. Censors or Governours of the Comminalty aforesaid to oversee teach correct and govern all and singular Physicians of the said City using the faculty of Physick in the said City and other forein Physicians whomsoever frequenting to and using the said faculty of Physick any wayes within the said City the Suburbs thereof or within 7. Miles in circuit of the same City and to punish their defects in not well exercising doing and using the same As also to oversee and search all manner of Medicines and their Receipts by the said Physicians or any of them for curing of infirmities as often as need should be And to punish the said Physicians Delinquents exercising the said faculty of Physick by Fines Amercements and Imprisonment of their Bodies and other wayes reasonable and fitting according to the form and effect of the said Letters Patents and the Statutes aforesaid And the said Thomas Langton being President of the College aforesaid and the aforesaid Ralph Wilkinson William Dun Richard Palmer and John Argent being likewise the 4. Censors or Governours of the College aforesaid The aforesaid Thomas Bonham within the aforesaid time in which c. That is to say the 10th day of Aprill in the yeer of our Lord 1606. within London aforesaid in the aforesaid Parish of the blessed Lady of Bow in the Ward of Cheap aforesaid
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
Tenements aforesaid with the appurtenances as the aforesaid Christopher Digges the Son and the said Edward Digges in their Declaration above have alleged For Plea say That the aforesaid Christopher Digges the Father in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances in his Demesn of Fee and so thereof being seized the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th at Owtelmeston aforesaid by a certain Indenture between him the said Christopher of the onâ— part And Henry Crispe of Tennet in the aforesaid County of Kent Knight John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood Gent. of the other part made and with the Seal of the said Christopher the Father sealed bearing date the same day and yeer Aswel in the consideration of a Mariage between the said Christopher the Father and Martha Sister of the aforesaid John and Richard Brook before that time had and solemnized as in the consideration of the sum of 200. pounds of good and lawful Mony of England before the solemnization of the Mariage aforesaid to the said Christopher the Father paid and also for the preferring and sure advancing of the aforesaid Thomas Digges then Son and Heir aparent of the said Thomas begotten As also for diverse other good causes and considerations the said Christopher the Father moving Covenanted Granted and Agreed to and with the aforesaid Henry Crisp John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood their Executors and Administrators in form following That aswell the said Christopher Digges the Father and his Heirs and every other person and persons their Heirs who then stood or were seized or that at any time then after should stand or should be seized of and in all and singular the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Christopher Digges the Father whatsoever with the Appurtenances situate lying and being in the aforesaid County of KENT from thence forward should stand and be seized of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of KENT with all and singular their Appurtenances to the onely uses and intents afterwards in the said Indentures mentioned and expressed and to no other use intent or purpose That is to say To the use of the said Christopher Digges the Father for the Term of his life And after the decease of the said Christopher the Father to the use of the said Thomas Son of the said Christopher the Father and the Heirs Males of the Body of the said Thomos lawfully begotten or to be begotten and for default of such issue to the use of the Heirs Males of the Body of the said Christopher the Father upon the Body of the said Martha lawfully to be begotten as by the said Indenture amongst other things it more fully appeareth By virtue whereof and by force of a certain Statute of tranferring of uses into possession in the Parliament of the late King HENRâ— the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The said Christopher Digges the Father was seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as of Free-hold for the Term of his life the Remainder thereof to the aforesaid Thomas in form aforesaid expectant And the said Christopher the Father being thereof so seized the Remainder thereof in form aforesaid expecting The said Christopher the Father at Owtelmeston aforesaid dyed of such his Estate thereof seized After whose Death The said Thomas Digges the Son into the Mannors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail that is to say to him and the Heirs Males of his Body begotten by virtue of the Indenture aforesaid and by force of the Statute aforesaid And so being seized of all and singular the Mannors and Tenements aforesaid The aforesaid 10th day of April in the yeer of the Reignof the said Lady the Queen that now is the 32th At Owtelmeston aforesaid of such his Estate dyed seized Thomas Posthumus Digges being Son and Heir of his Body within Age and in the Ward of the said Lady the Queen as by the said Inquisition it is found without that that the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as Fee as the aforesaid Christopher the Son and Edward in the Monstrans de droit aforesaid above have alleged And this they are ready to aver Whereupthey demand Judgment If the Hands of the said Lady the Queen from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the Mannor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Mannors Lands and Tenements whereof it is supposed that the said Christopher the Father dyed seized in 4. parts to be divided or of any part thereof ought to be amoved Or the aforesaid Christopher Digges the Son and Edward to the aforesaid purparts of the premises in the mean time aforesaid received ought to be restored And the aforesaid Christopher the Son and Edward as at first say That the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid in his Demesn as of Fee as in their Monstrans de droit aforesaid above they have alleged And this they are ready to aver And pray that it be inquired of by the Country And the aforesaid Thomas Palmer and Margaret likewise c. And