seised of the Mannor of Nether Melcum otherwise Binghams Melcum aforesaid with the appurtenances whereof c. that is to say to the said Robert and Jane and the heirs of the aforesaid Robert for ever And the said Jurors farther say upon their Oath aforesaid that the said Robert Bingham the Elder then was seised in his Demesn as of Fee of and in the Mannor Lands and Tenements called Melcum Binghams situate in Tollor Porcoram in the said County of Dorset and the said Robert so of the Mannor and the said Tenements and of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. being seised A Fine was Levyed in the Court of the said Lady the Queen that now is at Westminster aforesaid before the within written time in which c. that is to say in the morrow of the holy Trinity in the year of the Reign of the said Lady the Queen that now is the 20th before Iames Dyer Roger Manwood and Robert Mounson and Thomas Mead then Justices of the said Lady the Queen of the Bench and other of the said Lady the Queens faithfull people then present Between Richard Rogers Knight Nicholas Furbervile and John Williams Esquires then plaintifs and the aforesaid Robert Bingham the Elder Esquire then deforceant of the said Mannor of Nether Melcum otherwise Melcum Binghams whereof c. and of the said Mannor of Melcum Binghams with the appurtenances by the names of the Mannor of Melcam Bingham and Melcum Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Lands 300 Acres of Meadow 50 Acres of Pasture 20 Acres of Wood and 1000 Acres of Furz and Heath with the appurtenances in Neither Melcam Toller Porcoram Magouder and Haselberry Brion in the County of Dorset and of 3 Messuages 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres Pasture 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Geffery Bardchalk Alderbery East Grimsted and West Grimsted in the County of Wilts whereupon a plea of Covenant was summoned between them in the said Court That is to say that the said Robert Bingham the Elder acknowleged the said Mannors and Tenements with the appurtenances to be the right of the said Richard Rogers as those which the said Richard Rogers Nicholas Turbervile and John Williams had of the gift of the said Robert Bingham and released and quit claymed from him and his heirs to the said Richard Rogers Nicholas Turbervile and John williams and the heirs of the said Richard Rogers for ever And further the said Robert Bingham granted for him and his heirs that the warrant to the aforesaid Richard Rogers Nicholas Turbervile and John Williams and to the heirs of the said Richard Robers the aforesaid Mannors and Tenements with the appurtenances against the said Roqert Bingham and his heirs for ever the Tenor of which fine followeth in these words This is the final Concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Eliz by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 20th before James Dyer Roger Manwood Robert Mounson and Thomas Meade Justices and other of the Lady the Queens faithfull people then and there present between Richard Rogers Knight Nicholas Turburvile Esquire and Iohn Williams Esquire Complaiâ—ants and Rober Bingham the elder Esquire deforceant of the Mannors of Melcam Bingham and Wolcomb Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Land 300 Acres of Meadow 50 Acres of pasture 20 Acres of wood and 1000 Acres of Furz and Heath with the appurtenances in Nether Melcum Toller Porcorum Mapowder and Haseberry Bayan in the County of Dorset and of 8 Messuages 3 Tofts 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres of Pasture and 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Gyfford Burdchalke Alderbury East Grimsted and West Grimsted in the County of Wilts whereof a plea of Covenant was summoned between them in the said Court that is to say That the said Robert acknowleged the Mannors and Tenements aforesaid with the appurtenances to be the right of the said Richard as those which the same Richard Nicholas and Iohn had of the gift of the said Robert and those released and quit claymed from him and his heirs to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs And further the said Robert graunted for him and his heirs that they warrant to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs for ever And for this Recognition release quit claym warranty fine and Concord the same Richard Nicholas and Iohn gave to the said Robert 826 pound Sterling Which fine aforesaid levyed and had was levyed of the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. to the use of the said Robert Bingham the Elder for the Term of his life and after his decease then to the use of the aforesaid Robert Bingham than Son and heir apparent of the said Robert Bingham the Elder and the heirs of his body upon the Body of Ann then wife of the said Robert Bingham the Son to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever And of the aforesaid Mannor and Tenements called Wolcumb Binghams with the appurtenances to the use of the said Robert Bingham the Son and the aforesaid Ann and the heirs of the body of the said Robert Bingham the Son upon the body of the aforesaid Ann Lawfully to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever By virtue of which Fine and by force of the aforesaid Act of Parliament of transferring uses into possession made and provided the aforesaid Robert bingham the Elder was seised of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. in his demesn as of freehold for the Term of his life the remainder thereof to the said Robert Bingham the Younger in Fee tayl that is to say to him and to the heirs of his body to be begotten upon the Body of the said Ann the remainder to the right heirs of the said Robert Bingham the Elder for ever And besides the said Robert Bingham the Younger Ann his wife were seised of the said Mannor Land and Tenements called Wolcum Binghams with the appurtenances that is to say to the aforesaid Robert Bingham the
Purificaiion of the blessed Mary wheresoever c. to Recognize in form aforesaid c. And the same day is given to the parties aforesaid c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and the said Edward by their Attorny aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif sent not his Writ thereof c. There again as before It is commanded c. That he destrein the Jurors aforesaid by all their Lands c. So that he have their Bodies before the Lady the Queen from the day of Easter in 15. dayes wheresoever c. Unless the Justices of the Lady the Queen to Assizes in the County of KENT to be taken assigned first upon Monday in the 5th Week of Lent at Rochester in the aforesaid County of KENT according to the form of the Statute shall come for default of Jurors And therefore that the Siherif have their Bodies c. to Recognize in form aforesaid And the same day is given to the parties aforesaid At which day before the Lady the Queen at Westminster came aswel the aforesaid Christopher Digges the Son and Edward Digges by their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the aforesaid Justices to Assizes before whom c. sent here the Record had before them in these words After wards the day and place within contained before Francis Gawdy one of the Justices to Pleas before the Queen her self to be holden assigned and George Kingsmill one of the Justices of the said Lady the Queen of the Bench Justices of the said Lady the Queen to Assizeâ— in the said County of Kent to be taken assigned by the form of the Statute c. come aswel the within named Christâ—pher Digges and Edward Diggs by Edmond Gibbon their Attorny within written as the said Thomas Palmer and Margaret by Nathaniel Manley their Attorny And the Jurors of the Juâ—y whereof within mention is made likewise being called come who to say the truth of the within contained chosen tryed and sworn say upon their Oaths That long before the day of the bringing of the Monsirans de droit within written one Christopher Digg otherwise Digges Esquire in the Monstrans de droit within named Father of the aforesaid Christopher Digges and Edward Digges was seized of the Mannors Lands and Tenements with the appurtenances in the Monstrans de droit specified and of and in Lands and Tenements in the Indenture hereafter specified in his Demesn as oâ— Fee And so thereof being seized The said Christopher Digges the Father before the day of the bringing of the Monstrans de droit within written that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th By his Indenture between him the sâ—id Christopher Digges the Father of the one part Henry Cripps Knight John â—rook Francis Gatacre Richard Brook Thomas Leason and Richard Horewood Gent. of the other part made one part whereof with the Seal of the said Christopher Digges the Father sealed to the Jurors aforesaid in Evidence was shewed whose Date is the same day and yeer For the Considerations and Causes in the same Indenture specified covenanted and granted for him and his Heirs To and with the aforesaid Henry â—ripps John Brook Francis Gatacre Richard Brook Thomas â—eison and Richard Horewood and their Heirs That the said Christopher Digges the Father and his Heirs then from thenceforth would stand and be seized of and in all and singular the aforesaid Mannors Lands and Tenements to the Behoofs and uses Provisons and intents in the same Indenture specified The Tâ—nor of which Indenture followeth in these words ss This Indenture made the 6th day of May in