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
and the Advowson aforesaid against all Men for Ever And for this Recognitition release quit claim Warranty Fine and Concord the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry John Fitz-James and George gave to the aforesaid John Horsey 2680. pounds Sterling Which Fine aforesaid in form aforesaid levied and had was levied of the Mannor and Tenements called Over-Melcomb otherwise Horseys-Melcomb otherwise Sturges-Melcomb with the Appurtenances To the use of the said John Horsey and the Heirs males of the body of the said John Horsey lawfully begotten and for default of such issue To the use of Edith now Wife of the said Ralph Horsey for the Term of her life And after the decease of the said Edith To the use of the aforesaid Ralrh Horsey and his heirs males of his body Lawfully begotten and for default of such issue To the use of Iasper Horsey Brother of the said Ralph Horsey and the Heirs males of his body lawfully begotten and for default of such issue to the use of the right Heirs of the aforesaid Iohn Horsey for ever By virtue of which and of the aforesaid Act of Parliament of Transferring of uses into possession made and provided The aforesaid Iohn Horsey was seised of the aforesaid Mannor and Tenements called Over-Melcombe otherwise Horseys-Melcumb otherwise Sturges-Melcomb with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Edith for the Term of her life the remainder thereof to the aforesaid Ralph Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Jasper Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder over to the right Heirs of the said John Horsey for ever And the Jurors aforesaid say upon their Oath aforesaid That afterwards and before the within written time in which c. that is to say the 20th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th The aforesaid Robert Bingham the younger and Ann at Melcumb aforesaid had issue between them lawfully begotten Richard Bingham Son and Heir apparent of the said Rob Bingham the younger And that the aforesaid Robert Bingham and Ann of the said Mannors Lands and Tenements called Wolcomb Binghams so as before is said being so seised the remainder thereof in form aforesaid expectant And the said Robert Bingham the Elder and Jane his Wife so as before is said of the aforesaid Mannor of Nether-melcum otherwise Melcum Bingham with the Appurtenances whereof c. being seised of the Mannor thereof to the aforesaid Robert Bingham the younger and the Heirs of his body upon the body of the said Ann lawfully begotten the remainder thereof to the right Heirs of the said Robert Bingham the elder expectant The said Robert Bingham the younger afterwards and before the time within written in which c. that is to say the 11th day of November in the yeer of the Reign of the said Lady the Queen that now is the 30th at Melcomb aforesaid dyed of such estate of and in the premises as is said seised And the said Ann did survive him and held her self in the Mannor aforesaid and Tenements called Wolcombe Binghams and was thereof sole seised in her Demesn as of freehold for the Term of her life by right of survivor and that after the death of the said Robert Bingham the younge the remaynder of the aforesaid Mannor of Neither Melcum otherwise Melcum Bingham with the appurtenances whereof c. in fee tail descended to the said Richard Bingham as Son and Heir of the body of the said Robert Bingham the Younger upon the body of the said Ann begotten the said Richard Bingham at the time of the death of the aforesaid Robert Bingham the younger his Father being within age that is to say of the age of one yeer and 9. moneths and no more And that the said Ann of the aforesaid Mannor and Tenements called Wolcombe Binghams in form aforesaid being seised And the said Robert Bingham the elder and Jane his Wife of the aforesaid Mannor of Nether-Melcum otherwise Melcombe Binghams with the appurtenances whereof c. in form aforesaid being seised the remainder thereof in form aforesaid expectant The said Ann afterwards and before the within written time in which c. at Melcombe aforesaid took to Husband one John Sroud Esquire And the Jurors aforesaid say upon their Oath aforesaid That at the time of the death of the said Robert Bingham the younger and before the within written time in which c. The aforesaid John Horsey was seised of the said Mannor of Over-Melcum otherwise Horseys-Melcum otherwise Sturges-Melcum with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the Remainder thereof over in form aforesaid expecting And the said John Horsey so thereof being seised one John Popham Knight Chief Justice of the said Lady the Queen of Plea before the Queen her self to be held assigned by the name of John Popham Esquire George Trenchard Esquire and Edward Gorge Esquire before the within written time in which c. that is to say the 26th day of March in the yeer of the said Lady the Queen that now is the 31.th Out of the Court of Chancery of the said Lady the Queen at Westminster in the County of Middlesex then being sued forth a certain Writ of the said Lady the Queen of Entry in the Disseisin in the Post against the said John Horsey then Tenant of the Freehold of the said Mannor of Over Melcum otherwise Sturges-Melcum with the appurtenances of the said Mannor by the name of the Mannor of Horseys-Melcum otherwise Sturges Melcum with the Appurtenances And 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the Appurtenances in Horseys-Melcum otherwise Sturgis-Melcum to the then Sherifs of the aforesaid County of Dorset directed By which Writ the said Lady the Queen that now is to the then Sherif of Dorset commanded that the said then Sherif should command the said John Horsey that justly and without delay he should render to the said Iohn Popham George Trenchard and Edward Gorge the said Mannor of Horseys-Melcum with the appurtenances and 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the appurtenances in Horseys-Melcum otherwise Sturges-Melcum which the said George Popham George Trenchard and Edward Gorge claimed to be their Right and Inheritance And in which the said Iohn Horsey had not entry but after the Disseisin which Hugh Hunt thereof unjustly and without Judgement made to