therefore day is given to the parties aforesaid before the said Lady the Queen in 8. dayes of Saint Hillary wheresoever it should be to do and receive what shall be just in the premises And that it is commanded to the Sherif of KENT that he cause to come before the said Lady the Queen at that day 12. good and lawful men of the Neighbourhood of Barham Lenham Frensted Harrisham Sturrey Hackington and the Parish of Saint Stephens and of the Mannor of Netherhard in his Balywick whereof every one have 4. l. per Annum in Lands Tenements or Rents at the least by whom the truth of the matter might best be known And who neither c. To Recognize c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and Edward Digges by Thomas Westbie the Elder their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif of KENT retorned the names of the Jurors c. Whose names c. Whereof none c. Therefore it is commanded to the said Sherif of KENT that he have their Bodies afore the Lady the Queen in 8. dayes of the
Rent of 1. pound of Wax and 4. Capons with the appurtenances in Stow-market Newton Gipping and One House as also of the view of Frank Pledge and whatsoever to view of Frank Pledge doth appertain in Stow-market Newton Gipping and One House whereof a Plea of Covenant was summoned between them in the said Court that is to say That the aforesaid William John Agnes George and Elizabeth acknowledge the aforesaid Manor Tenements Rents and view of Frank Pledge with their appurtenances to be the right of him said Edmond as those which the said Edmond and Robert had of the gift of the aforesaid William John Agnes George and Elizabeth and them released and quit claim from them the said William Iohn Agnes George and Elizabeth and their Heirs to the aforesaid Edmond and Robert and to the Heirs of the said Robert for ever And besides the said William granted for him and his Heirs That they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the aforesaid Manor Tenements Rents and view of Frank Pledge against him the said William and his Heirs forever And further the said John and Agnes granted for them and the Heirs of him the said Iohn that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the Manor Tenements Rents and view of Frank Pledge with the appurtenances against him the said John Agnes and the Heirs of the said John for ever And moreover the said George and Elizabeth granted for them and the Heirs of him the said George that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond The Mannor Tenements Rents and view of Frank Pledge with the appurtenances against them the same George and Elizabeth and the Heirs of the said George forever Which Fine of the Manor Tenements Rents and view of Frank Pledge aforesaid with the appurtenances in form aforesaid levied was had and levied To the use of them the said John Gardiner and Agnes then his Wiâ—e for the Term of their lives and of the longest liver of them without impeachment of waste in any the Woods and Underwoods And aâ—ter the decease of the same John Gardiner and Agnes To the use of the aforesaid William Cary the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid â—ob Cary then Esq and now Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine And by â—orce of a certain Act of Parliament of the Lord Henry late King of England the 8th At Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th of transâ—erring of uses into possession The said John Gardiner and Agnes were seized of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them without impeachment of waste the aforesaid remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs of his Body lawâ—ully begotten the Remainder thereof for default of such issue To the aforesaid Robert Cary and the Heirs of his Body lawfully begotten And for default of such issue the Remainder thereof to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever And the aforesaid John Gardiner and Agnes his Wife so thereof being seized Another Fine was levied in the said Court of the said Lady the Queen that now is of the Bench here At Westminster aforesaid from the day of Easter 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 32th before Edmond Anderson Francis Windham William Periam and Thom. Walmâ—sley then Justices of the said Lady the Queen of the Bench here and other the said Lady the Queens faithful people then there present Between John Higham Knight and Thomas Turner Esquire By the names of John Higham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid William Cary and the aforesaid Martha then his Wife and the aforesaid John Gardiner and the aforesaid Agnes then his Wife Deforceants of the aforesaid Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances whereof c. By the name of the Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court that is to say That the aforesaid William Cary and Martha John Gardiner and Agnes acknowledged the aforesaid Manor with the appurtenances whereof c. To be the Right of the said John Higham as that which the said John Higham and Thomas and of the gift of the aforesaid William Cary and Martha Iohn Gardiner and Agnes and the same released and quit claimed for them the said William Cary and Martha Iohn Gardner and Agnes and their Heirs to the aforesaid John Higham and Thomas and the Heirs of the said John Higham for ever And further the said William Cary and Martha and Iohn Gardner and Agnes granted for them and the Heirs of the said William Cary that they would warrant to the aforesaid John Higham and Thomas and to the Heirs of the said Iohn Higham the aforesaid Manor with the appurtenances against all Men for ever And for the same Acknowledgement Release Quit claim Fine and Concord The said Iohn Higham and Thomas granted to the aforesaid Martha a certain Annuity or yeerly Rent of 40. pound of lawful Mony of England to be issuing out of the aforesaid Manor with the appurtenances and that to her rendred in the same Court of the said Lady the Queen To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound to the said Martha at the Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid Iohn Gardner and Agnes or any of them so long should live the first payment thereof to begin at that Feast of the Feasts aforesaid which next after the decease of the aforesaid William Cary should happen And if it should happen the aforesaid Annuity or yeerly Rent of 40. pound to be behind in part or in all after any of the Feasts of the Feasts aforesaid in which as before it ought to be paid and not paid That then it should be lawful to the said Martha all her life if the said Iohn Gardiner and Agnes or either of them should so long live into the aforesaid Manor with the appurtenances to enter and distrein and the distresses so there taken and had lawfully to lead away carry and drive and with them to