the 10th yeer of the Reign oâ— our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Christopher Digg otherwise Digges of Outelmeston in the County of Kent Esquire on â—he one part and St. Henry Cripps or Thenett in the said County Knight John Brook Francis Gatacre Thomas Leweson and Richard Horewood Gent. on the other part witnesseth That whereas the said Christopher Digges did â—eretofore mary and take to Wife Martha Brook Sister of the said John Brook and Richard Brook and now Wife of the said Christoper and during the said Mariage had and continuing they had and have issue be ween their Thomas Digg otherwise Digges now being Son and Heir apparent of the said Christopher Therefore aswel in Consideration of the said Mariage so had betwâ—en the said Christopher and Martha As alâ—o for and in consideration of the sum of 200. pounds of good and lawful money of England before the solemnization of the Mariage aforesaid unto the sâ—id Christopher well and truly contented satisfied and paid As also for the Preferment and certain Advancement of the said Thomas â—igges and of the Heirs Males of the said Thomas Digges of his Body lawfully to be begotten And also for diverse other good considerations the same Christopher Digges thereunto specially moving It is now Covenanted Granted Concluded Condescended and Agreed between the parties to these presents and the said Christopher Digges and his Heirs doth by these presents Covenant Grant and Agree to and with the said Sr. Henry Cripps Knight John Brook â—rancis Gatacre Richard Brook Thomas Leweson and Richard Horewood their Executors and Administrators in manner and form following That is to say That aswell the said Christopher Digges and his Heirs and all and every other person or persons and their Heirs which now stand or be seized or at any time hereafter shall stand or be seized of and in all and singular his Manors Messuages Lands Tenements Rents Reversions Services whatsoever with their appurtenances set lying and being in the said County of Kent shall from the day of the Date of these presents stand and be seized of and in all and every the said Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of Kent to the only uses and intents hereafter in these presents mentioned and expressed and to none other use intent or purpose That is to say To the use of the said Christopher Digges for his natural life and after the decease of the said Christopher Digges Then to the use of the said Thomas Digges and the Heirs Males of his body lawfully begotten and for default of such Heirs Males Then to the use of the Heirs Males of the body of the said Christopher upon the Body of the said Martha lawfully to be begotten Provided alwaies and it is neverthelesse Covenanted and Agreed by these presents between the said parties to these presents upon the Considerations above mentioned That for the Preferment and Advancement of the other Children of the said Christopher Digges and
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
the Country and the said Iohn Hayward likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Easter in 5. weeks 12. c. by whom c. And who neither c. To Recognize c. Because as wel c. At which day here came the Parties c. And the Sheriff sent not the Writ Therefore as before It is cmmanded to the Sheriff that he cause to come here 12. c. in the Morrow of the Holy Trinity To recognize c. At which day here cometh the parties And the Sheriff sent not the Writ Therefore it is commanded the Sheriff as at first That he cause to be here the morrow of Saint Martin 12. c. to Recognize in the form aforesaid At which dayes come the Parties and the Sheriff sent not the Writ Therefore as at first it is commanded the Sheriff that he cause to come here 12. c. 8. dayes of St. Hillary c. To Recognise c. in the form aforesaid c. At which day the Parties come c. and the Sheriff sent not the Writ c. Therefore as at first it is commanâ—ed to the Sheriff that he cause to come here from Faster day 15. dayes 12. c. to Recognize in form aforesaid c. at which day here come the Parties c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded the Sheriff that he cause to come here in the morrow of the holy Trinity 12. c. to Recognize in form aforesaid c. At wch day the parties come here c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded to the Sheriff that he cause to come here in the morrow of Saint Martin 12. c. to Recognize in form aforesaid c. At which day the Parties come here c. and the Sheriff sent not the Writ Therefore it is commanded the Sheriff that he cause to come in 8. days of Saint Hillary 12. c. to Recognize in form aforesaid At which day the Parties come and the Sheriff sent not the Writ And so several Venire Facias were award to the Sheriff from Term to Term to return Jurors at a day every of the said Term as at first and the parties come at the said dayes and the Sheriff sent not the Writ as in the Rolls upon Record appeareth And Process was continued between the Parties aforesaid of the Plea aforesaid by Jurors put in respite untill this day that is to say in days of St. Michael in the year of the Reign of the Lady the Queen that now is the 31. Unless the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. upon Wednesday the 27th of Iune at East Greinstead in the County aforesaid first should come And now at this day as wel the aforesaid John Heyward as the aforesaid Thomas Bettisworth come by their Attorneys aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record in these words Afterwards the day and place within contained before Robert Clarke one of the Barons of the Lady the Queen of her Exchequer and Iohn Puckering one of the Serjeants at Law of the Queen Justices of the said Lady the Queen to take Assizes in the County of Sussex Assigned by the form of the Statute c. come as well the within named Iohn Hayward by William Siday his Attorney as the within written Thomas Bettisworth by John Lyons his Attorney And the Jurors of the Jury whereof within mention is made being called some of them that is to say Edward Pickham William Ayles Thomas â—etley William â—revet Edmond Gray Iohn Lock Iohn Capron and John Andrew appeared and was sworn Jurors in the said Jury And because the rest of that Jury did not appear others of the standers by chosen by the Sheriff at the request of the aforesaid Thomas Bettisworth And by the command of the Justices aforesaid were new put to them whose nâ—mes to the Pannel within written are filled according to the form of the Statute in such case of late made and provided The names of which Jurors so put to that is to say John Pitte Thomas Bayley William Leefe and Thomas Aglewyn come and to say the truth of the matter within contained together with the Juros first impannelled and sworn chosen tryed and sworn say upon their Oath That one John Bettisworth was seized in his Demesn as of Fee of and in the within written Messuage and Garden witht the Appurtenances in Iping within written whereof the within written place in which c. and at the within written time in which as also time whereof the memory of man is not to the contrary was parcel And further the Jurors say upon their Oaths aforesaid that the aforesaid place in which c. doth contain and the aforesaid time in which c. did contain in it â—elf one Acre and half an Acre of Land and called by the name of Rainolds and is and the aforesaid time in which c. as also time whereof the memory of men is not to the contrary was a several Close by it self separately inclosed and further the Iurors say upon their Oath That the aforesaid John Bettisworth so thereof as before is said being seized Afterwards that is to say the 20th day of March in the year of the Reign of the Lady the Queen that now is the 11th at Iping afoâ—esaid By his Indenture within written made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the said Tenements with the Appurtenances whereof c. to the aforesaid John Hayward and his Assigns from the Feast of the blessed Mary the Virgin then next following unto the end and term of 21. years then next following fully to be compleat and ended Yielding and paying therefore yearly to the aforesaid John Bettisworth and his Assigns 12. d. At the Feast of St. Michâ—el the Archangel or within 10. days next after the said Feast By vertue of which Demise the said John Hayward into the Tenents aforesaid with the Apurtenances whereof c. entred and was thereof possessed the reversiâ—n thereof to the aforesaid John Bittesworth and his Heirs expectant And he the said John Heyward of the Tenements aforesaid with the Appurtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seisâ—d in Demesn as of Fee The said Iohn Bettisworth into the aforesaid Close in which c. called Rainolds in the possâ—ssion of the said Iohn Heyward entred and there immediatly after sealed and delivered as his Deed a certain Deed containing a Feoffment