Messuage and 26 Acres of Land in which c. amongst other in form aforesaid being seised the said Richard before the aforesaid time in which c. at Lugarshall in the said County of Wilts of such his estate dyed thereof seised and the aforesaid Johanna him over-lived and held her self in the aforesaid Messuage and 26 Acres of Land in which c. amongst other and was thereof sole seised in her demesn as of Fee tail in form aforesaid the remainder thereof over as before is said and farther the Jurors aforesaid say upon their Oath that the said Johanna being thereof so seised The aforesaid Anthony Bridges the 4 day of December in the year of the Reign of the said Lady the Queen that now is the 32 th at Walcot aforesaid by his Indenture made between the aforesaid Anthony Bridges Son of the aforesaid Richard and Johanna and Barbara then wife of the said Anthony and one Edward Langford Gentleman by the name of Anthony Bridges of West-Shefford otherwise great Shefford in the County of Berks. Esquire and Barbara his wife and Edward Langford of Lincolnes Inn Gentleman of the one part and one George Brown Knight by the name of George Brown Esquire second Son of the right Honourable Anthony Viscount of the most noble order of the Garter Knight of the other part which other part with the Seals of the said Anthony Bridges Barbara and Edward Langford Sealed bearing date the same day and year to the Jurors aforesaid in evidence shewed it was Covenanted granted condescended unto concluded and fully agreed by and between the said parties to the said Indenture in manner and form following That is to say that the said Anthony Bridges Son of the said Richard Bridges and Johanna and Edward Langford covenanted and granted for them their heirs and assigns to and with the aforesaid George Brown his Heirs and assigns by the same Indenture that they the said Anthony Bridges Son of the aforesaid Richard Bridges and Johanna and Barbara together with the aforesaid Edward Langford before Easter Term then next following would levy and acknowledge before the Justices of the said Lady the Queen of the Bench at Westminster one Fine or diverse Fines with the proclamations according to the course of Fines in the said Court used to the aforesaid George Brown of all that Mannor of Kintbury with all and singular the Rights members and appurtenances in the aforesaid County of Berks. And of all Messuages Lands and Tenements Rents Services Advowsons Patronages Liberties Privileges Profits and Hereditaments with all and singular their appurtenances to the said Mannor belonging or appertayning and also of the aforesaid whole Tenements within specified by the name of Lands Tenements and Hereditaments with the appurtenances called or known by the name of Walcot lying in Swindon within written whereof the aforesaid Messuage and 26 Acres of Lands then were and yet are parcel As also of all messuages Cottages Lands Tenements Rents Services and Hereditaments whatsoever to the same belonging occupied reputed demised or taken as part or parcel thereof by the name of 40 Messuages 20 Tofts 1 Dove-house 30 Gardens 20 Orchards 1000 Acres of Land 300 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 40 shillings of free Rent with the appurtenances in Kintbury Holt Hungerford Walcot and Swindon in the Counties of Berks. and Wilts or by whatsoever number of Acres either sole or together with any other Mannors Lands Tenements and Hereditaments and that the aforesaid Fine or the aforesaid Fines concerning the premises in the said indenture before mentioned and the execution of the Fine or Fines should be and be to the use of the said George Brown and his heirs and assigns for ever to no other use intent or purpose And the said Jurors farther say That in performance and accomplishment of a Covenant and agreement in the said Indenture between the said Anthony Bridges the Son of the said Richard and Johanna Barbara and Edward Langford and the said George Brown in form aforesaid mentioned afterwards and before the aforesaid â—aster Term That is to say in the Term of Saint Hillary in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid a certain Fine was Levied in the Court of the said Lady the Queen at Westminster in the county of Middlesex before Edmund Anderson Francis Windham William Periam and Thomas Walmesly then Justices of the said Lady the Queen and other the Lady the Queens faithfull people then there present between the aforesaid George Brown plaintiff and the aforesaid Anthony Bridges Son of the said Richard and Johanna and Barbara his Wife and Edward Langford Gentleman deforceant of the whole Tenements in the said Indenture specified whereof the said Messuage and 26 Acres of Lands are and at the time of the levying of the said Fine were parcel amongst other by the names of the Mannors of Kintbury and Fally otherwise great Fally with the appurtenances and 60 Messuages 20 Tofts 3 Dovehouses 40 Gardens 50 Orchards 4000 Acres of Lands 300 Acres of Meadow 4000 Acres of Pasture 300 Acres of Wood 1000 Acres of Furz and Heath and 6 pound 13 shillings 4 pence of Rent with the appurtenances in Kintbury Holt Fally otherwise great Fally Hungerford and West Shefford otherwise great Shefford as also of the Rectory of great Fally with the appurtenances and Free Warren and liberty of a Park in West Shefford otherwise great Shefford and also of the Free Fishings Kennet in the