maintain Or them the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged to bar as the aforesaid William and John above have alleged Therefore it is granted that the aforesaid Agnes take nothing by her Writ aforesaid but be in mercy for her false claim And the aforesaid William and John go thereof without day c. And that they have retorn of the Cattel aforesaid to be holden to them irreplegiable for ever And how c. the Sheriff make it appear from the day of Easter 15. dayes c. And it is also granted That the said William and John ought to recover their damages by the occasion aforesaid against the aforesaid Agnes But because it is not known what damages the said VVilliam and John have sustained by that occasion It is commanded the Sheriff that by the Oaths of good and lawful men of the County aforesaid he diligently enquire what damages the said VVilliam and John have sustained aswel by occasion of the premises as their costs and charges by them about their Sute in this behalf expended And the Enquiry which c. They send here at the aforesaid Term under Seal c. and the Seals c. At which day here come the a-aforesaid VVilliam Bredon and John Bredon By their Attorny aforesaid And the Sheriff therof did nothing nor sent the Writ thereoâ— Therefore that an other Writ be made in form aforesaid retornable here from the day of Holy Trinity 15. dayes At which day here came the aforesaid VVilliam and John by their Attorny aforesaid And the Sheriff that is say Thomas Edon Esquire now sent That before the comming of the Writ aforesaid The Cattel aforesaid were esloyned out of his Balywick to places to him unknown By which the Cattel aforesaid to the said VVilliam and John he could not retorn as to him it was commanded Also the same Sheriff sent here a certain Inquision taken before him at Bury Saint Edmonds in the County aforesaid the 30th day of May last past by the Oaths of 12. men c. by virtue of the Writ aforesaid taken by which it is â—ound That the a-aforesaid VVilliam and John sustained damages by the occasion aforesaid above their costs and charge by them about their Sute in this behalf put unto 5. ponnd And for their costs and charges to 10. shillings Therefore it is commanded to the Sheriff That of the other Caâ—tel of the aforesaid Agnes to the value of the Cattel aforesaid first taken he take in Withernam and them to the aforesaid William and John without delay he do deliver to be deteined to them until the Cattel aforesaid first taken were retorned And how c. that he make it appear here in 8. dayes of St. Michael c. And also that the aforesaid Agnes be attached that she be here at the aforesaid Term to answer aswel to the Lady the Queen of her Contempt aforesaid as to the aforesaid VVilliam and John of the damages and injuries to them in this behalf offered c. And also it is granted That the aforesaid William and John recover against the aforesaid Agnes their damages aforesaid to 5. pound and 10. shillings by the Enquiry aforesaid in form aforesaid found as also 2â— pound 3. shillings and 4. pence to them the said William and John at their requests for their Costs and Charges by the Court here of Encrease adjudged which damages in the whole do amount to 26. pound 13. shillings and 4. pence Replevin Hillary Term Anno 35 Eliz. Rot. 498. in the KINGS-BENCH C. 1. part Ann Mayowes Case Fol. 141. Kent GEorge Mason and Francis Easterley were Attached by the Writ of the Lady the Queen of Second Deliverance to Answer to John Kettel of a Plea wherefore they took the Cattel of the said John and them unjustly deteined against Gages Pledges c. And whereupon the said Joh. Kettel by Edward Willan his Attorny complaineth That the aforesaid George and Francis the 18th day of June in the yeer of the Reign of the Lady Elizabeth now Queen of England the 33th at Sutton Atthone in the County aforesaid in a certain place there called Abrahams Land took Cattel that is to say 7. Cowes and One Bull of the said John and them un justly deteined against Gages and Pledges until c. Whereupon the said John Kettel saith that he is the worse and hath damage to the value of 30. pound and thereof bringeth sute c. And the aforesaid George Mason and Francis Easterley by Michael Low their Attorny come and deâ—end the force and injury when c. And justly c. Because they say That the aforesaid Plea in which it is supposed the taking of the Cattel aforesaid to have been done doth contein and at the time of the taking aforesaid above supposed to be done did contein in it self by Estimation 8. Acres of Pasture with the Appurtenances in Sutton Atthone aforesaid and that long before the aforesaid time in which c. One Dionisius Mayow Gentleman was of the aforesaid place in which c. amongst other seized in his demesn as of Fee and so thereof being seized The same Dionisius afterwards that is to say before the time of the taking aforesaid above supposed to be done that is to say The 30th day of May in the yeer of the Reign of the said â—ady the Queen that now is the 19th at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the Lady the Queen that now is brought bearing date the same day and yeer gave and granted to the aforesaid Ann by the name of Ann Maxey of Chigwell in the County of Essex One Annuity or yeerly Rent of 20. pound of lawful Mony of England to be issuing out of the aforesaid place in which c. Amongst other by the names of all Lands and Tenements of him the said Dionisius in Sutton Atthone aforesaid and in Willington in the aforesaid County of Kent To have and perceive the aforesaid Annuity or yeerly Rent aforesaid of 20. pound aforesaid to the aforesaid Ann and her Assignes for the time of the natural life of her the said Ann at the Feast of the blessed Lady Mary the Virgin St. Michael the Archangel by equal portions yeerly to be perceived And if it should happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said ought to be paid within 40. dayes after any Feast of the Feasts in part or in whole be behind and not paid that then it be lawful to the aforesaid Ann or her Assignes in the Tenements aforesaid with the Appurtenances to enter and distrein and the distresses there found or taken to carry away lead and drive and with her to keep until of the whole aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any should be to her she