life And afterwards there dyed of such estate thereof seised After whose death the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Freehold for the Term of his life by virtue of the bequest aforesaid and the Reversion of the Tenements aforesaid with the Appurtenances whereof c. after the death of the said Thomas did descend to one Thomas Nash as Son and Heir of the aforesaid Thomas Nash sometimes Husband c. By which the said Thomas the Son was seised of the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. as of Fee and Right And the said Thomas so thereof being seised and the aforesaid Zachary of the Tenements aforesaid with the Appurtenances whereof c. So as before is said being seised The aforesaid Marcy after the death of the said Thomas Nash sometimes her Husband c. in the Widdowhood of the said Marcy whilest she was single that is to say The 27 th day of April in the yeer of the Reign of the Lady Elizabeth late Queen of England the 35 th at Gosfield aforesaid by her writing of Release which the said Edward and Margaret with the seal of the said Marcy sealed here in Court bring whose date is the same day and yeer by the name of Marcy Nash the Widdow of Thomas Nash late of Feringe in the County of Essex deceased remised released and altogether for her her Heirs Executors and Administrators for ever quit claimed to the aforesaid Thomas Nash Son and Heir of the aforesaid Thomas Nash sometimes the Husband of the said Marcy by the name of Thomas Nash of Wetherfield in the County aforesaid Yeoman Son and Heir of the said Thomas Nash late her Husband All and all manner of Actions as well Real as Personal all Sutes Quarrels and Demands whatsoever which she the said Marcy or her Executors against the said Thomas Nash Son and Heir Executors ever have or had then had or ought to have or any wayes then might or would have by reason of any thing cause or deed whatsoever from the beginning of the world unto the day of the date of the same Writing of Release After which Writing of Release to the aforesaid Thom. the Son as before is said made The aforesaid Thomas the Son of the Reversion of the Tenements aforesaid with the Appurtenance whereof c. in form aforesaid being seised At Gosfield aforesaid dyed of such his estate thereof seised After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. did descend to the aforesaid Margaret as Daughter and Heir of the aforesaid Thomas the Son By which the said Margaret was seised of the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. as of Fee and Right and she the said Margaret so of the same Reversion as before is said being seised And the aforesaid Zachary of the Tenements aforesaid with the Appurtenances whereof c. in form aforesaid being seised The said Zachary afterwards at Gosfield aforesaid dyed of such his estate thereof seised After whose death the said Margaret into the Tenements aforesaid with the Appurtenances whereof c. entred and was thereof seised in their Demesn as of Fee and Right and so thereof being seised The said Margaret afterwards and before the day of bringing the Original Writ as aforesaid of the said Thomas and Lawrence and Marcy at Gosfield aforesaid took to Husband the aforesaid Edward Altham By which the said Edward and Margaret were and yet are seised of the Tenements aforesaid with the Appurtenances whereof in their Demesn as of Fee in the Right of the said Margaret And this they are ready to aver and demand Judgement if the aforesaid Thomas Lawrence and Marcy Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes the Husband c. against them ought to have c. And the aforesaid Thomas Lawrence and Marcy demand the hearing of the aforesaid Writing of Release And it is read unto them in these words To All Faithful People to whom this present Writing shall come Marcy Nash the Widow of Thomas Nash late of Feringe in the County of Essex greeting in our Lord God everlasting Know Me the aforesaid Marcy being in my pure Widowhood and â—ull power to have Remised Released and altogether for Me my Heirs Executors and Administrators for ever quit claimed to Thomas Nash of Wetherfield in the County aforesaid Yeoman All and all manner of Actions as well real as personal Sutes Quarrels and Demands whatsoever As also all my Dower and Title and Action of Dower to me appertaining by the death of the said Thomas my Husband of any of his Lands and Tenements in Wetherfield aforesaid what or which I the said Marcy or my Executors against him the said Thomas Nash the Son or his Executors I ever had have or any wayes hereafter may have we have or may have by reason of any thing cause or deed whatsoever from the beginning of the World unto the day of the Date of this present Writing of Release And further know ye Me the aforesaid Marcy to have given and Remised to the said Thomas Nash the Son All the Goods late of the said Thomas my Husband which were in the possession of the said Thomas the Son or his Assignes at the time of the making of this deed of Release In Witnesse whereof to this my present Writing I have set my Seal Dated the 27 th day of April in the yeer of the Reign of our Lady Elizabeth by the Grace of God of England France and Ireland Queen defendor of the Faith c. the 35 th Which being read and heard The said Thomas Lawrence and Marcy say That they for any thing before alleged for having the Dower of the said Marcy ought not to be barred because they say That the aforesaid Thomas Nash sometimes Husband c. in his life time and at the time of his death was seised as well of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid As of Two Messuages and 200. Acres of Land with the Appurtenances in Wetherfield aforesaid in his Demesn as of Fee And so thereof being seised at Gosfield aforesaid by his Last Will and Testament in Writing devised the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid to the aforesaid Zachary Nash younger Son of the said Thomas Nash sometimes Husband c. And afterwards at Gosfield aforesaid dyed After whose death the said Thomas Nash the younger as Son and Heir of the said Thomas Nash sometimes Husband c. into the Tenements aforesaid with the Appurtenances in VVetherfield aforesaid entred and was thereof seised in his Demesn as of Fee and Right And the said Zachary into the Tenements aforesaid with the Appurtenances whereof
Record inrolled according to the form of the Statute in such case made and provided One part whereof sealed with the seal of the said Thomas Bowes to the Jurors aforesaid was shewed in Evidence For and in consideration of a certain summ of Money to the said Thomas by the aforesaid William Petham Esq before hand payed bargained and sould to the said William Petham The Messuage aforesaid with the Appurtenances amongst other things To have to him and his Heirs and Assignes for ever The Tenor of which Indenture followeth in these words This Indenture made the 19th day of December 1571. And in the 14th year of the Reign of our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Thomas Bowes Esq Son and Heir of Sir Martin Bowes Kt. late Citizen and Alderman of the City of London deceased of the one party And William Petham of London Esq and Lieutenant General of the Queens Majesties Ordnance of the other party Witnesseth That the said Thomas Bowes for and in consideration of the summ of 1000. pounds of good and lawful Money of England to him the said Thomas Bowes by the said William Pelham at and before the sealing of these presents well and truly contented and paid whereof and wherewith the said Thomas Bowes acknowledgeth himself fully contented satisfied and paid And thereof of every part and parcel thereof doth by these presents clearly acquit exâ—nerate and discharge the said William Pelham his Heirs Executors Administrators and Assignes and every of them for ever by these presents Hath bargained sold given and granted and by these presents doth fully and absolutely bargain sell give and grant unto the said William Pelham his Heirs and Assignes forever All those 8. Messuages or Tenements with the Appurtenances situate lying and being in the Parish of St. Mary VVoolnoth within the City of London now or late in the several Tennures or Occupations of Francis Barnard Cook Thomas Atkinson Scrivener John Allen Thomas Giles Haberdasher John Heath Scrivener Thomas Ryding Cloathworker Citizens of London Ellin Witten and Elizabeth Banester of London Widowes or their several Assignes together with all and singular Shops Sellers Yards Back-sides void Groundâ— Easements Wayes Profits Commodities and Appurtenances to the same Tenements or any of them belonging or appertaining or at any time had taken reputed known used or occupied as part parcell or member of them or any of them with the Advowson or Patronage and gift of the Benefice of the said Parish Church of St. Mary Woolnoth Together with all the Right Title Interest Claim Demand and Reversion with Rents reserved which the said Thomas Bowes hath or of right ought to have of in or to the said 8. Messuages and other the premises or any part or parcell of them or any of them And also the said Thomas Bowes for the Consideration aforesaid Hath bargained and sold given and granted and by these presents doth fully and absolutely bargain and sell give and grant unto the said VVilliam Pelham his He is and Assignes for ever As well the severall Counterpaines of the Indentures oâ— leases made demised and granted of the aforesaid several Messuages or Tenements As also all and every the Deeds Evidences Charters Court-Rolls Rentalls Escripts Miniments and Writings touching or in any wise concerning the premises or any part or parcell thereof All which said several Counterpaines of the said several Indentures of Lease and the said Deeds Evidences Court-Rolls Charters and Miniments before mentioned to be bargained and sold or as many thereof as be in the hands custody or possession of the said Thomas Bowes or of any other to his use The said Thomas Bowes doth covenant grant