Essex with all and singular Rights Members and Appurtenances whatsoever As also of and in all those Manors and Lordships of Bustingthorp otherwise Buslingthorp and Dunnesby in the County of Lincoln with their Rights Members and Appurtenances whatsoever And of and in all those Manors of Salthorp otherwise Saltrop otherwise Halthrop Chilton and Black-grove in the County of Wilts with their Rights Members and Appurtenances And of and in all those Lands and Pastures called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the County of Wilts And of and in all those Manors of Mihenden otherwise Missenden otherwise called the Manors of Mussenden in the Parish of Wroughton Lydepard and Tregose in the said County of Wilts with all and singular their Rights Members and Appurtenances and of all that Manor of Elcomb and Park called Elcomb Park with the Appurtenances in the said County of Wilts And of and in all that Manor of Wattlescote otherwise Wigglescote otherwise Wiggetscete with the Appurtenances in the said County of Wilts And of and in all that Mannor of Wescot otherwise Wescet with the Appurtenances in the said County of Wilts And of and in all those Lands and Pastures conteining by estimation 100. Acres of Land and 60. Acres of Pasture in Wigglescot Wroughton in the said County of Wilts And of and in all that Manor of Vscot with the Appurtenances in the said County of Wilts And of and in all those two Messuages and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Pasture and 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And of and in all those Manors and Lordships of Campes otherwise Campes-Castle otherwise called Castle Campes with the Appurtenances situate lying being and extending into the Counties of CAMBRIDGE and ESSEX or either of them or elsewhere in the Kingdom of ENGLAND And also of and in all that Manor of Balsham in the County of Cambridge with all and singular Rights Members and Appurtenances whatsoever And also of and in all and singular those Messuages and Lands situate and being in the Parish of Hackney and Tottingham in the County of Middlesex with their Rights Members and Appurtenances whatsoever which Messuage was lately purchased of Will. Bowper Knight the said Lands in Tottenham now are or late were in the Tenure or Occupation of William Benning Yeoman And of and in all and singular Manors Lordships Messuages Lands Tenements Reversions Services Feedings Pastures Woods Advowsons Patronages of Churches and Hereditaments of the aforesaid Thomas Sutton whatsoever situate lying and being in the said Counties of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and singular their Rights Members and Appurtenances whatsoever in his demesn as of Fee And the said Jurors further say upon their Oath aforesaid That the said Thomas Sutton so thereof being seised before the time in which that is to say At the 4th Session of Parliament begun and holden by Prorogation at Westminster in the County of Middlesex the 9th day of February in the yeer of the Reign of our Lord James by the grace of God of England France and Ireland King Defender of the Faith c. the 7th and of Scotland the 3d. and there continued untill the 24th day of July then next following and then prorogued until the 16th day of October then next following amongst other things it was Enacted and established by Authority of the same Parliament as followeth in these words Humbly beseecheth your Majesty Your Loyal and dutiful Subject Thomas Sutton of Bedsham in the County of Cambridge Esquire That it may please your most excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled To Enact Ordain Establish And be it Enacted Ordained and Established by the Authority aforesaid That in the Town of Hallingburn otherwise called Hallinborn Bowchers in the County of Essex there may be builded and erected at the Costs and Charges of your suppliant one meet fit and convenient House Buildings and Rooms for the abiding and dwelling of such number of poor People Men and Children as your suppliant shall name by limit and appointment to be lodged harboured abide and be relieved there And for the abiding dwelling and necessary use of one School-master and Usher to instruct the said Children in Reading Writing and the Latine and Greek Grammar And of one Divine and godly Preacher to instruct and teach all the rest of the same House in the knowledge of God and his word And of one Master to govern all these persons of in or belonging unto the same House And that the same shall and may be called The Hospital of King James founded in Hallingbury in the County of Essex at the humble Petition and at the only Costs and Charges of Thomas Sutton Esquire And that the Right Reverend Father in God Richard now Arch-Bishop of Canterbury and his Successors Arch-Bishops there Thomas Lord Ellesmore Lord Chancellor of England and such as after him shall succeed to be Lord Chancellors or Lord Keepers of the Great Seal of England for and during the time they shall so continue or be in the same Office Robert Earl of Salisbury Lord High Treasurer of England and such as after him shall succeed to be Treasurers of England and such as after him shall succeed to be Treasurers of England for and during the time they shall continue or be in the same Office The Reverend Father in God Launcelot Bishop of Ely and his Successors Bishops there Richard Bishop of Rochester and Dean of the Cathedral Church of Westminster and his Successors of and in the same Deanery Sir Thomas Foster Kt. one of the Justices of your Majesties Court of Common-Pleas usually holden at Westminster Sir Henry Hobart Knight your Majesties Attorney General John Overal Doctor of Divinity Dean of the Cathedral Church of Saint Paul in London and his Successors Deans there Henry Thursby Esquire one of the Masters of your Majesties Court of Chancery Thomas Fortescue Thomas Paget Geffrey Nightingale and Richard Sutton Esquires John Law and Thomas Brown Gent. and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your suppliant during his life and after his decease by the most part of them which them shall be Governors of the said Hospital to be and succeed in and to the place and places of him and them deceasing shall and may be the Governors of the said Hospital and of the Members Goods Lands Revenews and Hereditaments of the same at all times hereafter for ever And that the same Governors and Hospital shall for ever hereafter stand and be incorporated Established and founded in name and indeed a body Politick Corporate to have continuance for ever By the name of the Governors of the Hospital
And that the said Thomas Sutton during his life and after his decease the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors for ever and the Governours of the said Hospital for the time being and their Successors shall have full Power License and lawful Authority at his or their Wills and Pleasures from time to time and at all times hereafter to place therein such number of poor Children or Scholars as to him the said Thomas Sutton during his life and after his decease to the said Governours and their Successors and to the Survivors or Survivor of them and his and their Successors and to the Governours of the said Hospital for the time being and their Successors shall seem convenient And also one godly and learned Preacher to teach and preach the Word of God to all the said persons poor People and Children As also one learned able and sufficient person to be the School-Master of the said School and one learned able and sufficient person to be the Usher thereof to teach and instruct the said Children in Grammar And further we of our said special Grace certain Knowledge meer Motion have ordained constituted assigned limitted appointed and by these presents for us our Heirs and Successors do ordain constitute assign limit and appoint That the said House and other the premises shall from henceforth for ever hereafter be remain continue and be converted imployed and used for an Hospital and House and Place for the abiding sustentation and relief of such number of poor People Men and Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and all and every the Governours of the said Hospital for the time being and their Successors shall name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there and for the abiding dwelling sustentation and relief of such number of poor Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and the Governours of the said Hospital for the time being shall from time to time name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there And for the abiding dwelling sustentation and finding of one School-Master one Usher and one Preacher as is aforesaid and of one Master or Head of the said House and Hospital And that it shall and may be lawful to and for the said Master Preacher School-Master Usher poor people Children Men and Officers of the said Hospital or therein to be placed for the time being to assemble be remain abide and cohabit together in the said Hospital And that the said Hospital shall for ever hereafter be incorporated named and called the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq And the same Hospital and Free-school by the name of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq We do firmly by these presents for us our Heirs and Successors erect found establish and confirm to have continuance for ever And for the better maintainance and continuance of the said Hospital and Free-school and the said godly and charitable uses intents and purposes and that the same may have and take the better effect and that all and every the Manors Lands Tenements and Rents Reversions Services and Hereditaments Goods and Chattels granted conveied assigned devised willed limitted and appointed for the maintainance sustentation and relief of the persons aforesaid in the same Hospital may be the better governed used imployed and bestowed for the mantainance of the persosn in the said Hospital for the time being to have continuance for ever We Will Ordain and do appoint assign limit and name and for us our Heirs and Successors do grant and ordain by these presents That there shall be for ever hereafter 16. persons who shall be called Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire And for that purpose we have elected nominated ordained assigned constituted limitted and appointed and by these presents do for us our Heirs and Successors elect nominate ordain assign constitute and appoint The Right Reverend Father in God George now Arch Bishop of Canterbury our trusty and Well-Beloved Counsellor Thomas Lord Ellesmere Lord Chancellor of England our trusty and Well-Beloved Cosin and Counsellor Robert Earl of Salisbury Lord High Treasurer of England John the elect Bishop of London Launcelot now Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Thomas Foster Knight one of our Justices of our Court of Common-Pleas Sir Henry Hobart Knight and Baronet our Attorny General John Overal now Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of our Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and the Master of the Hospital of King JAMES founded in the Charter House within the County of Middlesex At the humble Petition and onely costs and charges of the said Thomas Sutton Esquire and such person and persons as shall be from time to time Master or Masters of the said Hospital for and during such time as they shall be Master or Masters thereof to be the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and that they and the Survivors of them and such as the Survivors or Survivor of them from time to time Elect and Chuse to make up the number of 16. when and as often as any of them or any of their Successors shall happen to decease or to be removed from being Governours or Governour thereoâ— shall be incorporated and have a perpetual succession for ever in Deed Fact and Name and shall be one Body Politick and Corporate And that the said persons and their Successors and the Survivors and Survivor of them and his and their Successors and such as shall be elected and chosen to succeed them as aforesaid shall be incorporated named and called by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition
the 22th day of June in this present 9th yeer of his Reign over England upon the humble Sute of the said Thomas to give License Power and Authority to him the said Thomas Sutton to place found and erect an Hospital and Free-school in the House called the late dissolved Charter-House besides Smith field in the County of Middlesex And like License Power and Authority for him the said Thomas Sutton at any time during his life to ordain appoint and place a Master of the said Hospital And that the said Hospital should be called by the name of the Hospital of King JAMES founded in the Charter House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esq And where furthermore by the said Letters Patents The Master of the said Hospital for the time being is ordained and appointed to be one of the 16. Governours of the Lands Possessions Revenews and Goods of the said Hospital And that the same 16. Governours are by the said Letters Patents incorporate to purchase and take Lands to them and their Successors for ever for the maintainance of the said Hospital by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and the onely costs and Charges of Thomas Sutton Esquire as by the said Letters Patents amongst other things more at large may appear By reason whereof there must be a Master made before such time as the said Thomas Sutton can convey the Lands intended by the said Thomas Sutton to be conveied for the maintaiance of the said Hospital unto the said Governours according to the said Letters Patents Now the said Thomas Sutton minding the performance of the said charitable Act hath according to the power given him by the said Letters Patents and by these presents doth place nominate constitute and appoint his Right trusty and Well-Beloved John Hutton Clerk the first and present Master of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire To have and to hold the said Office Room and place of Master of the said Hospital to him the said John Hutton from henceforth during the good will and pleasure of the said Thomas Sutton In witnesse whereof the said Thomas Sutton hath put his Hand and Seal dated the 13th day of June in the yeer of the Reign of our said Sovereign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. And of Scotland the 45th And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of all and singular the premises aforesaid in form aforesaid being seized Afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of the said Lord the King that now is of England c. the 9th abovesaid made a certain Indenture between him the said Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part And the Right Reverend Father in God George â—ord Arch Bishop of Canterbury Primate and Metropolitan of all England The Right Honourable Thomas Lord Ellesmere Lord Chancellor of England The Right Honourable Robert Earl of Salisbury Lord High Treasurer of England The Reverend Father in God John Lord Bishop of London The Reverend Father in God Launcelot Lord Bishop of â—lie Edward Coke Knight Lord Chief Justice of the Common-Pleas Thomas Foster Knight one of the Justices of the Common-Pleas Henry Hobert Knight and Baronet the Kings Attorny General that now is John Overal Dean of the Cathedral Church of St. Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of the Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk By the name of the Reverend Father in God George Arch Bishop of Canterbury Thomas Lord Ellesmere Lord Chancellor of England Robert Earl of Salisbury Lord High Treasurer of England The Reverend Father in God John Lord Bishop of London The Reverend Father in God Launcelot Lord Bishop of Elie Edward Coke Knight Lord Chief Justice of the Common-Pleas Thomas Foster Knight one of the Justices of the Court of Common-Pleas Henry Hobert Knight and Baronet Attorny General of the Lord the King John Overal Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of the Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk Master of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and at the onely costs and charges of Thomas Sutton Esquire the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire of the other part made and within 6. Moneths then next following that is to say the 4th day of November in the yeer of the Reign of the Lord JAMES now King of England the 9th abovesaid in the Court of Chancery of the Lord the King that now is at Westminster aforesaid then being in due manner of Record inrolled according to the form of the Statute in such case made and provided And whereof one part sealed with the Seal of the said Thomas Sutton to the Jurors aforesaid was shewed in Evidence bearing date the same day and yeer The Tenor of which Indenture followeth in these words This Indenture made the first day of November in the yeer of our Lord God 1611. and in the yeers of the Reign of our Sovereign Lord JAMES by the Grace of God of England France and Ireland defender of the Faith c. that is to say of England France and Ireland the 9th and of Scotland the 45th Between Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part And the most Reverend Father in God George now Arch Bishop of Canterbury Primate and Metropolitan of all England The Right Honourable Thomas Lord Ellesmere Lord Chancellor of England The Right Honourable Robert Earl of Salisbury Lord High Treasurer of England The Right Reverend Father in God John Lord Bishop of London The Right Reverend Father in God Launcelot Lord Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Sir Thomas Foster Knight one of the Justices of the Court of Common-Pleas Sir Henry Hobart Knight and Baronet Attorny General of our Sovereign Lord the King John Overal Dean of the Cathedral Church of Saint Paul in London
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
appurtenances in the declaration aforesaid specified upon the possession of the aforesaid Edward Griffin be and in Law ought to be adjudged a lawfull entry in to the said Messuage or not the Jurors aforesaid are altogether ignorant and pray the advise of the Court here c. and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the aforesaid Martin Bowes Knight be a lawfull entry then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is guilty of the trespass and ejectment aforesaid as the said Henry within against him complayneth and assess the damages of the said Henry by the occasion of the trespass and ejectment aforesaid besides charges and costs by him about his sute in this behalf to 12 pence and for his charges and costs to 5 shillings and 4 pence and if to the Court of the said Lady the Queen here it shall seem that the aforesaid entry of the aforesaid Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight be not a lawfull entry Then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is not guilty of the Trespass and Ejectment aforesaid as the said Henry Page within hath alleged And because the Barons here will advise of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here untill 8 dayes of Saint Michael next comming to hear their Judgment because the Barons here thereof not yet c. at which day come the paries aforesaid by their Attorneys aforesaid and because the Barons are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid here until from Ester day in 15. dayes next comming to heare their Judgement because the Barons thereof are not yet c. at which day came the said parties by their Attorneys aforesaid And upon this the premises by the Barons here seen and mature deliberation thereof had betwixt themselves because it seemeth to the said Barons that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight is a Lawfull entry Therefore it is granted that the said Henry Page recover against the said Edward Griffin his possession of his term aforesaid then to come of and in the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified and his damages by the occasion of the trespass and ejectment aforesaid to 54 shillings and 4 pence by the Jurors aforesaid in form aforesaid asseised as also further 8 pound and 10 shillings to the said Henry Page at his request for his charges and costs aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken c. And hereupon by a writ of the said Lady the Queen here issuing forth at at the request of the aforesaid Henry Page it is commanded to the sheriffs of London that to the aforesaid Henry they his full possession of his term yet to come of and in the Messuage aforesaid with the appurtenances in the declaration above specified without delay to him they give and how the said precept is executed that the said sheriff make it appear to the Barons of the Exchequer of the said Lady the Queen here the morrow of the Holy Trinity next to come and also it is commanded to the said Sheriffs that of the goods and chattels of the said Edward Griffin in their Balywick the said 11. pound 4. shillings and 4 pence for the damages aforesaid in form aforesaid recovered they do execution and that the said money when they have so levyed they have before the Barons here at the aforesaid Term to the said Henry Page or to his Attorny in this behalf then here to be paid c. And that afterwards the said Lady the Queen that now is sâ—nt her writ under her great seal ouâ— of her Chancery to the Treasurors and her Barons of the Exchequer â—ere directed which is enrolled in the remembrance of this Exchequer of the 31th year of the Raign of Queen Elizabeth that now is that is to say amongst the Records of Esther Term remaining with the remembrancer of the said Lady the Queen here The tenor of of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faiâ—h c. To the Treasuror and her Barons of the Exchequer greeting because that in the Record and process and also of giving of Judgement of a plea which was in our Court before you the aforesaid Barons in our Exchequer aforesaid by bill between Henry Page our debtor and Edward Griffin of a certain trespass and Ejectment of his Farm to the said Henry by the said Edward done as is said Error manifest hath intervened to the grevious damage of the said Edward as of his complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitors at Westminster in the year of his Reign the 31th holden made amongst other things it was agreed and established That in all cases touching us and other persons where one complaineth of Error done in the Exchequer the Chancellor and Treasurer shall do to come before them in some Chamber neer unto the Exchequor the Record and Process out of the Exchequor and taking to them Justices and other sage persons such as shall seem fit to them to be taken and also calling before them the Barons of the Exchequor aforesaid to hear their informations and causes of their Judgments and hereupon shall dulie examine the business and if any Error shall be found to correct the same and to amend the Rolls and after to send the same into the said Exchequor to make thereof execution as in the statute aforesaid more fully is conteyned we therefore willing Error if any be according to the form of the aforesaid statute to be corrected to the parties aforesaid full speedy Justice in the premises to be done Command you that if Judgement thereupon be given That then the Record process aforesaid with all things touching the same before our Chancellor of England and you the aforesaid Treasurer in the Chamber next unto the Exchequer aforesaid called the Councel Chamber the third day of June next to come you cause to come that the said Chancellor and you the aforesaid Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons farther in this behalf with the Council of the Justices and other sages do that which of right and according to the form of
the statute aforesaid is to be done Witness my self at Westminster the 6th day of May in the year of our Raign the 31th and that afterwards the said Lady the Queen that now is sent here another writ under her great seal out of the Chancery to the Treasurer and her Barons of this Exchequor directed which is enrolled in the Remembrancers of the said Exchequer of the 31 year of the now Queen Elizabeth that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen here the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland defender of the faith c. To the Treasurer and Barons of her Exchequer greeting Because in the Record and process and also in giving of Judgment of a plea which was in our Court before you the aforesaid Barons of our Exchequor aforesaid in Easter Term last past by Bill between Henry Page our Debtor and Edward Griffin of a certain trespass and Ejectment out of his Farm to the said Henry by the said Edward done as is said manifest Error intervened To the grevious damage of the said Edward as by his complaint we have received and whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 13th made amongst other things it was agreed unto and established that in all cases the King and other persons touching where any complaineth of Error done in the Exchequor the Chancellor and Treasurer shall cause to come before them in some Chamber of Councel nigh unto the Exchequor the Record and process out of the said Exchequor and taking to them the Justices and other sages whom they shall think fit to be taken and also to be called before them the Barons of the Exchequor aforesaid to hear their informations the causes of their Judgement thereupon shall cause the business duly to be examined and if any Error shall be found that they correct the same and the rolls to be amended We therefore willing Error if any were according to the form of the statute aforesaid to be amended and full and speedy Justice to be done to the parties in his behalf we command you that if Judgment thereof be given that then the Record and process aforesaid with all concerning the same before our Chancellor of Englaâ— and you the aforesaid Treasurer in the Council Chamber neer unto the Exchequer aforesaid 10th day of this Instant moneth of June your cause to come That the same Chancellor and you the said Treasurer the Record and Process aforesaid being seen and hearing your informations you the said Barons further in this behalf of the Council of the Justices and the other sages do that which of right and aâ—â—ording of the form of the statute aforesaid is to be done Witness my seâ—â— at Westminster the third day of June in the year of our Reign the 31. At which day the aforesaid Chancellor and Treasurer into the Chamber aforesaid did not come and that aâ—terwards the said Lady the Queen that now is sent another writ under her great Seal out of her Chancery To the Treasurer and Barons of this Exchequer directed which is enrolled in the Remembrancers of the said Exchequer of 31th year of Queen â—lizabeth that now is that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defendor of the Faith c. To the Treasurer and Barons of the Exchequer greeting Because that in the Record and process and also in giving of Judgement which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in Easiher Term last past by Bill between Henry Page our debtor and Edward Griffin of a certain Trespass and Ejectment of him out of his Farm to the said Henry by the aforesaid Edward Griffin done as is said Error manifest intervened to the grievous damage of the said Edward as by his Complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 31th holden it was amongst other things agreed unto and established that in all cases the King and other persons touching where any complains of Error done in process in the Exchequer the Chancellor Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequor the said Record and process out of the said Exchequer and taking to them the Justices and other sages as to them they shall seem good to be taken and also to be called before them the Barons of the Exchequer aforesaid to heare their informations and the causes of their Judgment and thereupon the business aforesaid duly to be examined and if any Error shall be sound the same to be corrected and the Rolls to be amended and afterwards to send them into the said Exchequer to do execution thereof as belongeth as in the said statute is conteyned We therefore willing Error if any such shall be according to the form of the statute aforesaid to be corrected and to the parties aforesaid full and speedy Justice to be done in that behalf Command you that if Judgment be thereof given Then the Record and process with all touching the same before our Chancellor of England and you the said Treasurer in the Chamber of Councel neer unto the Exchequer aforesaid called the Councel Chamber the 14th day of October then ollowing you cause to come that the said Chancellor and you the said Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons further in this behalf with the Councel of the Justices and other sages cause to be done what of right and according to the form of the statute aforesaid is to be done Witness my self at Westminster the 13th day of June in the year of our Reign the 31th At which 14th day of October before Christopher Hatton Knight Chancellor of England and William Cecil Knight Lord Burghley Treasurer of the Exchequer aforesaid in the said Chamber neer the Exchequer aforesaid at Westminster came the said Edward Griffin by Richard Hatton his Attorny and the aforesaid Traesurer and Barons the Recâ—â—d and process aforesaid with all things touching the same then and there caused to come and upon that the said Edward said That in the Record and process aforesaid and also in the giving of the Judgement aforesaid It is manifestly Erred First in this that is to say because it doth not appear in the Record aforesaid that the aforesaid Thomas Bowes Master of Arts in the Record aforesaid above named was seised of the remaynder of the Messuage aforesaid
of her Exchequer Greeting Because in the Record and process and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the yeers of our Reign the 37th By Bil between us and Richard Bushopp of certain trespasses and intrusions in certain of our Woods with the appurtenances called Alton otherwise Aluington Woods conteyning by estimation 3000 Acres of Wood manifest Error hath entervened to our great damage And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor at Westminster and in the year of his Reign the 31th holden made amongst other things It is agreed and established that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer The Chancellor and Tresurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer and taking to them the Justices and such like sages as to them shall seem fit to be taken They cause to be called before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and the business thereupon to be duly examined And if any Error was found the same to be corrected and the Rolls to be amended and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth as in the said Statute it is conteyned We therefore willing Errors if any such were according to the form of the statute aforesaid to be corrected and speedy Justice to be done in that behalf Command you that if Judgement thereof be given then the Record and process aforesaid with alll things concerning the same before our beloved faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 21th day of the moneth of April you cause to come And to the same Keeper of our great Seal and you the aforesaid Tresurer the Record being seen and examined and the process aforesaid and your informations being heard and you the aforesaid Barons further in this part with the Councel of the Justices and other sages aforesaid Cause to be done what of right and according to the form of the Statute was to be done Witnesse my self at Westminster the 11th day of April in the yeer of our Reign the 39th Symons At the said 29th day of the said Moneth of April the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England and VVilliam Lord Burghley Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber next to the Exchequer aforesaid called the Councel Chamber and at the said day and place came before the Lord Keeper of the great Seal and the Lord Tresurer the aforesaid Atorney General of the Lady the Queen and for the said Lady the Queen said that in the Record and process aforesaid and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversly Erred that is to say that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose that the aforesaid late King Henry the 7th was seised of the reversion of the manor aforesaid with the appurtenances whereof c. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of VVarwick and by the force of the aforesaid Act of Parliament in the yeer of the Reign of the said late King the 19th in the Barr aforesaid mentioned by which Act it was enacted that the aforesaid Edward late Earl shâ—uld forfeit to the said late King all his Mannors Lands Tenements and Hereditaments whereas the aforesaid late King by vertue of the Attainder and Act of Parliament aforesaid as before is said made could not be seised of the Reversion aforesaid before inquisition thereof taken and of record remaining by which it should be sound that the aforesaid Earl at the time of the treason aforesaid by him committed or ever after was seised of the said Reversion as of Fee and right and in this that the aforesaid Richard doth suppose that the aforesaid late King Henry the 7th dyed seised of that Reversion and that the said Reversion descended to the aforesaid late King Henry the 8th as Son and Heir of the aforesaid late King Henry the 7th Whereas in fact the said Reversion did not descend to the said late King Henry the 8th nor by the Lawes of this Kingdom could descend before the Inquisition thereof for the aforesaid late King Henry the 7th thereof to be found and of Record to remain And in this that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King in the said County by virtâ—e of his office It was found that the aforesaid Edward late Earl of VVarwick was seised of the Reversion of the Manor aforesaid as of Fee and Right and so thereof being seised the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the 19th yeer of his Reign aforesaid was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid the late King Henry the 7th was seised of the Reversion aforesaid as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining more fully appeareth Whereas every Inquisition taken upon whatsoever Attainder of High-Treason taken before the Escheator by virtue of his Office ought to be retorned into the Court of the Kings Exchequer and there ought to be filed and not in the Court of Chancery And if in the Court of Exchequer retorned and there of Record it be not filed then the said Inquisition is void and of no force in Law And in this That whereas the aforesaid Richard Bushopp supposeth That the aforesaid late King Henry the 8th the 3d. day of November in the yeer of his Reign the 23th by his Letters Patents under his great Seal of England sealed bearing date the same day and yeer reciting That whereas the said late King the 12th day of October in the 12th yeer of his Reign had given and granted to the abovesaid Walter Walshe the Mannor of Grafton Fleuard with the appurtenances for the Term of the life of the said VValter and whereas the same late King the 6th day of December in the yeer of his Reign the 21th by other his Letters
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
done in his behalf command you that if Judgement be thereof given then the Record and Process aforesaid with all things touching the same before our beloved and faitfull Councellor Thomas Egerton Knight Keeper of our Great Seal of England and you you the aforesaid Tresurer in the Chamber of Councel nigh the Exchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 15th day of February next comming cause to come that the same Keeper of our Great Seal and you the aforesaid Tresurer the Record aforesaid seeing and the process aforesaid and hearing your Informations you the aforesaid Barons cause to be done what of right according to the form of the statute aforesaid was to be done Witnesse my self at Westminster the 29th day of January in the yeer of the Reign the 42th Symons And at the aforesaid 5th day of February in the aforesaid Writ mentioned The aforesaid Thomas Egerton Knight Keeper of the Great Seal of England and Thomas Lord Buckhurst Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber nigh the Exchequer aforesaid called the Council Chamber And at the same day and place come before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer the aforesaid Attorny of the Lady the Queen and for the said Lady the Queen saith That in the Record and processe and also in the giving of the Judgement aforesaid It is diversly erred in manner and form as by the aforesaid Articles of Errors by him first alleged and assigned above it is alleged And for the said Lady the Queen prayeth another Writ of the Lady the Queen to warn the aforesaid Richard Bushopp to be before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer at a certain day to hear the Record and Processe aforesaid and also the Errors aforesaid c. and it is granted unto him And it is commanded to the Sherif of the County of Worcester That by good and lawful men of his Balywick he warn the said Richard Bushopp that he be before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid at Westminster the first Tuesday in the Term of Easter next following to hear the Record and Processe aforesaid as also the Errors aforesaid above alleged and further c. What to the Court c. At which day before the aforesaid Lord Keeper and Lord Tresurer in the Chamber aforesaid the Sherif of the County of Worcester aforesaid that is to say William Childe Esquire Retorned the Writ aforesaid endorced thus ss By virtue of this Writ to me directed I gave warning to the aforesaid Richard Bushopp by John Jolley John Harris Thomas Penington and John Wemb good and lawful men of my Balywick to be before the said Keeper of the Great Seal at the day and place within contained as within to me is commanded And upon this the aforesaid Richard Bushop by Arthur Salway his Attorny at the same day in the Chamber aforesaid likewise cometh and demands the hearing of the Record and Processe as also of the Errors aforesaid and they are read unto him c. Which being read and heard the said Richard saith That in the Record and processe aforesaid in nothing it is erred And prayeth That the aforesaid Lord proceed to the Examination aswel of the Record and Processe aforesaid as of the businesse aforesaid for Errors by the said Attorny of the said Lady the Queen above alleged according to the form of the aforesaid Statute thereof made And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen saith as before he had said and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the aforesaid Richard Bushop in the Chamber aforesaid until Tuesday next to hear their Judgement thereof c. At which day before the said Lord Keeper and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper and Lord Tresurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday to hear their Judgment thereof c. At which day before the Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at VVestminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgment of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until the first Tuesday in the Term of Holy Trinity then next comming to hear Judgement thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid because the aforesaid Lord Keeper of the Great Seal Lord Tresurer are not yet avised of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the great Seal and Lord Tresurer in the Chamber aforesaid untill Tuesday the third day of June the same Term of Holy Trinity to hear Judgment thereof At which day before the aforesaid Lord Keeper of the Gâ—eat Seal and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgement of and upon the Premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday the 10th day of June next the same Term of the Holy Trinity to hear their their Judgment thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh Rchard Bushopp by his Attorny aforesaid And upon this the premises being seen by the aforesaid Lord Keeper of the Great Seal of England and the aforesaid Tresurer and mature deliberation thereof amongst them being had and taking to them the aforesaid John Popham Knight Chief Justice of the said Lady the Queen for Pleas before the Queen her self to be holden assigned and Edmond Anderson Knight Chief Justice of the said Lady the Queen of the Bench as also of Francis Gawdy one of the Justices to Pleas before the aforesaid Lady the Queen to be
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
William Banes then and there faithfully That she the said Mary the aforesaid 77. pounds to the said William Banes then at that next Quarter that is to say at the Feast of St. Michael the Archangel then next following the promise aforesaid in the 7th year aforesaid well and truly would pay and content Or otherwise the said Mary then and there would assign to the said William Banes for his security in that behalf for the payment of the aforesaid 77. pounds All the Interest of the Term of years which she the said Mary then had to come of and in the Gardens and Bowling-Ally aforesaid if the said Mary the said 77. pounds to the said William Banes according to her assumption and promise aforesaid had not paid And the said William Banes further saith That he the said William Banes giving Faith to the promise and undertaking of the said Mary did not trouble or sue the said Mary for the said 77. pounds but did forbear the payment thereof from the time of the promise aforesaid until the Feast of St. Michael the Archangel next following the promise aforesaid in the year aforesaid And the said William Banes further saith That after the premises aforesaid in form aforesaid that is to say the 10th day of November in the 4th year aforesaid at London aforesaid in the Parish and Ward aforesaid the said Mary took to Husband the aforesaid Edward Paine Yet the aforesaid Mary whilest she was single or the said Edward and Mary after the Mariage between them solemnized the undertaking promise of the said Mary whilest she was single little regarding but threating and fraudulently intending the said William Banes of the aforesaid 77. pounds craftily and subtilly to deceive and defraud of the said 77. pounds nor the said Mary whilest she her self was single to the said William Banes at the aforesaid Quarter that is to say at the Feast of St. Michael the Archangel next following the promise aforesaid in the 7th year aforesaid according to the promise and undertaking aforesaid in this behalf paid or any was for the same contented or otherwise then and there at that Feast did not assign to the said William Banes All the Interest of the Term of years which she the said Mary then had to come of and in the Gardens and Bowling-Alley aforesaid Nor the said Edward and Mary the Mariage betwixt them being celebrated at any time after he his the aforesaid 77. pounds to the said William Banes according to the promise and undertaking of the said Mary aforesaid have paid or any wayes for the same have contented him Or all the Interest aforesaid of the Term of years of the said Edward and Mary of and in the Gardens and Bowling-Ally aforesaid according to the promise and undertaking of the said Mary to the said William Banes for his security in that behalf hitherto have assigned although this to do by the said William Banes the said Mary whilest she was single and the said Edward and Mary after the Mariage betwixt them celebrated that is to say the last day of September in the year of the Reign of the said Lord the King that now is of England the 8th at London aforesaid in the Parish and Ward aforesaid often were required By which the said William Banes all the gain commodity and profit which he with the aforesaid 77. pounds in buying selling and lawfully bargaining could have had or gained if the said Mary her promise and undertaking aforesaid in form aforesaid had performed utterly lost whereupon the said William Banes saith That he is the worse and hath damage to the value of one 100. pound And hereof bringeth sute c. And now at this day that is to say Wednesday next after 8. dayes of St. Hillary this same Term untill which day the said Edward and Mary had License to the Bill aforesaid to imparl and then to Answer c. before the Lord the King at VVestminster cometh as well the aforesaid VVilliam Banes by his Attorney aforesaid as the said Edward and Mary by Isham Novell their Attorney and the said Edward and Mary defend the force and injury when c. And say That the said Mary did not take upon her in manner and form as the aforesaid VVilliam Banes above against them hath declared And of this put themselves upon the Countrey and the aforesaid VVilliam Banes likewise c. Therefore a Jury thereof was to come before the Lord the King at Westminster upon Monday next after 15. dayes of St. Hillary and who neither c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the Prosess was continued between the parties aforesaid of the Plea aforesaid by Jurors thereof put between them in respite before the Lord the King at Westminster untill Tuesday next after 8. dayes of the Purification of the blessed Lady then next following unlesse the beloved and faithful of the Lord the King Thomas Flending Knight Chief Justice of the Lord the King of Pleas in the Court of the said Lord the King before the King himself to be holden assigned first upon Monday next after the aforesaid 8. dayes of Purification of the blessed Lady at the Guild-hall London by form of the Statute c. cometh for default of Jurours c. At which day before the Lord the King at Westminster cometh the aforesaid William Banes by his Attorney aforesaid and the aforesaid Chief Justice before whom c. Sent here his Record before him had in these words Afterwards the day and place within conteined before the beloved and faithful of the said Lord the King Thomas Flending Knight Chief Justice within written associating to himself William Price according to the form of the Statute came as well the within named William Banes as the within written Edward Paine and Mary his wife by their Attorneys within written and the Jurours of the Jury whereof within is made mention likewise came and to speak the truth of the matter within conteined elected tryed and sworn say upon his Oath That the within named Mary took upon her in manner and form as the within written William Banes within against them hath declared and they assesse the damages of the said William by occasion of not performing the promise and undertakings within written besides the Charges and Costs by him about his sute in his behalf expended to 80. pounds and for his charges and costs to 53. shillings and 4. pence Therefore it is granted That the aforesaid William Banes shall recover against the said Edward Paine and Mary his wife the damages aforesaid in form aforesaid assessed as also 5. pounds 6. shillings 8. pence for his charges and costs aforesaid to the said William by the Court of the said Lord the King here with his assert of encrease adjudged Which damages in the whole do amount to 88. pound and the said Edward Paine and Mary his wife in mercy c. Assise