should be fully satisfied and paid as by the said Writing amongst other things more fully appeareth By virtue of which Gift and Grant the said Ann was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And so thereof being seized The said Ann afterwards and before the time in which c. at Suâ—ton Atthone aforesaid took to Husband the aforesaid Dionisius And afterwards and before the time in which it is supposed the taking aforesaid of the Cattel aforesaid to be done that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th the aforesaid Dionisius at Sutton Atthone aforesaid dyed and the aforesaid Ann him over lived and was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by one whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th and within the space of 40. dayes then next following were not paid to the said Ann but were behind The said George Mason and Francis as Bayliffs of the said Ann do well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver Whereupon They demand Judgement and Retorn of the Cattel aforesaid together with their damages costs and charges by them about their Sute in this behalf put unto to be adjudged unto them c. And the aforesaid John Kettel saith That the aforesaid George Mason and Francis Easterly by any thing before alleged the taking of the Cattel aforesaid in the aforesaid place in which to be just ought not to acknowledge For he saith that long before the aforesaid time of taking of the aforesaid Cattel done and long before the grant of the aforesaid Annuity or yeerly Rent aforesaid of 40 pound And long before the said Dionisius Mayow had any thing of and in the aforesaid 8. Acres of Pasture with their Appurtenanes One Thomas Mayow was thereof seized in his demesn as of Fee And so being thereof seized The said Tho-Mayow before the time of the taking of the Cattel aforesaid long before the Grant of the aforesaid Annuity that is to say the 15. day of January in the yeer of the Reign of the Lady the Queen the 19th at Sutton Atthone aforesaid of the said 8. Acres of Pasture with the Appurtenances in which c. Enfeossed one Thomas Scot of Sutton Atthone aforesaid Gentleman and John Fremling of Dartford in the said County Baker amongst other things By the name of all those his Two Manors of Sawters and Sawley with the Barns Stables Dove-houses and all other the Houses and Buildings to the said Manors belonging Orchards Gardens with the Appurtenances situate lying and being in Sutton Atthone aforesaid then in the Tenure or Occupation of the said Thomas Mayow and also by the name of all other his Houses and Buildings Lands and Tenements Meadow Pasture Woods and Underwoods Rents and Reversions situate lying and being within the Towns Parishes and Fields of Sutton Atthone aforesaid Wilmington and Dartford or elsewhere in the aforesaid County of Kent as also the Reversion and Remainder of all and singular the premises Rents and yeerly profits reserved upon whatsoever Demises or Grants of the premises or any parcel thereof before then made To have and to hold the aforesaid Manors and other the premises with the Appurtenances whereof c. To the aforesaid Thomas Scot and John Fremling their Heirs and Assignes for ever to the only use and behoof of the aforesaid Dionise Mayow Son and Heir Apparent of the said Thomas Mayow his Heirs and Assignes for ever of the chief Lords of the Fee by the services thereof first due and of right accustomed upon the Conditions following That is to say That the aforesaid Dionise Mayow or his Heirs should pay or cause to paid to Petronill Martin of Mylton in the aforesaid County of Kent Widow the yeerly Rent of 10. pound for the Term of the life of her the said Petronill Which yeerly Rent of 10. pound the aforesaid Thomas Mayow to the aforesaid Petronill before had granted for and in consideration of a Mariage to be had and solemnized between the aforesaid Thomas Mayow and the aforesaid Petronill after the death of the aforesaid Thomas Mayow And upon Condition That if the aforesaid Thomas Mayow at any time during the natural life of the said Thomas should pay or cause to be paid to the aforesaid Thomas Scot and John Fremling or to either of them or to the Heirs of the longer liver of them 10. shillings of good and lawful Mony of England that then the Feoffment aforesaid should be void and of no force in Law And that then it should be lawful to the aforesaid Tho. Mayow into the aforesaid Two Manors and all the premises with the Appurtenances whereof c. to re-enter and the same to have again in his former Estate and Condition any Act Thing Cause or Matter whatsoever to the contrary thereof notwithstanding By virtue of which Feoâ—fment and by force of a certain Act in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th of transferring uses into possession The said Dionise Mayow was seized of the aforesad 8. Acres of Pasture with the Appurtenances in which in his demesn as of Fee upon the Conditions aforesaid And so thereof being seized The said Dionise before the aforesaid time of taking the Cattel aforesaid that is to say the 30th day of May in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid at Sutton Atthone aforesaid by his Writing â—ealâ—d with his Seal bearing date the same day and yeer Gave and Granted to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex the Annuity or yeerly Rent aforesaid of 20. pound to be issuing out of the aforesaid place in which c. amongst other in manner and form as the aforesaid George Mason and Francis Easterley above in their Conusance abovesaid have allâ—ged And the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the said Dionise and afterwards and before the time of the taking of the Cattel aforesaid that is to say the 30th day of January in the yeer of the Reign of the said Lady the Queen that now is the 24th The aforesaid Thomas Mayow at Sutton Atthone aforesaid payed to the aforesaid Thomas Scot and John