County of Berkss And of the Mannor of Baddesden with the appurtenances and 20 Messuages 10 Tofts 12 Gardens 8 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of pasture 200 Acres of Wood 500 Acres of Furz and Heath and 40 shillings Rent with the appurtenances in Baddesden Lugershall Walcot and Swindon 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 Anthony Barbara and Edward acknowledge the said Mannors Tenements Hereditaments Rectorie Warren liberty and Fishing with the appurtenances in the said Fine conteined to be the right of the said George as those which the said George had of the gift of the said Anthony and the same remised and quit claimed from the said Anthony Barbara and Edward and their heirs to the aforesaid George and his heirs for ever And besides the said Anthony and Barbara granted for them and the heirs of the said Anthony that they warrant to the aforesaid George his Heirs and Assigns the aforesaid Mannors Tenementâ— Rents Rectorie Warren and Liberties and Fishing with the appurtenances in the same Fine conteined against the said Edward and his heirs for ever and for this Recognition release quit claym warranty Fine and Concord the said George granted to the aforesaid Edward a certain yearly Rent of 100 pound to be going out of in the aforesaid Mannors
Tenements Rents Rectorie Warren Liberties and Fishing with the appurtenances in the same conteined and the same to him did render in the same Court to have and to hold and perceave the said yearly Rent of 100 pound to the said Edward the whole life of the said Johanna by the name of the Lady Johanna Bridges Mother of the said Anthony at the Feast of the Annunciation of the blessed Mary the Virgin the Nativity of Saint John the Baptist Saint Michael the Archangel and the birth of our Lord by equal portions yearly to be paid the whole life of the said Johanna the first payment whereof to begin at the Feast of the Feasts aforesaid which next after the decease of the said Anthony should happen to be And if it should happen the said yearly Rent of 100 pound or any part thereof to be behind in part or in all after any of the aforesaid Feasts in which as before is said it ought to be paid not paid by the space of 30 dayes That then and so often the said George and his heirs forfeit to the said Edward 4 pound and 15 shillings Nomine paenae as often as the said yearly Rent of 100 pound or any parcel thereof so to be behinde should happen and that then and so often it should be well lawfull to the said Ed. all the life time of the said Johanna into the aforesaid Mannors Tenements Rents Rectorie Warren Liberty and Fishing with the appurtenances in the said Fine conteined and every part and parcel thereof to enter and distreyn and the distressess so here taken and had Lawfully to lead carry away and drive and the same to keep until as wel of the aforesaid yearly Rent of 100 pound with the areaâ—ages thereof if any should be as of the aforesaid 4 pound 15 shillings Nomine Paenae as before is said he should be fully satisfied and paid Also the aforesaid George granted to the aforesaid Anthony and Barbara the aforesaid Mannors of Baddesden and Fally otherwise great Fally with the appurtenances and 20 Messuages 10 Tofts 10 Gardens 6 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 50 shilling Rent with the appurtenances in Baddesden Lugershall Fally otherwise great Fally and West Shefford and the Rectorie of great Fally with the appurtenance and Free Warren and Liberty of a Park in West Shefford otherwise great Shefford aforesaid parcel of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Fine conteyned and then did render in the same Court To have and to hold to the said Anthony and Barbara of the chief Lords of the Fee by the services which to those Mannors Tenements Rents Rectories Warren and Liberty of Park do belong the whole life of the said Anthony and Barbara and to the longest liver of them without impeachment of any waste the whole life of the said Anthony And after the decease of the said Anthony and Barbara the same Mannor Tenements Rents Rectories Warren and Liberties of Park with the appurtenances wholly to return to the said George and his heirs To be holden of the Lords of the Fee by the services which to those Mannors Tenements Rents Rectory Warren and liberty of Park belonging for ever And the aforesaid Jurors further say upon their Oath aforesaid that the said Johanna in the said Messuage and 26 Acres of Land amongst other with the appurtenances in form aforesaid being seised the said Johanna afterwards and before the within written time in which c. the 7th day of October in the year of the Reign of the said Lady the Queen that now is the 32 th at Swindon aforesaid by her certain Indenture of demise between the same Johanna by the name of Jane Harcourt of Lugershall in the County of Wilts Widdow of the one party and Edward Bridges Esquire William Bridges and Anthony Bridges Sons of the sayd Edmond and their assignes of the other party made which Indenture is dated the 21 th day of August in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid aswell for and in Consideration of the surrender of one Indenture of Demise before then granted of all and singular the premises in the said Indenture to the aforesaid Johanna then after demised or to be demised of 19 years and more then to come and not expired which the aforesaid Edmond before that time had and injoyed As of a former Indenture of Demyse at or before the sealing and deliverie of the said Indenture now in Evidence shewed the aforesaid Edward Bridges had surrendred and delivered unto the hands and possession of the said Johanna as for divers other good causes and considerations the same Johanna specially moving Demised granted and to Farm let to the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond the aforesaid Messuage and 26 Acres of Land with the appurtenances amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land amongst other to the aforesaid Edmond William and Anthony Bridges the aforesaid 2 Sons of the said Edmond Bridges for the Term of their natural lives and for the Term of the life of the longest liver and every of them successively to be injoyed Yielding and paying therefore yearly during the said Term to the aforesaid Johanna under by the name of Jane Harcourt her heirs assigns 4 pound and 2 pence of good and Lawfull mony of England at two usual Feasts or Terms of the year that is to say at the Feast of the Annunciation of the blessed Mary the Virgin 40 shillings and 1 penny and at the Feast of Saint Michael the Archangel the like sum of 40 shillings and 1 penny residue of the aforesaid 4 pound 2 pence as by the said indenture of Demise to the said Jurors in Evidence shewed more fully appeared by virtue of which demise the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond were seised of the aforesaid Messuage and 26 Acres of Land within written as the Law requireth And farther the said Jurors say upon their Oath that the aforesaid Messuage 26 Acres within written and the rest of the Tenements in the said Indenture of Demise by the said Johanna under and by the name of Jane Harecourt to the said Edmond William and Anthony Sons of the said Edmond in form aforesaid demised were not usually demised for the greater part of 20 years next before the same demise as before is said made for so little rent as by the aforesaid Indenture thereof now in evidence shewed in form aforesaid was reserved And the aforesaid Jurors farther say upon their Oath that the aforesaid Johanna afterwards and before the time in which c. that is to say the 29th day of September in the year of the Reign of the said Lady the Queen that now
the 18th day of June in the year of the Reign of the said Lady the Queen that now is the 33 th aforesaid at Buck. aforesaid if by the Law of England this they could do enâ—eoffed the aforesaid John Lambert of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances To have and to hold unto the said John Lambert his Heirs and Assigns for ever By colour of which the said John Lambert after and before the aforesaid time in which c. that is to say the said 18 th day of June in the year 33 th aforesaid into the Messuage and 6. Acres of pasture aforesaid parcel c. with the appurtenances entred and was and yet is thereof seised in his demesn as of Fee if the Law thereof requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Lady the Queen that now is as before is said seised in her demesn as of Fee in the right of her Crown of England of and in the aforesaid Messuage and 6. Acres of pasture parcel c. if the Law of England this requireth after and before the time in which c. that is to say the 27 th day of May in the year of her Reign the 34th The said Lady the Queen that now is By her Letters Patents under the Great Seal of England sealed to the Jurors aforesaid in Evidence shewed whose date is at Westminster the same day and year in Consideration of the good true faithful and acceptable Service to the said Lady the Queen that now is before that time by her wel-beloved Cosin Thomas Earl of Ormond and Osory done as for divers other causes and considerations the aforesaid Lady the Queen that now is then specially moving as also at the humble Petition c. of the said Earl of her special grace certain knowledge and meer motion Gave and granted for her her Heirs and Successors to her beloved Subjects Edmond Downing and Roger Rant Gent. the Messuage aforesaid and the aâ—oresaid 6. Acres of pasture with the appurtenances in which c. amongst other By the name of all that her late Chauntry called Bartons Chauntry situate and being in the Parish of St Peter in the Town of Buckingham and all Lands Tenements Rents and Hereditaments whatsoever with their appurtenances whatsoever situate lying and being in the said Town of Buck in the aforesaid County of Buck to the said late Chauntry called Bartons Chauntry belonging or apperteining or to the maintenance of a Chaplain or Priest and other uses superstitious in the Church of Saint Peter aforesaid according to the Ordination of John Barton the Elder before then given bequeathed lye limited or appointed To have hold and enjoy to the said Edmond Downing and Roger Raut their Heirs and Assigns to the only and proper behoof and use of the said Edmond and Roger their Heirs and Assigns for ever Yielding and paying to the said Lady the Queen that now is her Heirs and Successors yearly for ever 13. pound and 12. pence of lawful Money of England to the hands of the Receiver general of the County aforesaid for the time being or at the Receipt of the Exchequer of the said Lady the Queen her Heirs and Successors at the Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions every year to be paid for all Rents exactions services demands whatsoever for the same to the said Lady the Queen and her Successors any wayes to be rendred payed or done And the said Lady the Queen that now is by her said Letters Patents for her her Heirs and Successors granted unto the said Edmond Downing and Roger Rant that the said her Letters Patents or the Enrolment of them should be of force form sufficient and effectuall in the Law against the said Lady the Queen that now is her Heirs and Successors as well in all Courts as elsewhere within her Realm of England without any confirmations licences or tollerations by the aforesaid Lady the Queen that now is her Heirs or Successors in after by the said Edmond and Roger their Heirs or Assigns or by any of them to be procured or obteined Notwithstanding the ill naming or ill reciting or non-reciting the aforesaid several Mannors Rectories Messuages