and agree for himself his Heirs Executors Administrators or Assignes and every of them to and with the said VVilliam Pelham his Executors Administrators and Assignes and every of them by these presents to deliver or cause to be delivered to the said VVilliam Pelham his Heirs Executors Administrators or Assignes At or before the Feast of the Nativity of St. John the Baptist next insuing after the Date of this Indenture Together with the true Copies of all such other Deeds Evidences Charters Court Rolls Rentalls Miniments and Writings as concern the said mentioned premises and other Lands Tenements and Hereditaments not bargained by these presents To have and to hold all and singular the aforesaid Messuages and other the premises with the Appurtenances and every part and parcell thereof by these presents bargained and sold unto the said VVilliam Pelham his Heirs and Assignes forever to the proper use and behoof of the said VVilliam Pelham his Heirs and Assignes for ever And further the said Thomas Bowes doth by these presents covenant and grant for him his Heirs and Executors to and with the said VVilliam Pelham his Heirs Executors Administrators and Assignes by these presents That all and singular the said 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof by these presents bargained and sold now remain and be and at all and every time and times hereafter shall remain and continue unto the said VVilliam Pelham his Heirs and Assignes for ever clearly acquitted discharged or otherwise sufficiently saved harmlesse by the said Thomas Bowes his Heirs Executors Administrators or Assignes of and from all Bargaines Sales Joyntures Dowers Judgements Executions Intrusions Fines Alienations and all other charges duties and incombrances whatsoever heretofore had made done or suffered by the said Thomas Bowes or his Assignes or by any other person or persons the several Leases heretofore made and granted of the premises now standing in their full force onely excepted and foreprised during which several Terms in the said several Indentures of Lease mentioned the said Thomas Bowes doth covenant and grant for Him his Heirs and Assignes to and with the said VVilliam Pelham his Heirs Executors and Assignes That the several Rents thereupon reserved shall and may have continuance and be payable to the said VVilliam Pelham his Heirs and Assignes during the said several Terms All manner of chief Rents and services heretofore to be due for the same to the chief Lord and Lords of the Fee and Fees only excepted And farther the said Thomas Bowes doth by these presents for himself his Heirs Executors Administrators and Assignes and every of them covenant grant and agree with the said William Petham his Heirs Executors Administrators and Assignes and every of them by these presents That he the said Thomas Bowes at the making thereof standeth and is lawful and rightful owner of all and singular the aforesaid 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof And that he is sole lawfully and rightfully seised of a good and perfect estate in Fee simple or Fee tail in his own right and to his own use onely and without condition or other defeasance of all the
within conteyned before Thomas Walmsley one of the Justices of the Lady the Queen of the Bench and Edward Fennes one of the Justices of the said Lady the Queen of pleas before the Queen her self holden assigned Justices of the said Lady the Queen to take Assises in the County of Dorset assigned by the form of the statute c. came aswell the within named George Stroud Esquire by Thomas Clayton his Attorny as the within named Ralph Horsey Knight Richard Veal and Edward Goor by Henry Collier their Attorny and the Jurors of the Jury whereof within mention is made some of them appeared and some of them did not appear as it appeareth in the pannel c. and some of the Jurors now appearing that is to say Richard Ham Thomas Tooner John Burt Henry Hâ—rbyn Gentleman John Young Gentleman John Butler Gentleman William Withington John Payn and Christorher Dolling in the Jury aforesaid are sworn and some of the said Jurors now appearing that is to say Thomas Heal Edward Carter Robert Chippe Henry Squib and George Frome because they between the parties aforesaid are found to be suspicious from the pannel aforesaid they were utterly drawn out and because the rest of the Jurors of the said Jury did not appear therefore others of the standers by by the Sheriff aforesaid to that being chosen at the request of the said George Stroud and by the Command of the Justices aforesaid were of new put whose names to the pannel within written are fyled according to the form of the statute in such case thereof late made and is provided and the Jurors so nâ—w put that is to say Clement Jay Nicholas Brown and Thomas Eyres being called likewise appeared who to say the truth of the matters within conteyned together with the other Jurors aforesaid first impanelled Chosen tryed and sworn say upon their Oath aforesaid that the Tenement within written in which it is supposed the Trespass and Ejectment within written to be are and time whereof the memory of men is not to the Contrary were parcel of the Mannor of Nether Melcum otherwise called Melcum Bingham with the appurtenances and that the said Mannor of Neither Melcum otherwise Melcum Biugham with the appurtenances whereof c. lyeth within the Parish of Melcum in the County aforesaid and that before the time within written in which the Trespass and Ejectment within written was supposed to be done one Robert Bingham the elder was seised for the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. in his demesne as of Fee and so thereof seised held the said Mannor with the appurtenances of one John Hrosey Knight as of his Mannor of Melcam otherwise Horseys Melcum otherwise Starges Melcum in the County aforesaid by Knight service that is to say by Homage and Fealty and Escuage to the Lady the Queen of 40. shillings when it should happen 2. shillings and for more more and less less c. and the said Robert Bingham being so seised before the time within written in which c. that is to say the morrow of the Holy Trinity in the year of the Reign of the said Lady the Queen that now is the 12 a sine was levyed in the Court of the said Lady the Queen at Westminster in the County of Middlesex before James Dyer Richard Weston Richard Harper then Justices of the said Lady the Queen of the Bench and other the Queens faithfull people then present between Thomas Buckley and Henry Gawen Gentlemen plaintifs and the said Robert Bingham the Elder Deforceant Of the Mannor of Neither Melcum otherwise Melcum Bingham aforesaid with the appurtenances whereof c. by the names of the Mannor of Nether Melcum otherwise Melcum Bingham aforesaid with the appurtenances and 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 120 Acres of Land 30 Acres of Meadow 300 Acres of pasture 8 Acres of Wood and 20 Acres of Furze and Heath with the appurtenances in Nether Melcum other wise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert Bingham did acknowlege the said Mannor and Tenements with the appurtenances to be the right of the said Thomas Buckley as that with the said Thomas Buckley and Henry Gawen had of the gift of the said Robert Bingham and then released and quit claimed from him and his heirs to the said Thomas Buckley and Henry Gawen and the heirs of the said Thomas for ever And afterwards the said Robert Bingham granted for him and his heirs that they would warrant to the said Thomas Buckley and Henry Gawen and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever the Tenor of which Fine followeth in these ss Dorset ss This is a final concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. from the Conquest the 12th before James Dyer Richard Weston and Richard Harper Justices and other the Queens faithfull people there present Between Thomas Buckley and Henry Gawen Gentlemen plaintifs and Robert Bingham Esquire Deforceant of the Mannor of Neither Melcum otherwise Binghams Melcum with the appurtenances and of 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 12â— Acres of Land 30 Acres of Meadow 100 Acres of pasture 8 Acres of wood and 20 Acres of Furz and Heath in Nether Melcum otherwise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert acknowledged the aforesaid Mannor Tenements with the appurtenances to be the right of the said Thomas and those which the said Thomas and Henry had of the gift of the aforesaid Robert and the same released and quit claimed from him and his heirs to the said Thomas and Henry and the heirs of the said Thomas for ever And farther the said Robert granteth for him and his heirs that they warrant to the aforesaid Thomas and Henry and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever and for this Recognition remission and quit claym warranty and Concord the said Thomas and Henry give to the said Robert 150 pound sterling which said Fine of the Mannor and Tenements aforesaid whereof c. in form aforesaid Levied was had and Levyed to the use of the said Robert Bingham the Elder and Jane his wife and the heirs of the said Robert for ever by virtue whereof and by force of a certain Act of Parliament of transferring of uses into possession made at Westminster in the year of the Reign of the late King Henry the 8th of England the 27th made and provided the said Robert Bingham the elder and Jane were