c. By virtue of which the aforesaid Gellio Merick and Lindley into the aforesaid Manors with their Appurtenances entred and were thereof seized in their demesn as of Fee and so thereof being seized By their Writing indented made between the aforesaid late Earl of Essex Gellio Merick and Henry Lindley of the one part and Augustine Steward and Michael Corsellis on the other part bearing date the 26th day of Decem. in the yeer of the Rign of the said late Lady Q. Elizabeth the 38th in the Court of Chancery of the aforesaid late Queen at VVestminster aforesaid within 6. Moneths then next following according to the form of the Statute thereof made and provided in due manner of Record inrolled as well in Consideration of the sum 3500. pounds to the aforesaid late Earl of Essex by the aforesaid Augustine Steward and Michael Corsellis paid as for 20. shillings to the said Gellio and Henry by the aforesaid Augustine and Nicholas likewise paid bargained and sold to the aforesaid Augustine and Michael the Manors aforesaid with the Appurtenances To have and to hold to the said Augustine and Michael their Heirs and Assigns for ever By virtue of which Bargain and Sale and Inrollment and by force of a certain Statute in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th Of transferring uses into possession at Westminster aforesaid holden made and provided the aforesaid Augustine and Michael were seized of the Manors aforesaid with the Appurtenances in his Demesn as of Fee And so thereof being seized The said Augustine and Michael in consideration of the sum of 3500. pound to the aforesaid Augustine and Michael by the aforesaid John Hele paid afterwards of the said Manors with the Appurtenances enfeoffed them the said John Hele then Serjant at Law and the aforesaid Warwick He le then Esquire now Knight To have and to hold to the said John and VVarwick and to the Heirs and Assigns of the aforesaid John to the sole and proper use and behoof of the aforesaid John and Warwick and the Heirs and Assignes of the said John Hele for ever By virtue of which Feoffment The aforesaid John Hele and Warwick Hele were and yet are seized of the aforesaid Manors with the Appurtenances that is to say The said John Hele in his Demesn as of Fee and the aforesaid Warwick in his Demesn as of Free hold for the term of his life And the aforesaid John Hele and Warwick Hele further say That afterwards in and by a certain Act of Parliament of the aforesaid late Queen at VVestminster aforesaid the 27th day of October in the yeer of the Reign of the said late Queen Elizabeth the 43th holden made amongst other reciting That whereas the said late Queen from the 8th day of February in the yeer of her Reign the 25th as well for diverse and great sums of Mony as for diverse other several considerations had bargained sold given and granted by diverse her Letters Patents Indentures or other Writings under the great Seal of England sealed or the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster as well to Bodies Politick and Corporate as to diverse and several other Subjects of the said Lady the Queen diverse and several Honors Manors Lands Tenements Rents Reversions Services and other Hereditaments in Fee Simple Fee Tail for Term of Life Lives or Yeers as by the said several Letters Patents Indentures and other Writings are mentioned and declared It was enacted by Authority of the same Parliament To the intent that the said Letters Patents Indentures and other Writings should be of good available and perfect force and effect to all and singular the said late Queens Subjects according to the true intent and effect of the same That as well all and singular Letters Patents Indentures and other Writings sealed under the great Seal of England or under the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster before then made and granted by the aforesaid late Queen for any sum or sums of Mony whatsoever or for or upon any other considerations whatsoever from the aforesaid 8th day of February in the 25th yeer aforesaid as all other Letters Patents then after by the said late Queen to be made for any sum or sums of Mony or other considerations before the last day of the said then present Session of the said Parliament And moreover All other Letters Patents within the space of one yeer then next following to be made by force or according to the true puport or true meaning of a Condition under the great Seal of England then in being for the Sale of the Land of the said late Queen to any Body Politick or Corporate or to any other person or persons whatsoever of any Honors Castles Manors Lordships Granaries Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Leases Courts Liberties Privileges Franchises or of any other Hereditaments with the Appurtenances or of any part or parcel thereof with or under the Great Seal of England or under the Great Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster of whatsoever Kind Nature or Quality they or any of them are or were reputed known or taken with the Appurtenances or any part or parcel thereof should be good perfect and effectual in Law and should stand be taken reputed esteemed and should be adjudged to be good certain perfect available and effectual in the Law against the said late Queen her Heirs and Successors according to the tenor and effect of the aforesaid Letters Patents and Indentures or other Writings and that the same should be expounded construed esteemed and should be adjudged most beneficially for those to whom the aforesaid Letters Patents and Grants thereof so are made the Heirs Assigns Executors Administrators of them according to the words and purport of the said Letters Patents Indentures or other Writings without any Confirmations Licenses or Tollerations of the said late Queen her Heiâ— or Successors any ill naming ill reciting or not reciting of the said Honors Castles Manors Lands Tenements or other the premises or of any part thereof or any defect in finding of Office or Inquisition of and in the premises or any part thereof by which the Title of the said late Lady the Queen of and in the premises ought to be found before the publishing of the aforesaid Letters Patents Indentures or other Writing or any ill reciting or not reciting of Demises thereof made as well of Record as not of Record or any ill reciting or not reciting or not true mentioning in any such Lettets Patents Grants or Writings of the Estate or Estates of the said late Queen of Freehold or Inheritance of and in the premises or any part thereof to which the