Trinity Term Aº 6 to of King James Calvins Case Co. 7. part Fol. 1. a. IAmes by the Grace of God of England Scotland Erance and Ireland King defender of the Faith c. To the Sheriffe of Middlesex Greetings Robert Calvin Gent. hath complained to us That Richard Smith and Nicholas Smith unjustly and without Judgement have disseized him of his Freehold in Haggord otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past and therefore we command you That if the said Robert shall secure you to prosecute his claim Then that you cause the said Tenement to be reseised of the Chattels which within it were taken and the said Tenement with the Chattels to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming and in the mean time cause 12. free and legall men of that venew to see the said Tenement and the names of them to be unbrevicted and summon them by good summonors that they be before us where ever we be in England ready thereof to make Recognition and put by suerties and pledges the aforesaid Richard and Nicholas that then they be there to hear the Recognition and have there the summons the names of the Pledges and this Writ Witness my self at Westminster the 3. day of November in the year of our Reign of England France and Ireland the 5th and of Scotland the one and fortieth For 40. s. paid in the Hamper KINDESLEY THe Assise cometh to Recognize If Richard Smith and Nicholas Smith unjustly and without Judgement did disseise Robert Calvin Gent. of his Freehold in Haggard otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past And whereupon The said Robert who is within the age of 21. years by John Parkinson and William Parkinson his Guardians which the Court of the said King hereto this have joyntly and severally specially are admitted Complaineth That they disseised him of the Messuage with the Appurtenances c. And the said Richard and Nicholas by William Edwards their Attorney come and say That the said Robert ought not to be Answered to his Writ aforesaid because they say That the said Robert is an Alien born the 4th day of November in the Reign of the King that now is of England France and Ireland the third and of Scotland the 34th At Edenborough within his Kingdom of Scotland aforesaid and within the Alleagiance of the said Lord the King of the said Kingdom of Scotland and without the Alleagiance of the said Lord the King of his Kingdom of England and at the time of the birth of the said Robert Calvin and long before and continually after the aforesaid Kingdom of Scotland by the proper Rights Laws and Statutes of the same Kingdom and not by the Rights Laws and Statutes of this Kingdom of England was Ruled and Governed and yet is And this he is ready to aver and thereupon prayeth Judgement If the said Robert to his said Writ aforesaid ought to be answered c. And the aforesaid Robert Calvin saith That the aforesaid Plea by the aforesaid Richard and Nicholas above pleaded is in sufficient in Law to him the said Robert to Answer and to Barre him to have his Writ aforesaid that the said Robert to the said Plea in manner and form pleaded needeth not nor by the Law of the Land is holden to Answer and this he is ready to aver hereof prayeth Judgement and that the said Kichard and Nicholas to the aforesaid Writ of the said Robert do Answer And the said Richard and Nicholas for as much as they sufficient in matter in Law to him the said Robert to Answer have to his Writ aforesaid in Barr above have alleged which they are ready to aver which matter the aforesaid Robert doth not gainsay nor to the same doth in any ways Answer but the said Averment altogether to admit refuseth as at first demandeth Judgement if the aforesaid Robert to his Writ aforesaid ought to be admitted c. And because the Court of the Lord the King here are not yet avised of giving her Judgement of and upon the premises day thereof is given to the parties aforesaid before the Lord the King at Westminster untill Monday next after 8. dayes of St. Hillary to hear there Judgement thereof because the Court of the Lord the King here thereof are not yet c. And the Assise aforesaid remain to be taken before the said Lord the King untill the same Monday there c. And the Sheriff to distrein the Recognitors of the Assise aforesaid And before to make view c. At which day before the Lord the King at Westminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid and because the Court of the Lord the King hereof giving their Judgement of and upon the premises is not yet avised day hereof is given to the parties aforesaid before the Lord the King at VVestminster untill Monday next the morrow of the Assension of our Lord to hear their Judgement because the Court of the Lord the King here are not yet c. And the Assise aforesaid remain further to be taken until the same Monday there c. At which day before the Lord the King at VVestminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid c. And because the Court c. Upon which Seen and by the Court of the Lord the King here all and singular the prepremises fully understood and diligently looked into and examined and mature deliberation hereof being had because it seemeth to the Court of the Lord the King that now is here that the Plea aforesaid of the said Richard Smith and Nicholas Smith above pleaded is not sufficient in Law to the aforesaid Robert Calvin to have Answer to his Writ aforesaid to Barr Therefore it is considered by the Court of the Lord the King that now is here That the aforesaid Richard Smith and Nicholas Smith to the Writ of the said Robert further Answer c. Michael 25. and 26. of Queen Elizabeth Rott 144. Assise Dowmans Case C. 9th part Fol. 1. a. THe Assise came to Recognise if Edward Vavasor Esquire George Vavasor Gent. Richard Coats John Lawson William Musgrave Robert Thissylwood and Robert VVard unjustly c. Disseised Thomas Dowman Esq and Elizabeth his wife of their Freehold in Spaldington VVillitoft and Southcate within 30. years now last past c. And whereupon the said Thomas and Elizabeth by Henry Cressey Their Attorney complain That they disseised them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of pasture with their appurtenances c. And the aforesaid Edward George Richard John Robort Thyssylwood and Robert VVard by Edward Latimer
such issue male of the body of the same Eldest Son Then to the use of the second Son of the body of the aforesaid Robert Vavasor and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the said Robert and for default of such issue male of the 9th Son Then to the use of Thomas Vavasor another Brother of the said Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Elest Son of the body of the aforesaid Thomas Vavasor lawfully begotten and the heirs males of the body of the said Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son Then to the use of the second Son of the aforesaid Thomas Vavasor lawfully begotten and the heirs males of the body of the same second Son lawfully begotten And so to the 9th Son of the aforesaid Thomas And for default of such issue male of the body of such 9th Son Then to the use of Richard Vavasor another Brother of the said peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Eldest Son of the body of the said Richard Vavasor lawfully begotten and the heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son lawfully begotten Then to the use of the second Son of the body of the said Richard lawfully begotten and so to the 9th Son of the aforesaid Richard and for default of such issue male of the body of the said 9th Son Then to the use of the heirs males of the body of Peter Vavasor of Spaldington Knight lawfully begotten and for default of such issue male Then to the use of the right heirs of the said Richard Vavasor for ever By vertue of which Recovery and seisin in manner and form aforesaid had and by foâ—ce of a certain Act of Parliament of the Lord Henry late King of England the 8th the 4th day of February in the year of his Reign the 27th of Transferring of uses into possession at Westminster in the County of Middlesex holden made The aforesaid Peter Vavasor Esquire was seised of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put in his demesn as of Freehold for the Term of his life without impeachment of any wast the remainder thereof after his decease farther as abovesaid expectant and the said Peter so thereof being seised the said Peter at Spaldington aforesaid dyed without any issue male of his body lawfully begotten after whose decease the said Edward into the aforesaid Tenements with their appurtenances in the view of the Recognitors of the Assise aforesaid put and in complaint aforesaid specified amongst other as in his Remainder thereof entred and was and yet is seised in his demesn as of Freehold for the Term of his life without impeachment of any wast And the aforesaid Thomas Dowman and Elizabeth claiming c. And gave colour to the party And the aforesaid Thomas Dowman and Elizabeth as to the aforesaid Plea of the said Edward above in Barr of the Assise aforesaid pleaded Say That they for any thing in the said Plea before alleged from the Assise aforesaid of the Tenements aforesaid with the appurtenances to have ought not to be Barred because they say That well and true it is That the aforesaid Peter Vavasor Esquire was seised of the Tenements aforesaid with the appurtenances in his demesn as of Fee and he the said Peter being so thereof seised The aforesaid Recovery of the Tenements aforesaid with the appurtenances was had by the aforesaid Andrew Windsor VVilliam Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire in manner and form as the said Edward above hath alleged But the said Thomas Dowman and Elizabeth farther say That the Recovery aforesaid in form aforesaid by the aforesaid Andrew William Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire of the Tenements aforesaid with the appurtenances in form aforesaid had and the seisin of the Tenements aforesaid with the appurtenances thereupon in form aforesaid had were to the only use and behoof of the aforesaid Perer Vavasor Esquire and his heirs for ever By colour whereof and by force of the aforesaid Act of transferring of Acts in possession c. The aforesaid Peter Vavasor Esq was seised of the Tenements aforesaid with the appurtenances in his demesn as of Fee and so thereof being seised The said Peter Vavasor Esq at Spaldington aforesaid of such his estate dyed hereof seised without issue of his body lawfully begotten After whose death the said Tenements with the appurtenances discended to the said Elizabeth then being the wife of the said Thomas Dowman as Sister and heir of the aforesaid Peter Vavasor Esq By which the said Thomas Dowman and Elizabeth in the said Tenements with the appurtenances entred and were thereof seised in their demesn as of Fee in the Right of the said Elizabeth untill the aforesaid Edward Vavasor and the aforesaid George Richard John Lowson William Musgrave Robert Thisylwood and Robert Ward them the said Thomas Dowman and Elizabeth thereof unjustly and without Judgement did disseise as they above against them complain'd without that that the aforesaid Recovery of the Tenements aforesaid with the appurtenances by the aforesaid Andrew Windsor William Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire in form aforesaid had was to the uses in the Barr of the said Edward above specified as c. And thereupon the parties are at issue And the Jurours say upon their Oath That the aforesaid Peter Vavasor Esquire was seised of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances in his demesn as of Fee and he the said Peter being thereof so seised the aforesaid Recovery was had by the aforesaid Andrew Windsor William Vavasor Peter Vavasor the younger and John Laundree in form aforesaid as the aforesaid Edward above in pleading hath alleged and further the Recognitors of the Assise aforesaid say uppon their Oath That a certain Indenture was made between the aforesaid Peter Vavasor Esq of the one party and the aforesaid Addrew Windsor William Vavasor Peter Vavasor the younger and John Laundree of the other party bearing date the first day of February in the 15th year abovesaid The Tenor of which Indenture follows in these words THis Indenture made the first day of February in the 15th year of the Raign of our Soveraign Lady Elizab. by the grace of God Queen of England France Ireland Defender of the Faith c. Between Peter Vavasor of the Midle Temple in London Esq of the one party
the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is of England France and Ireland the 7th and of Scotland the 42 d. Rott 3642. It is contained thus Somers ss It was commanded to the Sherriff Whereas of the grievous Complaint of Owen Bray of Cobham in the County aforesaid Gent. to the Lord the King grievously complaining It was shewed That whereas John Drury Doctor of Law in the Court of the Lord the King of the Bench here That is to say In the Term of St. Michael in the yeer of the Reign of the said Lord the King of England the 5th before the Justices of the said Lord the King of the Bench aforesaid here that is to say at Westminster by Judgement of the said Court had recovered against the said Owen as well a certain debt of 200. pounds as 33. shillings 4. pence which to the said John in the Court aforesaid of the said Lord the King here were adjudged for his damages which he had by occasion of the detaining of the said debt whereof he is convicted And whereas also the said Owen for that that he did not come unto the said Court of the Lord the King here to satisfy the aforesaid John of the debt and damages aforesaid was put in exâ—gent in the County of the Lord the King of Sussex to Outlawry and for that occasion afterwards that is to say the 19th day of May in the yeer of the Reign of the Lord the King that now is was Outlawed And notwithstanding the said Owen in execution for the Debt and Damages aforesaid by virtue of a certain Writ of the said Lord the King of Capias utlagatum thereof to the late Sheriff of the aforesaid County of Surry by Herbert Morley Esq then Sheriff of the aforesaid County of Surry at the Sute of the said Iohn was taken and imprisoned And after he was so taken and imprisoned was by the said Sheriff out of the same Prison at large where he would freely and voluntarily suffered to go and from the execution aforesaid was delivered as the said Owen by ways and means convenient was ready to shew Yet the aforesaid Iohn sueth forth Execution of the Debt and Damages aforesaid against him the said Owen by reason of the Recovery aforesaid and endeavoureth and threatneth unjustly him the said Owen to be taken and imprisoned to his no smal Damage Whereupon he had supplicated the Lord the Kings congâ—uous remedy for him to be provided The said Lord the King Willing what is just to be done to the said Owen in this behalf sent to the Justices here That the Complaint of the said Owen in this part being heard and calling before theâ— the Parties aforesaid and other which in this behalf they shall see to be called and their reasons thereof here being heard To the said Owen full and speedy Justice they should cause to be done in this behalf which of right and according to the Law and custom of the Kingdom of the Lord the King of England should be done And that they cause to come here at this day that is to say from the Holy Trinity in 15. dayes the aforesaid Iohn to answer of and upon the premises and further to do and receive what the Court the said Lord the King here shall consider in that behalf And now here at this day come as well the aforesaid Owen by Otho Gayer his Attorny as the aforesaid Iohn by Iohn Nye his Attorny And upon this the said Owen saith That whereas the aforesaid Iohn in the Court of the said Lord the King that now is here that is to say in the Term of St. Michael in the yeer of the Reign of the Lord the King that now is of England c. the 5th before Edward Coke Kut and his Companions then Justices of the said Lord the King of the same Bench here that is to say at VVestminster by the consideration of the said Court recovered against the said Owen as well the aforesaid Debt of 200. pounds as the aforesaid 33. shillings and 4. pence which to the said Iohn in the same Court of the said Lord the King here was adjudged for his Damages which he had by occasion of detaining the same Debt whereof he is convicted And whereas also the said Owen for that he did not come into the same Court of the said Lord the King here to satisfie the said Iohn of his Debt and Damages he was put in Exigent in the aforesaid County of Sussex to be Outlawed and for that occasion afterwards that is to say the 9th day of May in the yeer of the Reign of the Lord the King that now is the 6th was Outlawed upon the said Outlawry the aforesaid Iohn Drury afterwards that is to say in the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is the 6th abovesaid sued forth out of the Court of the Lord the King of the Bench here a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen then to the Sherriff of the aforesaid County of S. directed By which Writ the said Lord the King then commanded the said Sherriff of S. that he do not omit for any Liberty within his County but that he take the said Owen Outlawed in the said County of Sussex the said 19th day of May in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid At the Sute of the said Iohn Drury of the plea of Debt whereof he is convicted of c. And him safely keep c. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls then next comming to do receive what the Court of the said Lord the King thereof should consider in that behalf By virtue of which Writ the said Owen afterwards that is to say the 7th day of October in the 6th yeer aforesaid at Guildford in the aforesaid County of Surry by the aforesaid Rob. Morley then being Sheriff of the aforesaid County of Surry was taken and imprisoned And after he was so taken and imprisoned the said Owen by the said Sherriff the same day and yeer c. At Guildford aforesaid out of that Prison at large where he would freely and voluntarily to go was suffered and from the execution aforesaid was delivered And this he is ready to aver Whereupon he prayeth Judgement And that the aforesaid John from having his execution aforesaid by colour of the Judgement aforesaid be barred and that the said Owen thereof be discharged c. And the aforesaid John prayeth licence thereof to imparl here until 8. dayes of St. Michael c. And hath it c. And the same day is given to the aforesaid Owen here c. At which day the plea aforesaid was adjorned by Writ of the Lord the King of Common adjornment
themselves of and upon the premises before that they give their Iudgement thereof Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their Iudgement because the same Iustices here thereof are not yet c. Actions of Debt Trinity Anno. 70. of King JAMES Vineors Case Rot. 2629 C. 8. part fo 80. a WIlliam Wilde late of Themilthorp in the County aforesaid Yeoman Norff. otherwise called William Wilde of Themilthorp in the County aforesaid Yeoman was summoned to answer to Robert Vineor of a plea that he renders unto him 20 pounds which to him he oweth and unjustly detayneth c. And whereupon the said Robert by Thomas Vynior his Attourney saith that whereas the said William the 15th day of July in the year of the reign of the Lord the King that now is of England France and Ireland the 6th at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was therof required yet the said William although often required the aforesaid 20 pound to the said Robert not yet hath rendred but the same to him hitherto hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the valew of 10 pound and thereof hebringeth sute and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie whose date is the day and year aforesaid c. And the aforesaid William by John Bussel his Atturney commeth and defends the force and injury when c and prayeth the hearing of the writing aforesaid and it is read unto him he also prayeth the hearing of the Condition of the said writings and it is read unto him in these words The Condition of this Obligation is such that if the above bounden William Wilde do and shall from time to time and at all times hereafter stand to abide observe perform fullfill and keep the Rule Order Judgment Arbitrament Sentence and final Determination of William Rugge Esquire Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said William Wilde as of the part and behalf of the abovenamed Rober Vynior to Rule order adjudge arbitrate and finally determine all matters sutes Controversies debates griefes and contentions heretofore moved and stirred or now depending between the said parties touching or concerning the sum of 22 pence heretofore taxed upon the said William Wilde for diverse kind of Parish business within the said Parish of Themilthorp so as the said A ward be made and set down in writing under the hand and seal of the said William Rugge at or before the Feast of St. Michael the Archangel next insuing after the date of these presents that then this present obligation to be void and of none effect or else the same to stand abide and remain in full power strength and virtue Which being read and heard the said William Wilde saith that the aforesaid Robert his action aforesad against him ought not to have because he saith that the Arbitrator aforesaid after the making of the writings and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition this c. he is ready to aver whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have And the aforesaid Robert saith That he by any thing before alleged from having his action aforesaid ought not to be barred because he saith that the said William Wilde after the making of the writing aforesaid and before the aforesaid Feast of Saint Michael the Archangel then next following that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England c. the 6th aforesaid at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and yeare reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing Obligatorie in the sum of 20 pound which condition in the said writing for the performance and fulfilling of the Arbitrament Rule Order Judgement Sentence and final determination of William Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared or might appear then the said William intending the revocation thereof by the said writing of Revocation revoked and did call back all the authority whatsoever which the said William Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator and then altogether dissallowed and held void all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament Rule Order Iudgement Arbitrament Sentence and Determination of all matters sutes controversies debates griefs and contentions then before moved and stirred or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wilde according to the aforesaid writing Obligatory as it was in the same mentioned and declared as by the said writing of Revocation more fully appeareth and this he is ready to aver whereupon in as much as the aforesaid William Wilde after the making of the writings aforesaid before c. the said Feast of Saint Michael the Archangel then next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid of all authority of arbitrating of and upon the premises in the condition aforesaid above specified contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him c. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing and not other nor diverse And the said William Wilde saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have and maintain and that he to that plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bounden to answer and this he is ready to aver whereupon and for want of
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
Son that he be before the Justices of the said Lady the Queen here at VVestminster aforesaid from the day of Holy Trinity in 15. dayes then next following to shew wholly he did not c. And that the said Sheriff should have here the summons and the said Writ At which 15. dayes of Holy Trinity before Edmond Anderson Kt. and his Companions then Justices of the said Lady the Queen that now is of the Bench here come as well the said John Godfrey as the said Thomas VViseman the Son in their proper persons And Thomas Lucas Kt. then Sheriff of the County of Essex aforesaid returned then here the Writ aforesaid to him in form aforesaid directed in all things served and executed That is to say That the said Iohn Godfrey found to the said Sheriff pledges to prosecute his Writ aforesaid that is to say Iohn Doo and Richard Roo And that the said Thomas VViseman the Son was summoned by Iohn Den and Richard Fen Whereupon the said Iohn Godfrey in his proper person in the said Court here declaring upon his Writ aforesaid then demanded against the said Thomas VViseman the Son the Mannors Tenements and Rents aforesaid with the Appurtenances as his right and his inheritance And into which the said Thomas had not entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the said John within 30. years then last past And whereupon then he said That he himself was seised of the Mannors Tenements and Rent aforesaid with the Appurtenances as of Fee and Right in the time o◠Peace in the time of the Lady the Queen that now is taking the Profits to the value c. And into which c. And thereupon he then brought Sute c. And the said Thomas VViseman the Son in his proper person then did defend his Right when c. And thereof vouched to Warranty David Howel who then was present in Court in his own person and freely the Mannor Tenements and Rents aforesaid with the Appurtenances to him did then warrant upon which the said John Godfrey then demanded against the said David then Tenant by his Warranty the Mannor Tenements and Rents aforesaid with the Appurtenances in form aforesaid c. And whereupon he then said That he himself was seised of the Mannor Tenements and Rents aforesaid with the Appurtenances in his Demesn as of Fee and Right in time of peace in the time of the Lady the Queen that now is taking the Profits to the value c. and in which c. and thereupon he brought his Sute c. And the said David Howel Tenant by his Warranty then defended his Right when c. And then said That the aforesaid Hugh did not disseise the said John Godfrey of the Mannor Tenements and Rents aforesaid with the Appurtenances as the said Iohn by his Writ and Declaration aforesaid above supposed And upon that then put themselves upon the Country And the said John Godfrey then demanded license thereof to imparle And he then had it c. And the said Iohn retorned back unto the same Court in the said Term in his proper person And the said David although solemnly demanded then came not again but in contempt of the said Court departed and made default Wherefore it was granted in the same Court That the said Iohn Godfrey should recover his seisin against the said Thomas Wiseman the Son of the Mannor Tenements and Rent aforesaid with the Appurtenances and that the said Thomas should have of the Land of the said David to the value c. And that the said David should then be in mercy c. And thereupon the aforesaid Iohn Godfrey then demand-the Writ of the said Lady the Queen to the said Sheriff of the County aforesaid to be directed to gve him full seisin of the Mannors Tenements and Rent aforesaid with the appurtenances And which was to him then granted retornable here without delay c And afterwards that is to say The 8th day of Iuly the self same Term came unto the said Court the aforesaid Iohn Godfrey in his proper person And the said Thomas Lucas then Sheriff of the County of Essex then here sent That he by virtue of the said Writ to him directed The 4th day of Iuly then last past delivered to the said J. Godfrey full seisin of the Mānor Tenements Rents aforesaid with the appurtenances as by the said Writ he was cōmanded Which Recovery and Execution thereupon in form aforesaid prosecuted and had was to the use of the said Thomas Wiseman the Son and his Heires for ever By virtue of which and of the said Statute in Parliament of the said Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th of transferring of uses into possessions held published and provided The said Thomas VViseman the Son was seised of the said Reversion of one Moyety of the Island aforesaid with the appurtenances amongst other things in his Demesn as of Fee and Right and so being thereof seized at great Totham aforesaid dyed of such his estate so thereof seised after whose death The aforesaid Reversion of the one Moyety of Island aforesaid with the appurtenances amongst other things to Elizabeth now the Wife of Richard Jeunius and Dorathy VViseman as Sisters and Heires of the said Thomas VViseman the Son which Elizabeth and Dorathy are yet above and in full life that is to say at great Totham aforesaid and this he is ready to aver whereupon he demandeth Judgement If the said Iohn VViseman his Action aforesaid against him ought to have c. And upon this The said Iohn VViseman prayeth license to imparle here until the next day after the Holy Trinity and hath it c. And the same day is given to the said Richard here c. And the said Iohn VViseman saith That he by any thing before alleged to have his Action aforesaid ought not to to be barred because he saith That long before the Recovery aforesaid of the Tenments aforesaid with the appurtenances in form aforesaid had By a certain Act of Parliament of the Lord Henry late King of England the 8th the most Dear Father of the Lady the Queen that now is at VVestminster in the County of Middlesex the 22d. day of Ianuary in the year of his Reign the 34th begun and there then holden and afterwards by divers progations continued untill the 12th day of May in the year of the Reign of the said late King Henry the 8th the 35th held amongst other Kings It was enacted by authority of the said Parliament That whereas divers of the Noble Progenitors of the said late King Henry the 8th and especially the said late King chiefly liberally above all others had given granted or otherwise had provided to his and their loving and good Servants Subjects as well Nobles as others Mannors Meases Lands Tenements Rents Services and Hereditaments to
said 8. Messuages and other the premises by these presents bargained and sold And that he hath full power and perfect lawful good authority to bargain fell and assure the same in manner form aforesaid And further that he the said Thomas Bowes and the Heirs of the said Thomas Bowes and all and every other person and persons and their Heirs having or lawfully claiming any lawful estate or interest of or in the premises or any part or parcell thereof shall and will at the costs and charges in the Law of the said VVill. Petham his Heirs and Assignes at all and every time and times hereafter during the Term of Four years next insuing the date thereof at the reasonable request of the said William Pelham his Heirs or Assignes do cause procure and suffer to be done All and every such reasonable and further act or acts thing or things devise or devises assurance and assurances whatsoever for the further and better assurance and sure making and for the clear and absolute having and enjoying of all and singular the aforesaid premises with their Appurtenances and every part and parcel thereof to be injoyed conveyed and assured to the said VVilliam Pelham his Heirs and Assignes be it by Fine Feoffment Recovery Deed or Deeds Inrolled Inrolement of these presents Recovery with single or double Vouchers and with warranty against all men or without warranty or otherwise as shall be reasonably devised or avised by the said VVilliam Pelham or by the Council learned in the Lawes of this Realm of the said VVilliam Pelham his Heirs or Assignes And that the said 8. Messuages and other the premises by these presents bargained and sold now are of the cleer yearly value of 67. pounds 13. shillings and 8. pence of lawful money over and above all charges and reprises And after the Feast of St. Michael the Archangel which shall be in the year of our Lord God 1688. of the cleer yearly value of 71. pounds 13. shillings and 4. pence of lawful Money of England over and above all charges and reprises In witness whereof the parties aforesaid to these Indentures sunderly have set their seals Given the day and year first above written Memorandum that afterwards that is to say the 21. day of December in the year abovesaid came the aforesaid Thomas Bowes before the said Lady the Queen in her Chancery at Westminster in his proper person And did acknowledge there the Indenture aforesaid all and singular in the same contained and specified in the former above written By Colour of which bargain sail and Inrollment aforesaid as also by force of a certain Act of transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the 27th year of his Reign holden made and provided The said William Pelham was seised of the Messuage aforesaid with the Appurtenances amongst other things in which c. as the Law requireth And the said VVilliam so being thereof seised before the time in which c. A certain Recoverie was had in the Court of Hustingâ— of Pleas of Lands holden in the Guild-hall London before the Mayor and Sheriffs of the same City according to the custom of the aforesaid City by Nicholas Parker and Simon Patricke demandants against the said Willi. Pelham then Tenant of the said Messuage with the Appurtenances amongst other things in which c. in and upon a Writ of the Lady the Queen of Right Patent by the aforesaid Nicholas and Simon brought out of the Court of Chancery of the said Lady the Queen and in the said Court of Hustings and according to the custom of the City afore said prosecuted The Tenors of which Writ and the return and the proceedngs thereof as also of the Recovery aforesaid with all things touching the same follow in these words ss Pleas of Lands holden in the Hustings in the Guild hall London Monday next the feast Perpetue feliatatis In the year of the Reign of our Lady Elizabeth by the grace of God of England France and Ireland Queen defender of the faith the 14th At this Hastings came here in their proper persons Nicholas Parker and Simon Patrick and brought here in Court a Writ of the Lady the Queen of Right Patent to the Mayor and Sheriffs of London directed in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Mayor and Sherifs of London greeting We command you full Right you do to Nicholas Parker and Simon Patricke of 8. Messuages with the Appurtenances in London which they claim to hold of us by the free service of 1. penny by the year for all service which VVilliam Pelham Esquire deforced them that no more clamor thereof we hear for defect of Right Witnesse my self at VVestminster the last day of February in the year of our Reign the 14 th And they found Pledges to prosecute the said Writ that is to say John Doo and Richard Roo And then and there the said Nicholas Parker and Simon Patrick put in their place VVilliam Dalby their Attorny against the aforesaid VVilliam Pelham by the said their Attorny then there demanded Process c. according to the Custom of the City aforesaid and it is granted unto them c. Upon which then it was Commanded then and there by the said Court to the Sheriffs of London according to the Custom of the said City That they summon by good summoners the said VVilliam Pelham that he be here at the next Hastings London of Pleas of Lands in the Guild-hall of the City aforesaid according to the Custom of the said City to be holden to Answer to the said Nicholas Parker and Simon Patricke in the same plea here c. At which day that is to say at the Hastings London of Pleas of Lands holden in the Guid-hall London Monday next before the Feast of St. Edward King and Martyr in the year of the Reign of the said Lady Elizabeth c. the 14 th aforesaid The said Nicholas Parker and Simon Patrick by the said VVilliam Dalby their Attorny came and appeared here c. And the Sheriffs of London that is to say Henry Mills and John Branch now sent and retorned here upon the Precept aforesaid to them directed That they by virtue of the said Precept sommoned the said VVilliam Pelham to be here at this Hastings to Answer to the said Nicholas Parker and Simon Patricke in the plea aforesaid as to them c. by John Doo and Richard Roo summoners c. Which VVilliham at this Hastings put in his place Roger Coys and Robert Hogeson their Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. by VVilliam Fleetwood Esquire Recorder of the City aforesaid c. And upon this the said Nicholas
the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
Thomas Elderker by the name of Elizabeth Elderker Widow late Wife of VVilliam Elderker Gent. deceased Ralph Elderker VVilliam Elderker and Thomas Elderker Sons of the Body of the first named VVilliam and Elizabeth lawfully begotten of the other part which part with the Seal of the said Nicholas sealed to the Jurors aforesaid here was shewed in Evidence gave granted and to Farm had letten to the said Elizabeth Elderker the Rectory and glebe Lands of the Church aforesaid To have and to hold the said Rectory and glebe Lands with all Fruits Oblations Obversions Tithes Rights with the Appurtenances and Commodities whatsoever to the said Rectory in any manner belonging or appertaining to the said Elizabeth from the aforesaid second day of March in the second year aforesaid untill the end and during the Term of 80. years from thence and immediately following the date of the said Indenture if the aforesaid Elizabeth should so long live and should not allien grant or give the said Demise or Term And if it should happen the aforesaid Elizabeth within the said Term of 80. years to dye or to alien give or grant the Premises That then the Estate of the said Elizabeth should cease And then the said Nicholas by his Indenture aforesaid gave granted and demised all and singular the premises for so many years as then should remain unexpired after the death of the said Elizabeth or the alienation of the said Elzabeth to the aforesaid Ralph for and during the residue of the said Term of the said 80. years if he should so long live without making any alienation grant or gift of the said Term And if it should happen he to dye or to alien the premises within the Term aforesaid that then his Estate should cease And then the said Nicholas by his Indenture aforesaid gave and granted all and singular the premises to the aforesaid VVil. for and during so many years of the said Term of 80. that then should remain if he should live so long and should not alien the said Term and if it should happen the said VVilliam to dye or to alien the Premises within the aforesaid Term that then his Estate should cease And then the said Nicholas by his Indenture aforesaid gave and granted all and singular the premises for and during so many years of the aforesaid 80. years as then should continue and remain unexpired to the aforesaid Thomas his Executors and Assignes as by the said Indenture shewed to the Jurors aforesaid in Evidence amongst other things it more plainly appeareth And further the Jurors aforesaid upon their Oath aforesad say That the aforesaid Lord Edward late King of England afterwards and before the time in which c. That is to say the 12th day of September in the 3d. year of his Reign the aforesaid Nicholas then being Rector of the Câ—urch aforesaid by his Leters Patents under his great Seal of England and in due manner made bearing date at Westminster the said 12th day of September in the 3d. year of his Reign aforesaid the aforesaid Lord the King then being true Patron of the said Rectory Seeing Reading and Examining the Indenture aforesaid of his speciall Grace certain Knowledge and meer mention as also with the Advice and Consent of the Beloved Uncle of the aforesaid Lord the King the Duke of Somerset Governour of the person of the King and Protector of the Kingdoms Dominions and Subjects of the said King and of other of the Council of the said King before and especially in Consideration of the most excellent present service then to the King in his Warrs then and sole in the beating back of the Scots which then late happened at Naseborough in which War the aforesaid William Elderker of fore-thought Malice was slain the said Indenture and all in the same specified and all the Right Title and Interest of the same Elizabeth Elderker Ralph Elderker William Elderker and Thomas Elderker in the said Rectory Gleable Lands Fruits and other things in the same Indenture expressed with the Appurtenances To have and to hold the said Rectory to the said Elizabeth Ralph William and Thomas and their Assignes had confirmed and ratified and in all things as much as in him was had approved for him and his Successors And further the Jurors aforesaid say upon their Oath aforesaid that afterwards that is to say the 21 day of January in the Reign of the said Lord Edward the 3d. aforesaid the said Nicholas being then Rector of the Church aforesaid One Henry by Divine Providence Bishop of Lincolne and of the Rectory and Church aforesaid of Chedington aforesaid Ordinary the Demyse or Grant aforesaid by the said Nicholâ—â— as before is said made all singular in the same contained for him and his Successors confirmed ratified as much as in him was approved To have hold and enjoy to the aforesaid Eliz. Ralph Wil. Elderker Th. Elderker during the Term aforesaid as by the said several Confirmations in due manner made and to the Jurors aforesaid shewed more fully appeared By colour of which Demyse and several Confirmations aforesaid in form aforesaid made the aforesaid Elizabeth Elderker into the Rectory aforesaid and the Glebe Lands aforesaid with the Appurtenances did enter and was thereof possessed And she thereof being so possessed The said Nicholas Fitz-williams afterwards and before the time in which c. that is to say the 10 th day of January in the year of the Reign of the Lady Mary late Queen of England the first at Chedington aforesaid then being Rector of the Parish Church of Chedington aforesaid dyed And the Jurors aforesaid say upon their Oath aforesaid that the said Thomas Elderker afterwards that is to say the 10 th day of June in the yeer of the Reign of the said Lady Elizabeth now Queen of England the 16 th at Greenwich in the County of Kent dyed intestate the said Elizabeth of the Rectory aforesaid and of the Glebe Lands aforesaid with the Appurtenances in form aforesaid being possessed And the said Elizabeth being thereof so possessed the aforesaid VVilliam Elderker afterwards that is to say the 8 th day of July in the year of the Reign of the said Lady the Queen that now is the 17 th likewise dyed And the aforesaid Elizabeth Elderker so of the Rectory and Glebe Lands aforesaid possessed as is said afterwards That is to say The 20 th day of July in the yeer of the Reign of the said Lady the Queen that now is the 17 th aforesaid at Chedington aforesaid the said Eliz. Elderker likewise dyed and the said Ralph Elderker did over-live her and into the Rectory aforesaid and the Glebe Lands aforesaid with the Appurtenances By virtue of the Demyse aforesaid likewise entred and was thereof possessed and so being thereof possessed the said Ralph Elderker afterwards that is to say the 10th day of May in the yeer of the Reign of the said Lady the Queen that now is the 18