Younger in his demesn as of Feetail that is to say to him and the heirs of his body upon the body of the said Ann his wise Lawfully to be begotren and the aforesaid Ann in her demesn as of Freehold for the Term of her life the remainder thereof to the right heirs of the said Robert Bingham the Elder for ever And the Jurors aforesaid say upon their Oath aforesaid that at the time of the Levying of the said last recited Fine by the said Robert Bingham the Elder in form aforesaid had the said John Horsey was seised of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances in his demesn as of Fee and the said John Horsey so thereof being seised a Fine was Levyed in the Court of the said Lady the Queen that now is at the Castle of Hartford in the County of Hartford after and before the within written time in which c. that is to say in the morrow of All Souls in the year of the Reign of the said Lady the Queen that now is the 24th before Edmund Anderson Thomas Meade Francis Windham and William Periam then Justices of the said lady the Queen of the Bench other of the said Lady the Queens faithful people then there present between Henry Viscount Bindon Sichard Rogers Knight Henry Ashley Knight Thomas Hayward George Trenchard John Strange-waies John Williams Richard Watkins Thomas Muttens Henry Collier Edward St. Karke John Fitz-Williams and George Gilbert Fsquires then plaintiffs and the said John Horsey Knight then defendant of the said Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances by the names of the Mannors of Clyfton Malarke Thorneford Nether Crompton Bradford Sherborne Wyke Horseys Melcum otherwise Sturges Melcum with the appurtenances and 250 Messuages 100 Toâ—ts 10 Mills 10 Dovehouses 3000 Acres of Lands 2000 Acres of Meadow 5000 Acres of Pasture 1000. Acres of Wood 3000. Acres of Furz and Heath and 10. pound Rent with the Appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beere-Hacket Shirborn Lillington Nether-Crompton Over-Crompton Long Barton Oburne Heyden Vpmelcum Nether Melcombe Cheselborn Buckland Plushe Mapowder Mylton other Midleton and Helton And the Rectory of Bradford with the appurtenances As also of the Advowson of the Churches of Melcombe Nether-Melcombe Clyfton Malank Thorneford Nether-Crompton and Bradford in the County of Dorset And of the Mannors of Horsey and Peignes with the Appurtenances and 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chilton Beugh Stafford Berwick Weston Bondrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a plea of Covenant was summoned between them in the same Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which the said Viscount Richard Rogers Henry shley Thomas Howard George Trenchard John Strange-wayes John Williamâ— Richard Watkings Thomas Muttens Henry Coker Edward St. Kerke John Fitz James and George Gilbert had of the gift of the said John Horsey and those realesed and quit claimed for him and his Heirs to the said Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Strangewayes John Williams Richard Wakâ—ns Thomas Muttens Henry Coker Edward St. Kerke John Fitz-James and George Gilbert and to the Heirs of the said Viscount for ever And further the said John Horsey granted for him and his Heirs that they warrant to the aforesaid Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Stangewayes John VVilliams Richard VVatkins Thomas Muttens Henry Coker Edward St. Kerke John Fiz-James and George Gilbert and to the Heirs of the said Viscount the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowson aforesaid against all men for ever The Tenor of which Fine followeth in these words This is a final Concord made in the Court of the Lady the Queen at the Castle of Hartford in the morrow of All Souls in the yeer of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 24th before Edmond Anderson Kt. Thomas Mead Francis VVindham and VVilliam â—eriam Justices and other of the Queens faithful people then here present Between Henry Viscount Byndon Richard Rogers Kt. Henry Ashley Kt. Thomas Howard Esq George Trenchard Esq John Strangewayes Esq John VVilliams Esq Richard Watkins Esq Thomas Muttens Esq Henry Coker Esq Edward St. Karke Esq John Fiz-James Esq and George Gilbert Esq Plantifs and John Horsey Kt. Deforciant of the Mannors of Clyfton Malanke Thorneford Nether-Compton Bradford Sherborn Wyke Horseys Melcomb otherwise Sturges Melcomb with the appurtenances and of 250. Messuages 100. Tofts 10. Mills 10. Dove houses 3000. Acres of Land 2000. Acres of Meadow 5000. Acres of Furz and Heath and 10. pound Rent with the appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beer-Hacket Sherborn Lillington Nether-Compton Over-Compton Long-Burton Oburne Hayden Vxnelcombe Nether-Melcombe Chaselborne Bucklaud Plashe Mapowder Mylton otherwise Midleton and Helton And of the Rectory of Bradford with the appurtenances as also of the Advowsons of the churches of Melcombe Nether-Melcombe Clyfton Malanke Thorneford Nether-Compton and Bradford in the County of Dorset And of the Mannor of Horsey and Pâ—egnes with the appurtenances And of 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chitton Bough Styford Barwick Weston Baudrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a Plea of Covenant was summoned between them in the said Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Rents with the Appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which he the said Viscount Rich. Hen. Tho. George Joh. Strange-wayes Iohn Williams Rich. Tho. Henry Edward John Fitz James and George have of the guilt of the aforesaid John Horsey and then released and quit claimed from him and his Heirs to the aforesaid Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Williams and George and to the Heirs of the said Viscount for ever And besides the said John Horsey grants for him his Heirs That they warrant to the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Iames and George and to the Heirs of the said Viscount the aforesaid Mannors Rectory Tenements and Rents with the appurtenances
the causes aforesaid should be arrested and delivered into custody And the said Henry George Thomas Moundford John Argent John Taylor and William Bowden further say That afterwards and before the time in which c. that is to say the 24th day of October in the yeer of our Lord 1606. abovesaid The said Thomas Langton President of the College aforesaid at London in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid dyed After whose death and before the time in which c. That is to say the 25th day of October in the yeer of our Lord 1606. abovesaid The said Henry Atkins a diligent man and skilful in the faculty of Physick and one of the Comminalty of the College aforesaid and one of the then 8. Electors of the College aforesaid then being at the College aforesaid within London aforesaid in the Parish and Ward aforesaid was in due manner chosen and into the office of President of the College aforesaid for one whole yeer then next following and then and there held the said Office of President of the College aforesaid And the said Henry Atkins being President of the College aforesaid and the aforesaid George Turner William Dun Thomas Moundford and John Argent being Censors or Governours of the College aforesaid at an Assembly of the College aforesaid holden at the College aforesaid within London aforesaid in the Parish and Ward aforesaid the 7th day of November in the yeer of our Lord 1606. abovesaid before the aforesaid Henry Atkins then President of the College aforesaid and the aforesaid George Turner William Dun Thomas Moundford and John Argent then Censors or Governours of the College aforesaid came the aforesaid Thomas Bonham in his proper person Of which Thomas Bonham when the aforesaid Henry Atkins then President of the College and the aforesaid George Turner VVilliam Dun Thomas Moundford and John Argent then Censors or Governours of the College aforesaid they asked whether he would satisfie to the College aforesaid for his disobedience and contempts aforesaid and again submit himself to be examined and to obey the Judgement of the College aforesaid And the aforesaid Thomas Bonham then and there answered that he before that had within London aforesaid done and practised and then after within Loedoâ— aforesaid would do and practise Physick no leave being asked of the said College and that he would not in any thing to the President and Censors or Governours of the College aforesaid yield obedience And then and there affirming the aforesaid President and Censors or Governours aforesaid to have no authority over those who are made Doctors in the University By which the said Censors or Governours for the offences and disobedience aforesaid Then and there Ordained and Decreed That the aforesaid Thomas Bonham should be sent to Prison there to remain until from thence by the President and Censors or Governours for the College aforesaid for the time being he should be delivered as by the said Letters Patents and the Statutes aforesaid it is Ordained and Established and then and there made their Warrant with the Common Seal of the College or Comminalty sealed And to the Keeper of of the Prison of the Lord the King in the Compter London in the Poultry in the Parish of St. Mildred directed commanded by the said Warrant to the Keeper of the Prison aforesaid That the said Keeper of the Prison aforesaid should receive the Body of the said Thomas Bonham and him in the Prison