Lands Tenements and other all and singular premises or any parcel thereof And no withstanding the not finding of Office and Inquisition of the premises or of any parcel thereof by which the title of the said Lady the Queen that now is ought to be found before the making of her Letters Patents aforesaid and notwithstanding the not reciting or ill reciting of any demise or grant of the premises or of any parcel thereof before then made being of Record or not of Record And notwithstanding any defects of the certain composition or Declaration of the yearly value of the premises or not Declaration of the yearly value of the premises or any part thereof in the said Letters Patents expressed and conteined and notwithstanding other defects in not naming or ill naming any Tenant Farmor or occupier of the Lands Tenements or Hereditaments aforesaid or any part thereof or not rightly naming any Town Hamlet Parish or County in which the premises or any parcel thereof be and also in not naming the premises or any parcel thereof in nature kinde or quality by colour of which said Letters Patents the aforesaid Edmond Downing and Roger Rant were of the aforesaid Messuages and 6 Acres of Land parcel c. with their appurtenances amongst other seised in their demesn as of Fee if the Law this requireth and so thereof being seised if the Law of England this requireth and the aforesaid John Lambert continuing his possessions thereof and as before is said being seised if the Law of England this requireth the said Edmond Downing and Roger Rant by their certain Indenture made the 28 day of July in the year of the said Lady the Queen that now is the 34 aforesaid Between the aforesaid Edmond Downing and Roger Rant of the one part and one Robert Snelling of East-Horsly in the County of Surrey Gentleman and Thomas butler of Grays Inn in the County of Middlesex Gentleman of the other part for a certain summ of good and lawfull mony of England to them before hand by the aforesaid Robert Snelling and Thomas Butler well and truely paid gave granted sold bargayned and confirmed to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns for ever the Messuage aforesaid and the aforesaid 6. Acres of Pasture parcel c. with the appurtenances amongst other to have and to hold to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns â—or ever as by the Indenture aforesaid inrolled in the close roll of the Chancery of the said Lady the Queen that now is the 10. day of December in the year of the Reign of the said Lady the Queen that
6 Acres of Wood with the appurtenances in Wimondham which John Smith Gentleman to the aforesaid Arthur demised for a Term which is not yet past he entred and him from his Farm aforesaid did Eject and other harms did to him to the great damage of the said Arthur and against the peace of the Lord the King that now is c. and whereupon the said Arthur by Robert Love his Attorny complaineth that whereas the aforesaid John the 19 th day of October in the year of the Reign of the Lord the King that now is the 8 th at Wimondham had demised to the said Arthur the Tenements aforesaid with the appurtenances to have and to hold to the said Arthur his Executors and Administrators from the Feast of Saint Michael the Archangel then last past for and during the Term of 3 years from thence next following to be compleat and ended by virtu of which demise the said Arthur into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Edward afterwards that is to say the 10 th day of April in the year of the Reign of the said Lord the King that now is of England the 9 th with force and armes c. the Tenements aforesaid with the appurtenances which the aforesaid John to the said Arthur in form aforesaid demised for the aforesaid Term which is not yet past entred and him from his Farm aforesaid did Eject and other harms c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound And therof he bringeth sute c. And the said Edward by Thomas Blofield his Attorny cometh and defendeth the force and injury when c. And saith he is not guilty of the Trespasse and Ejectment aforesaid as the said Arthur against him complaineth and of this puts himself upon the Country And the aforesaid Arthur likewise Therefore it is commanded to the Sherif that he cause to come here from the day of Holy Trinity in three Weeks 12. by whom c. And who neither c. Because aswell c. At which day the Jurors between the parties aforesaid of the Plea aforesaid put was between them in respite here until this day that is to say in 8 dayes of St. Michael then next following unless The Justices of the Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Monday the 15 th day of July next At the Castle of Norwich in the County aforesaid first should come And now at this day cometh as well the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. send here their Record in these words Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assizes in the County aforesaid to be holden assigned by form of the Statute c. came aswell the within named Arthur as the within written Edward Cockle by their Attornies within written And the Jurors of the Jury whereof within is made mention being called likewise came whereof 12. that is to say Robert Seaman Adam Bale Bartholmew Harison Thomas Reynolds William Bidwel Henry Howlet Thomas Crooke Richard Russel Thomas Filney Iohn Freeman John Jewel and Edmond Johnson in the Jury aforesaid are sworn After which one of the Jurors aforesaid that is to say Robert Seaman with the assent of both parties aforesaid and by the Command of the Justices aforesaid from the Pannel aforesaid was utterly drawn c. Therefore with the assent of the parties aforesaid the Jury aforesaid was further put in respite here until in 8. dayes of St. Hillary Therefore that the Sherif have the Bodies c. And appoint