of the Justices of the Lady the Queen of the Bench and Edward Fenner one of the Justices of the said Lady the Queen of pleas before the Queen her self to be holden assigned Justices of the Assiise of the Lady the Queen in the County of Wilts to be taken Assigned by the form of the statute came aswell the within named James Linche as the said within written William Spencer and Tho. Spencer by their Attorneys within mentioned and the Jurors of the Jury whereof within mention is made being called some of them that is to say William Garret of Shaw Gentleman William Bury of Crickland Thomas Puckley of Nether Haven Gentleman William Marse of Haydon John Noyse of Graston Richard Legge of Nether Haven Thomas Smith of Kinnett Thomas Stoper of Moanton and VVilliam Gouldesborough of the same came and are sworn of the same Jury and because that the rest of the Jurors of the Jury did not appear therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James and by the command of the Justices aforesaid were new put whose names to the Panâ—nel within written are filed according to the statute in such case lately made and provided And the Jurors so of new put that is to say Thomas Stringer VVilliam Bundy and VVilliam Hascal likewise called came who to the truth of the matter within conteined together with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the aforesaid VVilliam Spencer is not guilty of the Trespass and Ejectment within written as the said VViliam hath within alleged and further the said Jurors as to all the Trespass Ejectment aforesaid within written besides the Trespass and Ejectment in the Messuage within conteined and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise therof within allegeth and as to the Trespass and Ejectment within written into the aforesaid Messuage and 26 Acres of Land within supposed to be done the same Jurors say upon their Oath that long before the within written time in which it is supposed the Trespass and Ejectment aforesaid to be done one Richard Bridges Knight was seised as well of the aforesaid Messuage and 26 Acres of Land with the appurtenances as of the other Tenements within written residue with the appurtenances in his demesn as of Fee and so thereof being seised the said Richard long before the time aforesaid in which c. by his certain writing of Feoffment Indented in Consideration of a certain Ioynture of one Iohanna the wife or Daughter of VVilliam Spencer Knâ—ght deceased from thence after to be had and ended gave and granted and in his said writing Indented confirmed to Iohn VVinchcomb the Elder of Newberry in the County of Berks. and John Knight of Newbery aforesaid the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said John VVinchcomb and John Knight their heirs and assignes for ever under this Condition following that is to say That the said John VVinchcomb and John Knight within one moneth next ensuing after the date of the said writing by their sufficient writing in Law as by the learned Councel in the Law of the said Richard â—ridges it should be avised should give grant and deliver the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna his wife to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna and to the heirs of the bodies of the said Richard and the said Johanna his wife betwixt the said Richard and the said Johanna Lawfully begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid Richard for ever of the chief Lords of the Fee by the services therefore due and of right occasioned as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 th day of January in the year of the Reign of the Lord Henry late King of England the 8 th the 32 th to the Jurors aforesaid in evidence shewed more fully appeared and that by virtue of the said Feoffment the aforesaid John Winchcomb and John Knight were seised of the aforesaid Messuage and 26 Acres of Lands in which c. amongst other in their demesn as of Fee upon the condition aforesaid And farther the Jurors aforesaid say upon their Oath That the said John Winchcomb and John Knight being so thereof seised long before the aforesaid time in which c. and within the said one Moneth next insuing after the date of the said writing of Feoffment Indented at Walcot aforesaid in performance of the condition aforesaid and at the request of the said Richard Bridges by their certain writing Indented of Feoffment delivered enfeoffed and delivered and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land in which c. amongst other to the aforesaid Richard Bridges and Johanna his Wife and the heirs of the bodies of them the said Richard and Johanna betwixt them Lawfully begotten and for default of such issue the remaynder thereof to the right heirs of the said Richard Bridges for ever of the chief Lords of the Fee by the services thereof due and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed and bearing date the 6th day of February in the year of the Reign of the aforesaid late King Henry the 8 th the 32 th aforesaid and to the Jurors aforesaid in Evidence shewed it more fully appeareth And that by virtue of the said Feofment the aforesaid Richard Bridges and Johanna were seised of the aforesaid Messuage and 26 Acres of Land in which c. amongst other in their demesn as of Fee tail that is to say to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten the remaynder thereof to the right heirs of the said Richard as above is said And the said Richard and the said Johanna so thereof being had issue of their bodies between them Lawfully begotten one Anthony Bridges his Son yet living and in full life being that is to say at West Shefford in the County of Berks and that afterwards and before the time in which c. the aforesaid Richard Bridges and Johanna of the aforesaid
6 Acres of Wood with the appurtenances in Wimondham which John Smith Gentleman to the aforesaid Arthur demised for a Term which is not yet past he entred and him from his Farm aforesaid did Eject and other harms did to him to the great damage of the said Arthur and against the peace of the Lord the King that now is c. and whereupon the said Arthur by Robert Love his Attorny complaineth that whereas the aforesaid John the 19 th day of October in the year of the Reign of the Lord the King that now is the 8 th at Wimondham had demised to the said Arthur the Tenements aforesaid with the appurtenances to have and to hold to the said Arthur his Executors and Administrators from the Feast of Saint Michael the Archangel then last past for and during the Term of 3 years from thence next following to be compleat and ended by virtu of which demise the said Arthur into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Edward afterwards that is to say the 10 th day of April in the year of the Reign of the said Lord the King that now is of England the 9 th with force and armes c. the Tenements aforesaid with the appurtenances which the aforesaid John to the said Arthur in form aforesaid demised for the aforesaid Term which is not yet past entred and him from his Farm aforesaid did Eject and other harms c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound And therof he bringeth sute c. And the said Edward by Thomas Blofield his Attorny cometh and defendeth the force and injury when c. And saith he is not guilty of the Trespasse and Ejectment aforesaid as the said Arthur against him complaineth and of this puts himself upon the Country And the aforesaid Arthur likewise Therefore it is commanded to the Sherif that he cause to come here from the day of Holy Trinity in three Weeks 12. by whom c. And who neither c. Because aswell c. At which day the Jurors between the parties aforesaid of the Plea aforesaid put was between them in respite here until this day that is to say in 8 dayes of St. Michael then next following unless The Justices of the Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Monday the 15 th day of July next At the Castle of Norwich in the County aforesaid first should come And now at this day cometh as well the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. send here their Record in these words Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assizes in the County aforesaid to be holden assigned by form of the Statute c. came aswell the within named Arthur as the within written Edward Cockle by their Attornies within written And the Jurors of the Jury whereof within is made mention being called likewise came whereof 12. that is to say Robert Seaman Adam Bale Bartholmew Harison Thomas Reynolds William Bidwel Henry Howlet Thomas Crooke Richard Russel Thomas Filney Iohn Freeman John Jewel and Edmond Johnson in the Jury aforesaid are sworn After which one of the Jurors aforesaid that is to say Robert Seaman with the assent of both parties aforesaid and by the Command of the Justices aforesaid from the Pannel aforesaid was utterly drawn c. Therefore with the assent of the parties aforesaid the Jury aforesaid was further put in respite here until in 8. dayes of St. Hillary Therefore that the Sherif have the Bodies c. And appoint Decem Tales At which day here cometh aswell the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the Sherif now sendeth That as to the distreyning of Bartholmew Stone that the Writ was so late delivered to him that for the shortnesse of the time he could not execute it but as to the putting of the Decem Tales whereof in the said Writ was made mention the said Sherif now sendeth That execution thereof doth appear in a Schedule to the said Writ annexed in which Schedule is contained the Pannel of the names of Ten Jurors whereof none c. Therefore the Jury aforesaid again is put in respite here until from Easter-day in 15. dayes unless the Justices of the King To the Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Wednesday in the first Week of Lent at Thetford in the County aforesaid first shall come for default of Jurors c. Therefore that the Sherif distrein the Jurors aforesaid by all their Lands c. And that the issues c. So that they be here unless c. to make the Jury aforesaid c. Norff. ss Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the statute c. cometh aswell the within named Arthur Legat as the within written Edward Cockle by their Attornies within contained And the Jurors of the Jury aforesaid whereof within is made mention being called likewise come who to say the truth of the within contained chosen tryed and sworn say upon their Oath That the late King and Queen Philip and Mary the 9 th day of July in the yeer of the Reigns of the same King and Queen Philip and Mary the 4th and 6th were seised of and in the Mannor of VVimondamâ— in the County aforesaid in their Demesn as of Fee in the Right of hâ—s Crown of England whereof the Lands and Tenements in the Declaration within written then were parcel and the aforesaid late King and Queen Philip and Mary so as before is said of and in the Mannor aforesaid whereof c. being seised The said King and Queen the said 9th day of July in the yeer of the Reigns of the said late King and Queen Philip and Mary the 4th and 6th made their Letters Patents under the great Seal of Eng. to one George Howard Kt. of the aforesaid Lands and Tenements in the Declaration within written named amongst other By the names of 2 pieces of Lands called Nettlehamsted VVikemans containing by estimation 15. Acres lying and VVyndmondham aforesaid in the County aforesaid then or late in the tenure or occupation of Joh. Coleman late to the Monastery of VVyndmondham sometimes belonging and appertaining parcel of the
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
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
year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid in the County of Cambridge was duly and lawfully ordained and made a Graduate of â—â—e University aforesaid that is to say Doctor in Physick according to the Lawes Statutes Constitutions and ordinances of the said University of Cambridge aforesaid and that he the said Thomas Bonham then and there had accomplished all things concerning his Degree aforesaid by his form without grace from time to time according to the Lawes Statutes Constitutions and Ordinances of the said University of Cambridge aforesaid By colour whereof the same Thomas Bonham a Graduate of the University of Cambridge aforesaid that is to say being Doctor in Physick in the form aforesaid who had accomplished all things concerning his Degree aforesaid for his form without any grace The said faculty of Physick from time to time in the said City of London that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did exercise as it was lawful for him to do until the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden together with c. the aforesaid 10th day of November in the 4th yeer abovesaid with force and Arms him the said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and him there in Prison long that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England did detain as the aforesaid Thomas Bonham above against them complaineth and this he is ready to averr Whereupon in as much as the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden the Trespasse and Imprisonment aforesaid above have acknowledged The said Thomas Bonham demandeth Judgement and his damages by reason of the Trespasse and Imprisonment aforesaid to be adjudged unto him c. And the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden say That the aforesaid Plea of the aforesaid Thomas Bonham above by Replication pleaded is not sufficient in Law to the Action of the aforesaid Thomas Bonham against them the said Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden to maintain and that they to that Plea in manner and form aforesaid by Replication pleaded need not nor by the Law of the Land are bound to answer and this they are ready to averr whereupon they demand Judgement and that the said Thomas Bonham from having his Action aforesaid against them to be barred And the aforesaid Thomas Bonham for as much as he sufficient matter in Law to maintain his Action aforesaid against the said Henry Atkins George Thomas Moundford John Argent John Taylor and William Bowden above hath alleged which he is ready to aver which matter the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden do not deny nor to the same any wayes answer but the same averment altogether to admit do refuse as at first he demands Judgement and his damages by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him c. And because the Justices here will avise themselves of and upon the premises aforesaid whereof the parties have put themselves to the Judgement of the Court aforesaid before that they give their Judgement thereof Day is given to the parties here until in 8. dayes of St. Hillary to hear their Judgement thereof because the Justices here are not yet c. Formedon Michaelmass Term Anno 37. 38. Eliz. Rot. 82. in the COMMON PLEAS Lincoln College Case C. 3. part fol. 53. a. Robert Chamberlain Esq by Apollo Plain his Attorny demandeth against the Warden or Rector and Scholars of the Blessed Lady Mary and All Saints of Lincoln in the University of Oxford the Mannors of Pettesho and Eckney with the appurtenances Except 120. Acres of Pasture in Pettesho aforesaid and 30. Acres of Pasture in Eckney aforesaid which Alured Cornburgh Esq Richard Danvers Esq Nicholas Statham and William Callow gave to Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain begotten And which after the death of the aforesaid Richard and Sibil and of Edward Son and Heir of the said Edward Chamberlain and of Leonard Son and Heir of the said Edward and of Francis Son and Heir of the said Leonard to the aforesaid Robert Son and Heir of the aforesaid Francis ought to descend by the form of the gift aforesaid c. Whereupon he saith That the aforesaid Alured Connâ—burgh Richard Danâ—â—rs Nicholas and William gave the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and to the Heirs Males of the Body of the said Richard Chamberlain begotten in form aforesaid c. By which gift the said Richard and Sibil were seised of the said Mannors with the appurtenances that is to say the said Richard in his Demesn as of Fee and Right and the said Sibil in her Demesn as of Free hold by the form c. in the time of peace in the time of the Lord Ed. late King of England the 4th after the Conquest taking thereof the profits to the yeerly value c. And from him the said Richard the Right descended by the form to one Edward as Son and Heir c. And from him the said Edward the Right descended by the form c. to one Leonard as Son and Heir c. And from him the said Leonard the Right descended by the form c. to one Francis as Son and Heir c. And from the said Fran. Son of the said Leonard the Right descended by the form c. to this Robert who now demandeth as Son and Heir c. And which after the death c. And thereof bringeth Sute c. And the aforesaid Warden or Rector and Scholars by William Pain their Attorny come and defend their Right when c. And say That the aforesaid Robert Chamberlain his Action aforesaid against them ought not to have By protestation taking it That the aforesaid Alured Cornburgh Richard Danvers Nicholas Stathum and William Collow did not give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil Fowler in manner and form as in the Declaration aforesaid is alleged For Plea say That long after the time in which the gift aforesaid is supposed to be made Richard Lyster Gent. Martin Linsey John Cotesford John Clayton William Hogeson and Robert Taylor Clerks were seised of the Mannors aforesaid with th appurtenances in their Demesn as of Fee and so being thereof seised The aforesaid Sibil Great-Grandmother of the said Robert Chamberlain whose Heir the same Robert is The 5th day of May in the yeer of the Reign of the Lord Henry late King of England
the 8th the 11th at Pettesâ—o aforesaid By her certain Writing of Release which the said Warden or Rector and Scholars with the Seal of the aforesaid Sibil sealed here in Court bring whose date is the same day and yeer remised released and altogether for her and her Heirs for ever quit claimed to the aforesaid Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor then of the Mannors aforesaid with the appurtenances in form aforesaid being seized in their full and peaceable possession then being their Heirs and Assignes for ever All her Right Claim Title Use Interest and Demand which ever she had now hath or at any time after might have of and in the Mannors aforesaid with the appurtenances And further the said Sibil by her aforesaid Writing granted for her and her Heirs That she the said Sibil and her Heirs the Mannors aforesaid with the appurtenances to the said Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor their Heirs and Assignes against the then Abbot of Westminster and his Successors would warrant and for ever defend as by the said Writing of Release more fully appeareth And this the said Warden or Rector and Scholars are ready to averr whereupon they demand Judgement if the aforesaid Robert Chamberlain against the aforesaid Writing of Release the said Warranty of the said Sibil his Ancestor whose Heir the said Robert is in it contained his Action aforesaid against them ought to have c. And the aforesaid Robert Chamberlain saith that he for any thing before alleged to have his Action aforesaid ought not to be barred because he saith That long before the aforesaid Deed and before the aforesaid Alured Richard Danvers Nicholas Stathum and William Collow had any thing in the Mannors aforesaid with the appurtenances The aforesaid Richard Chamberlain was seized of the aforesaid Mannors with the appurtenances in his Demesn as of Fee And the said Richard so thereof being seized before the gift aforesaid that is to say the 12th day of June in the yeer of the Lord Edward late King of England the 4th after the Conquest the 11th The aforesaid Richard Danvers Alured Cornburgh Nicholas Stathum and William Collow out of the Court of the Chancery of the said late King Edward the 4th at Westminster in the County of Middlesex then being brought and prosecuted a certain Writ of the said late King Edward the 4th of Right against the said Richard Chamberlain then being Tenant of the Free hold of the Mannors aforesaid with the appurtenaces amongst other things to the then Sheriff of the County of Buckingham directed By which Writ the said late King then and there commanded the said Sherif That he should command the said Richard Chamberlain by the name of Richard Chamberlain Esq that justly and without delay he render to the said Richard Danvers Alured Nicholas and William by the names of Richard Danvers Alured Gorneburgh Esq Nicholas Stathum and William Collow the Mannor aforesaid with the appurtenances amongst other by the names of the Mannors of Pettesho and Eckney with the appurtenances 6. Messuages 200. Acres oâ— Land 20. Acres of Medow 200. Acres of Pasture 100. shillings Rent with the appurtenances in Pettesho Eckney Emberton which he claimeth to be his Right Inheritance And whereupon they complained Chamberlain them unjustly deforced and unlesse he do and the aforesaid Richard Danvers Alured Nicholas and William Collow should him the said Sheriâ— secure to prosecute their claim That then he summon by good summoners the aforesaid Richard Chamberlain that he be before the then Justices of the said late King Edward the 4th here that is to say at Westminster aforesaid from the 15. day of St. John the Baptist then nexâ— following to shew wherefore ye shoâ—ld not do And that he have then this summons and that Writ Because Thomas Rokes Esq Chief Lord of the same Fee remised thereof his Court to the said late King Edward the 4th At which 15. dayes of John the Baptist before Thomas Brian Kt. and his Companions then Justices of the said late King Edward the 4th of the Bench here that is to say at Westminster aforesaid came aswell the aforesaid Richard Danvers Alured Nicholas Stathum and William Collow by Thomas Gurney their Attorny as the aforesaid Richard Chamberlain by John Wildstall then his Attorny And then the Sherif of the aforesaid County of Buckingham that is to say Reginald Gray Esq then there returned the Writ aforesaid to him in form aforesaid directed in all things served and executed and sent that the aforesaid Richard Danvers Alured Nicholas and VVilliam Collow found to the said then Sherif sureties to prosecute his Writ aforesaid that is to say Richard Doo and Iohn Roo And that the said Richard Chamberlain was summoned by Iames Tye and Iohn Baker good summoners c. And hereupon The said Richard Danvers Alured Nicholas Stathum and William Callow by the said Thomas Gurney their Attorney in the said Court of the aforesaid late King Edward the 4th of the Bench here that is to say at Wostminster aforesaid at the 15. dayes aforesaid of St. Iohn Baptist Declared against the said Richard Chamberlain of and upon their Writ aforesaid and upon their Writ aforesaid by the same Thomas Gurney demanded against the aforesaid Richard Chambrlain the Mannors Tenements Rents aforesaid with the appurtenances in the said Writ of Right specified as their Right and inheritance by the aforesaid Writ of the said late King Edward the 4th because the aforesaid Thomas Rokes Chief Lord of the same Fee Released thereof his Court to the said late King And whereupon then they said That they themselves were seized of the Mannors aforesaid and of the Rents aforesaid with the appurtenances in the said Writ of Right specified in their Demesn as of Fee and Right in the time of Peace in the time of the said late King Edward the 4th taking the profits therof to the value c. And that such is their Right then they did offer c. And the aforesaid Richard Chamberlain by the aforesaid John Wildstaâ—e by his Attorny came and defended the Right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right c. And all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified and then vouched hereof to warranty Robert King who was present in the same Court in his proper person and willingly the Mannors and Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified to them then did warrant c. Whereupon the aforesaid Richard Danvers Alured Nicholas and William then demanded against the aforesaid Robert Tenant by his warranty the Mannors Tenements and Hereditaments aforesaid in the said Writ of Right specified in form aforesaid c.
the aforesaid Nicholas Evan and Thomas Hartop did not infeoff the foresaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also That the aforesaid Sibil for the better security of the aforesaid Richard Lyster Martin John Cottesford Iohn Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the Appurtenances according to Agreement between them the said Edward Sibil first before the aforesaid Recovery above supposed to be had by her Writing of Release aforesaid did not remise and release to the aforesaid Richard Lyster Martin Iohn Cottesford Iohn Clayton William Hogeson and Robert Taylor as the aforesaid Warden or Rector and Scholars above in their Rejoynder have alleged By Protestation also That the aforesaid Edward Chamberlain at the day of the bringing of the Original Writ of the said Nicholas Evan and Thomas Hartop out of the Court of the Chancery of the aforesaid late King Henry the 8th that is to say the second day of Iune in the yeer of the Reign of the same late King the 4th or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances For Plea The said Robert Chamberlain saith That the aforesaid Pâ—eâ— of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is not sufficient in Law to bar him the said Robert from having his Action aforesaid against the aforesaid Warden or Rector and Scholars aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden or Rector and Scholars as for want of sufficient matter in the said Rejoynder contained And this he is ready to aver wherefore for want of a sufficient Rejoynder of the said Warden or Rector Scholars in this part The said Robert Chamberlain as at first demandeth Judgement seisin of the Mannors aforesaid with the Appurtenances to him to be adjudged c. And the Warden or Rector Scholars in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden or Rector and Scholars above by rejoyning have alleged which they are ready to aver which matter the aforesaid Robert doth not deny nor to the same any wayes Answereth so to admit of the same averment altogether refused as at first demand Judgement And that the aforesaid Robert Chamberlain to have his Action aforesaid be barred And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement because that the said Justices here therof not yet c. At which Day come aswell the aforesaid Robert as the aforesaid Warden or Rector Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of upoÌ„ the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until from the day of Easter in 15. Dayes to hear their Judgment therof because the said Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the said Justices here are thereof not yet At which Day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid and because the Justices here will further avise themselves of upon the Premiseâ— before they give their Judgement thereof further day is given to parties aforesaid here until in 8. dayes of St. Michael to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And upon this the premises being seen and by the Justices here fully understood It seemeth to the same Justices here That the Plea of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is sufficient in Law to barr the said Robert to have his Action aforesaid against the aforesaid Warden or Rector and Scholars Therefore it is granted That the aforesaid Robert take nothing by his Writ aforesaid that he be in Mercy for his false Clamour And that the aforesaid Warden or Rector and Scholars go thereof without Day c. Indictment At the Sessions of Gaol Delivery at Newgate 5 to Decembris in the 8 th Year of King JAMES Machalleys Case Co. 9. part fol. 61. b. AT the Sessions of Gaol Delivery of Newgate holden for the City of London at the Justice Hall in the Old Baily in the Parish of St. Sepulchre without Newgate in the Suburbs of the said City upon Wednesday the 5th day of December in the yeer of the Reign of the Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 8th and of Scotland the 44th Before William Craven Knight Mayor of the City aforesaid Thomas Flemming Knight Chief Justice of the said Lord the King to Pleas before the King himself to be holden assigned George Snigg Knight one of the Barons of the Exchequer of the said Lord the King John Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Thomas Foster Knight one of the Justices of the said Lord the King of the Bench Edward Bromley Knight one of the Barons of the said Lord the King of his Exchequer aforesaid John Sotherton another Baron of his Exchequer aforesaid Henry Mountague Knight Recorder of his said City of London and other of his Companions Justices of the said Loâ—d the King by Letters Patents of the said Lord the King to them and others and to any 4. or more of them thereof made To enquire by the Oaths of good and lawful men of the City London aswel within liberties as without by whom the truth of the matter might best be known of what Treasons soever Misprisions of Treasons Insurrections Rebellions And of whatsoever Murthers Felonies Man slaughters Killings Burglaâ—ies Misdeeds Offences and Injuries whatsoever within the City aforesaid committed in the said Letters Patents specified and to the said Treasons and other the premises according to the Law and Custom of the Kingdom of the Lord the King of England to hear and determine As also Justices of the said Lord the King to Gaol delivery of Prisoners there being assigned by the Oaths of Ralph Edmunds Leonard Harwood John Frost Edward Dames John Lyssant Francis Barton Edward Parnell Thomas Hyet Henry Kent Edward Motley
Humphry Lee Richard Westcot William Fairbrother Edward Faweet and Thomas Smith good and lawful men of the City aforesaid It is presented That whereas upon Saturday the 17th day of November in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King defender of the Faith c. the 8th and of Scotland the 44th in the Court of the Lord the King before Richard Pyot Alderman then and as yet one of the Sherifs of the City of London aforesaid in his Compter situate in the Parish of St. Michael in VVoodstreet London aforesaid according to the Custom of the City aforesaid then holden one Robert Radford had leeved a certain Plaint upon a Plea of Debt of demand of 500. hundred pounds against one John Murray of London Esq The Tenor of which Plaint followeth in these words that is to say Iohn Murray summon against Robert Radford Salter in a Plea of Debt upon demand 500. hundred pounds And thereupon the aforesaid Robert Radford demanded processe against the said Iohn Murray according to the Custom of the City aforesaid to be seved Upon which at the Request of the said Robert Radford in this sort in the same Court it was proceeded That the aforesaid Richard â—yot then and yet one of the Sherifs of the City aforesaid To one Richard Fells then one of the Sergeants at Mace of the Sherif and Minister of the Court aforesaid by word of mouth according to the Custom of the City aforesaid Commanded that he the said Sergeant at Mace should take and arrest the aforesaid Iohn Murray by his Body if he should be found within the Liberties of the City aforesaid so as he have the Body of the said Iohn Murray at the next Court of the said Lord the King at the Guild-hall of the City aforesaid situate in the Parish of St. Lawrence in the Old Iury in the Ward of Cheap London aforesaid upon Wednesday the 21. day of November in the 8. and 44th aforesaid to be holden to answer the aforesaid Robert Radford in the Plea of his Plaint aforesaid By virtue of which Command The said Richard Fells The said Iohn Murray afterwards that is to say the 18th day of the said moneth of November in the said yeers of the Lord the King that now is the 8th and 44th abovesaid between the hour of 5. and 6. in the Afternoon of the same day At London aforesaid That is to say in the Parish of St. Martin Bowyer Row in the Ward of Farrington within London aforesaid in the Common Kings high Way there by his Body took and arrested and then and there had in his custody And the aforesaid Iohn Murrey so under the custody of the said Richard Fells by virtue of the Command aforesaid then and there as before is said being It so then and there happened That the said Iohn Murray late of London Esquire otherwise called John Murray of London Esquire one Iohn Mackall late of London Yeoman otherwise called Iohn Maokallay late of London Yeoman one Iohn Engles late of London Yeoman otherwise called Iohn English late of London Yeoman and one Archibald Miller late of London Yeoman not having the Fear of God before their eyes but moved and seduced by the instigation of the Devil with Force and Armes that is to say with Swords c. to the intent him the said Iohn Murray from his arrest aforesaid then and there to rescous in and upon the aforesaid Richard Fells then there made an assault affray in which said affray The aforesaid Iohn Mackall otherwise called Iohn Mackalley with a sword is called a Rapier made of Iron and Steel of the value of 12. pence wherehe the said Iohn Mackall otherwise called Iohn Mackalley in his right hand then and there had and held the said Richard Fells in and upon the left part of his Body under the left shoulder-blade of the said Richard feloniously voluntarily and of malice forethought then and there struck and thrust in giving to the said Richard Fells then and there with the sword aforesaid called a Rapier in and upon the left part of his Body under the left shoulder one blow and wound mortal of the length of half an Inch and of bredth of half an Inch and of depth 6. Inches of which said stroak and mortal wound aforesaid the aforesaid Richard Fells then and there that is to say in the Parish and Ward last aforesaid presently dyed And further The Jurors aforesaid present That the aforesaid John Murray late of London Esquire otherwise called John Murry late of London Esquire The aforesaid John Engles late of London Yeoman otherwise called John English late of London Yeoman and the aforesaid Archibald Miller late of London Yeoman the said 18th day of November in the yeers 8th and 44th abovesaid between the Hours aforesaid in the Parish Ward and place last aforesaid felonionly voluntarily and of their forethought malice were present fighting procuring helping abetting and comforting the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman to the aforesaid Richard Fells in manner and form aforesaid to be killed and murthered And so the Jurors aforesaid say That the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman John Murray late of London Esquire otherwise called John Murry late of London Esquire John Engles late of London Yeoman otherwise called John English late of London Yeoman and Archibald Miller late of London Yeoman the aforesaid Richard Fells at London aforesaid that is to say in the Parish and Ward last aforesaid feloniously voluntarily and of their forethought malice in manner aforesaid killed and murthered against the peace of the Lord the King that now is his Crown and dignity c. And upon this at the self same Sessions before the aforesaid Justices the aforesaid John Murray otherwise Murry John Mackal otherwise Mackalley Io. Engles otherwise English Archibald Miller in the Custody of the said Richard Pyot and Francis Jones Sherifs of the City aforesaid being in the Gaol of Newgate aforesaid to the barr there brought in their proper persons came and severally being asked how of the Felony and Murther aforesaid they would acquit themselves Every one of them for himself severally said that he is not thereof guilty And thereof for good and ill severally put himself upon the Country And Richard Langley Esq who in this behalf followeth for the Lord the King likewise Therefore immediatly came a Jury thereof and the Jurors of that Jury by the Sherifs aforesaid of the City aforesaid Impannelled being called that is to say VVil. Morgan Tho. Dalbit Tho. Evans Tho. Austin Solomon Green VVil. Chewn VVilliam Ellil Metcalse Allington Iohn Drake VVil. Taylor Owen Dames and Tho. Damport appeared who to speak the truth of and upon the premises chosen tryed and sworn say upon their Oath That the City of London is and all
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
and Dignity c. And afterwards That is to say at the Gaol Delivery of the Lord the King at Newgate holden by the City of London aforesaid at the Justice Hall situate in the Old Baly in the Parish of St. Sepulcher in the Ward of Farrington without London aforesaid the 23d day of Iune in the yeer of the Reign of the said our Lord Iames by the Grace of God of England France and Ireland the 10th and of Scotland the 45th before Iames Pemberton Knight Mayor of the City of London aforesaid The right Reverend Father in God Iohn Bishop of London Thomas Flemming Knight Lord Chief Justice of the Lord the King to Pleas before the King himself to be holden assigned Edward Coke Kt. Chief Justice of the said Lord the King of the Bench Lawrence Tanfeild Knight Chief Baron of the Exchequer of the Lord the King Christopher Yelverton Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned David Williams Knight another of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned John Croke Knight another of the Justices of the said Lord the King to Pleas to be holden before the King himself to be holden assigned Stephen Soan Knight John Garrard Knight Thomas Bennet Knight Baptist Hicks Knight Francis Bacon Solicitor General of the Lord the King Henry Mountague Knight one of the Kings Serjeants at Law and Recorder of the City of London aforesaid and other their Fellows Justices of the Lord the King To his Gaol aforesaid of Prisoners in the same being to be delivered assigned The aforesaid Robert Carliel and James Irweng under the custody of Edward Barkham and George Smythes Sherifs of the City aforesaid to the Barr aforesaid brought in their proper persons came and severally being asked how of the Felony and Murder aforesaid they would acquit themselves The said Robert Carliel saith That he cannot deny but that he is guilty of the Felony and Murder aforesaid to him in form aforesaid imposed and the Felony and Murder aforesaid expresly confesseth and thereof putteth himself upon the Mercy of the King and the aforesaid James Irweng saith That he of the Felony and Murder aforesaid to him in form aforesaid imposed is not guilty and thereof for good and ill puts himself upon the Country Therefore immediately he cause a Jury to come c. And the Jurors of the Jury aforesaid by the aforesaid Sherifs of the City aforesaid to this impannelled being called that is to say Humphry Slâ—cy William Morgan Rouland Healing Hugh Hawesh Henry Colthurst William Hicks William Hayes Richard Bridges William Wilde John Palmer Solomon Green and Richard Rudd came who to say the truth of and upon the premises to the said Iames Irweng imposed chosen tryed and sworn say upon their Oath aforesaid That the aforesaid John Irweng is guilty of the Felony and Murder to him in form aforesaid imposed in manner and form as by the indictment aforesaid against them it is supposed And that he the time of the Felony and Murder aforesaid in form aforesaid committed or ever after had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid Upon which the said Robert Carliel and Iames Irweng being severally spoken unto If they had any thing for themselves or could say Wherefore the Court aforesaid to Judgement and Execution of them and either of them of the premises ought not to proceed who said nothing but what at first they had said Upon which then and there It is considered by the said Justices That the aforesaid Robert Carliel and James Irweng to the Gaol of Newgate aforesaid from whence they came should be sent back and thence be lead and either of them be lead unto the place of Execution and there be hanged and either of them be hanged until c. The Indictment of Robert Creighton Esq THE Jurors present for the Lord the King upon their Oath That Middle whereas Robert Carliel late of London Yeoman and James Irweng late of London Yeoman Not having God before their Eyes but seduced by the instigation of the Devil the 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London that is to say in the Parish of St. Dunston in the West in the Ward of Farrington without London aforesaid c. with Force and Armes c. Feloniously and of their fore-thought Malice in and upon one John Turner then and there in the Peace of God and of the said Lord the King being made an Aassult and Affray And the aforesaid Robert Carliel a certain Gun called a Pistoll of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the said Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously Voluntarily and of his Malice fore-thought did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid Iohn Turner in and upon the left part of the Body of him the said Iohn Turner then and there feloniously struck giving to the said Iohn Turner then and there with the leaden Bullet aforesaid neer the left papp of him the said Iohn Turner one mortal Wound of the Breadth of half an inch and Depth of 5. inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that James Irweng Feloniously and of his fore-thought Malice then and there was present ayding assisting abetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid to be done and committed And so the aforesaid Robert Carliel and James Irwenge the aforesaid John Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice killed and Murdered against the Peace of the Lord the King that now is his Crown and Dignity one Robert Creighton late of the Parish of St. Margaret in the County of VVestminster Esquire not having God before his Eyes but being seduced by the Instigâ—tion of the Devil before the Felony and Murder aforesaid by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed that is to say the 10th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 10th and of Scotland the 45th the aforesaid Robert Carliel at the aforesaid Parish of St. Margaret in Westminster aforesaid in the County of Middlesex aforesaid to the Felony and Murder aforesaid in manner and form aforesaid done