aforesaid of the said Lord the King there should safely keep without Bail or Main-prise at the proper costs and charges of the aforesaid Thomas Bonham until the aforesaid Thomas Bonham by the command of the President and Censors or Governours aforesaid or their Successors he should be delivered Which Thomas Bonham for his offences and disobedience aforesaid together with the Warrant aforesaid in form aforesaid made the said Henry Atkins then being President of the College aforesaid the aforesaid George Turner William Dun Thomas Moundford and John Taylor then being Censos or Governours of the College aforesaid by virtue of the Letters Patents and Statutes aforesaid and the aforesaid William Bowden and John Taylor as Servants of the said Henry Atkins President and of George William Dun Thomas Moundford and John Argent and by their the said President and 4. Censors or Governours aforesaid Warrant the aforesaid time in which c. to one Richard Ware then Keeper of the said Prison of the Lord the King of the Compter aforesaid at London in the Parish of St. Mildred in the Poultry in the Ward of Cheap aforesaid as to them it was lawful to do Which commitment of the aforesaid Thom. Bonham for the causes aforesaid in form aforesaid done is the same Trespass and Imprisonment whereof the aforesaid Tho. Bonham above complaineth And this they are ready to averr and demand Judgement if the said Thomas Bonham his Action aforesaid against them ought to have c. And the aforesaid Thomas Bonham saith That he for any thing before alleged to have his Action ought not to be barred Because by protestation he saith That he the said Thomas Bonham was not insufficient not was found by the aforesaid President and Censors or Governours of the College aforesaid to practise Physick nor unfitly or insufficiently to the aforesaid President and Censors or Governours of the College aforesaid in the Art of Physick did answer as the 〈◊〉 Henry Atkins George Turner John 〈…〉 dford John Argent John Taâ—lor and William Bowdâ—n above hath alleged For Pleâ— the said Thomas Bonham saith That by the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 8th holden at London aforesaid the aforesaid 5th day of April in the yeer of his Reign the 14th and from thence adjorned to VVestminster in the aforesaid County of Middlesex until the last day of July in the yeer of the Reign of the said King the 15th and there then holden It was further Enacted by Authority of the same Parliament That whereas in the Diocesse out of London it was not then very like always to find men able sufficiently to examine according to the Statute such as should be admitted to exercise Physick in them That no person then after be suffered to exercise Physick through England until the said person should be examined at London by the aforesaid President and three of the aforesaid Electors and should have from the said President and Electors Letters Testimonials of their Approbation and Examination except he should be a Graduate of Oxford or Cambridge who had accomplished all things for his form without any Grace And further the said Thomas Bonham saith That he the said Thomas the second day of July in the year of our Lord 1595 in the University of Cambridge aforesaid took the Degree and Dignity of a Doctor in Physick and then and there that is to say the said second day of July in the
year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid in the County of Cambridge was duly and lawfully ordained and made a Graduate of â—â—e University aforesaid that is to say Doctor in Physick according to the Lawes Statutes Constitutions and ordinances of the said University of Cambridge aforesaid and that he the said Thomas Bonham then and there had accomplished all things concerning his Degree aforesaid by his form without grace from time to time according to the Lawes Statutes Constitutions and Ordinances of the said University of Cambridge aforesaid By colour whereof the same Thomas Bonham a Graduate of the University of Cambridge aforesaid that is to say being Doctor in Physick in the form aforesaid who had accomplished all things concerning his Degree aforesaid for his form without any grace The said faculty of Physick from time to time in the said City of London that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did exercise as it was lawful for him to do until the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden together with c. the aforesaid 10th day of November in the 4th yeer abovesaid with force and Arms him the said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and him there in Prison long that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England did detain as the aforesaid Thomas Bonham above against them complaineth and this he is ready to averr Whereupon in as much as the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden the Trespasse and Imprisonment aforesaid above have acknowledged The said Thomas Bonham demandeth Judgement and his damages by reason of the Trespasse and Imprisonment aforesaid to be adjudged unto him c. And the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden say That the aforesaid Plea of the aforesaid Thomas Bonham above by Replication pleaded is not sufficient in Law to the Action of the aforesaid Thomas Bonham against them the said Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden to maintain and that they to that Plea in manner and form aforesaid by Replication pleaded need not nor by the Law of the Land are bound to answer and this they are ready to averr whereupon they demand Judgement and that the said Thomas Bonham from having his Action aforesaid against them to be barred And the aforesaid Thomas Bonham for as much as he sufficient matter in Law to maintain his Action aforesaid against the said Henry Atkins George Thomas Moundford John Argent John Taylor and William Bowden above hath alleged which he is ready to aver which matter the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden do not deny nor to the same any wayes answer but the same averment altogether to admit do refuse as at first he demands Judgement and his damages by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him c. And because the Justices here will avise themselves of and upon the premises aforesaid whereof the parties have put themselves to the Judgement of the Court aforesaid before that they give their Judgement thereof Day is given to the parties here until in 8. dayes of St. Hillary to hear their Judgement thereof because the Justices here are not yet c. Formedon Michaelmass Term Anno 37. 38. Eliz. Rot. 82. in the COMMON PLEAS Lincoln College Case C. 3. part fol. 53. a. Robert Chamberlain Esq by Apollo Plain his Attorny demandeth against the Warden or Rector and Scholars of the Blessed Lady Mary and All Saints of Lincoln in the University of Oxford the Mannors of Pettesho and Eckney with the appurtenances Except 120. Acres of Pasture in Pettesho aforesaid and 30. Acres of Pasture in Eckney aforesaid which Alured Cornburgh Esq Richard Danvers Esq Nicholas Statham and William Callow gave to Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain begotten And which after the death of the aforesaid Richard and Sibil and of Edward Son and Heir of the said Edward Chamberlain and of Leonard Son and Heir of the said Edward and of Francis Son and Heir of the said Leonard to the aforesaid Robert Son and Heir of the aforesaid Francis ought to descend by the form of the gift aforesaid c. Whereupon he saith That the aforesaid Alured Connâ—burgh Richard Danâ—â—rs Nicholas and William gave the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and to the Heirs Males of the Body of the said Richard Chamberlain begotten in form aforesaid c. By which gift the said Richard and Sibil were seised of the said Mannors with the appurtenances that is to say the said Richard in his Demesn as of Fee and Right and the said Sibil in her Demesn as of Free hold by the form c. in the time of peace in the time of the Lord Ed. late King of England the 4th after the Conquest taking thereof the profits to the yeerly value c. And from him the said Richard the Right descended by the form to one Edward as Son and Heir c. And from him the said Edward the Right descended by the form c. to one Leonard as Son and Heir c. And from him the said Leonard the Right descended by the form c. to one Francis as Son and Heir c. And from the said Fran. Son of the said Leonard the Right descended by the form c. to this Robert who now demandeth as Son and Heir c. And which after the death c. And thereof bringeth Sute c. And the aforesaid Warden or Rector and Scholars by William Pain their Attorny come and defend their Right when c. And say That the aforesaid Robert Chamberlain his Action aforesaid against them ought not to have By protestation taking it That the aforesaid Alured Cornburgh Richard Danvers Nicholas Stathum and William Collow did not give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil Fowler in manner and form as in the Declaration aforesaid is alleged For Plea say That long after the time in which the gift aforesaid is supposed to be made Richard Lyster Gent. Martin Linsey John Cotesford John Clayton William Hogeson and Robert Taylor Clerks were seised of the Mannors aforesaid with th appurtenances in their Demesn as of Fee and so being thereof seised The aforesaid Sibil Great-Grandmother of the said Robert Chamberlain whose Heir the same Robert is The 5th day of May in the yeer of the Reign of the Lord Henry late King of England