Decem Tales At which day here cometh aswell the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the Sherif now sendeth That as to the distreyning of Bartholmew Stone that the Writ was so late delivered to him that for the shortnesse of the time he could not execute it but as to the putting of the Decem Tales whereof in the said Writ was made mention the said Sherif now sendeth That execution thereof doth appear in a Schedule to the said Writ annexed in which Schedule is contained the Pannel of the names of Ten Jurors whereof none c. Therefore the Jury aforesaid again is put in respite here until from Easter-day in 15. dayes unless the Justices of the King To the Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Wednesday in the first Week of Lent at Thetford in the County aforesaid first shall come for default of Jurors c. Therefore that the Sherif distrein the Jurors aforesaid by all their Lands c. And that the issues c. So that they be here unless c. to make the Jury aforesaid c. Norff. ss Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the statute c. cometh aswell the within named Arthur Legat as the within written Edward Cockle by their Attornies within contained And the Jurors of the Jury aforesaid whereof within is made mention being called likewise come who to say the truth of the within contained chosen tryed and sworn say upon their Oath That the late King and Queen Philip and Mary the 9 th day of July in the yeer of the Reigns of the same King and Queen Philip and Mary the 4th and 6th were seised of and in the Mannor of VVimondamâ— in the County aforesaid in their Demesn as of Fee in the Right of hâ—s Crown of England whereof the Lands and Tenements in the Declaration within written then were parcel and the aforesaid late King and Queen Philip and Mary so as before is said of and in the Mannor aforesaid whereof c. being seised The said King and Queen the said 9th day of July in the yeer of the Reigns of the said late King and Queen Philip and Mary the 4th and 6th made their Letters Patents under the great Seal of Eng. to one George Howard Kt. of the aforesaid Lands and Tenements in the Declaration within written named amongst other By the names of 2 pieces of Lands called Nettlehamsted VVikemans containing by estimation 15. Acres lying and VVyndmondham aforesaid in the County aforesaid then or late in the tenure or occupation of Joh. Coleman late to the Monastery of VVyndmondham sometimes belonging and appertaining parcel of the
is to say to him and the Heirs Males of his Body issuing the Reversion thereof to the aforesaid Countess sometimes Wife of the aforesaid Richard Earl of Warwick and the Heirs of the said Countess expectant And the said late King so thereof being seized and the Reveâ—sion thereof to the said Countess in form aforesaid expectant The said Countess afterwards and before the time aforesaid in which c. At Abbotâ—sley othewise Abberly in the aforesaid County of Worcester dyed so as before is said of the Reversion aforesaid seized After whose death the Reversion aforesaid with the appurtenances descended to one Edward Earl of Warwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter of the said Countess By which the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and Right And the said Edward Earl of Warwick so thereof being seized By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th Day of January in the Yeer of his Reign the 19th amongst other things It was Enacted by him the said late King by the assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by the Authority thereof That whereas Peter Warbeck with others of the aforesaid late Kings Rebellious Enemies and Traytors in a great multitude and number to him associated entred and arrived in this Kingdom in a certain place called VVhitessonbay in the Parish of St. Bercie in the County of Cornwall the 7th day of September in the Yeer of the Reign of the said late King the 13th and levied Warr against the aforesaid late King Notwithstanding the aforesaid Peter in his Journey and issue to the said false and malicious purpose was overthrown and was taken and by the same late King committed to the Prison of the Tower of London where and in which place the aforesaid Edward Earl of Warwick confederated with the aforesaid Peter imagining and intending falsely and trayterously the death and destruction of the said late King and the overthrowing of this Kingdom of England intending to make the aforesaid Peter King of the same Kingdom by divers devises amongst them conceived and inspired endeavoured with divers his Adherents speedily by diverse false Messages and Notes to set him at liberty and at large to the intent to Execute his false and Trayterous purpose to aid and assist him to his utmost endeavour for which the aforesaid Edward Earl of VVarwick by due course of Law of the said late King out of his own Confession was convicted and attainted of High Treason as his deserts in that behalf required That the said Earl for his offences aforesaid by Authority of Parliament aforesaid should be convicted adjudged and attainted of High Treason And that he should forfeit to the aforesaid late King and his Heirs All his Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other to his use was seized or possessed of the day of the Treason either committed or done or at any time after within the Kingdom of England Ireland VVales Calice or the Counties thereof in Fee simple Fee tail for Term of life or lives Or in which the said Earl then or at any time after had lawful cause of Entry within England Ireland Wales Calis or the Counties of them And further that the aforesaid Edward Earl of VVarwick should forfeit to the said late King and his Heirs All Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Lands Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other