and committed Malitiously Feloniously Voluntarily and of his fore-thought Malice did stir up abet counsel and procure against the Peace of the said Lord the King that now is his Crown and Dignity c. By Indictments Trinitat 10. of King James Information In the remembrances of the Exchequer of the 34 th yeer of Queen Elizabeth that is to say Amongst the Records of the Term of St. Hillary in the year aforesaid Rot 149. remaining in the Exchequer in the Custody of the Queens Remembrancer there amongst other things it is contained thus Porters Case C. 1. part fol. 16. b. MEmorandum That John Popham Esquire the Queens Attorny General Lond. ss who followeth for the Lady the Queen being present in this Court the 3d. day of February for the Queen gave the Court to understand and be informed That whereas All that the Key and Wharf called the Old Woolkey and all Messuages Buildings Lands Advantages Commodities and Profits to the same any way belonging or appertaining situate and being in the Parish of All Saints Barking in the City of London in the hands and possession of the said Lady the Queen that now is the 26â—h day of Ianuary in the year of her Reign the 34th and long before were and stood and of Right ought to be as in the Right of her Crown of England as in very many Records Rolls and Remembrances of this Exchequer it more fully appeareth of Record Yet one Iohn Porter Fishmonger and Henry Cockain the Lawes of the said Lady the Queen that now is little regarding but indending the dissenherisin of the Lady the Queen in the premises with Force and Armes c. the aforesaid 26th day of January in the 34th yeer aforesaid in and upon the possession of the said Lady the Queen that now is of the Premises Entred Intruded and made Entry And the issues and profits thereof arising took and had to their own uses and dâ— yet take and have the Trespasse aforesaid hitherto and yet continuing in contempt of the said Lady the Queen and contrary to her Lawes Whereupon the aforesaid Attorny General of the said Lady the Quen that now is for the said Lady the Queen prayeth the advise of the Court in the premises And that the aforesaid Iohn Porter and Henry Cockain come here to answer the said Lady the Queen in the premises Upon which c And the aforesaid Sherifs of the said City of London that they attatch the said John and Henry in form aforesaid so as c. in 8. dayes of the Purification of the blessed Mary the Virgin this Term Before which day that is to say the 4th day of February The aforesaid John Porter here in Court found and of the premises by the Barons here be spoken to of the premises is committed to the Prison of the Lady the Queen of the Fleet there to stay until c. And presently the same day brought hither to the bar by the Warden of the Prison aforesaid by favour of the Court was let to bail to Henry Cockain of the Parish of All Saints Barking and Robert Dodd of the Parish of St. Buttolph without Algate London that is to say to every of them Body for Body untill the next day and so from day to day and from Term to Term untill c. By Colour of which Bail the said John Porter from the Prison aforesaid is delivered And thereupon came then here the said Iohn Porter and Henry Cockain that is to say the said Iohn Porter in his proper person and the aforesaid Henry Cockain by Arthur Salway his Attorny specially admitted by the favour of the Court. And pray c. the hearing of the Information aforesaid And it is read unto them Which being read and by them understood The said Iohn Porter and Henry complain them to be by colour of the premises in the Information specified to be grievously troubled and inquieted and that not justly For taking it by Protestation that the Information aforesaid and the matter in the same contaned is not sufficient in Law To which they have not necessity by the Law of the Land to Answer Yet for Plea as to the Force and Armes and what is contrary to the Peace of the said Lady the Queen or in contempt of the said Lady the Queen The said John Porter and Henry say in nothing thereof they are guilty nor any of them is guilty And of this they put themselves upon the Country And the aforesaid Attorny General likewise and as to the Entry Intrusion and ingresse in all that the aforesaid Key and Wharf called the Old Woolkey and the aforesaid Messuages Buildings and other premises with the appurtenances in the Information above specified supposed to be done The said John Porter and Henry say That the said Lady the Queen that now is them the the said Iohn Porter and Henry or any of them thereof ought not to trouble Because they say That long before the aforesaid 26th day of January in the said Information mentioned One the Lady Avice â—nevet Widow late the Wife of Nicholas Gibson of London Grocer was seized of and in all that aforesaid Key and Wharf and other the premises with the appurtenances in the said Information specified in her demesn as of Fee And so being seised The said Lady Avice before the time in which it is supposed the Entry Intrusion and Ingresse to be done that is to say the 13th day of April in the Reign of the Lord Edward late King of England the Sixth at London in the Parish of All Saints Barking aforesaid in the Ward of the Tower of London Demised all that the aforesaid Key and Wharf and other the premises with the appurtenances to one Bartholmew Gibbs To have to him and his Assignes from the Feast of the Birth of our Lord in the yeer of our Lord 1566. from thence next insuing unto the end and Term of 40. yeers from thence next following and fully to be ended By virtuâ— of which Demise the aforesaid Bartholmew after the aforesaid Feast of the Birth of our Lord in the aforesaid yeer of our Lord 1566. and before the aforesaid time in which c. entred and was thereof possessed and so being thereof possessed The said Bartholmew before the time in which c. that is to say the First Day of January in the yeer of our Lord 1552. at London aforesaid in the Parish and Ward aforesaid made his Testament and Last Will in Writing and of the same his Testament and Last Will made and constituted one Alice his then Wife his Executrix And afterwards the said Bartholmew the same Day and Yeer there dyed of all the aforesaid Key and Wharf and other the premises with the appurtenances possessed After whose Death and before the time in which c. the same Alice taking upon her the Charge and Execution of the Testament and Last Will aforesaid in all the aforesaid Key and Wharf and other the premises with
the appurtenances entred and was thereof possessed and so being thereof possessed The same Alice before the time in which c. that is to say the 4th day of May in the yeer of the Reign of the late Queen Mary the First at London in the Parish and Ward aforesaid took to Husband one Thomas Wilcox by which the said Thomas and Alice in the right of the said Alice were of all that the aforesaid Key and Wharf and of other the premises with their appurtenances possessed And so thereof being possessed The said Thomas Wilcox and Alice before the time in which that is to say the 16th day of November in the yeers of the Reign of the Lord Philip and the Lady Mary late King and Queen of England the First and Second at London in the Parish and Ward aforesaid by their Writing sealed with their seals and here into Court brought whose Date is the same Day and Yeer Gave and Granted all their Right Title Interest and Term of Yeers which they the said Thomas and Alice then had to come of and in all that the aforesaid Key and Wharf and the rest of the premises aforesaid with their appurtenances by reason of the execution of the Testament of the aforesaid Bartholmew Gibbs aforesaid to one Iohn Haynes By virtue of which Gift and Grant The same John Haynes before the time in which c. into all that the aforesaid Key and Wharf and other the premises with the appurtenances entred and was thereof possessed so being thereof possessed the said I. Haynes before the time in which c. that is say the 21. Day of Decem. in the Yeer of our Lord 1559. at Lond. aforesaid in the Parish aforesaid made his Test Last Will in Writing by the same devised and bequeathed the premises to one Joice then his Wife and thereof made and constituted c. Joice then his Wife his Executrix and afterwards the same Day and Yeer there of all the aforesaid Key and Wharf and other the premises with the appurtenances dyed possessed After whose Death and before the time in which c. the aforesaid Joice taking upon her the Charge of Execution of the Testament and will of the aforesaid John Haynes into all the aforesaid Key and Wharf and other the premises with the appurtenances entred and was thereof possessed by virtue of Execution of the same Testament and Last Will of the aforesaid Iohn Haynes and so being thereof possessed the said Joice before the time in which c. that is to say the 6th day of October in the yeer of the Reign of the said Lady the Queen that now is the 31. at London in the Parish and Ward aforesaid took to Husband the aforesaid John Porter By which the said John Porter was and yet is thereof possessed By Colour of which the same John Porter in his own Right and the aforesaid Henry Cockain as Servant of the said Iohn and by his Commandment unto all the aforesaid Key and Wharf and other the premises with the appurtenances in the said Information specified the said time in which c. Entred and the Issues and Profits thereof by the whole time in the said Information specified took and had and do yet take and have as to them it was and is lawful Without that that the said Iohn Porter in and upon the possession of the said Lady the Queen of the aforesaid Key and Wharf with the appurtenances in the said Information mentioned or any part thereof intruded or either of them did intrude in manner and form as in the said Information above is supposed And without that that the aforesaid Key and Wharf and other the premises with the appurtenances in the said Information mentioned or any parcel thereof the said 26th Day of Ianuary in the Yeer 34th aforesaid in the same Information mentioned or ever before or after stood or were or was in the Hands and possession of the said Lady the Queen that now is in manner and form as in the said Information is before supposed And also without that that there is any Record Roul or Remembrance in the Court of the Exchequer here besides the Record of the Information aforesaid by which it may appear the aforesaid Key and Wharf and other the premises or any parcel thereof with the appurtenances to be or of Right to be in the hands and possession of the said Lady the Queen that now is All and singular which the said John Porter and Henry Cockain are ready to aver as the Court here c. Whereupon they pray Judgement and that they as to the premises from this Court be dismissed c. and each of them be dismissed And because the Court will avise of the Plea aforesaid until further c. Day is given here to the aforesaid John Porter and Henry Cockain in the same state as now it is until to 15. Dayes of Faster at which Day the aforesaid Iohn and Henry came here as before And the aforesaid Iohn Popham Esquire Attorny General of the Lady the Queen that now is and who followes for the said Lady the Queen present here in Court the same Day in his proper Person By Protestation not acknowleging any thing in the Plea of the said Iohn Porter and Henry Cockain by them before pleaded to be true in manner and form as the said Iohn Porter and Henry Cockain in the Plea of the said Iohn Porter and Henry Cockain by them above pleaded to be true in manner and form as the said Iohn Porter and Henry Cockain in their Plea aforesaid above have pleaded Yet for Replication The same Attorny of the said Lady the Queen that now is for the said Lady the Queen saith as he formerly said That the aforesaid Iohn Porter and Henry Cockain in and upon the possession of the said Lady the Queen that now is in the aforesaid Key and Wharf called the Old Woolkey and other the premises in the Information aforesaid specified entred intruded and made entry in manner and form as in the Information aforesaid above it is alleged And of this The Attorny of the said Lady the Queen for the said Lady the Queen prayeth that it may be inquired of the Country And the said Desendants say as before and pray likewise Therefore that inquiry be made thereof c. And it is commanded to the Sherifs of London that they do not omit c. And that they cause to be here from Easter in one Moneth the same Term 12. free and lawful men of our Balywick of the Neighbourhood of the Parish of All Saints Barking in the City of London aforesaid c. whereof each c. by whom c. and who neither c. And the same Day is given here to the said Iohn Porter and Henry Cockain at which day the said Iohn and Henry come here as before and the Sherifs that is to say William Rider and Benedict Burnham returned the Writ aforesaid together
with the Pannel of the names of the Jurors which are in the file of Writs executed for the Queen of the 34th Yeer of the Reign of the said Lady the Queen that now is with the Remembrancer of London And the Jurors did not appear Therefore it was coÌ„manded the Sherifs that they distrein the Jurors by their Lands c. So that c. in 8. Dayes of Holy Trinity or in the mean time before the Beloved and Faithful to the Lady the Queen Roger Manwood Knight Chief Baron of this Exchequer at Guiâ—d-hall of the City of London aforesaid upon Fryday the 26th day of May in the Yeer of the said Lady the Queen that now is the 34th in the Afternoon of the same Day if he shall first come thither And it is said to the aforesaid Iohn Porter and Henry Cockain that they keep their Day before the aforesaid Chief Baron at the said Day and Place and that they be here at the said 8. dayes of Holy Trinity to hear their Judgement If c. At which day the said John Porter and Henry Cockin come here as before And the aforesaid Chief Baron before whom delivered here the Tenor of the Record aforesaid in form aforesaid directed which is amongst the Inquisitions and Extents of this Yeer of the 34th of the Reign of the Queen that now is with this Remembrancer indorsed thus ss Afterwards that is to say the Day and Place within contained before Roger Manwood Knight Chief Baron of the Exchequer of the said Lady the Queen came aswell the within named John â—opham who prosecutes for the said Lady the Queen as the said within written John Porter and Henry Cockain in their proper persons and the Jurors of the Jury whereof within mention is made being called some of them appeared and some of them not as it appeareth in the Pannel c. And some of them now appearing that is to say Roger Tasker Humphry Street George Gunbey Thomas Cox Thomas Langhorn John Eaton William Fruit and John Math upon the Jury aforesaid are sworn and because the rest of the Jurors of the Jury did not appear therefore others of the standers by by the Sherifs of the County aforesaid to be chosen at the Request of the said John Popham and by the command of the aforesaid Chief Baron were new put whose names to the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurors so anew put that is to say Thomas Wiggs Henry Ayleward Ralph Baily and Cutbert Booth being called likewise came Who to the truth of the matter within contained together with the other Jurors aforesaid first impannelled and sworn say upon their Oath That long before the aforesaid time of Intrusion aforesaid above supposed to be done One Nicholas Gibson was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified in his Demesn as of Fee and the Wharf and Tenements aforesaid held of the Lady the Queen in Socage that is to say of the free Borough of the City of London by fealty onely And so being thereof seized the said Nicholas afterwards and before the time of the Intrusion aforesaid c. that is to say the 23d day of September in the yeer of the Reign of the Lord Henry late King of England the 8th the 32th at London in the Parish of St. Dunstans in the East made his Testament and last Will in Writing and constituted one Avice then his Wife Executrix of his said Will and by the said his Will bequeathed and devised amongst other things the Whars and Tenements aforesaid with the appurtenances to the aforesaid Avice and her Heirs in these English Words and in form following That is to say In the name of God Amen I Nicholas Gibson Citizen and Grocer of London whole of Mind and of perfect Memory albeit sick of Body make this my present and last Will and Testament aswel concerning the Order and Disposion of my Goods Chattels and other things moveable as of my Lands and Tenemetns Rents Reversions and Services and Hereditaments whatsoever First I give and bequeath my Soul unto Almighty God my Maker Redeemer and Saviour and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson my sole Executrix under written whom I put in special trust that she shall see these things hereafter declared to be well and truly executed don and declared and performed as hereafter shall be recited Unto whom also I give and bequeath All my Goods Chattels Debts and other things as well moveable as unmoveable real and personal Lands and Tenements Rents Reversions Services and all my other Profits and Commodities and other Hereditaments whatsoever with all and singular the appurtenances To have and to hold possesse and injoy All and singular my said Lands and Tenements Rents Reversions and Services with the appurtenances Goods Chattels and other things and all and singular other the premises with the appurtenances unto the said Avice Gibson her Heirs Executors Administrators and Assignes for ever upon condition following That is to say Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases Mansions and places convenient for a Free-school the Master of the same and certain Beadmen and Beadwomen and that the same cannot be established to continue without great charges to be imployed and bestowed upon the same and also Lands and Tenements and other Hereditaments to be assured for the continuance of the same I Will and Declare by this my last Will and Testament That the said Gift Legacy and bequest of my Lands and Tenements Goods Chattels and other things aforesaid shall inure and take effect by reason hereof unto my said Wife upon condition following That is to say That my said Wife by the Advice of Learned Counsel in all convenient speed after my decease shall assure give and grant all my said Lands and Tenements and other Hereditaments whatsoever for the maintainanee of the said Free-school Almesmen and Almeswomen for ever if it shall please God that my said Wife Avice Gibson shall have all the Issues Revenewes and Profits yeerly comming arising and growing of the premises during her life bearing the charges for the keeping of the said School Beadmen and Beadwomen and other charges for the maintainance of the premises in manner and form as I the said Nicholas have kept and maintained the same and as the same is now kept and maintained without any diminution in any wise Which Avice Gibson I make my sole Executrix of this my present Testament and last Will. These being Witnesses Thomas Rushton Sergeant at the Law William Gunston Esquire Thomas Wood Cooper Thomas Reinolds Clothworker and Iohn Mucklow Scrivener In witnesse whereof I have hereto put my Seal Given the 23th Day of September in the yeer of our Lord God 1540.
and in the 22d year of the Reign of our Sovereign Lord King Henry the 8th as by the said Will more fully appeareth And afterwards the said Nicholas Gibson at London in the Parish of St. Dunstan in the East aforesaid the 6th Day of October in the yeer of the Reign of the said Henry late King of England the 8th the 32th aforesaid dyed of such his estate so seized of the Wharf and Tenements aforesaid with appurtenances without issue of his â—ody begotten After the death of which Nicholas The aforesaid Avice in the aforesaid Parish of St. Dunstan took upon her the charge of Execution of the Testament aforesaid And before the aforesaid time of Intrusion aforesaid supposed that is to say the 13th Day of April in the yeer of the Reign of the Lord Edward late King of England the 6th the third At London in the Parish of All Saints Barking aforesaid demised the Wharf and Tenements aforesaid with the appurtenances to one Bartholmew Gibbs To have and to hold to him and his Assignes from the Feast of the Birth of our Lord which then should be in the yeer of our Lord 1566. until the full end of 40. yeers from thence next following and fully ended By virtue of which demise The same Bartholmew was of the Interest of the Term aforesaid possessed and so thereof being possessed The said Bartholmew before the time in which c. that is to say the first Day of January in the yeer of our Lord 1522. at London in the Parish of All Saints aforesaid made his Testament and last Will in Writing and constituted and ordained one Alice then his Wife his Executrix of his said last Will and Testament And afterwards the said Bartholmew then and there dyed of such his estate possessed of the Wharf and Tenements aforesaid with the appurtenances After whose death and before the time in which c. the said Alice took upon her tharge of the Execution of the Testament aforesaid in the aforesaid Parish of All Saints and was of the Interest of the Term aforesaid of 40. yeers possessed as Executrix of the Testament of the said â—artholmew and so thereof being possessed The said Alice Before the time in which c. at London in the Parish of All Saints aforesaid took to Husband one Thomas Wilcox By which The said Thomas and Alice before the time in which c. were of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed and the said Thomas and Alice so thereof being possessed before the time in which c. that is say the 16th Day of December in the yeer of the Reign of the Lady Mary late Queen of England the second At London in Parish of All Saints Barking aforesaid granted all their Estate Interest and Term of years which they then had of and in the Wharf and Tenements aforesaid with the appurtenances to one Iohn Haynes By virtue of which Grant The said Iohn Haynes was of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed And so thereof being possessed The same Iohn Haynes before the time in which c. that is to say the 21. Day of September in the yeer of our Lord 1559. at London in the Parish of All Saints Barking aforesaid made his Testament and last Will in Writing made ordained one Joyce his then Wife his Executrix of hiâ— said last Will and by the same his Will willed and bequeathed all his Estate Interest and Term of yeers which he then had of and in the Wharf and Tenements aforesaid with the appurtenances to the said Joyce And afterwards the said Iohn Haynes at London in the Parish of All Saints Barking aforesaid of such his Estate of and in the Wharf and Tenements aforesaid with the appurtenances dyed possessed After whose Death the said Joyce took upon her the charge of the Execution of the Testament aforesaid and was of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed And so thereof being possessed the said Joyce before the time in which c. At London in the Parish of All Saints aforesaid took to Husband the aforesaid Iohn Porter By which the said Iohn Porter and Joyce were of the Interest of the aforesaid Term of 40. years of and in the Wharf and Tenements aforesaid with the appurtenances possessed And the Jurors aforesaid further say upon their Oath That one Iohn Gibson is Cosen and Heir of the said Nicholas Gibson that is to say Son and Heir of Hugh Gibson deceased Brother and Heir of the said Nicholas Gibson And that the said Iohn Gibson before the time in which c. that is to say the 24th Day of January in the yeer of the Reign of the Lady the Queen that now is the 34th into the Wharf and Tenements aforesaid with the appurtenances by force of the Testament and last Will of the said Nicholas Gibson by colour of Forfeiture and by reason of the Condition in the said last Will before specified by the aforesaid Avice in her life forfeited and broken entred and was thereof seized in his Demesn as of Fee And so thereof being seized The said John Gibson before the time in which c. that is to say the 25th Day of Janbary in the yeer of the Reign of the said Lady the Queen that now is the 34th By his Writing indented bearing Date the same Day and yeer in the Court of the said Lady the Queen of her Chancery at Westminster being in due manner inrolled and to the Jurors in Evidence shewed Bargained Granted and Sold the Wharf and Tenements aforesaid with the appurtenances to the said Lady the Queen that now is To have and to hold to the said Lady the Queen that now is her Heirs and Successors for ever By Colour of which Grant Bargain Sale and Inrollement The said Lady the Queen that now is was of the Wharf and Tenements aforesaid with the appurtenances seized in her Demesn as of Fee in the Right of the Crown of England and the said Queen that now is so thereof being seized The aforesaid John Porter claiming the Wharf and Tenements aforesaid in his own Right and the aforesaid Henry as Servant of the said John Porter and by his Commandment the aforesaid time in which c. into the Wharf and Tenements aforesaid with the appurtenances upon the possession of the said Lady the Queen that now is thereof entred and made ingresse But whether upon the whole matter aforesaid by them the Jurors in form aforesaid found the aforesaid entry of the aforesaid John Porter and Henry into the Wharf and Tenements aforesaid with the appurtenances be an Intrusion upon the possession of the said Lady the Queen of the Wharf and Tenements aforesaid or not The said Jurors thereof pray the
advise of the said Court of Exchequer here c. And if upon the whole matter aforesaid by them the Jurors in form aforesaid â—ound It shall seem to the said Barons and Court here That the aforesaid Entry of the aforesaid John Porter and Henry into the Wharf and Tenements with the appurtenances be and ought to be adjudged an Intrusion upon the possession of the said Lady the Queen Then the said Jurors say upon their Oath That the aforesaid John Porter and Henry in and upon the possession of the said Lady the Queen that now is of the aforesaid Key and Wharf called the Old Woolkey and other the premises in the Information above alleged entred intruded and made ingresse in manner form as in the Information aforesaid above is alleged And if upon the whole matter aforesaid by them the Jurors in form aforesaid found It shall seem to the Barons and Court here That the aforesaid Entry of the aforesaid John Porter and Henry into the Wharf and Tenements aforesaid with the appurtenances be not nor ought to be adjudged an intrusion upon the possession of the said Lady the Queen of the aforesaid Wharf and Tenements aforesaid with the appurtenances Then the same Jurors say upon their Oath That the said John Porter and Henry in and upon the possession of the said Lady the Queen that now is of the aforesaid Key and Wharf called the Old Wolkey and other the premises in the said Information above alleged did not intrude and make Entry in manner and form as in the Information aforesaid above is alleged And because the Court here will avise of the premises before further c. Day is given here to the said John Porter and Henry Cockain in the same state that now is until 8. dayes of St. Michael before which day that is to say in the Morrow of St. Michael in the yeer of the Reign of the Lady the Queen that now is the processe aforesaid with all things touching the same by the Writ of the Lady the Queen of Common Adjournment under her great Seal of England bearing date at VVestminster the 23d Day of September in the Yeer of the Reign of the said Lady the Queen that now is the 34th aforesaid to the aforesaid Treasurer and Barons of the Exchequer directed which is inrouled elâ—ewhere in the Remembrances of this Exchequer of the aforesaid 34th yeer of the Queen that now is amongst the Records of this Exchequer of the Term of St. Michael Rott On the part of this Remembrancer until a Moneth of St. Michael then next following At which Day the said Processe aforesaid with all things touching the same by another like Writ of Common Adjournment bearing Date at Hampton Court the 25th Day of October in the 34th yeer aforesaid and amongst the Records of the said Term of St. Michael in the Roul aforesaid with the part of the Remembrancer aforesaid likewise Inrouled are further adjourned until the Morrow of All Souls at Westminster aforesaid unto the Castle of the Lady the Queen of Hartford in the County of Hartford And the same Day is given here to the aforesaid John Porter and Henry Cockain At which Day the said John and Henry come here as before And the Verdict aforesaid being seen and the other premises by the Barons here and the mature deliberation thereof amongst them being had Because upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It seemes to the Barons here That the entry of the aforesaid John Porter and Henry Cockain in the Wharf and Tenements aforesaid with the appurtenances is an Intruâ—â—on upon the possession of the said Lady the Queen of the Wharf and Tenements aforesaid Therefore it is granted by the same Barons That the aforesaid John Porter and Henry Cockain of the aforesaid Entry Intrusion and Ingress in and upon the possession of the said Lady the Queen of the aforesaid Key and Wharf and other the premises be convicted and either of them be convicted And that the aforesaid Wharf and Tenements with the appurtenances into the Hands of the said Lady the Queen that now is be taken c. And that the said John Porter and H. Cockain be Attached by their Bodies wheresoever c. to make a Fine for the contempt aforesaid c. And further to do what to the Court c. And it is commanded to the Sheriffs of London that they attach them in form aforesaid so that c. in 8. Day of St. Hillary Before which Day that is to say The 28th Day of November in the yeer 35th of the Queen that now is the Process aforesaid together with all things touching the premises were further adjourned by another Writ of Common Adjournment under the great Seal of England to the Treasurer and Barons of this Exchequer directed which is inâ—ouled elsewhere in the Remembrances of this Exchequer of the 34th yeer of the Queen that now is ended and the 35th began with the said Remembrancer from the aforesaid Castle of Hartford unto Westminster aforesaid At which Day the said John Porter and Henry Cockain at Westminster aforesaid come here as before And the Sheriffs did not return the Writ Yet the aforesaid John Porter and Henry Cockain at the same time come here as before And for the premises submitted themselves to the favour of the Court And that they might not be further in the premises troubled prayed with the favour of the Court to be admitted to make a reasonable Fine with the Lady the Queen in the premises which by the Court here is granted to them And upon this by colour of a Writ of the said Lady the Queen of her privy Seal To the Treasurer Chancellor and Barons and other Officers of this Court of Exchequer of the second yeer of this Queen that is to say amongst the Writs directed to the Barons and in the Term of Easter in this Exchequer inrouled remaining with the Remembrancer of the Queen of Persons to be admitted by the aforesaid Treasurer Chancellor Barons and other Officers of this Exchequer according to their discretions they are admitted to make such Fine c. according to the Tenor of the aforesaid Writ and made a Fine in the premises as is contained in these Remembrances that is to say amongst the Fines of this Term one the part remaining of the Remembrancer of the Queen By Colour of which Fine It is granted to the Barons here That against the aforesaid John Porter and Henry Cockain for the Contempt aforesaid there he not here further Execution made c. Information Trinity Term Anno 37º Eliz. Rot. 199. in the Exchequer The Case of Alton Woods Co. 1. parâ— fo 26. MEmorandum that it is found in the Remembrances of this Exchequer in the 37th year of Queen Elizabeth that is â—o say amongst the Records of this Term of Holy Trinity with the part of the Queens Remembrancer in these words That is to say Worcester ss
Memorandum That Edward Coke Esquire The Attorny General of the Lady the Queen that now is who prosecutes for the said Lady the Queen present here in Court the 20th Day of June this Term in his own person for the said Lady the Queen gave the Court here to understand and be informed That whereas a Wood with the appurtenances called Alcon otherwise Aluington Wood containing by estimation 3000. Acres of Wood in Alton otherwise Aluington and Rock in the aforesaid County of Worcester in the Hands and possession of the said Lady the Queen that now is the first Day of October in the first yeer of her Reign and long before and continually after were and stood and of Right ought to be and yet ought as in the Right of her â—rown of England as in very many Records Roules and Remembrances of this Exchequer it is evident and appeareth upon Record Yet one Ann Countess of Warwick Humphry Hill Richard Bushopp and Edward Bushopp little regarding the Lawes and Statutes of the said Lady the Queen that now is but intending the Disenherism of the Lady the Queen in the premises with Force and Armes c. the first Day of October in the yeer of the Reign of the said Lady the Queen that now is the 27th and diverse Dayes and turns between the same first Day of October in the 27th yeer and the Day of Exhibiting of this Information in and upon the possession of the said Lady the Queen of the premises Entred Intruded and made Entry and the Issues and Profits thereof coming perceived to their own uses and had and as yet do perceive and have the same Trespass continuing and as yet continuing in contempt of the said Lady the Queen that now is and against her Lawes Whereupon the aforesaid Attorny of the said Lady the Queen for the said Lady the Queen prayes the Advise of the Courâ— in the premises And the aforesaid Ann Countess of Warwick Humphry Hâ—ll Richard Bishopp and Edward Bishopp come here to answer the said Lady the Queen of and in the premises as it is contained there And now that is to say From the day of Holy Trinity in three Weekes this Term came here the aforesaid Richard Bishopp by Arthur Salwaie his Attorny to this by special favour of the Court admitted and prayeth the hearing of the Information aforesaid and it is read unto him c. Which being read and heard and by him the said Richard fully understood The said Richard complaineth by colour of the premises in the Information aforesaid above specified to be troubled and unquietted and that not justly Because By Protestation that the Information aforesaid and matter in the same contained is not sufficient in Law and to which the said Richard is not necessitated nor by the Law of the Land bound to answer in any manner By Protestation also That the Wood aforesaid in the Information aforesaid above mentioned doth not contain nor the aforesaid time of the Trespass and Intrusion aforesaid above supposed to be done did contain in it 3000. Acres in manner and form as by the Information aforesaid above is supposeed Yet for Plea The said Richard as to the Force and Armes or whatsoever is against the Peace of the said Lady the Queen that now is As also the whole Trespass Contempt and Intrusion in the Information aforesaid above specâ—fied supposed to be done besides the Entry and Ingresse into the Wood aforesaid called Alton Wood otherwise Alvington Wood the 21th Day of February in the Yeer of the Reign of the Lady the Queen that now is the 32th and from the same Day until the Day of Exhibiting of the Information aforesaid and besides the perceiving the Issues and Profits thereof by that time comming above supposed The said Richard saith that he in nothing thereof is guilty in manner and form as by the Information aforesaid above is supposed and upon this puts himself upon the Country And the aforesaid Attorny General of the said Lady the Queen that now is who for the said Lady the Queen in this behalf prosecutes likewise c. Therefore an Inquisition be made thereof c. And as to the Entry and Ingress into the Wood aforesaid the aforesaid 21th Day of February in the 32th Yeer aforesaid and from that Day until the Day of Exhibiting of the Information aforesaid as also to the taking of the Issues and Profits thereof by the time thereof comming above supposed to be done the said Richard saith That the said Lady the Queen that now is him the said Richard ought not any wayes to impeach or trouble because he saith That long before the aforesaid time in which it is supposed the Entry Intrusion and Ingress aforesaid to be done One Ann Countess of Warwick Widow sometimes Wife of Richard sometimes Earl of Warwick was seized of the Mannor of Abbotesley otherwise Abberley otherwise Abbedeley with the appurtenances in the aforesaid County of Worcester whereof the aforesaid Wood in which c. then and until the time of the grant here after specified made to Robert Earl of Leicester the third Day of July in the 30th Yeer of Queen Elizabeth here after mentioned whereof the Memory of Man then was not to the contrary was parcel in her Demesn as of Fee and so thereof being seized a Fine was levied in the Court of the Lord Henry late King of England the 7th at Westminst in the County â—f Middlesex from the Day of St. Hillary in 15. Dayes in the 3d Year of his Reign before Thomas Brian Roger Townsend and Iohn Haugh Justices and other the said late Kings Faithful Subjects then there present Betwâ—en him the Lord the King plantiff and the aforesaid Ann sometimes Countess sometimes Wife of the aforesaid Richard Earl of Warwick by the Name of Ann Countess of Warwick deforceant of the Mannor aforesaid with the appurtenances whereof c. amongst other c. whereof a Plea of Covenant was sued between them in the same Court that is to say That the said Countess granted to the said Lord the King the Mannor aforesaid with the appurtenances whereof c. And the same rendred back to him in the same Court To have and to hold to the said Lord the King and the Heirs Males of his Body begotten and if it shall happen That the said Lord the King should die without Heir Male of his Body begotten then after the decease of the said Lord the King the aforesaid Mannor with the appurtenances whereof c. should wholly Revert to the same Countess and her Heirs quieted from the other Heirs of the aforesaid Lord the King as by the Record of the aforesaid Fine in the Court of the said Lady the Queen that now is of the Bench at Westminster aforesaid remaining more fully appeareth By virtue of which Fine the aforesaid late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as Fee tail that
is to say to him and the Heirs Males of his Body issuing the Reversion thereof to the aforesaid Countess sometimes Wife of the aforesaid Richard Earl of Warwick and the Heirs of the said Countess expectant And the said late King so thereof being seized and the Reveâ—sion thereof to the said Countess in form aforesaid expectant The said Countess afterwards and before the time aforesaid in which c. At Abbotâ—sley othewise Abberly in the aforesaid County of Worcester dyed so as before is said of the Reversion aforesaid seized After whose death the Reversion aforesaid with the appurtenances descended to one Edward Earl of Warwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter of the said Countess By which the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and Right And the said Edward Earl of Warwick so thereof being seized By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th Day of January in the Yeer of his Reign the 19th amongst other things It was Enacted by him the said late King by the assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by the Authority thereof That whereas Peter Warbeck with others of the aforesaid late Kings Rebellious Enemies and Traytors in a great multitude and number to him associated entred and arrived in this Kingdom in a certain place called VVhitessonbay in the Parish of St. Bercie in the County of Cornwall the 7th day of September in the Yeer of the Reign of the said late King the 13th and levied Warr against the aforesaid late King Notwithstanding the aforesaid Peter in his Journey and issue to the said false and malicious purpose was overthrown and was taken and by the same late King committed to the Prison of the Tower of London where and in which place the aforesaid Edward Earl of Warwick confederated with the aforesaid Peter imagining and intending falsely and trayterously the death and destruction of the said late King and the overthrowing of this Kingdom of England intending to make the aforesaid Peter King of the same Kingdom by divers devises amongst them conceived and inspired endeavoured with divers his Adherents speedily by diverse false Messages and Notes to set him at liberty and at large to the intent to Execute his false and Trayterous purpose to aid and assist him to his utmost endeavour for which the aforesaid Edward Earl of VVarwick by due course of Law of the said late King out of his own Confession was convicted and attainted of High Treason as his deserts in that behalf required That the said Earl for his offences aforesaid by Authority of Parliament aforesaid should be convicted adjudged and attainted of High Treason And that he should forfeit to the aforesaid late King and his Heirs All his Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other to his use was seized or possessed of the day of the Treason either committed or done or at any time after within the Kingdom of England Ireland VVales Calice or the Counties thereof in Fee simple Fee tail for Term of life or lives Or in which the said Earl then or at any time after had lawful cause of Entry within England Ireland Wales Calis or the Counties of them And further that the aforesaid Edward Earl of VVarwick should forfeit to the said late King and his Heirs All Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Lands Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other person seized to his use or was possessed of the second day of August in the Yeer of the Reign of the aforesaid late King the 14th or at any time then after as by the said Act amongst other things more fully appeareth And the said Richard saith That the aforesaid Edward Earl of VVarwick Cousin and Heir of the said Ann Countess of VVarwick in the Fine aforesaid named and the aforesaid Edward Earl of VVarwick in form aforesaid attainted and in the Act aforesaid named are one and the same person and not other or diverse By colour of which Conviction and Attainder and by force of the aforesaid Act of Parliament The aforesaid late King Henry the 7th was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and of Right in the Right of his Crown of England And so thereof being seized and of the Mannor aforesaid with the appurtenances in his Demesn as of Fee tail in form aforesaid being seized The said late Lord the King afterwards and before the aforesaid time in which c. At VVestminster aforesaid dyed of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion aforesaid in form aforesaid seized After whose death the Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid discended to the Lord Henry late King of England the 8th as Son and Heir of the aforesaid late King Henry the 7th By which the said late King Henry the 8th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and of the Reversion of the said Mannor with the appurtenaÌ„ces as of fee right And the said late King Hen. the 8th so being thereof seized By a certain Inquisition taken at the Castle â—â— VVorcester in the aforesaid County of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King the same County by virtue of his Office by the Oathes of Richard Frier Gent. Richard â—helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh Edward Enolt Henry Dison Roger â—bud Henry VVoodward John Porter of Claynes John Brodford VValter Solli Roger Aldern of Martley and Richard VValter taken It was found amongst other things That the aforesaid Ann Countess of VVarwick in the Fine aforesaid named was seized of the Mannor aforesaid with the appurtenances whereof c. in her Demesn as of Fee and that she being thereof so seized the Fine aforesaid in form aforesaid was levied By which the aforesaid King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his Demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing And that the said Countess was seised of the Reversion of the said Mannor as of Fee and