afore of new are added whose names in the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurrors so new added that is to say George Snell John Barnacott John Shate George Slade William Killard and Christopher Cheek being called likewise came who to say the truth of the within contained together with the other Jurors aforesaid first impanelled and sworn chosen tryed sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done one Joh. Arundell Esq was seized of the TenemeÌ„ts within written with their AppurtenaÌ„ces in which it is supposed the Trespass within written to be done in his demesn as of fee so therof being seized Afterwards before the within written time in which c. that is to say the third day of July in the year of the Reign of the Lord Henry late King of England the 8th the 30th Demised to one John Tooker and to the within named Will. Rud the Tenement within written with the Appurtenances in which c. amongst other things To have and to hold to the said John Tooker and William Rud for the term of their lives and the life of the longest liver of them the said John and William By vertue of which Demise the said John Tooker and William Rud were seized of the Tenements within written with the Appurtenances in which c. in their Demesn as of Freehold for the term of the lives of them the said John and William and the longest liver of them and so being thereof seized and the said John Arundel of the Reversion of the Tenements within written with the Appurtenances in which c. being seized the said John Arundel afterwards and within the time in which c. At Morthoe within written of such estate died seized after whose death the Reversion of the Tenements aforesaid with the Appurtenances in which c. amongst other things descended to one John Arundel Knight as Son and Heir of the aforesaid John Arundel By which the said John Arundel Knight was seized of the aforesaid Reversion of the Tenements within written with the Appurtenances in which c. in his Demesn as of Fee and so thereof being seized afterwards and before the within written time in which c. that is to say the 20th day of September in the year of the Reign of the said Lady the Queen that now is the 10th At Morthoe within written by his writing Indented one part of which sealed with the Seal of the said John Arundel Knight was shewed to the said Jurors in evidence whose date is the same day and year granâ—ed the Reversion of the Tenements within written with the Appurtenances in which c. amongst other things to the same Edward Tooker for the term of his life when after death surrender or forfeiture of the aforesaid John Tooker and William Rud it should happen as by the said Writing Indented amongst other things more fully appeareth To which grant of the Reversion of the Tenements within written with the Appurtenances in which c. amongst other things to the same Edward by the aforesaid John Arundel Knight in form aforesaid made the aforesaid John Tooker being Tenant of the Tenements aforesaid within written with the Appurtenances in which c. for the term of his life joyntly with the aforesaid William Rud afterwards and before the within written time in which c. At Morthoe within written to the aforesaid Edward thereof Attorned and agreed By colour of which Grant of the Reversion aforesaid and of the Attornment and Agreement aforesaid the aforesaid Edward was seized of the Reversion of the Tenements within written with the Appurtenances in which c. as the Law requireth as of Freehold for the term of his life and so thereof being seized and the aforesaid John Tooker and William Rud of the Tenements within written with the Appurtenances in which c. amongst other things being seized The said John Tooker afterwards and before the within written time in which c. that is to say the 14th day of December in the year of the Reign of the said Lady the Queen that now is the 31th at Morthoe aforesaid made to the said Edward Tooker a certain Writing of Surrender of the Tenements within written with the Appurtenances in which c. amongst other things which to the Jurors aforesaid was shewed the Tenor of which followeth in these words To all Christian people to whom this present writing shall come I John Tooker of Morthoe in the County of Devon Yeoman sendeth greeting in our Lord God everlasting Whereas I the said John Tooker and William Rud do hold joyntly for term of their lives and the life of the longest liver of them All the Capital Messuage and Lands Tenements and Hereditaments called Barton Lands in the Mannor of Sprecombe or parcel of the said Mannor and all those Lands Tenements and Hereditaments with the Appurtenances in Hokesmil with the Pasture of Hokeswood and Common of Pasture upon Hokesdown parcel of the said Mannor of the Demise and grant of John Arundel Esquire as by the Deed of Demise and Grant thereof made by the said John Arundel at large and plainly it doth and may appear Now know ye that the said John Tooker for divers and sundry causes and considerations him moving doth by these presents suâ—render and yield up unto Edward Tooker the son of the said John Tooker to whom the Reversion of all and singular the premises is granted and doth belong or the term of the life of the said Edward All his Estate Title and Interest in and to the premises and in and to every part and parcel thereof in as large and ample manner as he the said John Tooker can or may surrender the same In Witness whereof the said John Tooker to these presents hath set his Seal Given the 14th day of December in the 31th yeer of the Reign of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland defender of the Faith c. And further the said Jurors say upon their Oath aforesaid That the aforesaid John Tooker afterwards and before the within written time in which c. At Morthoe aforesaid dyed And that the said Edward afterwards that is to say the within written first day of April in the yeer of the Reign of the said Lady the Queen that now is the 36th aforesaid claiming to have and occupy the Tenements within written with the Appurtenances in which in Common with the said William Rud by virtue of the aforesaid Writing of Surrender by the aforesaid John Tooker in form aforesaid made into the Tenements aforesaid with the Appurtenances in which c. entred and the Grass within written to the value c. in the Close aforesaid then growing with the Cattel within written fed trod and Consumed as the aforesaid William Rud