the aforesaid Nicholas Evan and Thomas Hartop did not infeoff the foresaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also That the aforesaid Sibil for the better security of the aforesaid Richard Lyster Martin John Cottesford Iohn Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the Appurtenances according to Agreement between them the said Edward Sibil first before the aforesaid Recovery above supposed to be had by her Writing of Release aforesaid did not remise and release to the aforesaid Richard Lyster Martin Iohn Cottesford Iohn Clayton William Hogeson and Robert Taylor as the aforesaid Warden or Rector and Scholars above in their Rejoynder have alleged By Protestation also That the aforesaid Edward Chamberlain at the day of the bringing of the Original Writ of the said Nicholas Evan and Thomas Hartop out of the Court of the Chancery of the aforesaid late King Henry the 8th that is to say the second day of Iune in the yeer of the Reign of the same late King the 4th or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances For Plea The said Robert Chamberlain saith That the aforesaid Pâ—eâ— of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is not sufficient in Law to bar him the said Robert from having his Action aforesaid against the aforesaid Warden or Rector and Scholars aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden or Rector and Scholars as for want of sufficient matter in the said Rejoynder contained And this he is ready to aver wherefore for want of a sufficient Rejoynder of the said Warden or Rector Scholars in this part The said Robert Chamberlain as at first demandeth Judgement seisin of the Mannors aforesaid with the Appurtenances to him to be adjudged c. And the Warden or Rector Scholars in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden or Rector and Scholars above by rejoyning have alleged which they are ready to aver which matter the aforesaid Robert doth not deny nor to the same any wayes Answereth so to admit of the same averment altogether refused as at first demand Judgement And that the aforesaid Robert Chamberlain to have his Action aforesaid be barred And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement because that the said Justices here therof not yet c. At which Day come aswell the aforesaid Robert as the aforesaid Warden or Rector Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of upoÌ„ the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until from the day of Easter in 15. Dayes to hear their Judgment therof because the said Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the said Justices here are thereof not yet At which Day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid and because the Justices here will further avise themselves of upon the Premiseâ— before they give their Judgement thereof further day is given to parties aforesaid here until in 8. dayes of St. Michael to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And upon this the premises being seen and by the Justices here fully understood It seemeth to the same Justices here That the Plea of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is sufficient in Law to barr the said Robert to have his Action aforesaid against the aforesaid Warden or Rector and Scholars Therefore it is granted That the aforesaid Robert take nothing by his Writ aforesaid that he be in Mercy for his false Clamour And that the aforesaid Warden or Rector and Scholars go thereof without Day c. Indictment At the Sessions of Gaol Delivery at Newgate 5 to Decembris in the 8 th Year of King JAMES Machalleys Case Co. 9. part fol. 61. b. AT the Sessions of Gaol Delivery of Newgate holden for the City of London at the Justice Hall in the Old Baily in the Parish of St. Sepulchre without Newgate in the Suburbs of the said City upon Wednesday the 5th day of December in the yeer of the Reign of the Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 8th and of Scotland the 44th Before William Craven Knight Mayor of the City aforesaid Thomas Flemming Knight Chief Justice of the said Lord the King to Pleas before the King himself to be holden assigned George Snigg Knight one of the Barons of the Exchequer of the said Lord the King John Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Thomas Foster Knight one of the Justices of the said Lord the King of the Bench Edward Bromley Knight one of the Barons of the said Lord the King of his Exchequer aforesaid John Sotherton another Baron of his Exchequer aforesaid Henry Mountague Knight Recorder of his said City of London and other of his Companions Justices of the said Loâ—d the King by Letters Patents of the said Lord the King to them and others and to any 4. or more of them thereof made To enquire by the Oaths of good and lawful men of the City London aswel within liberties as without by whom the truth of the matter might best be known of what Treasons soever Misprisions of Treasons Insurrections Rebellions And of whatsoever Murthers Felonies Man slaughters Killings Burglaâ—ies Misdeeds Offences and Injuries whatsoever within the City aforesaid committed in the said Letters Patents specified and to the said Treasons and other the premises according to the Law and Custom of the Kingdom of the Lord the King of England to hear and determine As also Justices of the said Lord the King to Gaol delivery of Prisoners there being assigned by the Oaths of Ralph Edmunds Leonard Harwood John Frost Edward Dames John Lyssant Francis Barton Edward Parnell Thomas Hyet Henry Kent Edward Motley
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
School-Master Usher Members Officer Officers of or for the said Hospital as he the said Thomas Sutton during his life and after his decease the Governours for the time being and their successors or the more part of them shall think meet and convenient nevertheless if the Rents Reversions or Profits of all or any of the Manors Lands Tenements and Hereditataments Goods or Chattels at any time to be granted and conveyed to the said Governours of the said Hospital and their successors for the maintenance of the people in the said Hospital shall happen to increase or to be raised or augmented to a better or greater yeerly valew theu formerly the same was or that the Rents Revenues and Possessions of the said Hospital shall be further increased by the determination of any former estates in any of the said possessions of the said Hospital otherwise that all and every such increase shall be imployed to the mayntenance of more and other poor people to be placed in the said Hospital or to the further augmentation of the allowances of those persons that for the time being shall be in the said Hospital according to the true Intent and meaning of these presents and shall not be converted or imployed to an private use And also we do by the presents for us our Heirs and successors will grant and ordayn that when soever and as often as any of the said places or Rooms of any of the said Master Preacher School-master or Usher Poor men or Children Scholars Members or Officers or any of them shall happen to become void by Death Resignation Deprivation or otherwise that then and so often it shall and may be Lawfull for the said Thomas Sutton during his life and after his death for the said Governours for the time being and their successors or the most part of them within one Month after such avoydance by writing under the Seal of the said Thomas Sutton during his life and after his death by the siad Governours for the time being and their successors under their Common Seal to nominate appoint other meet person and persons in the Rooms place and places of them and every of them so deceasing resigning or otherwise becoming void and if in case the said Governours and their successors for the time being or the most part of them shall not within two Months after such avoidance nominate assigne and appoint as is aforesaid that then and so often and in every such case from and after the death of the said Thomas Sutton it shall be Lawfull for us our Heirs and successors by Letters Patents under the Great Seal of England or Privy Seal to nominate and appoint meet Person and Persons to all and every such Office Rooms Place and Places as shall remain void for the time aforesaid by the default of the said Governours and their successors as is aforesaid And we do further of our special grace certain knowlege and meer motion for us our Heirs and successors give and graunt that the said Master Preacher School-Master Usher Poor Men Children Scholars Members and Officers of the said Hospital and every of them shall be allowed ordered directed visited placed or displaced by the said Thomas Sutton during his life and after his death by the said Governours and their successors and the most part of them according to such allowances Rates Statutes and Ordinanâ—ns as shall be appointed set forth made devised or established by the said Thomas Sutton during his life in writing under his hand and Seal and after his death by the Governours for the time being and their successors or the more part of them under the said Common Seal And further we have given and granted and by these presents do give and grant to the said Thomas Sutton during his life by writing under his hand and Seal and to the said Governours and their successors for