Westminster aforesaid dyed of such his Estate thereof seised After whose death The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. descended to the Lord Edward late King of England the 6th as Son and Heir of the aforesaid late King Henry the 8 th By which The said late King Edward the 6 th was seised of the Reversion of the said Manor with the Appurtenances as of Fee and right and so thereof being seised The said late King Edward the 6 th afterwards and before the time in which c. at Westminster afores dyed of such his estate therof seised with out issue of his body issuing After whose death the Reversion of the aforesaid Manor of Abbottesly with the appurtenances descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th By which the said late Queen Mary was seised of the said Reversion as of Fee and right and so thereof being seised the said late Queen Mary afterwards and before the time in which c. at Westminster aforesaid dyed of such her Estate thereof seised without issue of her body issuing After whose death the said Reversion did descend to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary By which the said Queen that now is was seised of the said Reversion as of Fee and right and the said Lady the Queen that now is so thereof being seised and the aforesaid Walter Walsh the Son of the aforesaid Manor of Abbottesley whereof c. in his demesn as of Fee tail in form aforesaid being seised The said Walter afterwards and before the time in which c. at Abbottesley aforesaid dyed of such his Estate thereof seised After whose death The said Manor with the Appurtenances whereof c. did descend to one William Walsh his Son as Son and Heir of the body of the aforesaid Walter VValsh the Son issuing By which the said William afterwards and before the time in which into the said Manor with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and so thereof being seised The said William afterwards that is to say the third day of July in the year of the Reign of the said Lady the Queen that now is the 30 th at Abbottesley aforesaid by his Indenture of Bargain and Sale between Robert then Earl of Leicester By the name of the Right Honourable Robert Earl of Leicester Baron of Denbigh of the both most Noble Orders of the Garter and Saint Michael Knight Lord High Steward of her Majesties Houshold Lord Chief Justice of Oyer and Terminer of all the Forests of her Majestie and Chaces by South Trent and one of her Majesties most Honourable Privy Councel of the one Part And the afores Willi. Walsh by the name of Will. Wash of Witley in the County of Worcester Esq of the other party made afterwards the 8 th day of the said Month of July according to the form of the Statute in that Case made and provided in the Court of the said Lady the Queen that now is at Westminster aforesaid in the said County of Middlesex then being in due manner of Record Inrolled One part of which Sealed with the Seal of the said William Walsh the said Richard Bushopp here in Court sheweth forth whose Date is the same third day of July in the 30th year aforesaid For and in consideration of a certain sum of Money to the said VVilliam by the aforesaid Earl of Leicester then and there before had paid bargained and sold to the said Earl of Leicester The Wood aforesaid with the Appurtenances in which c. To have and to hold to the said Earl of Leicester his Heirs and Assigns for ever By colour of which aforesaid Bargain and Sale and Inrolment thereof The said Earl of Leicester into the Wood aforesaid with the Appurtenances entred and was thereof seised in his demesn as of Fee and so thereof being seised The said Earl of Leicester afterwards that is to say the 5 th day of Septemb. in the year of the said Lady the Queen that now is the 30th aforesaid at Abbottesley aforesaid dyed of such his Estate thereof seised without issue of his body issuing After whose death the Wood aforesaid with the appurtenances descended to Ambrose then Earl of Warwick as Brother and Heir of the aforesaid late Earl of Warwick By which The said Ambrose Earl of Warwick into the Wood aforesaid with the appurtenances entred and was thereof seised in his demesn as of Fee and so thereoâ— being seised The said Ambrose Earl of Warwick afterwards that is to say the 24th day of January in the year of the Reign of the â—â—d Lady the Queen that now is the 32th at Abbottesley aforesaid By his Indenture between him the said Ambrose Earl of Warwick by the name of the Right Honourable Ambrose Earl of Warwick of the most Noble Order of the Garter Knight of the one part and Edward then Earl of Bedford and William Russel Knight Charles Morrison Knight Ambrose Copinger Esquire by the names of the Right Honourable Edward Earl of Bedford William Russell Knight Charles Morri on Knight Ambrose Copinger Esq one part of wch sealed with the Seal of the said Aâ—brose Earl of Warwick the said Richard Eushop here in Court brings whoâ—e date is the same day and year For and in consideration of the natural entire and cordial love and affection which the aforesaid Ambrose Earl of Warwick then had and bore to his most dear and beloved then wife the said Ann Countess of â—arwick in the Information aforesaid above named Daughter of the Right Honourable Francis Earl of Bedford deceased Grandfather of the said Edward then Earl of Bedford and Father of the said William Russel as for and in consideration of a Mariage before that time had between the aforesaid Ambrose then Earl of Warwick and the aforesaid Lady Ann now Countess of Warwick then his wiâ—e and for and in consideration of the encrease of the Joynture of the said Ann before that time made in the respect of the aforesaid Mariage in consideration also of the better advancing of the said Ann after the death of the said Ambrose then Earl of Warwick if shee the said her beloved husband should survive to support and sustein her Honourable Estate and to pay such debts which the said Earl owed at the time of his death and also such Legacies as the said Earl by his last Will in writing should bequeath The said Earl Covenanted and agreed for him his Heirs Executors and Administrators to and with the aforesaid Edward Earl of Bedford William Russell Charles Morrison and Ambrose Copinger their Heirs and Assignes and every of them That immediatly from and after the Sealing and delivery of the
said Indenture The said Earl of Warwick his Heirs and Assigns and every of them should stand and be seised of and in the Wood aforesaid with the appurtenances amongst other things by the names of Alton Woods otherwise Alvington Woods with the appurtenances siâ—uâ—te and being within the Parish of Rock or elsewhere within the several Counties of Worcester and Salop or any or either of them to the uses 〈…〉 nts and purposes afterwards in the said Indenture expressed and declared that is to say To the use of him the said Ambrose Earl of Warwick for the Term of his life without impeachment of any wast and after the decease of him the said Earl of Warwick to the use of the aforesaid Ann Countess of Warwick in the Information aforesaid named by the name of the Lady Ann Countess of Warwick wife of him the said Earl of Warwick and the right Heirs of the said Ann for ever By colour of which Covenant and Grant aforesaid and by force of a certain Act of transferring of uses into possessions in the Parliament of the aforesaid Lord Henry late King of England the 8th Father of the said Lady the Queen that now is at Westminster aforesaid the 4th day of February in the year of his Reign the 27th holden made and provided The aforesaid Ambrose Earl of Warwick was seised of the Wood aforesaid with the appurtenances amongst other things in his demesn as of Freehold during his life without impeachment of waste the remainder thereof after the decease of him the said Earl of Warwick to the aforesaid Ann late Countess of Warwick and her Heirs expectant And the said Ambrose Earl of Warwick so thereof being seised the remainder thereof in form aforesaâ—d expectant The said Eaâ—l afterwards that is to say the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th aforesaid at Abbottesley aforesaid dyed after whose death the said Ann now Countess of Warwick into the Wood aforesaid with the appurtenances entred and was and yet is thereof seised in her demesn as of Fee by colour and force of the premises By which the said Richard Bushopp as servant unto the aforesaid Ann now Countess of Warwick and by her Command the aforesaid 21th day of February in the year of the Reign of the said Lady the Queen that now is the 32th aforesaid and the dayes and times aforesaid betwixt the same 21th day of February in the year 32th aforesaid and the day of the exhibiting of the Information aforesaid into the Wood aforesaid with the appurtenances entred and the Issues and Profits thereof by that time arising to the use of the said Ann now Countess of Warwick took and had and doth yet take and have as it was and is lawful for him to do And the aforesaid Richard further saith That the aforesaid William Walshe yet over-liveth and is in full life that is to say at Abbottesly aforesaid without that that the Wood aforesaid with the appurtenances or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is is or before this was or of Right ought to be in manner and form as in by the Information aforesaid it is supposed And without that that the said Richard Bushopp in or upon the possession of the said Lady the Queen that now is of the Wood aforesaid with the appurtenances or any part thereof Entred Intruded or made Ingresse in manner and form as by the Information aforesaid it is supposed and without that that there is any Record Roll or Remembrance besides the Record of the Information aforesaid by which it may appear that the Wood aforesaid with the appurtenances in the Information above specified or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is or standeth or of Right ought to be or stand in manner and form as in the Information aforesaid above is supposed All and singular which the said Richard Bushopp is ready to aver as unto the Court c. Whereupon he prayeth Judgement and that he as to the premises from this Court be dismissed And because the Court here â—â— avise of the Plea aforesaid before that further c. Day is given unto the â—fores Rich. Bushopp in state as now until 8. dayes of St. Michael At which day the said Richard Bushopp came here as before And the said Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court in his proper person for his said Lady the Queen by Protestation not acknowledging any thing in the Plea aforesaid of the said Richard Bushopp by him above pleaded to be true in manner and form as the said Richard in his Plea aforesaid above hath pleaded Yet for Reply the said Attorny of the said Lady the Queen for the same Lady the Queen saith That the Plea of the Richard Bushopp as to the Entry Intrusion and ingresse aforesaid in the aforesaid Wood by him the said Richard in the Information aforesaid to be done supposed is not sufficient in Law to discharge the said Richard of the said Entry Intrusion and ingresse whereupon for default of sufficient Answer in this behalf The said Attorny of the Lady the Queen for the said Lady the Queen prayeth Judgement And that the aforesaid Richard of the same Entry Intrusion and Ingresse by the aforesaid Richard thereof supposed to be done be convicted And the said Richard saith That he sufficient matter in Law to barr the said Lady the Queen that now is from the possession of the aforesaid Wood in the said Information specified and of every parcel thereof above in barr and exclusion of the Information hath alleged which he is ready to averr as unto the Court c. Which matter aforesaid The Attorny of the Lady the Queen for the same Queen doth not deny nor to the same any wayes for the said Lady the Queen Answereth but the Averment aforesaid to admit altogether doth refuse Wherefore as before the said Richard demandeth Judgement and that he as to the Premises from this Court be dismissed c. And because the Barons here will avise themselves of upon the Premises whereof the aforesaid Richard hath above put himself in Judgement of the Court before that they give Juâ—gement thereof Further day is given to the aforesaid Richard Bushopp here until in 8. dayes of St. Hillary to hear their Judgement thereof because the said Barons thereof not yet c. And as to the Tryal of the Issue aforesaid by the Country to be tryed above joyned It is commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to be here at the said 8. dayes of St. Michael 12. good and lawful Men of the Neighbourhood of Alton otherwise Alvington and Rock in the said County whereof each c
by whom c. and who neither c. And the same day is given here to the same Richard Bushopp here c. At which day cometh the said Richard Bushopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It was commanded to the Sherifs of the aforesaid County of Worcester that he do not omit c. And that he cause to be here from the day of Easter in 15. dayes 12 c. To Recognize in form aforesaid c. And the same day is given thereof here to the aforesaid Richard Bishopp And because the Barons here will further avise with themselves of and upon the Premises whereof the aforesaid Richard Bishopp above puts himself in Judgement of the Court day thereof is further given to the aforesaid Richard Bushopp here until from Easter-day in 15. dayes to hear thereof their Judgement because the said Barons thereof are not yet c. At which day cometh the said Richard Bishopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It is Commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8. dayes of Holy Trinity 12 c. to know in form aforesaid and the same day is given thereof here tothe aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the said Richard Bushop above put himself in the Judgement of the Court farther day is given to the aforesaid Richard Bushop here to hear their Judgement thereof because the same Barons thereof are not yet c. At which day here cometh the aforesaid Richard Bushop by his Attorny aforesaid and as to the aforesaid writ of Venire facias the Sherif did nothing thereof nor sent that writ therefore as to the tryal of the Issue aforesaid as before it was commanded to the Sheriff of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8 dayes of Saint Michael 12 c. to recognize in form aforesaid c. And the same day thereof is given here to the aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the aforesaid Richard Bushopp above put himself in the Judgement of the Courâ— farther day is given to the aforesaid Richard Bushop until the aforesaid 8 dayes â—f Saint Michael to hear thereof their Judgement because the same Barons thereof are not yet c. At which day cometh the said Richard Bushop by his Attorny aforesaid and as to that writ of Venire facias the Sheriff did nothing nor sent that writ Therefore to try the issue aforesaid as at first it was commanded to the aforesaid Sheriff of the County of VVorcester that he do not omit c. and that he cause to come here from the day of Saint Hillary in 14 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp and because the said Richard Bushop above put himself on the Judgemtut of the Court farther day is given to the aforesaid Richard Bushopp here until from the said day of Saint Hillary in 15 dayes to hear their judgement thereof because the Barons here thereof are not as yet c. At which day cometh the said Richard Bushopp by his Attorny aforesaid and the Barons here the premises being seen whereof the aforesaid Richard Bushopp put himself upon in the Judgement of the Court and mature deliberation thereof amongst them being had Because it seemeth to the Barons that the plea aforesaid of the said Richard Bushopp thereof by him in manner and form above pleaded is sufficient in Law to discharge the said Richard Bushop of the Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the said Information specified the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February until the aforesaid day of exhibiting of the said Information that is to say the 27th day of June in the yeer of the Reign of the said Lady the Queen the 37th and of the taking of the Issues and Profits thereof for that time arising It is granted by the Barons that the aforesaid Richard Bushopp as to the aforesaid Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the Information specified the aforesaid 21th day of February in the yeer of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February untill the aforesaid day of the exhibiting of the said Information that is to say the 20th day of June in the yeer of the Reign of the said Lady Queen the 37th and as to the taking of the Issues and Profits thereof for that time arising go thereof at present without day saving alwayes the right of the Queen if at another time c. And as to the tryal of the Issue aforesaid above joyned by the Country to be tryed it is commanded to the Sheriff of the aforesaid County of Worcester as at first that he do not omit c. And that he cause to come here from the day of Easter in 15 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp At which day the said Richard Bushopp come hereas at first the afores Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court at the same day in his proper person and by the Barons being spoken to and asked If he against the said Richard Bushopp for the tryal of the aforesaid Issue above by the Country would farther prosecute said that No upon which the premises being seen by the Barons here and mature deliberation being had amongst them thereof it is granted by the said Barons that the aforesaid Richard Bushopp as to the tryal of the said Issue go without day at present saving alwaies to the Queen her Action If at another time c. And afterwards that is to say the 11th day of April in the yeer of the said Lady Queen that now is the 39th the said Lady the Queen sent here her writ under the great Seal of England to the Tresurer and Barons of this Court of Exchequer directed the Tenor of which followeth in these words ss Elizabeth by the grace of God of England Scotland France and Ireland Queen defender of the Faith c. To the Tresurer and Barons
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
for the payment of his Debts or Legacies or for any other necessary purpose or intent It shall and may be lawful to and for the said Christopher Digges together with Sr. Henry Cripps Knight John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood at any time hereafter during the life of the said Christopher Digges together with and by the joynt Consent and Agreement of the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry John Francis Richard Thomas and Richard by their Joynt Deed or Writing Indented of them the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christopher Digges or of three of them the said Henry John Francis Richard Thomas and Richard and being sealed with the seals of the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christoper Digges or three of them the said Henry John Francis Richard Thomas and Richard and to be inrolled in any Court of Record of our sovereign Lady the Queen or of her Heirs and Successors to make void and frustrate any of the use or uses estate or estates in these presents above mentioned expressed or declared onely for of or in any such part or parcel of the premises as by the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or by the said Christopher Digges or three of them the said Henry Iohn Francis Richard Thomas and Richard shall be thought meet and convenient and by the said Writing Indented and Inrolled shall be expresly limited and appointed and no otherwise And thereof by the said Writing Indented so to be inâ—olled of new to declare limit or appoint any such new or any other such use or uses estate or estates as to the said Christopher Digges Henry Cripps Iohn Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or any three of the said Henry John Francis Richard Thomas and Richard shall be thought meet and convenient as by the said Writing Indented shall be expressed and declared and not otherwise any thing in this present Indenture contained to the contrary thereof in any wise notwithstanding And that immediatly from and after such new Declaration Limitation and Appointing of any new or other use or uses of or in any part or parcel of the premises by writing Intended sealed and inrolled as aforesaid than the use and uses estate or estates of such and so much onely of the premises whereof any such new Declaration Limitation or Appointment shall be so had and made shall be And the said Christopher Digges his Heirs and Assignes and all other person or persons their Heirs and Assignes which at any time hereafter shall stand and be seized of or in so much of the premses whereof any such new Declaration limiting and appointing shall be so had and made shall stand and be seized thereof to the use of such person and persons and to such use intents and conditions as shall be mentioned and expressed in the said Writing Indented and Inrolled and to none other use intent or purpose any thing above mentioned to the contrary thereof in any wise notwithstanding In witnesse whereof the parties to these presents inter changeably to this present Writing Indented have put their Seals the day and yeer above written By virtue of which Indenture and by force of a Statute transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The aforesaid Christopher Digges the Father was seized of the Manors and Tenements with the appurtenances within monstraâ—s de droit above specified in his Demesn as of Freehold for the term of his life the remainâ—er thereof to the aforesaid Thomas the Heirs Males of his Body issuing and for default of such issue The Remainder thereof to the Heirs Males of the Body of the said Christopher the Father of the aforesaid Martha lawfully begotten And the said Christopher Digges the Father so of the Manors and Tenements aforesaid with the appurtenances being seized the Remainder thereof to the aforesaid Thomas in form aforesaid expecting The said Christopher Digges the Father and the aforesaid Ioh. Brook Ric. Brook Tho. Leweson afterwards and before the day c. that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 12th By a certain Indenture between them the said Christopher Digges the Father and the aforesaid Iohn Brook Richard and Thomas Leweson of the one part Thomas Ovington and Thomas Digges of Chertham in the County of Kent Gent. of the other paâ—t made and in the Court of Chancery of the said Lady the Queen that now is at Westminster then being the 4th day of Iunc in the yeer of the Reign of the said Lady the Queen that now is the 12th aforesaid in due manner of Record inrolled one part of which with the Seals of the aforesaid Christopher Digges the Father Iohn Richard and Thomas Leweson sealed To the Jurors aforesaid in evidence was shewed whose Date is the same day and yeer abovesaid In which Indenture reciting the first Indenture bearing Date the 6th of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between him the said Christopher Digges the Father of the one part and the aforesaid Henry Cripps Knight Iohn Brook Francis Gaâ—acre Richard Brook Thomas Ltweson and Richard Horewood of the other part Covenanted Granted and Agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs Executors and Assigns in manner and form as followeth in these words And also whereas The said Christopher Digges at the time of the making of the said Indenture in these presents above recited was seized of an Estate of Inheritance amongst other the Manâ—rs Lands Tenements and Hereditaments abovesaid of and in one Close in the abovesaid Parish of Barham in the occupying of Bartholmew Baker containing by estimation 3. Acres and 2. Acres of Land in Stony Rock and 3. Acres and 2. yards in Parsonage-field in the occupation of the said Bartholmew Baker in Barham aforesaid and 2. half Acres of Land in the occupying of Henry Crowd and one half Acre late in the occupation of Iohn Barham Gent. in the Parish of Barham aforesaid And also 3. Acres called Green Hill and one Acre lying in Brome lease joyning to Thomas Laddes Ground and one yard in Iohn Nashes Land lying in Barham aforesaid and Kingston next Barham in the County aforesaid
use thereof in the abovesaid Fine in form abovesaid to be levyed and acknowleged before by this Indenture not limited or appointed the Rent of 10 quarters of Barley only except to be to the only use and behoof of the said Christopher Digges his Heirs and Assignes for ever and to no other use or uses purpose or intent and that the said Fine or use and execution thereof as to the abovesaid 10 Quarters of Bâ—rley to be to the only use and behoof of the abovesaid Richard Gaunt and his Heirs for ever In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeably have set dated the day and yeer first above wriâ—ten And the aforesaid Christopher Digges the Father so as afore is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the Monstrans de droiâ— within written specified as the Law requireth being seised Afterwards and before the bringing of the Monstrans de droit within written that is to say from the day of Saint Martin within writen in 15 dayes in the yeer of the Reign of the said Lady the Queen that now is the 14th abovesaid A Fine was levyed in the Court of the said Lady the Queen that now is at Westminster in the County of Middleâ—ex before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards in 8 dayes of Saint Hillary in the yeer of the same Lady the Queen that now is the 14th abovesaid there then granted and recorded before the said Justices and oâ—hers of the Queens faithfull people then and there present between the aforesaid Richard Gaunt Gentleman and Lawrence Applegate plaintiâ—s and the aforesaid Christopher Digges and Martha his Wife deforceants of the Manors Lands Tenements and Hereditaments in the Monstrans de droit within written with the appurtenances amongst other by the names of the Manors of Owtelmestone Mayton Nackington and Yokes Court with the appurtenances and 40 Messuages 20 Tofts one Mil 3 Dovehouses 20 Gardens 12 Orchards 1000 Acres of Land 100 Acres of Meadow 700 Acres of Pasture 600 Acres of Wood 100 Acres of Furze and Heath and 100 shillings of Rent and the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborn Bridge Patricksborne Littleborne Wellborne Sturrey Saint Stephens Nackington Netherherds Lenham Harisham Frinsted Sutton Ripple and Shalden whereupon a plea of Covenant then was summoned between them in the said Court That the aforesaid Christopher Digges and Martha do acknowlege the aforesaid Manors and Rents with the appurtenances to be the Right of the said Richard and those which the said Richard and Lawrence then had of the gift of the aforesaid Christopher and Martha and these then remised and quit claimed from them the said Christopher and Martha their Heirs to the aforesaid Richard and Lawrence and the Heirs of the the said Richard for ever and moreover the said Christopher and Martha then had granted for them Heirs the of the said Christopher that they warrant to the aforesaid Richard and Lawrence and the Heirs of the said Richard the aforesaid Manors Tenements and Rents with the appurtenances against all men for ever and for this Recognition Release Quit claim warranty Fine and Concord the said Richard and Lawrence gave to the aforesaid Christopher and Martha 8 pound Sterling which Fine was levied with proclamations according to the form of the Statute in such case made and provided And further the Jurors say upon their oath aforesaid that the aforesaid Fine in form aforesaid levyed was had and levyed to the uses and intents in the Indenture aforesaid bearing date the 26th day of October in yeer of the Reign of the said Lady the Queen that now is the 14th as abovesaid above specified By colour of which Fine Indenture and Statute aforesaid the aforesaid Christopher Digges the Father was seised of the Manors Tenements and Hereditaments aforesaid with the appurtenances as the Law requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Christopher Digges the Father so as before is said of the Manors and Tenements above written as the Law requireth being seised the said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterwards that is to say the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 14th came into the Court of the said Lady the Queen of her Chancery and then and there acknowleged the Indenture aforesaid bearing date the 20th day of September in the 13th yeer aforesaid to be their deed and upon that the said Indenture afterwards that is to say the 7th day of November in the 14 yeer aforesaid in the said Court of Chancery in due Maner of Record was Inrolled By virtue of which and force of the Statute aforesaid the said Christopher Digges the Father was of the Manors Lands and Tenements within written seised as the same Law requireth and so thereof being seised the said Christo Digges the Father afterwards and before the day of the bringing of the shewing of right within written that is to say the first day of February in the yeer of our Lord 1576 and in the yeer of the Reign of the said Lady the Queen that now is the 19th made his Testament and last Will in writing of which said Testament and last Will the Tenor amongst other followeth in these Words In the Name of God Amen The first day of February in the yeer of our Lord God 1576 and in the 19th yeer of the Reign of our Sovereign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. I Christopher Digges of Saint Gregories without the Walls of the City of Canterbury Esquire Son and Heir of William Digges late of Barham in the County of Kent deceased being sick in body but of good and perfect remembrance thanked be the Almighty God Revoking and making void all other my former wills ordayn and make this my present Testament and last Will in manner and form following That is to say this is the last Will of me the abovesaid Christopher Digges made the day and yeer abovesaid touching the disposition of all my Lands Tenements and Hereditaments in the County of Kent and Canterbury or elsewhere in the Realm of England First touching the thirds and third part of my Land to be due unto the Queens Majesty or any other for Wardship Primer seisin Livery or otherwise my Will and meaning is to leave to descend to Thomas Digges my Son to have and to hold to him and his Heirs for ever All these my Lands and Tenements called or known by the name of Eastendown containing by estimation 10 Acres of Land and all these Lands Tenements Hereditaments which I had by descent after the death of Thomas Digges of Newington next Sittingborn Esquire deceased and if the
in the Spiritual Court after the Queens Prohibition to the contrary thereof directed and delivered for that that is to say whereas all and singular Pleas and Conusans of Pleas of whatsoever grants demyses or conttacts arising within this Kingdom of England made and had and the validity of such grants and demyses in Law and other such Pleas and Conusance of Pleas so as they be not Testamentary or Matrimonial to the said Lady the Queen that now is and her Royal Crown do especially appertain and by the Laws of the Land of this Kingdom of England and not by the Laws or Sentences Ecclesiastical ought to be tryed determined and discussed and ever heretofore accustomed and ought to be And whereas Stephen by Divine Providence late Bishop of Winchester the 4th day of July in the yeer of the Reign of the Lord Henry late King of England the 8th the 38th was seized in his demesn as of Fee in the Right of his Bishoprick of and in the Manor of Eastmeon in the County aforesaid whereof one capital Messuage called the Scite of the Manor of Eastmeon 800. Acres of Lands 50. Acâ—es of Meadow 1000. Acres of Pasture and 400. Acres of Wood with the Appurtenances in Eastmeon in the County aforesaid being demesn Lands of the Manor aforesaid then and time whereof the memory of man is not to the contrary was and yet are parcel and also of and in one Messuage with the Appurtenances being in Eastmeon aforesaid being to the Mansion house of the same Manor And whereas the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid for the time being seized of the Manor aforesaid and other the premises with their Appurtenances The Scite of the Manor aforesaid and the capital messuage aforesaid and the demesn Lands aforesaid with the Appurtenances by himself his Farmers and Tenants thereof and every parcel thereof for Term of yeers or at Wiil held and were injoyed exonerated acquitted freed discharged and privileged of and from the payment of Tithes whatsoever of in or upon the capital messuage aforesaid and the demesns aforesaid with the Appurtenances and of every and any parcel thereof yeerly what way soever for the whole time aforesaid growing happening renewing or arising And the aforesaid Stephen late Bishop aforesaid of the capital Messuage aforesaid and the demesn Lands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and discharged and privileged of and from the payment of Tithes whatsoever of in and upon the capital Messuage aforesaid and other the premises with the Appurtenances or any parcel thereof growing renewing or any wise happening The said Stephen the 4th day of July in the yeer of the Reign of the said late King Henry the 8th the 38th at Eastmeon in the County aforesaid By his Indenture with his Seal Episcopal sealed and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer demised to one Robert Wright Grandfather of the said Robert that now is plantif The Moyety of the demesn Lands aforesaid with the Appurtenances By the name of all the Demesn Lands oâ— the Mannor of Eastmeon aforesaid anciently belonging with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old time situate lying and being with the Appurtenances which Moyety then lay in the fields on the South side of the Town of Fastmeon aforesaid Together with the Meadowes Feedings and Pastures Enclosures Wayes Pathes and other their Appurtenances together with the Farm of 40. Muttons called Weathers the highest price 16. pence 40. Ew Sheep the highest price 16. pence To have and occupy the said Moyety of the TenemeÌ„ts aforesaid with the AppurtenaÌ„ces in form aforesaid demised To the aforesaid Ro. Wright the GraÌ„dfather his Assignes from the Feast of St. Michael the Archangel in the yeer of our Lord God 1575. until the end and Term of 40. yeers then next following and fully to be compleat and Ended Yielding therefore yeerly during the Term aforesaid to the aforesaid Stephen late Bishop aforesaid or his Successors at his Exchequer of Woluesloy in Winchester in the County of Southampton then being 10. pound and 10. shillings of lawful mony of England at the Feasts of Easter and St. Michael by even and equal portions to be paid and for the farm of the aforesaid 40. Weathers and 40. Ew Sheep 11. pound 13. shillings and 4. pence to be paid at the Feast of St. Martin the Bishop Ad vincula for the chief Weathers 3. pence and for the chief Ews 4. pence as by the same Indenture amongst other things it more fully appeareth Which Indenture of demise to the aforesaid Robert Wright the Grandfather in form aforesaid made and all and singular therein contained Afterwards that is to say the 20th day of July in the 38th yeer abovesaid William Kingsmill then Dean of the Cathedral Church of the Holy Trinity of Winchester aforesaid and the Chapter of the same place at Winchester aforesaid that is to say in their Chapter-house there by their Writing of Confirmation with the Seal of the Chapter sealed in the life time of the aforesaid Stephen then being Bishop of Winchester aforesaid and in the life time of the said Robert Wright the Grandfather now deceased ratified and confirmed as by the Writing of Confirmation thereof bearing date the day and yeer last aforesaid amongst other things it appeareth By virtue of which demise and Confirmation The same Robert Wright the Grandfather was of the Interest of the Term aforesaid in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed and the aforesaid Robert Wright the Grandfather of the Interest of the Term aforesaid in the Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised being possessed The said Robert Wright the Grandfather the 14th day of August in the yeer 1558. at Eastmeon aforesaid made his Testament and last Will in Writing and by the said his Testament made and ordained Margaret then his Wife and Nicholas Wright his younger Son to be Executors of his last Will And by the said his last Will gave and bequeathed all his Interest aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid so as is said demised with the Appurtenances then to come to Edward Wright the Eldest Son of the aforesaid Robert the Grandfather and afterwards the aforesaid Robert Wright the Grandfather at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Tenements aforesaid with the appurtenances to the said Robert the Grandfather in form aforesaid demised possessed After whose death the aforesaid Margaret and Nicholas took upon them the burthen of Execution of his last Will Testament aforesaid at Eastmeon aforesaid And the said Executors at Eastmeon aforesaid gave their consent that the said Edward Wright should have and enjoy to him and his
Assignes the interest aforesaid of the aforesaid Term of years of and in the Moyety of the demesn Lends aforesaid with the Appurtenances to the said Robert Wright the Grandfathe in form aforesaid demised By virtue whereof the said Edward was of the interest of the Term aforesaid possessed and being so thereof possessed The said Edward the 11th day of July in the yeer of our Lord 1563. at Eastmeon aforesaid made his Testament and last Will in Writing and by his said Testament constituted and appointed Agnes then his Wife to be sole Executrix of his said last Will And by the said his last Will gave and bequeathed all his interest aforesaid in the Moyety aforesaid of the demesn Lands aforesaid so as before is said with the Appurtenances to the aforesaid Robert Wright now the plantiâ— one of the Sons of the said Edward And afterwards the said Edward Wright at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed After whose death the aforesaid Agnes took upon her the burden of Execution of the last Will of the said Edward aforesaid at Eastmeon aforesaid and the said Executrix at Eastmeon aforesaid gave her consent that he the said Robert Wright should have and injoy to him and his Assignes the interest of the Term aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised By virtue of which the said Robert Wright now plantif was of the Interest of the Term aforesaid of and in the Moyety of the demesn Lands aforesaid with the Appurtenances possessed until the morrow of the Feast of St. Michael the Archangel in the yeer of our Lord 1575. in which morrow of the aforesaid Feast of St. Michael the Archangel in the yeer 1575. aforesaid The said Robert Wright now plantif into the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances entred and was thereof possessed And so thereof being possessed the said Moyety with the Appurtenances had held and injoyed and now hath and occupieth and ought to have and occupy of and from the payment of Tithes whatsoever of in or upon the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances or any parcel thereof yeerly any manner of wayes growing and appertaining renewing or arising for the occasion aforesaid in this behalf alleged utterly exonerated acquitted freed and privileged by reason of the Prescription and Privilege aforesaid And whereas by the Statute in the Parliament of the Lord Edward late King of England the 6th holden at Westminster in the County of Middlesex the 4th day of November in the second yeer of his Reign amongst other things It is enacted by authority of that Parliament That no person be sued or otherwise compelled to yeeld giue or pay any manner of Tithes for any Manors Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes by any Composition reall as by the said Act amongst other things it more fully appeareth Yet the aforesaid Nicholas Wright in his life time pretending himself to be Farmer of the Rectory of the Parish Church aforesaid and by colour of a demise to him thereof made by Thomas by Divine Providence then Bishop of Winchester for the Term of 21. yeers supposed to be made upon that occasion falsely supposing Tithes whatsoever in and upon the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid demised arising and happening to the said Nicholas Wright by virtue of the demise aforesaid to him in form â—foresaid supposed to be made to belong and appertain whereas in truth The said Robert now plantif the Moyety aforesaid of the demesn Lands aforesaid by virtue of the Demise aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid made and by reason of the immunity of the Privilege and Act aforesaid above specified was exonerated acquitted freed and privileged of and from payment of Tithes whatsoever thereupon growing to have and injoy ought during the Term aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid granted of the premises not ignorant endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and to draw the conusance of her Pleas which do belong to her Royal Crown and not to the spiritual Court to another Jurisdiction and Examination in the spiritual Court supposing the Indenture of demise aforesaid to the aforesaid Robert Wright the Granfather made and the Writing of Confirmation aforesaid as also the Estate of him the said Robert now plantif of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather from the Tithes aforesaid in form aforesaid discharged had and made to be void and of no validity in Law whereas in truth The Indenture of demise aforesaid and the Writing of Confirmation theâ—eof and also the Estate of the said Robert aforesaid the now plantif of and in the Moyety of the aforesaid demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather in manner aforesaid demised so as before is said discharged of Tithes is good and effectual in the Law And whereas in truth the same demise to the aforesaid Nicholas in form aforesaid alleged to be made if any such waâ— was utterly void and insufficient in Law as to any Tithes of in and upon the aforesaid Moyety of the demesn Lands aforesaid growing is The said Robert Wright now the plantif in the spiritual Court before the Reverend and worthy Man Mr. William Awbray Doctor of Law in the Court of Audience of causes and businesse in the Court of Canterbury lawfully deputed to hear of and for the withdrawing and not payment of Tithes of Wheat Barly Pease and Beans of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord 1590. growing renewing arising and happening as also of and for the withdrawing and non payment of the Tithes of the Wool of Lambs and Sheep of the said Robert now plantif of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord aforesaid kept shorn and arising as also of the Tithes of the Aples of the said Robert Wright the plantif of in and upon the said aforesaid Moyety of the demesn Lands aforesaid in the yeer aforesaid growing gotten and arising the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is at Eastmeon aforesaid in the County aforesaid drew into sute And the aforesaid Nicholas the same Robert now plantif before the aforesaid spiritual Judge for that occasion aforesaid to appear and to the said Nicholas of and upon the premises to