person seized to his use or was possessed of the second day of August in the Yeer of the Reign of the aforesaid late King the 14th or at any time then after as by the said Act amongst other things more fully appeareth And the said Richard saith That the aforesaid Edward Earl of VVarwick Cousin and Heir of the said Ann Countess of VVarwick in the Fine aforesaid named and the aforesaid Edward Earl of VVarwick in form aforesaid attainted and in the Act aforesaid named are one and the same person and not other or diverse By colour of which Conviction and Attainder and by force of the aforesaid Act of Parliament The aforesaid late King Henry the 7th was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and of Right in the Right of his Crown of England And so thereof being seized and of the Mannor aforesaid with the appurtenances in his Demesn as of Fee tail in form aforesaid being seized The said late Lord the King afterwards and before the aforesaid time in which c. At VVestminster aforesaid dyed of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion aforesaid in form aforesaid seized After whose death the Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid discended to the Lord Henry late King of England the 8th as Son and Heir of the aforesaid late King Henry the 7th By which the said late King Henry the 8th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and of the Reversion of the said Mannor with the appurtenaÌ„ces as of fee right And the said late King Hen. the 8th so being thereof seized By a certain Inquisition taken at the Castle â—â— VVorcester in the aforesaid County of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King the same County by virtue of his Office by the Oathes of Richard Frier Gent. Richard â—helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh Edward Enolt Henry Dison Roger â—bud Henry VVoodward John Porter of Claynes John Brodford VValter Solli Roger Aldern of Martley and Richard VValter taken It was found amongst other things That the aforesaid Ann Countess of VVarwick in the Fine aforesaid named was seized of the Mannor aforesaid with the appurtenances whereof c. in her Demesn as of Fee and that she being thereof so seized the Fine aforesaid in form aforesaid was levied By which the aforesaid King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his Demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing And that the said Countess was seised of the Reversion of the said Mannor as of Fee and
after was Servant of the said late King Henry the 8th and one of the Grooms of the Privy Chamber of the said late King and many good laborious and laudable Services to the said late King Henry the 8th before the making of the said Letters Patents did and performed and that he said VValter the aforesaid other Letters Patents of the aforesaid Mannor of Grafton Fleuard and the said VValter and Elizabeth the aforesaid other Letters Patents of the said Mannor of Charleton with their several members and appurtenances in form aforesaid made to the said late King Henry the 8th before the making of the said other Letters Patents to them in form aforesaid made and here in Court shewed forth in his Chancery aforesaid at VVestminster aforesaid had surrendred and procured to be cancelled as in the said Letters Patents here in Court shewed forth it is alleged and testified By virtue of which Letters Patents here in Court shewed forth The said VValter and Elizabeth were seized of the said Mannor of Abottesly with the appurtenances whereof c. amongst other that is to say The said VValter in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Elizabeth in her demesn as of Free hold for the Term of her Life and the said VValter and Elizabeth so being thereof seized the said Elizabeth afterwards and before the time in which c. at Abottesly aforesaid dyed And the aforesaid VValter over-lived her and held himself in the aforesaid Mannor of Abottesly with the appurtenances whereof c. and was thereof seized in his demesn of Fee tail in form aforesaid by right of Survivour And the said VValter so thereof being seized By an Act of Parliament of the same late King Henry the 8th at VVestminster aforesaid the 8th day of July in the yeer of his Reign the 28th holden made reciting by the said Act Whereas the aforesaid Ann Countess of VVarwick in the Fine aforesaid above named in the yeer of the Reign of the late King Henry the 7th the â—â—ihrd by Fine then levied before the Justices of the King of Common-Pleas at VVestminster had given granted unto the said late King Henry the 7th amongst other things The Lordship and Mannor of Abottesly with the appurtenances in the County of VVorcester To have to the said King and the Heirs Males of his Body issuing as by the same Fine remaining on Record amongst other things it more fully appeared By virtue of which the said late King was seized of the said Mannor with the appurtenances in his demesn as of Fee tail and so thereof being seized The said Countess dyed After whose death the Reversion of the said Mannor with the appurtenances in Fee simple did descend and come to Edward late Earl of Warwick which Reversion and Fee simple of the said Mannor amongst other Castles Honours Mannors Lands Tenements and Hereditaments then after escheated and came into the Hand and possession of the aforesad late King Henry the 7th and his Heirs by the Attainder of High Treason of the said Edward Earl of Warwick as by the Record therefore more fully appeareth And the aforesaid late King Henry the 7th so thereof being seized dyed After whose death the same Castles honours manors lands tenements and Hereditaments and other the premises in the Fine aforesaid contained amongst other Lands Manors Tenements and Hereditaments descended came to the said late K. Hen. the 8th as Son Heir of the