the time being or the more pare of them after his decease under the said Common Seal to make set down and appoint such Rates Statutes and Ordinances for the Rule Government and well ordering of the said Hospital and of the Master Preacher School-Master Usher Poor People Children Scholars Members and Officers for the time being and for their and every of their Wages ' Stipends and allowances for and towards their or any of their Mayntenance and Relief as to the said Thomas Sutton during his life and after his decease to the said Governours and their successors for the time being or the more part of them shall seem meet and convenient And that the same Orders Rates Statutes and Ordinances so by him them or any of them to be made set down and prescribed as aforesaid shall be and stand in force and strength in Law to all constructions intents and purposes the same not being repugnant to our Prerogative Royal nor contrary to the Laws and Statutes of this Realm of England nor unto any Ecclesiastical Canons or Constitutions of the Church of England which then shall be in force And that for the better Government of the said Hospital the said Thomas Sutton during his life and after his decease the said Governours for the time being or the most part of them or such and so many of them as the said Thomas Sutton shall by his writing under his hand and Seal thereunto assign appoint and nominate shall and may after the decease of the said Thomas Sutton have full power and Lawfull authority to visit order and punish place or displace the Master Preacher School-Master Usher Poor People Sholars Members and Officers of the said Hospital and every of them and to order reform and redress all and every the disorders misdemeanours offences and abuses in the persons aforesaid and every of them or in the said Hospital or Free-School or in or touching the Government Order and disposal of the same And to censure suspend deprive and displace the said Master Preacher School-Master Usher Poor People Scholars Members and Officers and all and every or any of them as to him the said Thomas Sutton during his life and after his death to the said Governours for the time being and their successors or the more part of them or to such and so many of them as the said Thomas Sutton by his writing under his hand and Seal shall thereunto assigne nominate and appoint as shall to him or them respectively seem fit just and convenient so allwaies that no visiâ—ation act or thing in or touching the same be had made or done by any person or persons during the life of the said Thomas Button other than by the said Thomas Sutton and after his death by the said Governors for the time being and their successors or the more part of them or by such or so many of them as the said Thomas Sutton by his writing under his hand and Seal shall nominate and appoint thereunto And we of our further special grace certain knowledge and meer motion and by our supream
power and authority for us our Heirs and Successors do will ordayn and graunt that the said Hospital and the Master Preacher School-Master Usher Members and Officers and all other the persons to be placed in the said Hospital sball for ever hereafter be excepted and freed of and from all visitation punishment and correction to be had used or exercised in or upon them or any of them by the ordinary of the Diocess for the time being or by any other person or persons whatsoever other than by the said Thomas Sutton during his life and after his decease by the said Governours for the time being and their successors And further know ye that we for the considerations aforesaid of our special grace certain knowledge and meer motion have given and granted and by these presents do give and grant to the said Governours of the Lands possessions and Goods of the Hospital of King James founded in Charterhouse within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire and their successors for ever our special License and free and Lawfull liberty power and authority to get purchase receive and take to them and their successors for ever for the maintainance sustentation and reliefe of all and every the person and persons to be placed in the said Hospital of and from the said Thomas Sutton his Heirs and assigns the said great and large Mansion House commonly called Charter-house besides Smithfield together with all the Houses Buildings Courts Yards Gardens and other Hereditaments lately purchased by the said Thomas Sutton of the said Thomas Earl of Suffolk and all those his Manors and Lordships of Southminster Norton little Hallingbury otherwise Hallingbury Bowchers and Much Stambridge in the County of Essex with all their and every of their Rights Members and Appurtenances whatsoever And also all those Manors and Lordships of Baslingthorp and Dunnesby in the County of Lincoln with their and every of their Rights Members and Appurtenances whatsoever And also of all those his Manors of Salthorpe otherwise Saltrop otherwise Halthrope Chilton and Black-grove in the County of Wilts with their and every of their Rights Members and Appurtenances And also all those his Lands and Pasture grounds called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the said County of VVilts And also all that his Manor of Missenden otherwise called the Manors of Missenden in the Parishes of VVroughton Lydyard and Tregoce in the said County of VVilts with all his Rights Members and Appurtenances And all that his Manor of Elcombe and the Park called Elcombe Park with the Rights Members and Appurtenances in the said County of VVilts And all that his Manor of VVit-lescot otherwise VViglescot otherwise VViglescete with the Appurtenances in the County of Wilts And also all that his Manor VVescote with the Appurtenances in the said County of VVilts And also all those his Lands and Pastures contayning by estimation 100. Acres of Land and 60. Acres of Pasture with the Appurtenances in VVigliscot and VVroughton in the said County of Wilts And all that his Manor of Offcote with the Appurtenances in the said County of Wilts And also all those his two Messuages and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow and 300. Acres of Wood with the Appurtenances in â—rodehinton in the said County of Wilts And also all those the Manors and Lordships of Campes otherwise Campes-Castle otherwise called Castle Campes with the Appurtenances situate lying being extending in the Counties of Cambridge and Essex or in either of them or else where 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 and Appurtenances thereof whatsoever And also all those his Messuages Lands lying and being in the Parishes of Hackney Tottenham in the County of Middlesex or either of them with their and every of their Rights Members and Appurtenances thereof whatsoever which late Messuage was lately purchased of Sir William â—owper Knight and the said Lands in Tottenham are now and late were in the Tenure or Occupation of William â—enning Yeoman And also all and singular the Manors Lordships Messuages Lands Tenements Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of the said Thomas Sutton whatsoever situate lying and being within the said Counties of Essex Lincoln VVilts Cambridge and Middlesex or in any of them with all and every of their Rights Members and appurtenances whatsoever or any such and so many and such part of the said Manors Advowsons Lands Tenements and Hereditaments or any part thereof as the said Thomas Sutton shall seem 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 Commissions Warrants Vouchers Actions Sutes Entries Benefits and Demands as shall and may be had by any person or persons upon or by reason of them or any of them except all his Manors or Lordships of Littlebury Haddestock w th the Appurt in the 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 License or Pardon for Alienation of them or any of them the Statute of Mortmain or any other Act Statute Ordinance of Provision to the contrary notwithstanding And also we do give and grant like License Power and Authority to the said Thomas Sutton his Heirs and Assigns to give grant and assure unto the said Governours and their Successors for the uses intents and purposes aforesaid And all and every the said great large Mansion-House commonly called the Charter-House besides Smithfield together with the Houses Buildings Courts Yards Gardens Orchards Closes and other Hereditaments lately purchased of the said Thomas Earl of Suffolk all those his Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Much Stanbridge in the said County of Essex with all their and every of their Rights Members and Appurtenances whatsosoever And also all those his Manors and Lordships of Bustingthorp otherwise â—â—stingthorp and Dunnesby in the Countyof Lincoln with their and every of their Rights Members and Appurtenances whatsoever And all thâ—â—e his Manors of Salthorp otherwise Saltrop otherwise Haâ—â—horp Chilton â—â—d 〈…〉 grâ—ve in the County of Wilts with their and every oâ— their Rights Members and Appurtenances And also all those his Lands and Pasture Grounds called Blackgrove containing by estimation 200. Acres of Pasture with their Appurtenances in Blackgrove and Wroughton in the said County of Wilts And also all that his Manor of Misenden otherwise called the Manor of Misunden in the Parishes of Wroughton Lidyard and Tregose in the
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