that the Tax aforesaid for the Reparations of the Church aforesaid in the case aforesaid is a matter determinable at the Common Law and not in the spiritual Court Yet the said spiritual Judge to admit the same Plea Allegation utterly refused And the aforesaid Abraham and Tho. Foster him the said William Jeffrey in the spiritual Court aforesaid in the premises to be condemned and to the payment of the aforesaid several sums of Mony upon him the said William Jeffrey for the Reparations of the Church aforesaid above in this behalf specially imposed and taxed which then by the Law of the Land as before is said to pay for the reason aforesaid ought not or is bounden to do by the definitive Sentence of the said spiritual Court with all his strength endeavoreth and daily threatneth in contempt of the Queen that now is and to the losse prejudice impoverishing and manifest grievance of him the said William as also contrary to the Law of the Land aforesaid And this the said William Jeffrey is ready to aver and humbly imploring the aid assistance of the said Court of the said Lady the Queen that now is here demands remedy And the Writ of the said Lady the Queen of Prohibition to the aforesaid spiritual Judge in form aforesaid to forbid him that he the Plea aforesaid nor any thing touching the same before him he futher hold not and it is granted unto him c. And thereupon cometh John Porter of Cheddingley in the County aforesaid of Sussex Esquire Ard Thomas Aynscomb of Buxted in the County aforesaid Gent. in their proper persons and undertake for the aforesaid William Jeffrey That if it happeneth the aforesaid Abraham Kenshley and Thomas Foster To the Court of the Lady the Queen hereafter to come to demand the said Queens Writ of Consultation or otherwise to sue for Justice there of and upon the premises That then the said William the said matter or suggestion should follow with effect untill the Plea thereof by some lawful means be ended that is to say each of the Bail aforesaid upon the penalty of 10. pound which said sum of 10. pound the Bail aforesaid acknowledged and each of them acknowledged of their Lands and Goods and of every of them to be levied to the use of the said Lady the Queen If it shall so happen the said William not to prosecute in form aforesaid with effect c. REPLEVIN Michaelmas Term Anno 23. Eliz. Rot. 1160. in the Common Pleas C. 1. part Capels Case Fo. 54. THomas Gately was summoned to answer John Hunt of a Plea wherefore he took the Cattel of the said Iohn and them deteined against Gages and Pledges c. And whereupon the said Iohn by Iohn Lutwich his Attorney complaineth that the aforesaid Thomas the 27th day of November in the yeer of the Reign of the Lady the Queen that now is the 22th at Howcaple in a certain place called Stockins took his Cattel that is to say 6. Oxen and 6. Cows of him the said Iohn and them unjustly deteined against Gages and Pledges untill c. whereupon he saith he is the worse and hath loss to the value of 100 pound and thereof bringeth sute c. and the aforesaid Thomas by Thomas Willis his Attorney comes and defends the force and injury when c. And as Bayliff of Anthony Capel Gent. acknowledgeth the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because that he saith that the place in which it is supposed the taking of the Cattel aforesaid to be done doth contein and at the time of the taking of the Cattle aforesaid supposed to be done did contein in it 300. Acres of Land with the appurtenances in Howcaple aforesaid and that long before the aforesaid time in which c. One Thomas Capel Esquire was seised of the Manor of Howcaple with the appurtenances in the County aforesaid whereof the aforesaid 300. Acres of Land with the appurtenances in which c. are and at the aforesaid time in which c. as also time whereof the memory of men is not to the contrary were parcel in his demesn as of Fee and so thereof being seised after the fourth day of February in the yeer of the Reign of the Lord Henry late King of England the 8th the 27th and before the time in which c Of the said Manor with the appurtenances whereof c. amongst other enfeoffed Iohn Warmcombe Richard Wahrein Alexander Whittington Thomas Walwem Iohn I loid and Henry Iones To have and to hold the said Manor with the appurtenances whereof c. amongst other to the said Iohn Warmcombe Richard Walwein Alexander Whittington Thomas Walwein Iohn Llud and Henry â—ones their Heirs and Assigns for ever To the use of the aforesaid Thomas Capel and the Heirs Males of his body lawfully begotten and for default of such issue to the use of Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for default of such issue to the use of Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such issue to the use of William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel for ever By virtue of which Feoffment and by force of a certain Act of Parliament of the aforesaid late King at Westminster of transferring uses into possession in the 27th yeer abovesaid holden made The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the Remainder thereof in form aforesaid expectant and the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. amongst other in form aforesaid being seised before the aforesaid time in which c. at Howcaple aforesaid dyed of such his estate thereof seised after whose death The Manor aforesaid with the appurtenances amongst other descended to one William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten by which the said William Capel the Son before the aforesaid time in which c. into the Manor aforesaid with the appurtenances whereof c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten for default of such issue the remainder thereof to the aforesaid Edward and the Heirs Males of his
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
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
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
Integrity and gravity And further to the said Lord the King we Certifie That afterwards that is to say the first day of February in the yeer of the Reign of the said Lord the King that now is the 8th the aforesaid James Bagg continuing in his evil disposition and intent aforesaid at Plymouth aforesaid in the Guild-hall of the Borough aforesaid in the presence of one Thomas Fowens then being Mayor of the Borough aforesaid in the presence and hearing as well of the Chief Burgesses as of the other Inhabitants of the Borough aforesaid scornfully and without reasonable cause spake to the aforesaid Thomas Fowens these false and injurous words following that is to say Thou the aforesaid Thomas Fowens then Mayor intending art an Insolent Fellow whereas in Truth the said THOMAS in the whole course of his Life bore himself towards all Men Honestly Civily and with Praise And further to the said Lord the King we certifie that the afterwards that is to say the first day of August in the yeer of the Reign of the said Lord the King that now is the 9th at Plymouth aforesaid in the presence and hearing of the aforesaid Thomas Fowens and of very many other of the Burgesses of the Burough aforesaid being gathered together in the Guild Hall of the Burough aforesaid the aforesaid James Bagg continuing his evil disposition and intent aforesaid divers contemptible words of the aforesaid Thomas Fowens then being Mayor of the Burrough aforesaid with a loud voice spake and uttered upon which the aforesaid Thomas Fowens with mild words admonishing the aforesaid James Bagg that he would desist from uttering such contemptible words aforesaid the aforesaid James Bagg thereupon then and there that is to say the 10th day of August in the 9th yeer abovesaid at Plymouth aforesaid and in the presence and hearing of the aforesaid Thomas Fowens then Mayor of the Burrough aforesaid and very many other of the Burgesses and Inhabitants of the Burrough aforesaid and in contempt and disdain of the said Thomas Fowens then Mayor turning the hinder part of his Body in an unhumane and uncivil manner towards the aforesaid Thamas Fowens scoffingly contemptuously and uncivily with a loud voice said to the aforesaid Thomas Fowens these words following that is to say come and Kâ—ss And further to the said Lord the King we certifie that afterwards that is to say the 20th day of August in the yeer of the Reign of the Lord the King that now is the 19th at Plymouth aforesaid the aforesaid James Bagg with most arrogant words threatned the said John Fowens then being Mayor oâ— the Burrough aforesaid without any reasonable cause and then and there to the said John Fowens threatningly and malitiously spake the words following that is to say I will make thy neck crack And further to the said Lord the King we certify that afterward that is to say the third day of May in the yeer of the Reign of the Lord the King that now is the 12th A certain Order and friendly Instrument of admonition was made by Iohn Scobb Mayor of the Burrough aforesaid and the greater part of the Chief Burgesses of the same Burrough in these words that is to say The 9th day of May 1614. the day and year above written It was agreed by John Scobb Mayor and such other of the Maisters here under written that if Mr. Iames Bagg the Elder do not before the next sâ—ssions to be holden within the Burrough of Plymouth Reconcile himself to the said Mayor and his brethren for such wrongs as he hath committed against them and withall faithfully promise to demean himself more orderly temperately for the time to come that then he shall be clean removed from the Bench and a new Master chosen in his Room which Order or Instrument was made and subscribed by the said Mayor and other of the Chief Burgesses of the Burrough aforesaid And further to the said Lord the King we Certifie That the aforesaid James Bagg before the aforesaid next sessions in the Order aforesaid mentioned did not make any such reconciliation or promise of Conformity as in the Order aforesaid is specified although full notice of the aforesaid Order immediately after the making thereof before the aforesaid next sessions was given to him at Plymouth aforesaid And further to the said Lord the K. we Certifie that afterwards that is to say the 20th day of Febr. in the yeer of the Reign of the said Lord the K. that now is the 12th the afores Jam. Bagg continuing his evil dispositioÌ„ in his intent aforesaid at Plymouth afores in the Guild-hall of the Borough aforesaid in the presence hearing of John Scobb one of the Chief Burgesses of the Borough aforesaid And then being a Justice for the keeping of the Peace within the Borough aforesaid by virtue of the Letters Patents aforesaid by reason of his Mayralty of the Borough aforesaid the yeer then next before and in the presence and hearing of the then Mayor of the Borough aforesaid and of diverse other of the Burgesses and Inhabitants of that Borough contemptuously these words following spake uttered of the aforesaid John Scobb openly and publickly falsely and scandalously that is to say You the aforesaid John Scobb intending are a Knave whereas the aforesaid John Scobb honestly and with praise carried and governed himself And further to the said Lord the King we Certifie That afterwards that is to say the 10th day of December last past then the Mayor of the said Borough and diverse of the Chief Burgesses of the Borough aforesaid at Plymouth aforesaid being assembled together in the Almes-house of the said Borough to require and receive an Account of the Overseers of the Borough of the Borough aforesaid as in times past and time whereof the Memory of Man is not to the contrary it was used the aforesaid James Bag then and there in the presence and hearing of the said Mayor and other of the Chief Burgesses aforesaid without any reasonable cause openly and publickly sayd to the said Thomas Shervill there then present and one of the Chief Burgesses of the Burrough aforesaid and for the space of 10. yeers then last past being these false and scandalous words following that is to say You the said Thomas Shervill intending are a seditious Fellow whereas in Truth the aforesaid Thomas Shervill alwaies lived not suspected of any such crime of Sedition and from time in the Office of Mayor of the Burrough aforesaid as in the place and Office of Chief Burgesse Honestly Discreetly and with great Integrity carried and governed himself And further to the said Lord the King we Certifie That whereas the said Lord the King the day of January in the 12th yeer of his Reign aforesaid at Westminster in the Counâ—y of Middlesex with the Advise of the Lords of his Privy Council of this his Realm of England Ordained and Commanded by publick Proclamation and by Letters written under
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
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
said Honour of Wallingford And that the like process sutes and pleas should be for ever holden received and should be used in the said Honour of Newline otherwise Eweline as at the first day of the same Parliament were used or exercised in the said Honour of Wallingford And that the said late King Henry the 8th should have to him his Heirs and Successors for ever the said Honour and Castle of Wallingford and all Lordships Mannors Lands Tenements and other Hereditaments whatsoever appertaining to the said Honour or Castle or reputed or taken to be any part of the possessions or parcel or member of the said Honour and Castle from thence for ever to be severed and divided from the aforesaid Dutchy And that the said Honour and Castle of Wallingford from thence for ever should be named and called the Castle and Mannor of Wallingford And also that the said Castle and Mannor of Wallingford and all Lordships Mannors Lands Tenements and other Hereditaments whatsoever which then should be belonging or appertaining to the said Mannor or reputed or taken to be any part parcel or member thereof and all manner of Liberties Franchises Privileges Royalties and Jurisdictions before that used within the said Honour of Wallingford from thence for ever should be united annexed knit adjudged deemed accepted reputed and called part parcel and member of the said Honour of Newelm otherwise Ewelm in the aforesaid County of Oxford And further it was enacted by Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th That all and singular person and persons who then held any Mannors Lands Tenements or Hereditaments of the aforesaid late King Henry the 8th and of the most excellent and undoubted Prince Edward the Son and Heir apparent of the said late King Henry the 8th as of the said Honour of Wallingford or of any other Lordships or Mannors being parcel or member of the said Honour of Wallingford from thence for ever after should hold their said Mannors Lands Tenements and Hereditaments of the said late King Henry the 8th his Heirs and Successors as of the aforesaid Mannor and Castle of Wallingford or of the said Lordships or Mannors being parcel and members of the said Honour of Wallingford parcel of the said Honour of Newelm otherwise Ewelm by the said Rents Sutes Customs and Services as they and every of them held payed or did before the making of the said Act of Parliament and not by more or other Rents Sutes Customs or Services Saving to every person and persons Bodies Corporate Politick their Heirs and Successors and to every of them other than the most excellent and undoubted Lord Prince Edward which then was and his Heirs and to any other who from thence for ever should happen to be the Kings Eldest Son and new Heir of the Crown of this Kingdom of England All such Right Title Interest Possession Fees Offices Annuities Rents Commons and all other Commodities and Hereditaments whatsoever which they or any other of them lawfully held had could or ought to have had if the said Act of Parliament had never been made And further It was Enacted by the Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th That the aforesaid Excellent and undoubted Prince Edward which then was and every other who from henceforth for ever should happen to be Eldest Son of the King and next Heir of the Crown of this Kingdom should have hold and enjoy for ever annexed united and knit to the aforesaid Dutchy of Cornwall for and in full Recompence of the aforesaid Honor Castle of Wallingford and other the premises in the said Act before mentioned to the said Honor of Wallingford then before belonging as part and parcel of the said Dutchy of Cornwall The Manor of VVest Taunton Trelowia and Landalph with the Appurtenances in the County of Cornwall amongst other things in such manner and form and of such like Estate as the sayd Excellent and undoubted Prince before the making of the same Act of Parliament had held or enjoyed the aforesaid Honour and Castle of Wallingford and all the premises parcel of the said Honour And that all and singular the aforesaid Manors with all and singular their Appurtenances then amongst other limitted and assigned by the said Act in the aforesaid Parliament of the aforesaid late King Henry the 8th to the aforesaid Dutchy of Cornwall and every of them from thence for ever should be reputed deemed adjudged accepted and taken by authory of the same Parliament as part parcel and member of the said Dutchy of Cornwall in such and the like manner and form to all purposes and intents as the said Honour and Castle of Wallingford and the members and parcels of the same were before the making of the same Act any Act Law Custom or use to the contrary notwithstanding As by the said Act in the aforesaid Parliament of the aforesaid late K. Hen. the 8th made amongst other things it more fully appeareth And whereas before until the time of the making of the aforesaid Act of Parliament made in the afores Parliament of the afores late K. H. the 8th The aforesaid Honour Castle of Wallingford members parcel thereof were part parcel and members of the aforesaid Dutchy of Cornwall according to the form and effect of the aforesaid Charter and Grant by the aforesaid late King Edward the third with the common assent aforesaid and Authority of his Parliament aforesaid as before is said made and as in the aforesaid Charter are mentioned and above recited and the aforesaid excellent and undoubted Prince Edward in the aforesaid Act made in the aforesaid Parliament of the aforesaid late King Henry the 8th before the time of making of the aforesaid Act made in the Parliament aforesaid of the aforesaid late King Henry the 8th had and enjoyed in the aforesaid Honour and Castle of Wallingford and other the premises parcel of the same Honour in such manner and form and of such estate as is enacted and limited in the aforesaid Charter and Grant aforesaid of the aforesaid late King Edward the third in the year of his Reign the 11th aforesaid by the Authority of Parliament made as before is said And the aforesaid Castle of Wallingford with the Hamlets and Members thereof And the aforesaid Honour of Wallingford with the Appurtenances in the aforesaid Charter and Grant by the aforesaid late King Edward the third as before is said made specified are one and the same and not others or divers By vertue of which the said late Prince Edward eldest Son of the aforesaid late King Henry the 8th and Duke of Cornwal was seised of the aforesaid Manors of West Tannton Trelowia Landalph with the Appurtenances in his Demesn as of Fee as parcel of his Dutchy of Cornwal aforesaid according to the form and effect of the aforesaid Act of Parliament and he thereof so being seized the aforesaid late
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
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
said late Queen after the beginning of her Reign was or then after should be intituled by any Attainder Escheat Conveiance or Assurance whatsoever and in which Letters Patents Grants or Writings no Estate Tail then before made or supposed to be made was recited or from henceforth should be and the Reversion or Remainder thereof expectant in the said Letters Patents Grants or Writings granted or mentioned to be granted or any defect of certainty or ill computing mistaking rating or setting forth of the yeerly value or rate of the premises or yeerly Rents reserved of and for the premises or any parcel thereof mentioned or conteined in the same Letters Patents aforesaid or other Writings or for that that the premises then were or any part thereof valued at a greater or lesser value in the said Letters Patents or Writings than the said Manors Lands Tenements and other premises then were or were in yeerly value or any misnaming or not true naming of Town Hamblet Parish or County where the said Honors Manors Lands Tenements Rents Hereditaments and other the premises and every part thereof or any parcel thereof lay or were or any defect of true naming of the Lands Tenements or Hereditaments or any parcel thereof or of the Nature Kind Quality or Quantity of the aforesaid Possessions or Hereditaments or of any parcel thereof or any default of true naming of any Corporation or any default of Attornment Livery or Seisin or any ill naming of any the late Tenants of the aforesaid Honors Manors lands Tenements and Hereditaments or of any part thereof so sold granted or given or any ill naming of any person or persons Bodies Politick or Corporate who any time before the making of such Letters Patents were or then after should be proprietors of the premises or any any part thereof to the contrary notwithstanding as by the said Act amongst other things it more fully appearh And the said John Hele and Warwick further say That the said late Queen Elizabeth never had any Son And that the aforesaid Gellio Merick and Henry Liâ—dley were at and before the time of the making of the said Leters Patents so as before is said made Subjects of the said late Queen Elizabeth and born at Westminster aforesaid All and singular which The said John Hele and Warwick are ready to aver Whereupon they demand Judgement if the said Letters Patens of the aforesaid late Queen Elizabeth of the Manors aforesaid with the Appurtenances so as before is said made ought to be revoked and annulled or the Manors aforesaid with the Appurtenances or any of them ought to be seized into the Hands of the Lord the King that now is c. And the aforesaid Henry Hobert Knight Attorny General of the Lord the King that now is who c. present in Court in his proper person As to the aforesaid Plea of the said Henry Lindley above in form aforesaid pleaded for the said Lord the King saith That the said Henry Lindley ought not be admitted to plead That there is not any such Record of any such Act of Parliament of the aforesaid Lord King Edward the 3d. made Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made as in the aforesaid Writ of Scire Facias thereof is recited and specified Because he saith That the said Lord King JAMES now King of England saw the Inrollment of the aforesaid Act of Parliament of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is within his Tower of London in the yeer of the Reign of the aforesaid late King Edward the 3d. the 11th inrolled upon Record there remaining The Tenor of Inrollment of which Act of Parliament and Charter aforesaid the said JAMES now King of England by his Letters Patents under the Great Seal of England sealed here in Court by the aforesaid Attorny General of the Lord the King that now is for the said Lord the King that now is now brings in Court bearing date at Westminster aforesaid the 5th day of March in the yeer of the Reign of the said Lord the King that now is of England France and Ireland the 3d. and of Scotland the 39th Exemplified amongst other things Which Exemplification as to the Inrollment of the aforesaid Act of Parliament and Charter aforesaid followeth in these words JAMES by the Grace of God of England Scotland France and Ireland defender of the Faith c. To All to whom these present Letters shall come greeting We have seen the Inrollment of a certain Charter bearing date the 17th day of March in the yeer of the Reign of the Lord Edward late King of England the 11th To his well-Beloved and Faithful Edward Earl of Chester his Eldest Son granted in the Rolls of our Chancery within the Tower of London remaining of Record in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Provosts Ministers and all Bayliffs and his faithful People Greeting Amongst other the tokens of Honour of our Kingdom we esteemed it the chiefest that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels Therefore there being many degrees of Inheritance in our Kingdom where by descent the Inheritance according to the Law of this Kingdom to Co-heirs and Parciners and for want of such issue and such like events the same came to our Hands We therefore desiring to beautifie our Kingdom and in best manner to defend our Kingdom and the holy Church thereof and our Subjects and Kingdoms against the endeavors and Adversaries thereof and considering and looking that Peace between us and Subjects be maintained and to dignifie the Places of honour of our Kingdom And taking into our consideration the person of our well-Beloved and Faithful Edward Earl of Chester our Eldest Son and taken to Honour the same our Son the name and Honour of Duke of Cornwall with the common consent and counsel of the Prelates Earls Barons and others of our Counsel in this present Parliament at Westminster upon Monday next after the Feast of Saint Mathew the Apostle last past being assembled we have given and made him Duke of Cornwall and girt him with a Sword as behoveth And that there may be no doubt hereafter what or how much the same Duke or other Dukes of the same place who for the time shall be in the name of the said Dutchy ought to have Our Will is that all in specialty which to the said Dutchy doth beloug be inserted in this our Charter Therefore for us and our Heirs we have given and granted and by this our Charter confirmed to the same our Son under the name and Honour of Duke of the said Place The
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
thereof it is recited and specified above alleged which matter the aforesaid Henry Lindley doth not deny nor to the same any waies answereth but that averment to admit utterly refuseth the said Attorny General of the said Lord the King that now is for the said Lord the King that now is demandeth Judgment and that the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the Court of the Lord the King that now is here will avise off and upon the premises before it proceedeth to Judgment thereof day is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King that now is in the said Court here untill in 8. days of St. Hilary next c. wheresoever c. to hear their Judgment thereof because the said Court hereof thereof not yet c. At which day of 8. days of Saint Hillary that is to say at Westminster aforesaid come as well the aforesaid Henry Hobart Knight Attorney General of the said Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid and upon this the Attorny General of the Lord the King that now is as at first demandeth Judgment and that the aforesaid Letters Patents of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances in form aforesaid made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the said Court of the Lord the King that now is here will farther avise before that it proceed to Judgment thereof day farther is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele here untill in 15 days of Easter next c. wheresoever c. to hear their Judgment thereof because the said Court of the Lord the King that now is here thereof not yet c. SCIRE FACIAS Easter Term. 2i Eliz. Râ—t 1. The Record of the Case of Mark Steward vouched in Co. 9th part in Sr. Georege Reynels Case fol. 99. b. MEmorandum that Thomas Bromley Knight Chauncellor of the Queen Monday next after the Morrow of the Ascension of our Lord this Term before the Lady the Queen at Westminster by his own hand delivered here into the Court a certain Record before the Lady the Queen had in her Chancery in these words Pleas before the Lady the Queen at Westminster in the Term of Easter in the yeer of the Reign of Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. the 21th Middlesex ss It is manifest that the Lord Philip and the Lady Mary late King and Queen of England Sister of the Lady the Queen that now is for them the Heirs and Successors of the said Lady Queen Mary by the Letters Patents of them the said late King and Queen Philip and Mary made under the great Seal of England bearing date at Westminster the 23th day of September in the 3. and 4th yeer of the said late King Philip and Mary gave and granted to one Mark Steward gen the Office of Sergeant at Arms of them the said late King and Queen Philip and Mary attendant upon her Chauncellor of England for the time being and made ordayned and appointed by the said Letters Patents him the said Mark their Sargeant at Arms to have and enjoy the said Office to the said Mark for the Term of his life and that the said King Philip and Queen Mary for them the Heirs and Successors of the said Queen Mary by the same Letters Patents gave and graunted to the said Mark for the exercising and occupying the said office aforesaid the wages and Fee of 12. pence by the day To have hold and receive yeerly the said wages and Fee of 12. pence to the said Mark for the Term of his life of the Issues and profits of the Hamper of the said late King Philip and Queen Mary by the hands of the Clerk or Keeper of the aforesaid Hamper for the time being yeerly to be paid as by the said Letters Patents amongst other it more fully appeareth By colour of which Letters Patents the said Mark was seised of the Office aforesaid as of Freehold for the term of his life And whereas also it is found by a certain Inquisition Indented taken at VVestminster in the County of Middlesex the 24th day of June in the yeer of the Reign of the said Lady the Queen that now is the 19th before Kalph Hurlestone Esquire John Muthal Esquire Francis Folyat Esquire and John Stratham Gent. By virtue of a Commission of the said Lady the Queen that now is to them and to one John Goodman directed by the Oaths of 12. men That the said Mark did not serve in the said Office of Sergeant at Arms according to the effect and Tenor of the aforesaid Letters Patents to him made from the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is unto the first day of February then next past before the Inquisition aforesaid but for all that time absented himself from that Office as by the said Inquisition retorned in the Court of the Chancery of the said Lady the Queen as in the files of Record there remaining it appeareth And now at this day that is to say the 7th day of May in the yeer of the Reign of the said Lady the Queen that now iâ— the 21th coâ—eth the aforesaid Mark Steward into the Chancery of the said Lady the Queen â—ow is at Westminster by Edward Cockel his Attorny and complaineth that â—y reâ—â—on and colour of the Inquisition aforesaid himself to be unjustly removed from the exercising and holding of his said Office aforesaid Because By Protestation that the said Inquisition is not sufficient in Law to â—â—â—â—ve him the said Mark from the exercising of his Office aforesaid â—o â—â—e shewing of his right in this behalf the said Mark saith that the 〈◊〉 Lady the Queen that now is long after the making of the said Letters Patents that is to say the last day of Nov. in the yeer of her Reign the 〈◊〉 at Westminster in the County oâ— Mâ—ll gave liâ—â—nsâ—â—oth â—said Mark 〈◊〉 hâ—â—self from the exercising his Office during the pleasure of him â—â—â— said Mark until he was commanded by her the said Lady
the Queen that now iâ— to serve in his Office aforesaid By virtue of which License of the said Lady the Queen to the aforesaid Mark as afore is said the said Mark by the whole time of his absence specified in the Inquisition aforesaid And 〈◊〉 the â—â—â— Mark for further shewing of his Right saith That he now is and alwâ—â—â—â—om the aforesaid time of removing him from the Exercising of his Offiâ—â— aforesaid was ready and often time offered himself to serve in his Office aforesaid And that as yet from the time of the License of the said Lady the Queen of absenting himself to the said Mark made the said Lady the Queen that now is had not commanded him to serve in his Office aforesaid Without that that the said Lady the Queen that now is hath any other Right or Title in or to the Office aforesaid than as before above it is alleged And without that That there is any such Record besides the Record of the Inquisition aforesaid which makes or shewes or can make or set forth any Title of the said Lady the Queen that now is in or to the Office aforesaid All and singular which the said Mark is ready to aver as the Court here shall award and therefore he demandeth Judgement and that to the possession and exercising of his Office aforesaid together with the Wages and Fee aforesaid and to the issues and profits to the said Office due and belonging from the time of his removing from the said exercising of his Office aforesaid be restored c. And Gilbert Gerrard Attorny General of the Lady the Queen that now is who prosecuteth for the said Lady the Queen in this behalf saith That by any thing by the said Mark Steward above in pleading alleged The said Lady the Queen of her Right and Title in or to the Office aforesaid ought not to be barred Because he saith That the said Lady the Queen did not give License to the said Mark to absent himself from the exercising of his Office aforesaid at the pleasure of him the said Mark until he were Commanded by the said Lady the Queen to serve in his said Office aforesaid in manner and form as the aforesaid Mark in his shewing of his Right to the Office aforesaid above alleged And this the said Attorny of the said Lady the Queen that now is for the said Lady the Queen prayeth it be enquired of by the Country And the aforesaid Mark likewise Therefore day is given before the said Lady the Queen that now is in the Morrow of the Ascension of our Lord wheresoever she should be in England to do and receive what was just in the premises And it is commanded to the Sheriff of Middlesex That he cause to be here before the Lady the Queen at that day 12. good and lawful men of the Vicinage of the City of Westminster who are not of Kindred or Affinity of the said Mark To Recognize upon their Oath more fully the truth of the premises At which Morrow of the Ascension of our Lord before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Geâ—rad who prosecutes c. as the aforesaid Mark Steward by John Manning his Attorny And the Sheriff retorns the names of 12. whereof none c. Thtrefore it is commanded to the Sheriff That he do not omit c. but that he destrein them by all their Lands c. And that of the Issues c. And that he have their Bodies before the Lady the Q. in 8. dayes of the Holy â—rinity wheresoever c. To Recognize in form aforesaid c. And the same day is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward c. At which 8. dayes of the â—oly â—rinity before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And the Jurors of the Jury aforesaid being called likewise come And upon this publick Proclamation is made for the Lady the Queen as the use is That if there be any one who will inform the Justices oâ— the Lady the Queen here the Serjeant at Law of the Lady the Queen or the Attorny General of the Lady the Queen or the Jurors aforesaid oâ— the premises that he come and should be heard And Edward Anderson one of the Serjeants of the Lady the Queen at Law to do this offered himself By which it is proceeded to the taking of the Jury aforesaid by the Jurors aforesaid now there appearing who to say the truth of the premises chosen tryed sworn say upon their Oath That the Lord Philip and the Lady Mary late King Queen of England by their Letters Patents under the Great Seal of England made bearing date at Westminster the 23th day of September in the yeers of the Reigns of the said late King and Queen the 3d. and 4th Gave and granted to the said Mark the Office of Serjeant at Arms attending upon their Chancellor of England for the time being and made him the said Mark their Serjeant at Arms aforesaid made Ordained and Constituted by the said Letters Patents for the term of his life To have and enjoy the said Office to him the said Mark for the term of his life And moreover the said late King and Queen gave and granted by the Letters Patents aforesaid for them the Heirs and Successors of the said Queen for the exercising and holding of the Office aforesaid the Wages and Fee of 12. pence per diem To have hold and perceive yeerly the said Wages and Fee of 12. pence the day to the said Mark for the term of his life of the issues and profits of their Hamper of their Chancery by the Hands of the Clerk or Keeper of the said their Hamper and the Heirs of the aforesaid late Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any way anciently belonging due and accustomed And the said Mark Steward brings here in Court the Letters Patents aforesaid which followes in these words Philip and Mary by the Grace of God King and Queen of England Spain France both Cicilies Jerusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgondy Milain and Brabant Earl of Haspurge Flanders and Tiroll c. To All to whom these present Letters shall come Greeting Whereas our most dear Brother Edward late King of England the 6th by his Letters Patents made under the Great Seal of England bearing date at Greenwich the 8th day of April in the 4th yeer of his Reign of his special Grace certain Knowledg and meer Motion as also with the Advice and Consent of his Council had given and granted to his well-Beloved Richard Hatchman Gentleman the Office
of his Serjant at Arms Attendant upon his Chancellor of England for the time being and had made Ordained and Constituted by his said Letters Patents him the said Richard his Serjeant at Arms for the term of his life And moreover by his said Letters Patents had given and granted to the aforesaid Richard Hatchman for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have hold and receive yeerly the said Wages and Fee of 12. pence by the day for the term of his life from the time of the death of his Serjâ—â—nt at Arms which should next dye of the issues and profits of the Hamper of the Chancery eâ—â—her by the Hands oâ— the Clerk or the Keeper of the said his Hamper for the time being at the Feasts of Saint Michael the Archangel and Easter by equal portions yeerly to be paid with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed as by the said Letters Patents more fully appeareth And because the said Richard Hatchman is now willing to deliver up the aforesaid Letters Patents in our Chancery to be cancelled Which Letters Patents there now are cancelled as we have certain Knowledge to the intent that we would be gratiously pleased to grant to our well Beloved Mark Steward Gentleman other Letters Patents of the premises We therefore taking Consideration of the premises Of our special Grace certain Knowledge and meer Motion have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen do give and grant to the said Mark Steward the aforesaid Office of our Serjant at Arms Attendant upon our Chancellor of England for the time being And him the said Mark our Serjeant at Arms do make Ordain and Constitute by these presents To have and enjoy the said Office to the said Maâ—k Steward for the term of his life And moreover we have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen we do give and grant to the aforesaid Mark Steward for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have enjoy and perceive yeerly the said Wages and Fee of 12. pence by the day to the aforresaid Mark for the term of his life of the issues and profits of our Hamper of our Chancery by the Hands of the Clerk or Keeper of the said our Hamper and the Heirs of our said Lady the Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed c. Although the certain expresse mention of the premises or any of them or of other gifts or grants by us or by any of our Progenitors to the aforesaid Mark Steward before this time made in the premises there is not made or any Statute Act Ordinance Provision or any other thing cause or matter whatsoever in any thing notwithstanding In Witnesse whereof these our Letters we have caused to be made Patents Witnesse our selfs at Westminster the 23th day of September in the yeer of our Reigns the third and 4th By Colour of which Letters Patents the said Mark Steward well and truly to execute the said Office was sworn And further the said Jurors say That the last day of November in the year of the Reign of the Lady the Queen that now is the 11th The said Lady the Queen at the humble Petition and request of the Right Honourable â—ord the Earl of Leicester and Robert Huyck Doctor of Physick granted that the said Mark Steward might absent himself from the exercising of his Office of Sergeant at Arms Attendant in his proper person upon her Chancellour of England for the time being during the good pleasure oâ— the said Mark until the said Lady the Queen should command him to serve in his Office aforesaid as by the deposition of the said Robert â—uyck and by a certain Letter under the proper hand writing of the said Earl of â—eicester which we found to be true in these English words following here unto the Court to the Jurors aforesaid in evidence given and shewed it more fully appeareth The Deposition of which Robert Huyck followeth in these words That is to say I was an humble Suter unto her gracious Majesty about ten years past that she would licence Mark Steward Serjeant at Arms Attendant upon the then Lord Keeper to give off his attendance in his own person to the end he might withdraw himself into the Country to play the good husband in his own house so long only as she should permit him and not recall him to his former attendance and the Office should be served otherwise to her Majesties contentation and the Lord Keepers well liking the which my Suâ—e she did very graciously grant me And after that upon the Lord Keepers praising Augustine Steward I commended him to the Queen as one very fit to discharge his brothers absence with his attendance I did sue to my Lord of Leicester and divers other of the Lords to speak in my behalf for the furtherance of the sute so in the end the Queen said I do like well and am right well content that Mark Steward do cease from his Waiting untill We shall Resolve otherwise And if his Brother be found sit he shall serve in his place during the time of his absence which Letter subscribed under the proper hand writing of the said Earl of Leicester followeth in these words To my very good Lords the Lord Chancellor and the Lord Chief Justice of England and to either of them ss After my most hearty commendations to your Lordships This Bearer Mark Steward hath earnestly besought me to advertise your Lordships of my knowledge touching her Majesties leave for the said Stewards not attendance to his Office of Sergeant-ship Wherein this is very true that about Michaelmass as I take it in the 10th year oâ— her Majesties Reign the Court being then at Windsor Mark Steward both himself and his friends for that he had a desire to remain in the County earnestly travelled with me to be his mean for the obtaining of her Majesties good leave and favour that without any prejudice for not attending he might at his pleasure so do and for the supplying of his place which he had to serve about the late Lord Keeper of the Great Seal as Serjeant at Arms he acquainted me with the good liking and contentation my said Lord Keeper had to have a Brother of his to attend in his place To which also I gave my best furtherance afterwards Whereby her Majesty pleased both to grant her favourable License to Mark Steward for his absence and to allow his brother to supply his place who was accordingly