said VVilliam take nothing by his Bill aforesaid but for his false clamour he be in Mercy c. And the aforesaid Edward go thereof without day c. TRESPAS Trinity Term Anno 70. of King JAMES Rot. 2612. in the COMMON-PLEAS C. 9. part The Earl of Shrewesburies Case fol. 42. RObert Spencer late of Maunsfield in the County aforesaid Esquire and Brownl Thomas Woodward late of Maunsfield in the Couty aforesaid Gentleman were attached to Answer to Roger Earl of Rutland of a Plea Wherefore Whereas The Lady Elizabeth late Queen of England the 14th day of July in the 42th yeer of her Reign at Westminster in the County of Middlesex By her Letters Patents sealed with the Great Seal of England had given and granted to the said Earl from the time of the full age of the said Earl of 21. years To the Term and for and during the Term of his natural life The Office of Steward of the Lordships or Manors of her the late Queen of Maunsfield in the County aforesaid and Bolsover and Horseley in the County of Derby with the Wages Fees to the said Office anciently due and accustomed To have and yeerly to receive the said Wages during the Term aforesaid of the Issues Profits Farms and Revenews of the aforesaid Lordships or Manors by the Hands of the Farmers Receivers or any other Occupiers thereof for the time being at the Feasts of St. Michael the Archangel and Easter by equal portions Together with all other Profits Rights Commodities Jurisdictions Privileges Preheminences and Emoluments to the said Offices arising or in any wayes belonging And whereas the said Earl before the making of the said Letters Patents that is to say the 19th day of November in the yeer of the Reign of the aforesaid late Queen the 40th had attained unto his full age of 21 years and by virtue of the Letters Patents aforesaid was seized of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of Freehold for the Term of his life And the same Offine from the aforesaid 14th day of June in the yeer of the said Lady the Queen the 42th aforesaid for one whole year then next after well and faithfully had executed and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield of old due and accustomed by that time had had and received The aforesaid Robert and Thomas intending manifoldly to molest him the said Earl and him the said ' Earl to disturb from the Execution of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield and him the said Earl of the Wages Fees and Profits which by reason of the execution of the said Office which he could and might of Right to have and receive wholy to frustrate and hinder of his own wrong without any Right of lawful authority without the leave of the said Earl the 16th day of February in the year of the Reign of the said late Queen the 44th at Maunsfield aforesaid The aforesaid Office of Steward of the aforesaid Manor of Maunsfield aforesaid exercised and from thence hitherto do exercise and occupie and all and singular the Wages Fees Commodities and Profits to the said Office due and by reason of the exercising of the Office aforesaid within the Manor aforesaid of right belonging to their own proper use had and received and the said Eearl to exercise the said Office within the aforesaid Manor aforesaid and the Wages Fees Commodities and Profits to the said Office of right to have and receive with force and Arms then and there hindered and yet do hinder and other harms to him did to the great damage of him the said Earl and against the peace of the said Lord the King that now is c. And whereupon the said Earl by John Muscott his Attorny complaineth for that whereas the aforesaid late Queen the 14th day of June in the year of the Reign the 42th abovesaid at VVestminster aforesaid by her aforesaid Letters Patents which the said Earl under the great Seal of England Sealed here in Court bringeth whose date is the same day and year had given and granted unto the said Earl from the time of the full age of the said Earl of 21 years to the term and for and during the whole term of the natural life of him the said Earl the aforesaid Offices of Steward of the aforesaid Lorsships or Manors of the aforesaid late Queen of Maunsfield Bolsover and Horsley with the Wages and Fees to the said Offices of old due and accustomed to have and receive yearly the said Wages during the term aforesaid of the Issues Profits Farms and Revenues of the said Lordships or Manors by the hand of the Farmers Receivers or other Occupiers of the same for the time being at the aforesaid Feast of Saint Michael the Arch-Angel and Easter by equal portions tegether with all other Profits Rights Commodities Jurisdictions Privileges Appurtenances Emoluments to the said Offices belonging or any waies appertaining and whereas the said Earl before the making of the aforesaid Letters Patents that is to say the 19th day of November in the year of the Reign of the aforesaid late Queen the 40th aforesaid had attained unto his full age of 21. years and by virtue of the Letters Patents aforesaid was seised of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of his free-hold for the term of his life and that Office from the aforesaid 14th day of June in the year of the Reign of the aforesaid late Queen the 42th abovesaid for one whole year then next following well and truly had exercised and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield from of old due and accustomed for that time had had and received the aforesaid Robert and Thomas endevoring him the said Easl from the exercising of the said Office of Steward of the aforesaid Manor of Mauasfield greatly to disturb the said Earl of the Wages Fees Profits that is to say of 100. s. yearly to be paid for the exercising of the afores office of Steward of the the ancient Fees due for the entring of playnts and pleas for Coppies of Court Rolls for Replevins for proving of Wills for granting of administrations of all persons whatsoever dying within the aforesaid Manor of Maunsfield for the entring of surrendors and admission of all Tenants whatsoever of the aforesaid Manor of Maunsfield for the Entry of of the Fealty of all Tenants of the said Manor of Maunsfield which of right he ought or might have and receive utterly to frustrate and hinder of his own wrong without any right or Lawfull authority without the leave of him the said Earl the aforesaid 16. day of February in the yeer of the Reign of the said late Queen the 42th abovesaid at Maunsfield aforesaid the aforesaid Office of Steward of the said Manor of