sworn therein and many years served the place Thus much being on my own knowledge to be true at his humble and earnest sute I thought good to advertise your Lordships and so do bid your Lordships farewell from the Court the 21th day of May 1579. your Lordships loving Friend R. Leicester And the Jurors further say That the aforesaid Augustine Steward brother of him the said Mark the 6th day of January in the 11th year abovesaid at Hampton Court in the County of Middlesex by the said Lady the Queen was admitted ordained and constituted to attend in the place and room of him the said Mark his brother upon Nicholas Bacon Knight then being Lord Keeper of the Great Seal of England and to the said Office for in the place and room of him the said Mark well and faithfully to exercise and execute then and there in the presence of the said Lady the Queen was sworn as by the Deposition of the said Augustine Steward which followeth in these words we finde to be true After Christmass and before Hillary Term in the 11th year of her Highness Reign on a Sunday or Holiday her Majesty coming from the Closet at Hampton Court was moved by the Right Honourable deceased Earl of Pembroke for the instituting of Augustine Steward Sergeant at Arms to attend upon the Lord Keeper To whom her Majesty answered My Lord he is not to have his brothers Office but is to be appointed only to attend in his place for him at such time as his brother shall be absent her Majesty making then relation of her favourable License already granted to Mark Steward to abide in the Country and to absent himself from her service at his pleasure until he should by her Majesty be called again to his attendance upon the said Lord Keeper And then the said Augustine was sworn to attend as is above specified By colour of which the said Augustine Steward in the absence of him the said Mark Steward his brother the aforesaid Office of Sergeant at Arms attendant upon the Chancellor of England from thence until the 20th day of June in the year of the Reign of the said Lady the Queen that now is the 18th used and executed But whether the said Lady the Queen by word only without Writing sealed can give sufficient License in Law to the said Mark Steward to absent himself from the exercising of his Office aforesaid the Jurors aforesaid are utterly ignorant and thereof pray the ayd and advise of the Court here in the premises And if upon the whole matter aforesaid it shall seem to the Court of the Lady and Queen here That the said Lady the Queen that now is can by word only without her writing sealed give sufficient License in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the said Jurors say That the said Lady the Queen that now is gave Licence to the said Mark Steward to absent himself from the exercise of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid in manner and form as the said Mark above in pleading alledged And if upon the whole matter aforesaid It shall seem to the Court of the Lady the Queen here That the said Lady the Quâ—en cannot by word only without her Writing sealed give sufficient license in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the Jurors aforesaid say That the said Lady the Queen did not give license to the said Mark to absent himself from the exercising of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised c. Therefore day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until in 8. dayes of Saint Michael before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Michael before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof are not yet avised c. Therefore further day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until from the day of Saint Martin 15. dayes before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Martin before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the said Mark Steward by his Attorny aforesaid Upon which all and singular the premises being seen and fully understood by the Court here and mature deliberation being had thereof the Queens Serjeant at Law and the Attorny General of the said Queen being called to it and present It was awarded That the said Office of Serjeant at Arms holden in the Hands of the said Lady the Queen be restored to the said Mark And that the said Mark Steward to the exercising and holding of his Office aforesaid from which he was amoved together with the Wages and Fees thereof to the said Office due and belonging from the time of his amoving from the exercising of his Office aforesaid hitherto received and with-holden be restored c. Saving the Right of the Queen if any c. TRESPAS Hillary Term Anno 41. Elizabeth Rott 1049. in the COMMON-PLEAS C. â— part Corbets Case fol. 77. b. ROwland Corbet late of Stokefaston in the County aforesaid Esquire was Leicest attached to answer to Arthur Corbet Gentleman of a Plea wherefore with force and Arms the Close of the said Arthur at Stokefaston aforesaid he broke and his Grasse there to the value of 10. pound growing with certain Cattel Fedd Trod and Consumed and other harms to him did to the great damage of the said Arthur and against the Peace of the Lady the Queen that now is c. And whereupon the said Arthur by Lawrence Lyter his Attorny complaineth That the said Rowland the 20th day of June in the yeer of the Reign of the Lady the Queen that now is the 40th with Force and Arms c. the Close of him the said Arthur at Strokefaston broke and his Grasse there to the value c. there then growing with certain Cattel that is to say with Horses Cows Hoggs and Sheep fed trod and consumed and other harms c. to the great damage c. and against the Peace c. Whereupon he saith that he
is the worse and hath damages c. to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Rowland by William Evering his Attorny cometh and defendeth the force and injury when c. and as to the force and armes saith that he is in nothing thereof guilty And as to the rest of the Trespas aforesaid supposed to be done the said Rowland saith That the aforesaid Arthur his Action thereof against him ought not to have Because he saith That the Close aforesaid as also the place in which it is supposed the Trespasse aforesaid to be done and the time aforesaid in which it is supposed the same Trespasse to be done were 20. Acres of Pasture with their Appurtenances in Stokefaston aforesaid called New-Close and that before the time in which c. One Christopher Corbet Esquire Father of the aforesaid Rowland and Arthur was seized of the Manor of Stokefaston with the Appurtenances in the County aforesaid whereof the aforesaid 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. As also time whereof the Memory of Men is not to the contrary were parcel in his Demesn as of Fee And so thereof being seized The said Christopher before the time in which c. that is to say the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th at Stokefaston aforesaid By a certain Indenture made between him the said Christopher By the name of Christopher Corbet of Stokefaston in the County of Leicester Esquire of the one part and Richard Slade Henry Allin Thomas Hunt and George Noon Gentleman of the other part One part of which sealed with the Seal of the said Christopher the said Rowland brings here in Court whose date is the same day and yeer It is witnessed That the aforesaid Christopher Corbet for and in consideration of Fatherly Love Zeal and Affection which he the said Christopher Corbet bore to the aforesaid Rowland Corbet Eldest Son of the said Christopher and for his Preferment and Advancement and for the Promotion Preferment and Establishment of Living of the said Rowland and the Heirs of his Body lawfully issuing And for and in consideration of Fatherly Love Zeal and Affection which the said Christopher bore to the said Arthur Corbet his other Son and for his Preferment and Advancement of Living And also for and in consideration of the great Love and Affection and Favour which he the said Christopher bore to Francis Corbet Son of Humphry Corbet late of Ratley in the County of Warwick Gentleman deceased his near Cosin and Kinsman and for his Preferment and Advancemement And also for the Establishment Preservation and Continuance of all and singular the Manors Lands Tenements Possessions and Hereditaments whatsoever of him the said Christopher within the Kingdom of England then after in the same Indenture mentioned or contained in the Name and Blood of the aforesaid Christopher and for other good and just causes and considerations him the said Christopher moving By the same Indenture for him and his Heirs Covenanted Granted Condescended and Agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators and to and with every of them in manner and form after in the said Indenture mentioned That is to say That he the said Christo Corbet his Heirs and Assigns And all and every other person or persons their Heirs and Assigns who then stood or were seized or which from hence forth for ever should stand and be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances in the County of Leicester of and in all other Messuages Lands Tenemnets and Hereditaments whatsoever of the aforesaid Christo Corbet in the said County of Leicester of which he the said Christopher Corbet then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence forth afterwards should stand and be seized of and in the aforesaid Manor of Stokefaston and all and singular other the premises with their Appurtenances whatsoever to the uses behoofs intentions or purposes That is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances and other the premises whatsoever with their Appurtenances in the aforesaid County of Leicester unto the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any Waste and after the decease of the said Christopher Corbet Then of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester And of and in all other Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher Corbet whatsoever with all singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher Corbet had any Estate of Inheritance in Fee Simple in possession Reversion or Remainder To the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male to the use of the aforesaid Arthur Corbet the Heirs Males of his Body lawfully begotten for default of such issue male then to the use of the aforesaid Francis Corbet Son of the aforesaid Humph. Corbet deceased the Heirs Males of the Body of the aforesaid Francis lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the said Arthur lawfully begotten and for default of such Heirs Then to the use and behoof of the Right Heirs of the said Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th Of transferring of uses into possession holden made and provided The aforesaid Christopher Corbet was seized of the aforesaid Manor of Stokefaston with the Appurtenances amongst other things in his Demesn as of Free hold for the term of his life the Remanider thereof in form aforesaid expectant And the said Christopher so thereof being seized The said Christopher afterwards and before the aforesaid time in which c. that is to say the last day of May in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to
of the aforesaid Arthur in manner and form aforesaid above by Replication pleaded is not sufficient in Law to maintain the said Arthur to have his Action aforesaid against him and that he to that Replication in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver Wherefore for want of a sufficient Replication in this behalf The said Rowland demandeth Judgement and that the aforesaid Arthur from having his Action aforesaid against him be barred c. And the aforesaid Arthur in as much as he sufficient matter in Law to have and maintain his Action aforesaid against the said Rowland above by Replication hath alleged which matter the aforesaid Rowland doth not deny nor to the same any wayes answereth but that averment utterly refuseth to admit as at first demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of the Purification of the blessed Mary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties here until from the day of Faster 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judement thereof Day is given to the parties here in 8. dayes of Saint Michael to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid and upon this the Plea aforesaid being seen as also the Plea of the aforesaid Arthur above by Replication pleaded and by the Justices here fully understood It seemeth to the same Justices here that that Plea in manner and form aforesaid pleaded is not sufficient in Law to maintain the said Arthur to have and maintain his Action aforesaid against the aforesaid Rowland Therefore it is granted That the aforesaid Arthur take nothing by his Writ aforesaid but be in Mercy for his false clamour and that the aforesaid Rowland thereof go without day c. Afterwards that is to say the 30th day of Aprill in the yeer of the Reign of the said Lady the Queen that now is the 42th The Record and Processe of the Plaint aforesaid with all the same by virtue of a Writ of the said Lady the Queen for Correcting Errors whose date is at Westminster the 12th day of Aprill in the 42th yeer aforesaid to Edmond Anderson Knight directed and the aforesaid Defendant touching before the said Lady the Queen wheresoever c. are sent c. TRESPAS Easter Term Anno 21. ELIZABETH Rot. 58. in the KINGS-BENCH C. 1. part Shelleys Case fol. 88. b. MEmorandum That at another time That is to say in Hillary Term Sussex last past before the Lady the Queen at Westminster came Nicholas Wolfe by Nicholas Mosley his Attorny And brought in the Court of the said Lady the Queen then there his Bill against Henry Shelley Esquire of a Plea of Trespass are Pledges of Sute that is to say John Doo Ric. Roo which Bill followeth in these words that is to say ss Sussex ss Nicholas Wolfe complaineth of Henry Shelley Esquire in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Lady the Queen her self being of that That he the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is of England the 20th with force and Arms c. The Close and House of him the said Nicholas called Barhamwick otherwise Barhamweek at Augmering in the County aforesaid broke and entred and his grass there to the value of 100. Marks there late growing with certain Cattel that is to say Horses Oxen Cows Hoggs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said Nicholas 100. pound and thereof he bringeth Sute c And now at this day that is to say Wednesday next after 18. dayes of Easter this Term until which day the said Henry Shelley had leave to the Bill aforesaid to imparl and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid Nicholas Wolfe by his Attorny aforesaid as the aforesaid Henry Shelley by Richard Best his Attorny and the said Henry doth defend the force and injury when c. And saith He is not thereof guilty And of this puts himself upon the Country And the said Nicholas likewise c. Therefore a Jury thereof is to come before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity And who neither c. To Recognize c. Because as well c. Afterwards the Processe thereof is continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until the day of June next after 3. Weeks of Easter then next following for default of Jurors c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And the Jurors of the Jury aforesaid being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That long before the time of the Trespass supposed to be done The Lord Henry late King of England the 8th Father of the Lady the Queen that now is amongst other things was seized of the Tenements aforesaid with the Appurtenances in the Declaration aforesaid above specified in his Demesn as
of Fee in the Right of his Crown of England And the said late King so thereof being seized before the time in which c. By his Letters Patents with the Great Seal of England sealed bearing date at Westminster the 14th day of May in the yeer of his Reign the 32th had given and granted the Tenements aforesaid with the Appurtenances amongst other things to Ann Cobham Widow To have and to hold the Tenements aforesaid with the Appurtenances amongst other things to the said Ann Cobham and her Assigns for the term of the life of the said Ann rendring therefore to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown at the Feast of Saint Michael the Archangel yeerly to be paid and after the decease of the aforesaid Ann The said late King by his Letters Patents willed and granted That the Tenements aforesaid with the Appurtenances amongst other things to one Edward Shelley Esquire and Johan his Wife and to the Heirs of the Bodies of them the said Edward and Johan between them lawfully to be begotten To be holden of the aforesaid late King his Heirs and Successors by the Service of the 20th part of a Knights Fee And yeelding therefore yeerly to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown aforesaid at the Feast of Saint Michael the Archangel every yeer to be paid for all Services and demands whatsoever to the said late King his Heirs and Successors any wayes to be rendred payed or done And if it should happen the said Edward and Johan his Wife to dye the without issue of their bodies lawfully by them begotten The the said late King willed and granted by his said Letters Patents that the Tenements aforesaid with the Appurtenances amongst other things should wholly remain to the right Heirs of the said Edward Shelley for ever to be holden of the aforesaid late King his Heirs and Successors by the Rent and Services aforesaid for all Services and demands as by the said Letters Patents amongst other things more fully appeareth By vertue of which gift and grant the said Anne Cobham into the Tenements aforesaid with their Appurtenances amongst other entred and was thereof seized in her Demesn as of Freehold the remainder thereof in form aforesaid And the said Anne so thereof being seized afterwards and before the time in which c. that is to say the day in the year of the Reign of the said late King Henry the 8th At Worminghurst in the said County of Sussex died After the death of which Anne the aforesaid Edward Shelley and Joham his wife into the Tenements aforesaid with the Appurtenances amongst other things entred and were thereof seized in Demesn as of Fee-tail that is to say to them and the heirs of the body of them the said Edward and Joham the remainder unto the said Edward and his Heirs in form aforesaid And so thereof being seized the said Edward and Johan had issue of their bodies Henry Shelley father of the aforesaid Henry Shelley now Defendant his eldest Son and Richard Shelley his second Son which Richard Shelley is yet living and in full life and that the said Edward and Johan being thereof so seized the said Johan afterwards and before the time of the Trespass aforesaid died and the aforesaid Edward her overlived and held himself in the Tenements aforesaid with the Appurtenances and was thereof seized in his Demesn as of Fee-tail the remainder thereof to him and his Heirs for ever as before is said And the said Jurors also say upon their Oaths aforesaid That the said Henry Father of the aforesaid now Defendant had issue of his body lawfully begotten Mary Shelley his daughter and that the said Henry Shelley died in the life of the said Edward his Father one Anne then wife of the said Henry being quick and great with childe with the aforesaid Henry Shelley now Defendant in the Declaration named And the said Edward Shelley so being thereof seized afterwards the 25th day of September in the years of the Reigns of Philip and Mary late King and Queen the first and second by his Indenture sealed with his Seal bearing date the said day and year first delivered the sixth day of October then next following made between him the said Edward Shelley by the name of Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Marten of the other part the tenour of which Indenture followeth in these words ss This Indenture made the 25th day of September in the first and second years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the grace of God King and Queen of England France Neapolis Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicil Archdukes of Austria Dukes of Millain Burgundy and Brabant Earls of Haspuag Tirol and Flanders between Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Martin of the other part Witnesseth That it is fully Covenanted Granted Condescended and Agreed between the said Parties in manner and form following That is to say first the said Edward Shelley for and upon divers great and urgent causes and considerations him moving doth Covenant Grant Condescend Promise and Agree for him his Heirs and Executors to and with the said Richard Cooper and William Martin and their Executors by these Presents That he the said Edward Shelley shall permit cause and suffer the said Richard Cooper and William Martin or the survivor of them at the proper costs and charges of him the said Edward Shelley his Heirs and Executors Administrators or Assigns on this side the Feast of All Saints next ensuing the date of these presents to recover against him the said Edward his Heirs or Assigns by Writ of Entre sur Disseisin enle Post The Mannors oâ— Worminghurst Barhamwick and Fyndon with the Appurtenances in the said County of Sussex and all other his Lands Tenements Possessions and Hereditaments with the Appurtenances set lying and being in Fyndon Worminghurst Barhamwick Patching Eastangmering Westangmering Wyginholt Sterington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley in the said County Except only the Manors of Sillington and Cobden with the Appurtenances in the said County and except also all those Lands Tenements and Hereditaments called or known by the name of Cobden Pullets Firses and Palmerishcomb with all and singular their appurtenances And the said Edward Shelley covenanteth Granteth and Promiseth by these presents to and with the said Richard Cooper and William Martin that at the time of the said Writ of Entry brought against him of the Premises and at the time of the said Recovery had he the said Edward shall be sole Tenant of the Freehold of
Acres parcel of the said 20. Acres the said Thomas saith That long before the time in which it is supposed the Trespass aforesaid to be done one Francis Bunny was seized of the aforesaid 20. Acres of Pasture in which c. in his Demesn as of Fee and so thereof being seized before the aforesaid time in which c. that is to say The first day of May in the year of the Reign of the Lady the Queen that now is the 20th by his Deed of Feoffment here into Court brought bearing date the same day and year enfeoffed one Miles Hilycock of the aforesaid 20. Acres of Pasture with the Appurtenances in which c. To have and to hold to the said Miles and his heirs for ever to the use of the said Francis for the term of the life of the said Francis and after the death of the said Francis to the use of one David Bunny and the Heirs of his body lawfully begotten and for lack of such issue to the use of Nicholas Bunny and the heirs of his body lawfully begotten and for lack of such issue to the use of Walter Bunny and the heirs of his body lawfully begotten and for lack of such issue to the use of Stephen Bunny and his heirs for ever By vertue of which Feoffment and by force of certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the year of his Reign the 27th of transferring uses in possession holden made The aforesaid Francis was of the aforesaid 20. Acres of Pasture with the appurtenances seized in his Demesn as of Freehold the remainder thereof after the death of the aforesaid Francis to the aforesaid David and the Heirs of his body lawfully begotten the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Walter and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Stephen and his heirs for ever exptctant and the aforesaid Francis so of the aforesaid 20. acres with the appurtenances in form aforesaid being seized the remainder thereof to the aforesaid David in form aforesaid expectant The said Francis afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the Lady the Queen that now is the 21th enfeoffed one Richard Tomson of the aforesaid 20. acres of Pasture with the appurtenances To have and to hold to the said Richard his heirs and assigns for ever By vertue of which the said Richard was of the said 20. acres of Pasture with their appurtenances seized in his Demesn as of Fee by colour whereof and for that the said Feoffment was made to the disinheriting of the said David the said David in the aforesaid 20. Acres of Pasture with the appurtenances entred and was thereof seized in his Demesn as of Feertail the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten the remainder thereof to the said Walter and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Stephen and his Heirs for ever And the aforesaid David so thereof being seized the remainder thereof in form aforesaid expectant the said David afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the Lady the Queen that now is the 22th at Willesdon aforesaid demised the aforesaid five acres of Pasture of the aforesaid 20. acres of Pasture with the appurtenances in which c. parcel To one Adam Blunt to have and to hold to the said Adam from the Feast of St. Michael the Archangel last past until the end and term of one year from thence next following and fully to be compleat By vertue of which the said Adam Blunt into the said five acres of Pasture with the appurtenances entred and was thereof possessed and the said Adam so being thereof possessed afterwards and before the time in which enfeoffed the aforesaid Thomas Albany of the said five acres of Pasture with the appurtenances To have and to hold to the said Thomas his heirs and assigns to the proper use and behoof of him the said Thomas his heirs and assigns for ever By colour of which the said Thomas was of the said five arces of Pasture with the Appurtenances seized in his Demesn as of Fee and the aforesaid John Grendon claiming the said five acres of Pasture with the appurtenances by colour of a certain Deed of Demise to him thereof made for the term of his life by the aforesaid Miles Hitchcock whereas nothing of the said five acres of Pasture in the possession of the aforesaid John Grendon by the said Deed ever passed in the aforesaid five acres of Pasture with the appurtenances before the time in which c. entred upon whose possession of the said John thereof the said Thomas Albany afterwards that is to say the aforesaid time in which c. into the aforesaid five acres of Pasture with the appurtenances entred and the grass there then growing with the cattel aforesaid fed trod and consumed as it was lawfull for him to do and this he is ready to aver whereupon he prayeth judgement if the aforesaid John Grendon his action aforesaid against him ought to have or maintain c. And as to any Trespass in the aforesaid 15. acres of Pasture residue the said Thomas Albany saith that the aforesaid John Grendon his Action aforesaid thereof against him ought not to have or maintain because he saith That the aforesaid David long before the Trespass aforesaid supposed to be done being seized of the aforesaid 15. Acres of Pasture in his Demesn as of Fee tail as before is said before the time in which c. that is to say the second day of May in the year of the Reign of the Lady the Queen that now is the 22th aforesaid at Westminster aforesaid by a certain Indenture between the said David and the aforesaid Thomas Albany made bearing date the same day and year and in the Court of the Chancery of the said Lady the Queen at Westminster aforesaid within six moneths then next following in due manner of Record inrolled according to the form of the Statute in such case made and provided one part of which sealed with the Seal of the said David the said Thomas Albany brings in Court bargained and sold to the said Thomas the aforesaid 15. acres of Pasture residue To have and to hold to the said Thomas and his Heirs for ever by colour of which Bargain Sale and Inrollment the said Thomas Albany of the aforesaid 15. acres of Pasture was seized in his Demesn as of Fee and the aforesaid John Grendon claiming the said 15. acres of Pasture with the appurtenances by colour of the said Deed of Demise to him thereof
And the Jurors of the Jury whereof within mention is made being called some of them that is to say John Forse of Crediton Gentleman John Saltern of Huslow Nicholas Poynes of Thornbury and Robert Gunter of Lapford câ—me and were sworn in the Jury aforesaid And because the Residue of the Jurors of that Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid thereto chosen at the request of the aforesaid VVilliam Dillon and by the command of the Justices aforesaid were new put to whose names to the Pannel within written are filed according to the form of the Statute in that case late made and provided And the Jurors so of new put to that is to say Anthony Moring Robert Luxton Robert Letheren Edward VVebber Thomas Parmiter Ralph Mare VVilliam Stowell and Vincent Spark likewise being called come who to say the truth within contained with the other Jurors within first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written was done that is to say the 26th day of April in the yeers of the Reigns of the Lord Philip and the Lady Mary late King and Queen of England the 3d. and the fourth and before One Richard Chudleigh Knight was seized of the Mannor of Hescot with the Appurtenances in the County aforesaid whereof the Close within written with the appurtenances in which it is supposed the Trespass within written to be done is and within the time in which c. as also time whereof the memory of men is not to the contrary were parcel in his Demesn as of Fee and that the aforesaid Richard Chudleigh before the aforesaid 26. day of April in the years of the Reigns of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid had issue of his body lawfully begotten Christopher Chudleigh his eldest Son Thomas Chudleigh his second Son Oliver Chudleigh his third Son and Nicholas Chudleigh his fourth Son And the said Richard of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid seized the said Richard Chudleigh before the within written time in which c. that is to say the aforesaid 26th day of April in the years of the Reign of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid by his Indenture Quadripartite sealed with the Seal of the said Richard Chudleigh and to the Jurors shewed in evidence whose date is the same day and year of the Mannor aforesaid with the Appurtenances thereof amongst other things enâ—eoffed John Sentleger Knight Giles Strangeways Knight John VVadham Esquire John Gilbert Esquire Thomas Carew Esquire Richard Bampfield Esquire John Ridgeway Esquire Robert Fulfood Esquire Thomas Williams John Eveleigh Gent. and William Hole Gent. To have and to hold the aforesaid Mannor with the Appurtenances whereof c. amongst other things to the same John Saintleger Giles Strangewayes John Wadham John Gilbert Thomas Carew Richard â—ampfield John Ridgeway Robert Fulford Thomas VVilliams John Eveleigh and VVilliam Hole their Heirs and Assigns for ever only to such uses intents as in the said Indenture Quadripartite are declared and specified That is to say To the use and behoof of the said Richard Chudleigh and his heirs of the body of Mary then the wife of the aforesaid Thomas Carew lawfully to be begotten and for default of such issue to the use of the aforesaid Richard Chudleigh and his heirs of the body of Elizabeth then the wife of the said Rich. Bampfield lawfully to be begotten and for default of such issue to the use of the heirs of the said Rich. Chudleigh on the body of Elenor then the wife of the said Thomas William lawfully to be begotten and for default of such issue to the use of the aforesaid Richard Chudleigh and his heirs on the body of Johan then the wife of the said John Eveleigh lawfully to be begotten and for default of such issue to the use of the aforesaid Richaâ—d Chudleigh and his heirs on the body of Johann then the wife of the aforesaid Giles Strangewayes lawfully to be begotten and for default oâ— such issue to the use of the aforesaid Richard Chudleigh and his heirs on the body of Lawrenceâ— then the wife of the aforesaid Robert Fulford lawfully to be begotten and if it should happen the said Richard Chudleigh should die without issue on the bodies of the said Mary Elizabeth Emleme Johan Johan and Laurencea lawfully begotten then the aforesaid John Sentleger and other his Feoffees and their Heirs should be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst other things for and during the term of 10. years after the death of him the said Richard Chudleigh then next following to the use and performance of the last Will of the aforesaid Richard Chudleigh And after the aforesaid term of 10. â—ears compleated and ended then the aforesaid John Sentleger Giles Strangewayes John VVadham John Gilbert Thomas Carew Richard Bampfield Iohn Ridgway Robert Fulford Thomas VVilliams John Eveleigh and VVilliam Hole their Heirs and assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst other things to the use and behoof of the aforesaid Iohn Sentleger Giles Strangewayes Iohn â—â—adham Iohn Gilbert Thomas Carew Richard Bampfield Iohn Ridgeway Robert Fulford Thomas VVilliams Iohn Eveleigh and William Hole their Heirs and Assigns for ever for and during the natural life of the afore Christopher Chudleigh his eldest Son and after the death of the said Christopher his Son the aforesaid Feoffees their Heirs and Assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst otâ—er things to the use and behoof of the first issue Male of the body of the aforesaid Christopher lawfully begotten and the heirs of the body of such first issue lawfully to be begotten and for default of such issue to the use oâ— the second issue Male by the said Christopher lawfully to be begotten and the heirs of the body of such second issue Male lawfully begotten and for default of such issue to the use of the third issue Male by the aforesaid Christopher lawfully to be begotten the heirs of the body of such third issue Male lawfully to be begotten for default of such issue to the use oâ— the fourth issue Male and the heirs of the body of such fourth issue male by the aforesaid Christopher lawfully to be begotten on the Heirs of the body of such fourth Issue Male lawfully to be begotten and for default of such issue to the use of the fifth issue Male by the aforesaid Christopher lawfully to be begotten and the heirs of the body of the aforesaid 5th issue male lawfully to be begotten and for default of such Issue to the use of the 6th Issue
male by the aforesaid Christopher Lawfully to be begotten and the Heirs of the body of the aforesaid 6th Issue male Lawfully to be begotten And for default of such Issue to the use of the 7th Issue male by the aforesaid Christopher Chudleigh Lawfully to be begotten and the Heirs of the Body of the aforesaid 7th Issue male Lawfully to be begotten and for default of such Issue to the use of the 8th Issue male by the aforesaid Christopher Chudley Lawfully to be begotten and the Heirs of the body of the aforesaid 8th Issue male Lawfully to be begotten And for default of such Issue to the use of the 9th Issue male by the aforesaid Christopher Lawfully to be begotten and the Heirs of the Body of the aforesaid 9th Issue male Lawfully to be begotten and for default of such Issue to the use of the 10th Issue male Lawfally to be begotten and the Heirs of the body of the aforesaid 10th Issue male Lawfully to be begotten And if it should happen the aforesaid Christopher to dy without Issue male of his body Lawfully to be begotten then the aforesaid Feoffees and every of them their Heirs and Assigns should stand and be seised of and in the Manor aforesaid with the Appurtenances whereof c. amongst other things to the use and behoof of the aforesaid Thomas Chudleigh another Son of the aforesaid Richard Chudleigh and the Heirs of his body Lawfully to be begotten and for default of such Issue to the use and behoof of the aforesaid Oliver Chudleigh another Son of the aforesaid Richard Chudleigh and the Heirs of his body Lawfully to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said Richard Chudleigh Knight for ever as by the said Indenture Quadrupartite amongst other things more fully it appeareth By colour of which Feofment and by force of a certain Act of Parliament of the Lord Henry late King of England the 8th the 4th day of February in the 27th yeer of his Reign at Westminster in the County of Middlesex of transferring uses in possession there holden made and provided the aforesaid Richard Chudleigh was seised of the Manor aforesaid with the Appurtenances whereof amongst otherthings as the Law requireth And the aforesaid Richard Chudleigh of the Manor aforesaid with the Appurtenances whereof c. so being seited the same Richard before the within written time in which c. that is so say the 17th day of November in the yeers of the Reigns of the aforesaid late King and Queen Philip and Mary the 5th and 6th dyed and that neither at the time of the death of him the said Richard Chudleigh and before the day of the bringing of the Bill within written there was any Heir of the aforesaid Richard Chudleigh of the bodies of any the aforesaid Mary Elizabeth Emlem Johan and Lawrence Lawfally begotten And that after the death of the aforesaid Richard Chudleigh and before the time in which the aforasaid John Sentleger Giles Strangewaies John Wadham John Gilbert Themas Carew Richard Bampfield John Bridgway Robert Fulford Thomas Williams John Eveleigh and William Hole into the Manors aforesaid with the appurtenances whereof c. amongst other things entred and were thereof possessed or seised as upon the whole matter aforesaid the Law requireth and so thereof being possessed or seised Christopher Chudleigh after the death of the aforesaid Richard before the within written time in which c. took to wife Christian Sracheley and that the aforesaid John Sentleger Giles Strangewaies John Wadham John Gilbert Thomas Carew Richard Bampfield John Ridgeway Robert Falford Thomas Williams John 〈◊〉 and William Hole of the aforesaid Manor with the Appurtenances whereof c. amongst other things in form aforesaid possessed or being seiâ—â—â— before the within written time in which c. that is to say The â—ath day of August in the yeer of the Reign of the Lady the Queen that nâ— was the first the said Oliver Chudleigh then living being in full life by their writing sealed with their Seals and to the Jurors aforesaid shewed in Evidence whose date is the same day and yeer freely and without any Consideration amongst other things enfeoffed the aforesaid Christopher Chudleâ—gh then and before having notice of the making of the aforesaid Qâ—â—dâ—upâ—tite Indenture and of the uses in the same conteined To have and to hold the Manor aforesaid with the Appurtenances whereof c. amongst other things To the said Christopher his Heirs and Assigns for ever to the only â—â— behoof of the said Christopher his Heirs Assigns for ever By virtue of wâ—â— Feoffment The said Christopher Chudleigh was seized of the Manor aforesaid with the Appurtenances whereof amongst other things as the Law requireth And so thereof being seized The said Christopher Chudleigh before the within written time in which c. that is to say the 20th day of September in the yeer of the Reign of the Lady the Queen that now is the third had issue of his Body lawfully begotten one Stretchlâ—y Chudley his first Son And that the said Christopher Chudleigh afterwards and before the time in which c. that is to say the 30th day of May in the yeer of the Reign of the Lady the Queen that now is had another issue of his Body lawfully begotten that is to say one John Chudleigh his second Son And the aforesaid Christo Chudleigh of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid being seized The said Christopher afterwards and before the within written time in which c. that is to say the first day of July in the yeer of the Reign of the Lady the Queen that now is the 6th by his writing indented sealed with his seal and to the Jurors aforesaid shewed in Evidence whose date is the said first day of July in the 6th yeer abovesaid And afterwards that is to say the â—th day of October in the yeer of the Reign of the said Lady the Queen that now is the 6th abovesaid before Robert Dennis Knight one of the 〈◊〉 of the said Lady the Queen for the County aforesaid and George 〈◊〉 Esquire Clerk of the Peace of the said County to be kept assigned â—s the deed of the said Christopher acknowleledged and according to the form of the Statute in such such case made and provided inrolled in consideration of 220. pound to him by one John Chichester Knight before then paid bargained and sold to the said John Chichester the Manor aforesaid with the Appurtenances whereof c. To have to hold to the said John Chichester his Heirs and Assigns forever to the only use and behoof of the said John Chichester his Heirs and Assigns for ever And that the aforesaid Christopher Chudleigh moreover before the within written time in which c. that is to say the 6th day of July in the yeer of the Reign of the said Lady the Queen that
demandeth Judgement if the aforesaid William Thoroughgood his Action aforesaid against him ought to have c. And the aforesaid William Thoroughgood as to the aforesaid Plea of the aforesaid VVilliam Cole to the Trespass aforesaid in the Tenements aforesaid with the appurtenances of new Assignment done above in Bar thereof pleaded saith That he for any thing in the said Plea before alledgeth from the having his action aforesaid ought not to be barred Because he saith That the aforesaid Fine was had and levied to the use and behoof of the aforesaid VVilliam Chicken and Elizabeth and the heirs of the said VVilliam upon the Condition that the aforesaid VVilliam Chicken and Elizabeth and the Heirs and Assigns of the said VVilliam Chicken well and truly should deliver and pay to the said VVilliam Thoroughgood and Agnes and their Executors and Assigns 8 l. of good and lawfull money of England and four Quarters of Malt at the Mansion house called Barrowes in Paringdon aforesaid yearly during the natural lives of them the said VVilliam Thoroughgood and Agnes and the longer liver of them at the Feast of St. Michael the Archangel and the Feast of the Anunciation of the blessed Mary the Virgin by equal portions and also upon condition That the aforesaid VVilliam Chicken and Elizabeth and their Heirs or Assigns should pay to the said VVilliam Thoroughgood and Agnes their Executors Administrators or assigns 76. l. 13. s. and 4. d. of like lawfull money of England at the aforesaid Mansion house called Barrows in form following that is to say at the Feast of St. Michael the Archangel in the year of our Lord God 1568. three pound six shillings eight pence and so at the Feast of St. Michael the Archangels at the Mansion House aforesaid three pound six shillings eight pence yearly untill the aforesaid summ of seventy six pound 13. s. and 4. d. should be fully satisfied and paid and for the not payment doing and performing of the aforesaid Conditions according to the true intents and meanings of the same Condition the aforesaid Fine and other the conveyance aforesaid to be made were to the use and behoof of them the said William Thoroughgood and Agnes as in their former estate by colour of which Fine the aforesaid VVilliam Chicken and Elizabeth were seized of the Tenements aforesaid with the Apurtenances of new assigned amongst other things that is to say the aforesaid VVilliam in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for term of her life upon the Conditions aforesaid And further the said VVilliam Thoroughgood by Protestation that the said William Chicken and Elizabeth did not pay do or perform any thing according to the form and effect of the Conditions aforesaid For Plea saith That the aforesaid William Chicken and Elizabeth or either of them did not pay or either of them pay to the said William Thoroughgood and Agnes or either of them 3. l. 6s 8d of good and lawful money of England at the Feast of St. Michael the Archangel on the year of the Reign of the said Lady the Queen that now is the 18th Which to them at the said Feast of St. Michael they ought to have paid according to the form and effect of the aforesaid first Condition by which the aforesaid William Thoroughgood by vertue of the Fine aforesaid and by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at VVestminster the fourth day of February in the year of his Reign the 27th holden made and provided of transferring uses in possession was seized of the Tenements aforesaid with the Appurtenances of new assigned amongst other things in his Demesn as of Fee and in the Tenements aforesaid of new assigned entred and the aforesaid William Cole the day and year in the Declaration aforesaid above specified with force and Arms c. the Close and House of him the said William Thoroughgood in the aforesaid Tenements of new assigned broke and the grass aforesaid there then growing with his cattel aforesaid was fed trod and consumed as he the said William against him complaineth and this he is ready to aver Wherefore in as much as the said William Cole doth acknowledge the Trespass aforesaid in the same Tenements of new assigned done as abovesaid The said William Thoroughgood demandeth Judgement his damages by the occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole by Protestation That the Fine aforesad was not levyed to the use of the said William Chicken and Elizabeth upon the Conditions aforesaid as the aforesaid William Thoroughgood above alledgeth For Plea saith That after the Fine aforesaid Levied that is to say the second day of September in the year of the Reign of the Lady the Queen that now is the 18th at Great Paringdon aforesaid the aforesaid VVilliam Thoroughgood by his Writing of the Lease which the said VVilliam Cole with the Seal of the said VVilliam Thoroughgood Sealed here in Court brings whose Date is the same day and year by the name of VVilliam Thoroughgood of Hansdon in the County of Hertford Yeoman Remised Released and for him and his Heirs for ever quit claimed to the aforesaid VVilliam Chicken by the name of William Chicken of Hansdon aforesaid Yeoman All and all manner of Conditions Entries for Conditions broken and demands whatsoever from the beginning of the World unto the day of the Date of the said Writing of Release and this he is ready to aver whereupon as at first he demandeth Judgement and that the aforesaid William Thoroughgood be barred from having his Action aforesaid against him c. and the aforesaid William Thoroughgood saith That he is a Layman and unlearned and that at the time of the making of the Writing of Release supposed to be done divers arrerages of the aforesaid yeerly payments above recited in form aforesaid to be paid were behind and that the aforesaid Writing of Release was then read and declared to him as a Writing of Acquittance of all arrerages of monies to him in form aforesaid to be paid then to the said William Thoroughgood being behind and not paid only By which the said William Thoroughgood believing that Writing to be a Writing of Acquittance of the arrerages of the monies aforesaid only sealed and delivered the said Writing to the aforesaid William Chicken and said William Thoroughgood saith That the said Writing in Court here brought containing in self him the said William Thoroughgood to have Remised Released and for him and his He is for ever quit claimed to the aforesaid VViliam Chicken all and all manner of Conditions Entries for Conditions broken and Demands whatsoever from the beginning of the world until the day of the date of the said Writing of Release is not his Deed And he prayeth that this may be enquired of by the Country And the aforesaid William Cole likewise Therefore it is commanded
done are and the aforesaid time in which it is supposed the Trespass aforesaid to be done were 10. Acres of Land called Bromfield with the appurtenances in Marton aforesaid which 10. acres of Land with the appurtenances are the Soil and Freehold of the said Christopher And that the said Christopher the aforesaid time in which c. the Close aforesaid as his own Close Soil and Freehold of him the said Christopher in the said 10. acres of Lands with the appurtenances brake and the Corn there as his own Corn there growing in the aforesaid 10. acres with the Appurtenances as in his own Soil and Freehold there trod and consumed as it was lawful for him to do and this he is ready to aver Whereupon he demandeth Judgement if the aforesaid Anthony his Action aforesaid against him ought to have c. And the aforesaid Anthony saith that he by any thing before alleged ought not to be barred from having his Action aforesaid Because he saith That the Close aforesaid as also the places in which the Trespass aforesaid above complaineed of was done are and the time aforesaid of the Trespass aforesaid done were 4. acres of Land with the Appurtenances called Scarhill Set and VVatersey Mire in Marton aforesaid others than the aforesaid 10. acres of Lands called Bromfield with the Appurtenances in the Bar of the said Christopher above specified And this he is ready to aver Wherefore in as much as the aforesaid Christopher to the Trespass aforesaid in the aforesaid 4. acres of Lands with the Appurtenances above new assigned done doth not answer The said Anthony demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid Christopher as to any Trespass in the aforesaid 4. acres of Land with the appurtenances new assigned above supposed to be done saith that he thereof is not guilty as the aforesaid Anthony against him complaineth And of this puts himself upon the Country And the aforesaid Anthony likewise Therefore it is commanded to the Sheriff That he cause to come here in the Morrow of the Holy Trinity 12. c. by whom c. And who neither c. To Recognize c. Because as well c. At which day here come the parties And the Sheriff sent not the Writ c. Therfore as at first it is commanded to the Sheriff That he cause to come here from the Holy Trinity in 3. Weeks 12. c. To Recognize in form aforesaid c. At which day the Jurors between the parties aforesaid of the aforesaid Plea between them were put in respite here until this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to take Assizes in the County aforesaid assigned by the form of the Statute c. Upon Monday the 14th day of July last past at the Castle of York in the said County should first come And now here at this day come as well the aforesaid Anthony as the aforesaid Christopher by their Attornies aforesaid and the aforesaid Justices to Assizes before whom c. sent here their Record in these words Afterwards the day and place within written within contained before John Clench one of the Justices of the Lady the Queen to Pleas before the Queen her self to be holden assigned And Shomas Walmesly one of the Justices of the said lady the Queen of the Bench Justices of the said Lady the Queen to Assizes in the County of York to be taken assigned by the form of the Statute c. came as well the within named Anthony Baldwin as the aforesaid within written Christopher Marton by their Attornies within mentioned And the Jurors of the Jury whereof within is made mention some of them that is to say William VVharton of Dunkeswick Gentleman Adam VVyre of Ayrton Yeoman John Brown of Pathorn Yeoman Ralph VValker of Bolton Gentleman Thomas Preston of Whengille Yeoman and Henry Laycock of Felliface Yeoman come And the Jurors aforesaid are sworn And because that the rest of the Jurors of that Jury did not appear Therefore others of the Standers by to this chosen by the Sheriff of the County aforesaid are at the request of the said Anthony and by the Commandment of the Justices new added whose names to the Pannel within written are filed according to the form of the Statute in such case made and provided And the Jurors so a new added now appearing that is to say Gabriel Green William Newby John Hawton John Brorcey John Craven and WILLIAM RICHARDSON come who to say the truth of the within contained together with theother Jurors aforesaid first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done The aforesaid 4. acres of Land with the Appurtenances in which c. were parcel of the possessions of the late Monastery or Priory of Bolton in Craven and that one Richard late Prior of the Priory or Monastery aforesaid was seized of one Tenement Messuage or Farm called Vngthorpe in the Parish of Marton in Craven whereof the aforesaid four Acres of Land with the Appurtenances within new assigned are and the within written time in which c. were parcel in his Demesn as of Fee in the Right of his Monastery aforesaid and so thereof being seized The said late Prior with the assent of the Covent of the same place the 26. day of December in the year of the Reign of the Lord Henry late King of England the 8th the 25th By an Indenture sealed with the Common Seal of the aforesaid Prior and Covent to the Jurors in evidence shewed demised the aforesaid Tenement Messuage and Farm whereof the within written 40. Acres of Land with the appurtenances then were and yet are parcel to one Hugh Baldwin and Agnes his Wife To have and to hold to the said Hugh Baldwin and his Assigns from the date of the Indenture aforesaid unto the end and term of 31. years fully to be ended By vertue of which Demise The said Hugh and Agnes in the aforesaid four Acres of Land with the appurtenances in which c. entred and were thereof possessed the Reversion thereof to the aforesaid Prior and his Successors And the aforesaid Hugh and Agnes of the aforesaid four Acres of Lands with the appurtenances in which c. for the Term aforesaid being possessed the Reversion thereof to the aforelate Prior in form aforesaid ezpectant By a certain Act in Parliament of the said late King Henry the 8th at Westminster in the County of Middlesex the 28th day of April in the 31. year of his Reign begun and continued until the 28th day of June then next following and there then holden amongst other things it is Ordained and established by the said late King and the Lords Spiritual and Temporal and the Commons in the said Parliament
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
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
Jurors aforesaid in Evidence shewed bearing date the same day and year For and in consideration of 13000. pound of good and lawful Mony of England by the said Thomas Sutton to the aforesaid Thomas Earl of Suffolk in Hand payed Bargained and Sold All and singular the premises with the Appurtenances being called The late dissolved Charter-House besides Smithfield in the said County of Middlesex whereof c. to the said Thomas Sutton To have and to hold to him and his Heirs for ever to the only use and behoof of the said Thomas his Heirs and Assigns for ever The Tenor of which Indenture followeth in these words This Indenture made the 9th day of May in the 9th year of the Reign of our Soveraign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. and of Scotland the 44th Between the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the Kings Majesties most Honourable Houshold The Right Honourable Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk The Right Honourable Thomas Earl of Arundel and Surrey and the Right Honourable William Lord Howard of Naward in the County of Cumberland of the one part and Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part Witnesseth That the said Right Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and William Lord Howard for and in consideration of the sum of 13000. p. of good and lawful Mony of England to the said Thomas Earl of Suffolk in Hand paid before the ensealing and delivery of these presents by the said Thomas Sutton well and truly satisfied contented and paid whereof and wherewith they and every of them acknowledge themselves fully satisfied contented and paid and thereof and every part and parcel thereof do clearly acquit exonerate and discharge the said Thomas Sutton his Heirs Executors and Administators and every of them by these presents Have granted Aliened Bargained Sold Conveied and Confirmed And by these presents do for them and their Heirs fully clearly and absolutely grant alien bargain fell convey and confirm unto the said Thomas Sutton his Heirs and Assigns for ever All that Capital Messuage or Mansion-house commonly called or known by the name of Howard House otherwise called The late dissolved Charter-Houso besides Smithfied situate and being within the County of Middles with all and singular the Rights Members and Appurtenances thereunto belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and all that parcel of Land and Ground with the Appurtenances commonly called Pardon Church yard And all those two Messuages or Tenement and two Closes of Land and Ground with the Appurtenances thereunto adjoyning commonly called Welbech situate lying and being in the said County of Middlesex And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Courts Folds Curtilags Yards Orchards Gardens Shops Sellars Sollers Closes Inclosures Waste Grounds Tithes Oblations Obventions Fruits Profits Alterages Wayes Waters Rents Reversions Services Waises Strayes Goods of Felons Outlaws and Fugitives and all other Franchises Liberties Priviledges Jurisdictions Profits Emoluments Commodities Hereditaments and Appurtenances whatsoever by what name or names soever they be called or known to the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises and in every or any of them lying belonging or in any wise appertaining or to or with the same every or any of them usually held occupied or enjoyed or accepted or reputed taken known demised used or letten as part parcel or Member of them or any of them and also the Reversion and Reversions Remainder and Remainders whatsoever of all and singular the premises with the Appurtenances And all Rents and yeerly Profits whatsoever reserved upon any Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made or granted of the before mentioned premises or any part or parcel thereof And also all the Estate Right Title Interest Use Possession Reversion Remainder Claim and Demand whatsoever of them the said Thomas Earl of Suffolk Theophilus Lord Howard Thomas earl of Arundel and Surrey and of William Lord Howard and of every of them of in or into the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises or of in or to every or any part or parcel hereof And further the said Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and VVilliam Lord Howard for the considerations aforesaid Have Granted Bargained Sold and by these presents do grant bargain and sell unto the said Thomas Sutton his Heirs and Assigns for ever All and every the Deeds Charters Evidences Writings Counterpains of Lease and Leases Indentures Exemplifications Letters Patents Transcrips of Fines and Recoveries Terrers Court Rolls Surveis Presentments Boundaries Escripts and Minuments whatsoever touching or in any wise only concerning the said Capital Messuage or Mansion-house called Howard H. or the late dissolved Charter-H besides Smith-f To have to hold the said Houses Buildings Orchards Gardens Closes Inclosures Tenements Hereditaments and all other the premises before or in or by these presents bargained and sold or mentioned intended or meant to be bargained and sold and every part and parcel thereof with their Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever to the sole only and proper use and behoof of him the said Thomas his Heirs and Assigns for ever more absolutely without any manner of Condition Redemption or Revovation in any wise And the said Thomas Earl of Suffolk his Heirs and the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises with all their and every of their Appurtenances and every part and parcel thereof unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Suffolk and his Heirs and all and every other person or persons claiming by from or under him shall and will warrant and for ever more defend by these presents And the said Theophilus Lord Howard his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part thereof with the apputenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Theophilus Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for evermore defend by these presents And the said Thomas Earl of Arundel and Surrey and his Heirs the said Capital Messuage or Mansion-house called Howard House
or the Charter-House and all and singular the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Arundel and Surrey and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever more defend by these presents And the said William Lord Howard and his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said William Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever defend by these presents In witnesse whereof the parties above named to these present Indentures interchangealy have set their Hands and Seals the day and year above written 1611 as by the same Indenture dated as before is said appeareth All and singular whichpremises by the Indenture a-aforesaid in form aforesaid Bargained are known and vulgarly called and at the time of the Bargain aforesaid were known by the name of the late dissolved Charter House besides Smith field By colour of which Bargain Sale and Inrollment aforesaid As also by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th Of transferring uses in possession to be holden made and provided The same Thomas Sutton in all and singular the bargained premises called the late dissoved Charter-House besides Smith field with the Appurtenances whereof c. entred and was thereof seised in his Demesn as of Fee And so thereof being seized The Lord JAMES now King of England the 22th day of June in the yeer of the Reign of the said Lord the King now of England c. the 9th abovesaid at Westminster aforesaid made his Letters Patents sealed with his Great Seal of England and to the Jurors aforesaid shewed in Evidence The Tenor of which followeth in these words JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To All to whom these presents shall come Greeting Whereas At the last Session of Parliament last past One Act was made and passed Entituled an Act to confirm and enable the Erection and Establishment of and Hospital a Free Grammar-school and sundry other godly and charitable Acts done and intended to be done and performed by Thomas Sutton Esquire as by the same Act of Parliament more at large it doth and may appear And whereas since the said Act The said Thomas Sutton hath purchased to him as his Heirs of our Right Trusty and Well-Beloved Cosin and Counsellor Thomas Earl of Suffolk Lord Chamberlain of our Houshold A great and large Mansion-house commonly called the late dissolved Charter-house besides Smith field together with divers Houses Buildings Courts Yards Gardens Orchards Closes and other Hereditaments to or with the same Mansion-house used or enjoyed or reputed as part parcel member or belonging thereunto within our County of Middlesex Which Mansion house and other the premises the said Thomas Sutton doth conceive to be a more fit and commodious House and Place to place erect and found the said Hospital and Free-school and other the godly and charitable uses aforesaid then in Hallingbury otherwise Hallibury Bowchers in the said Act mentioned And to that end the said Thomas Sutton hath been an humble Suter unto us That we would be graciously pleased to give License Power and Authority unto him the said Thomas Sutton to found erect and establish an Hospital and Free school other the godly and charitable uses by him intended in the said House called the late dissolved Charter-House besides Smith field in our said County of Middlesex And to incorporate the Governours hereafter named to be a Body Corporate and Politick and to have perpetual succession for ever in fact deed or name And by such name of Incorporation as is hereafter mentioned to have full authority and lawful capacity and ability to purchase take hold receive and have to them and their Successors for ever Manors Lands Tenements Rents Annuities Pensions Hereditaments Goods and Chattels as well of us our Heirs and Successors as of any other person or persons whatsoever for the better maintainance of the said Hospital Free-school and other godly and charitable uses aforesaid Know ye therefore That we graciously affecting so good and charitable a work of our princely disposition and care for the furtherance thereof and of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm for us our Heirs and Successors unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them full Power License and lawful Authority at all times hereafter at his and their Will and Pleasure to place erect found and establish at or in the said House called the late dissolved Charter House besides Smith field and other the premises within our said County of Middlesex One Hospital-House or place of abiding for the finding sustentation and relief of poor aged maimed needy and impotent people As also that the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors or Survivor of them his and their Successors for ever And the Governours hereof for the time being and their Successors shall have full Power License and lawful Authority at his oâ— their Wills and Pleasures respectively from time to time and at all times hereafter to place therein such Master or Head of the said Hospital and numbers of poor peole Men and Children and such other Members and Officers of the said Hospital as to him the said Thomas Sutton during his life and after his death to the said Governours and their Successors and to the Survivors or Survivor of them and to his and their Successors and to the Governours thereof for the time being and their Successors shall seem convenient And further we of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them at his or their Wills and Pleasures full Power License and lawful Authority at all times hereafter to place erect found and establish at or in the said House called the late dissolved Charter-House besides Smith field and other the premises in our County of Middlesex One Free-school for the instructing teaching maintainance and education of poor Children or Scholars
said County of Wilts with all his Rights Members and Appurtenances in the said County of Wilts And also all those Manors of Wescote otherwise Wescote with the Appurtenances in the said County of Wilts And also all those his Lands and Pastures containing by estimation 100. Acres of Land and 60. Acres of Pasture with the Appurtenances in Wiglescate and Wroughton in the said County of Wilts And all that his Manor of Vsscote with the Appurtenances in the said County of Wilts And also all those his two Messuages 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or in either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge and all singular the Rights Members Appurtenances thereof whatsoever And also all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all singular the Manors Lordships Messuages Lands Tenements Reversions and Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of the said Thomas Sutton wheresoever situate lying and being within the said County of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and every their Rights Members and Appurtenances whatsoever or and such and so many and such part of the said Manors Advowsons Tenements and Hereditaments or of any part thereof as the said Thomas Sutton shall think meet And also all Letters Patents Indentures Deeds Evidences Bonds and Writings concerning the premises or any of them which shall be so given and granted by the said Thomas Sutton to the said Governours and their Successors and all such Conditions Warrants Vouchers Actions Sutes Entries Benefits and demands as shall be or may be had by any person or persons or by reason of them or any of them except all his Manor and Lordship of Littelbury and Haddestock with the Appurtenances in the said County of Essex aforesaid or in either of them though the premises or any of them be holden of us immediately in Chief or by Knights service or otherwise howsoever and without any license or pardon for Alienation of them or any of them the Statute of Mortmain or any other Act Statute Ordinance or Provision whatsoever to the contrary notwithstanding And our further Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and strictly charge and command That whatsoever and as often as any of the Churches Parsonages Viccarages Chapels or other spiritual livings the Advowsons Patronages and Donations whereof are hereby meant or mentioned to be licensed to be given by the said Thomas Sutton to the said Governours and their Successors for and towards the maintainance of the said godly and charitable use shall happen to become void or presentative or presentable or to be given or collated unto by the Death Resignation or Deprivation of any Incumbent or Incumbents of them or any of them or by any other means howsoever That then and so often the said Governours for the time being or their Successors or the greater part of them or the time being shall present prefer and collate thereunto such meet and sufficient persons as they shall think fit Nevertheless our full meaning and direction is in this and so we do by these presents for us our Heirs and successors ordayn and declare that such and so many of the Scholars which shall from time be brought up and taught in the said Hospital and every of them as shall after be fully qualified and become meet to take upon them or any them the charge of the said Churches Parsonages Viccarages Chapels or other spiritual livings aforesaid shall as near as may be from time time be by the said Governours and their Successors presented preferred and collated thereunto before any other person or persons whatsoever avoiding as much as may be the giving of more Benefices than one to any one Incumbent And to the end that all supition of indirect dealing which might hereafter be used or put in practise by the aforesaid Governours or their Successors or any of them contrary to the true intent and meaning of these presents may be prevented and taken away Our Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and streightly command and charge That the Manors Lands Tenements and Hereditaments and other the premises which at any time hereafter shall be given granted or conveied for the maintainance of the said godly and charitable uses before in these presents mentioned in or any part or parcel of them or of any of them shall at any time hereafter be leased demised granted or conveied to them the said Governours or their Successors or to any of them or to any other person or persons whatsoever for or to the use benefit and behoof of the said Governours or of their Successors or any of them although expresse mention of the clear yeerly value and certainty of the premises or of any them or of any other gifts or grants by us or any of our Progenitors or Predecessors to the said Thomas Sutton heretofore made is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary notwithstanding In Witnesse whereof we have caused these our Letters to be made Patents Witnesse our self at Westminster the 22th day of June in the 9th yeer of our Reign of England France and Ireland and of Scotland the 44th as by the said Letters Patents more fully appeareth And further the said Jurors say upon their Oath aforesaid That the said Thomas Smith of all and singular the premises aforesaid with the Appurtenances in form aforesaid being seized The said Thomas Sutton afterwards and before the aforesaid time in which c. That is to say the 30th day of October iin the yeer of the Reign of the Lord JAMES that now is of England the 9th abovesaid made a certain Writing sealed with his Seal bearing date the same day and yeer and to the Jurors aforesaid shewed in Evidence to one John Hutton Clerk The Tenor of which Writing followeth in these words To All to whom this present shall come Thomas Sutton of Balsham in the County of Cambridge Esquire sendeth Greeting Whereas it pleased the Kings most Excellent Majesty that now is by his Highnesse Letters Patents bearing date at Westminster
and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge with all and singular the Rights Members Appurtenances thereof whatsoever And all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said last mentioned Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all and singular the Manors Lordships Messuages Lands Tenements Rents Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches Liberties Priviledges Franchises and other Hereditament whatsoever of the said Thomas Sutton situate lying and being or to be had taken and enjoyed within the said County of Essex Lincoln Wilts Cambridge and Middlesex or in any of them with all and every their Rights Members and Appurtenances whatsoever And all Letters Patents Indentures Deeds Charters Extents Court Rouls and other Writings Minuments and Evidences whatsoever concerning the premises or any of them or any part or parcel of them or any of them Except and allwaies foreprized out of these presents the Manors or Lordships of Little Hallingbury and Haddestock or either of them or to the said Manors of Little Hallingbury and Haddestock or either of them belonging or appertaining To have and to hold the said Mansion-House called the Charter-House besides Smithfield And all and every the said Manors Lordships Messuages Parks Lands Tenements Reversions Services Advowsons Liberties Franchises Priviledges and Herediataments and all other the premises with their and every their Members and Appurtenances except before excepted unto the said Governours of the Lands Possessions Revenews and goods of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and their Successors for ever upon special trust and confidence That all singular the Rents Issues Revenews Cōmodities and profits of all singular the said Manors Houses Lands Tenements Hereditaments and other the premises with their Appurtenances shall be for ever hereafter from time to time truly faithfully and wholy distributed converted and imployed by the said Governours and their Successors to and for the maintainance continuance of the said Hospital and Free-School and of the Master Preacher School-Master Usher poor people Scholars Officers of and in the said Hospital and Free-school for the time being and at all times hereafter and from time to time for ever according to the true intent purport and meaning of the said Thomas Sutton and according to the Tenor and purport of the said Letters Patents and of these presents and to none other trust use confidence interest purpose or imployment whatsoever Yielding and paying therefore yeerly unto the said Thomas Sutton and his Heirs the yeerly Rent of 12. pence at the Feast of the Nativity of Saint John the Baptist yeerly to be paid And when and as of often as the said yeerly Rent of 12. pence shall be behind and unpaid at any Feast whereon the same ought to be paid That then and so often It shall be lawful for the said Thomas Sutton and his Heirs into the pemises and into every or any part or parcel thereof to enter and distrem and the distresse and distresses there taken to take lead and carry away and with him and them to detein until he and they be satisfied of the said Rent and the Arrerages thereof if any may be In witnesse whereof the parties first above named to these present Indentures interchangeably have set their Hands Seals the day and yeer first above written And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of the aforesaid premises with the Appurtenances in the County of Middlesex as before is said being seised The said Thomas Sutton after the aforesaid Indenture of Bargain Sale of the premises with the Appurtenances whereof c. by the aforesaid Thomas Earl of Suffolk to the aforesaid Thomas Sutton made and after the Inrollment of the aforesaid Indenture and before the Letters Patents aforesaid by the said Lord the King that now is as is said made and before the aforesaid Indenture made Between the aforesaid Thomas Sutton of the one part And the aforesaid George Arch-Bishop of Canterbury Primiate and Metropolitan of all England and others of the other part bearing date the first day of November in the yeer of the Reign of the Lord the King that now is the 9th abovesaid Appointed one Richard Bird to be Porter of the said Messuage called the late dissolved Charter-House besides Smith-field of the aforesaid Thomas Sutton which Richard Bird continued Porter of the said Messuage after the said Indenture made Between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the aforesaid first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid until the death of the said Tho. Sutton And further the Jurors say upon their Oath aforesaid That the said Thomas Sutton afterwards and before the time in which c. that is to say the second day of November in the yeer of our Lord 1611. made his Testament and last Will in Writing amongst other things as followeth in these words And my Will and meaning is That unlesse the said Sir Francis Popham the said Lady Ann his Wife do or shall give to mine Executor or Executors A general Acquittance or Release to the elect above mentioned That then as well the said Legacy of 2000. Marks so willed to be given to the said Sir Francis Popham and Ann his Wife as also the other several Legacies given and bequeathed to every of the said Children of Sir Francis Prpham and the Lady his Wife shall remain and be to the use of mine Executor or Executors to be wholly disposed and given by them within one whole yeer after my decease yeerly to the mending of the High-wayes and partly to poor Maids Mariages and partly to the Releasing of poor men that lie in Prison for Debt and partly to the poor people of my intended Hospital when it shall please God it be established and erected Also I give for and towards the building of my intended Hospital Chapel and School-house the sum of 5000. pound Item I
said Lady the Queen of the Bench here at Westminster in Easter Term in the yeer of the Reign of the said Lady the Queen the 30th abovesaid before the then Justices of the said Lady the Queen of the Bench here as the deed of the said William Haw by him the said William acknowledged and within 6. Moneths then next following that is to say the same Easter Term in due manner in the said Court of Record inrolled according to the form of the Statute in such case made and provided for and in consideration of 120. pound to the said William by the said Richard before that time paid bargained and sold to the said Richard amongst other things the Reversion aforesaid To have and to hold to him and his Heirs for ever By Colour of which Bargain and Sale and Inrollment aforesaid and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th holden at Westminster in the County of Middlesex the 4th day of February in the yeer his Reign the 27th Of transferring of uses into possession the aforesaid Richard was and yet is seised of the Reversion aforesaid in his Demesn as of Fee And the said Richard so thereof being seised and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances to her in form aforesaid granted being possessed The said Elizabeth did waste spoyle and destruction of the Lands that is to say in digging in 10. Acres of Land in Goring aforesaid parcel of the Tenements aforesaid to the aforesaid Robert demised 100. loads of Clay taking for the price of every load of Clay thereof 8. pence and cutting down and selling of the Woods also in a certain Wood called Heighgrove containing 10. Acres of Wood with the Appurte in Goring aforesaid and parcel of the Tenements aforesaid with the Appurtenances to the said Robert above in form aforesaid demised 20. Oaks the price of every Oak 5. shillings through the said whole Wood here and there growing and in a certain other Wood called the Hedge Row lying in Goring aforesaid near the aforesaid Wood called Heighgrove in Goring aforesaid parcel of the Tenement aforesaid with the Appurtenances in form aforesaid to the aforesaid Robert demised 40. Oaks the price of each of them 6. shillings through the said whole Wood here and theregrowing and in a certain Coppice called Home Coppice in Goring aforesaid parcel of the aforesaid Tenements with the Appurtenances to the said Robert in form aforesaid above demised 100. Oaks price of each of them 10. shillings in the said Coppice called Home Coppice late growing here and there And in 20. Acres of Pasture called the Hanging in Goring aforesaid lying there bebetwixt a certain Close called High grove hill and another Close called Dicker grove hill that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised 10. Oaks price of each of them 6. shillings Six Ashes price of each of them 5. shillings and 10. Beeches price of each of them 6. shillings in the aforesaid 20. Acres of Pasture likewise late here and there growing and in a certain Hedge of a certain Close called Home field in Whitchurch aforesaid that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised lying near unto a Wood called Hawes Coppice 3. Oaks price of each of them 10. shillings and one Beech price 10. shillings and in a certain other Hedge of the Close aforesaid called Home field in VVhitchurch aforesaid that is to say parcel of the Tenements aforesaid to the aforesaid Robert in form aforesaid demised lying near to the aforesaid Wood called Home Coppice 10. Oaks price of each of them 20. shillings and also in suffering the sprouts of the Roots of 20000. other little Oaks called Oakesciapling of 20000. Beeches and 200. Ashes to the value of 20. pound in the said Wood called Heigh grove and 10000. of other little Oaks called Oakesapling 10000. of Beeches and 100. of Ashes to the value of 20. pound in the aforesaid Wood called the Hedge Row and 10000. of Oaks 10000. of Beeches and 200. of Ashes in the aforesaid Coppice called Hawe Coppice by the said Elizabeth through the whole Woods here and there growing to be cut and to be eaten and utterly destroyed and wasted with Cattel to the dissenherisin of the said Richard and against the form of the Provision aforesaid Whereupon he saith he is the worse and hath damage to the value of 200. pound and thereof he bringeth Sute c. And the the aforesaid Elizabeth by Ralph Burges her Attorny cometh and desendeth the force and injury when c. And whatsoever c. And saith that the aforesaid Richard his Action against her ought not to have Because she saith That well and true it is That the aforesaid William Haw was seised of the Tenements aforesaid with the Appurtenances in his Demesn as of Fee and being thereof so seised the aforesaid 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th abovesaid By his Indenture demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances except before excepted To have and to hold to him and his Assigns from the aforesaid Feast of the birth of our Lord then last past until the end and Term of the aforesaid 16. yeers then next following and fully to be compleat and ended By virtue of which demise the aforesaid Robert into the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the aforesaid 20th day of August abovesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid premises with the Appurtenances above demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised entred and waâ— thereof possessed as the aforesaid Rich. by his Declaration above supposeeth But the said Elizabeth further saith That the said Elizabeth of the Tenements aforesaid with the Appurtenances above demised in form aforesaid being possessed and the said William Haw of the Reversion thereof being seised in his Demesn as of Fee after the aforesaid 7th day of May in the 30th yeer aforesaid and before the aforesaid Indenture of Bargain and Sale Between the aforesaid William of the one part and the aforesaid Richard of the other part made in the Court of the Lady the Queen of the Bench in form aforesaid was inrolled A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here that is to say at WESTMINSTER aforesaid from the aforesaid day of Easter in 15. days in the yeer of her Reign the 30th abovesaid before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said
is aforesaid and that it shall and may be Lawfull to and for the said Master Preacher School-master Usher Poor men and Poor Children and Officers of the Hospital to remain assemble be and Cohabit together in the said House Buildings and Hospital And that it may be further enacted by the authority aforesaid and Be it enacted by the authority aforesaid that your said supplyant during his life and that the said Governors and their successors for the time being or the most part of them after his decease shall and may have full power and authority under the said common Seal to make ordayn set down and prescribe such Rules Statues and Ordinances for the Order Rule and Government of the said Hospital and of the said Master Preacher School-Master Usher Poor men Poor Children and Officers and their successors and for their and every of their stipends and allowances as to your said supplyant during his life and the said Governors and their successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down or prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative royal nor to the Laws or Statures of this your Majesties Realm of England nor to any Ecclesiastical Canons of the Church of England then in force and use And that your said supplyant during his life and the said Governours and their successors for the time being or the most part of them and such of them as your said supplyant shall thereto nominate and appoint shall and may after the decease of your said suppliant have power and authority to visit the said Hospital and to Order reform and redress all disorders and abuses in and touching the Government and disposing of the same And further to censure suspend and deprive the said Master Preacher School-master Usher Poor men Poor Children and Officers for the time being and every or any of them as to him and them shall seem Just fit and convenient so alwaies as no Visitation Act or thing in or touching the same be had made or done other than by your supplyant during his life or the said Governours and their successors for the time being or the most part of them after his decease or by such of them as your supplyant shall hereunto nominate and appoint And also that it may be farther enacted by the authority aforesaid and be it enacted by the authority aforesaid that that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use behoof for during so long time as he shall be Preacher Minister there without any other Presentation or Admission Jnstruction or Induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine end when as soon as any such person shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall cease and resign leave or be put out and removed from his said place of Preacher or Minister of the said Hospital Saving alwayes and reserving to your Majesty your Heirs and Successors and to every other person or persons Bodies Politick or Corporate their Heirs and Successors other than your suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Comodities Advantages and Hereditaments whatsoever which they or any of them shall and may have or of Right ought to have of in to or out of the premises or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premises or any part or parcel thereof And other their Respits of Homage or Fines for not payment of Respits of Homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any one of them for or by reason of any Statute hitherto made for concerning or against any Alienation in Mortmain as by the said Act amongst other things it appeareth And further the said Jurors say upon their Oath aforesaid That Thomas then and now Earl of Suffolk Lord Chamberlain of the Kings Houshold before the aforesaid time in which c. was seized of and in a certain Capital Messuage or Mansion-house called or known by the name of Howard House otherwise called The late dissolved Charter-House besides Smithfield situate lying and being in the County of Middlesex with all and singular Rights Members and Appurtenances to the same belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and of and in all that parcel of Land with the Appurtenances commonly called Pardon Church-yard and of all those two Messuages or Tenements and two Closes of Land with the Appurtenances thereunto belonging commonly called Welbech situate lying and being in the said County of Middlesex whereof the aforesaid Capital Messuage with the Appurtenances in the Declaration aforesaid mentioned is and the aforesaid time in which it is supposed the Trespass aforesaid above to be done as also time whereof the Memory of Men is not to the contrary was parcel in his Demesn as of Fee And so thereof being seized The said now Earl of Suffolk before the time in which c. That is to say at Westminster in the County of Middlesex By his certain Indenture between him the said now Earl by the name of the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the most Honourable Houshold of the Lord the King and Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk and Thomas Earl of Arundel and Surrey and William Lord Howard of Naward in the County of Cumberland of the one part and the aforesaid Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part made and within 6. Moneths then next following in the Court of the said Lord the King of Common-Pleas at VVestminster aforesaid then being in due manner of Record Inrolled according to the form of the Statute in such case made and provided one part of which as well with the Seal of the aforesaid Thomas now Earl of Suffolk as with the Seals of the aforesaid Theophilus Lord Howard Thomas Earl of Arundel and Surrey William Lord Howard sealed to the