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
â—remling 10. shillings of good and lawful Mony of England in the Condition of the Feoffment aforesaid above mentioned in full satisfaction and performance of the Condition aforesaid By which The said Thomas Mayow afterwards and before the aforesaid time of the taking of the Cattel aforesaid into the aforesaid 8. Acres of Pasture with the Appurtenances in which c. amongst other entred and was thereof seized that is to say in his demesn as of Fee and so thereof being seized The said Thomas Mayow before the time in which c. that is to say the 3d. day May in the yeer of the Reign of the said Lady the Queen that now is the 24th abovesaid at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the said Lady the Queen now here brought bearing date the same day and yeer enfeoffed one Thomas Waller amongst other of the aforesaid 8. Acres of Pasture with the Appurtenances in which c. by the name of Abrahams Land containing by Estimation 9. Acres more or less lying in Sutton Atthone aforesaid To have and to hold the same Close called Abrahams Land with the Appurtenances amongst other to the aforesaid Thomas Waller his Heirs and Assignes To the only proper use and behoof of the said Thomas Waller his Heirs and Assignes for ever as by the said Writing amongst other things more fully appeareth By virtue of which â— coffment the said Thomas Waller of the aforesaid Close with the Appurtenances in which c. was seized in his demesn as of Fee and so thereof being seized The aforesaid Dionise Mayow afterwards and before the aforesaid time of the taking of the Cattel aforesaid that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is 29th at Sutton Atthone aforesaid dyed as the aforesaid George Mason and Francis Easterley above in pleading have alleged After whose death and before the aforesaid time of the taking of the Cattel aforesaid that is to say the 29th day of September in the yeer of the Reign of the said Lady the Queen that now is the 32th The a-aforesaid Thomas Waller at Sutton Atthone aforesaid demised and to farm set to the aforesaid John Kettel the aforesaid Close with the Appurtenances in which c. amongst other To have and to hold to the aforesaid John Kettell and his Assignes from the aforesaid 29th day of September in the 32th yeer abovesaid unto the end and Term of one whole yeer then next following and fully compleat and ended By virtue of which demise the aforesaid John Kettell afterwards and before the aforesaid time in which c. that is to say the 30th day of September in the 32th yeer aforesaid in the Close aforesaid in which c. entred and was thereof possessed And so thereof being possessed The same John Kettell afterwards and before the aforesaid time in which c. that is to say the 17th day of June in the yeer of the Reign of the said Lady the Queen that now is the 33th put his Cattel aforesaid into the aforesaid Close to eat the grass there as it was lawful for him to do which Cattel were in the aforesaid Close c. there the grass there late growing eating until the aforesaid George Mason and Francis Easterley the aforesaid Cattel the aforesaid time in which c. unjustly took and deteined in manner and form as the aforesaid John Kettell above against them complaineth And this he is ready to aver Wherefore in as much as the said George and Francis the taking of the Cattel aforesaid above acknowledgeth The said John Kettel demands Judgement and his damages aforesaid for the occasion of the taking and unjust deteining of the said Cattel to be adjudged to him c. And the aforesaid George Mason and Fracis Easterlâ—y say that well and true it is that before the aforesaid time of the taking of the Cattel aforesaid above supposed to be done and before the grant of the aforesaid Annuity of 20. pound and before the said Dionise had any thing in the aforesaid 8. Acres of Pasture with the Appurtenances in which c. The aforesaid Thomas Mayow in the Bar aforesaid to the Conusance aforesaid named was seized of the aforesaid 8. Acres of Pasture with the Appurtenances in his demesn as of Fee And so thereof being seized That the said Thomas the aforesaid 15. day of January in the 19th yeer aforesaid of the said 8. Acres of Pasture with the Appurtenances enfeoffed the aforesaid Thomas Scot and John Fremling in the Bar named To have to them and their Assignes for ever To the use of the said Dionise his Heirs and Assignes for ever upon the Conditions aforesaid in the Bar above in this part specified And that by virtue of the same Feoffment and by force of the aforesaid Statute the said Dionise was seised of the aforesaid 8. Acres of Pasture with the Appurtenances in which c. amongst other in his demesn as of Fee in manner and form as the aforesaid John Kettel in the Bar aforesaid to the Conusance aforesaid above in pleading alleged And the said George and Francis now Defendants further say That the aforesaid Dionise before the aforesaid time of the taking of the Cattel aforesaid above supposed to be done that is to say the aforesaid 30th day of May in the 9th yeer aforesaid by his Writing aforesaid gave and granted to the aforesaid Ann the aforesaid Annuity or yeerly Rent of 20. pound to be issuing out of the aforesaid place in which c. Amongst other in manner and form as the aforesaid John Kettell in his Bar aforesaid to the Conusance aforesaid above in pleading hath alleged To have and to hold the Annuity or yeerly Rent aforesaid of 20. pound to the aforesaid Ann and her Assignes for the Term of the natural life of the said Ann at the Feasts aforesaid above in this behalf specified by equal portions yeerly to be perceived with the aforesaid clause of distresse in that Writing contained in the Conusance above in this behalf specified And the said George and Francis Fasterly also in Facto say That the aforesaid Thomas Mayow the aforesaid Grant of the Rent aforesaid and the Estate of the said Ann in the said Rent then and there that is to say the aforesaid 30th day of May in the 19th yeer abovesaid at Sutton Atthone aforesaid by the name of Thomas Mayow of Sutton Atthone in the County of Kent Gentleman by his Writing sealed with the Seal of him the said Thomas and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex ratified and confirmed as by the said Writing amongst other things more fully appeareth By colour of which the said Ann was of the Annuity or yeerly Rent aforesaid seized