aforesaid late K. Hen. the 7th by due course of Inheritance By virtue wherof the said late K. Henry the 8th had been and was then thereof seised And because the aforesaid Castles Manors Lordships Lands Tenements and other the premises were of great value and had many great and ample Liberties Preheminences Commodities â—â—d delights to the same belonging Therefore then and there It was Enacted by Authority of the same Parliament That the aforesaid late King Henry the 8th his Heirs and Successors from hence after should have hold and injoy for ever all and singular the aforesaid Castles Mannors Tenements Lands and Hereditaments with the Appurtenances and all and singular the premises and that the said Castles Manors Tenements Lands and Hereditaments with the Appurtenannances and all and singular other the premises by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple for ever without the aforesaid or any other thing or things before then had made or used or to be allowed to the contrary in any thing notwithstanding as by the same Act more fully appeareth Saving alwayes to all and singular person and persons Bodies politique and corporate their Heirs and Successors and to the Heirs and Successors of every of them other than the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earle of Warwick Father of the late Countesse all such Rights Titles Uses Interests terms of years Demise Demises Rents Fees Annuities Possessions Reversion Remainder Distresses Entries Actions Grants Offices Commons Commodities Liberties Profits Sutes in such manner form conditions as they or any of them their heirs successors or the heirs or succes of any of them had could might or ought to have had if the Act aforesaid never had bin made any thing in the said Act of Parliament to the contrary notwithstanding as by the said Act amongst other things it more fully appeareth By colour of which Act the Reversion aforesaid to the aforesaid Manor of Abbottesley otherwise Abberley and the Manor aforesaid in Reversion after the Estate and Interest of the aforesaid Walter Walsh and Elizabeth his wife so as before is said granted to the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple did belong according to the form and effect of the Act aforesaid By which the said late King Henry the 8th was seised of that reversion as of Fee and right and the said late King so being thereof seised and the said Walter of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. in form aforesaid being seised The aforesaid Walter at Abbottesley aforesaid before the aforesaid time in which c. died of such his Estate so seised After whose decease The said Manor with the Appurtenances whereof c. descended to one Walter Walsh his Son as Son and Heir Male of the body of the same Walter Walsh his Father Issuing By which the said Walter Walsh the Son after and before the time in which c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and the aforesaid late King Henry the 8 th was seised of the Reversion thereof as of Fee and Right and so thereof being seised The said late King afterwards and before the time in which c. at
of her Exchequer Greeting Because in the Record and process and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the yeers of our Reign the 37th By Bil between us and Richard Bushopp of certain trespasses and intrusions in certain of our Woods with the appurtenances called Alton otherwise Aluington Woods conteyning by estimation 3000 Acres of Wood manifest Error hath entervened to our great damage And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor at Westminster and in the year of his Reign the 31th holden made amongst other things It is agreed and established that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer The Chancellor and Tresurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer and taking to them the Justices and such like sages as to them shall seem fit to be taken They cause to be called before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and the business thereupon to be duly examined And if any Error was found the same to be corrected and the Rolls to be amended and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth as in the said Statute it is conteyned We therefore willing Errors if any such were according to the form of the statute aforesaid to be corrected and speedy Justice to be done in that behalf Command you that if Judgement thereof be given then the Record and process aforesaid with alll things concerning the same before our beloved faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 21th day of the moneth of April you cause to come And to the same Keeper of our great Seal and you the aforesaid Tresurer the Record being seen and examined and the process aforesaid and your informations being heard and you the aforesaid Barons further in this part with the Councel of the Justices and other sages aforesaid Cause to be done what of right and according to the form of the Statute was to be done Witnesse my self at Westminster the 11th day of April in the yeer of our Reign the 39th Symons At the said 29th day of the said Moneth of April the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England and VVilliam Lord Burghley Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber next to the Exchequer aforesaid called the Councel Chamber and at the said day and place came before the Lord Keeper of the great Seal and the Lord Tresurer the aforesaid Atorney General of the Lady the Queen and for the said Lady the Queen said that in the Record and process aforesaid and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversly Erred that is to say that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose that the aforesaid late King Henry the 7th was seised of the reversion of the manor aforesaid with the appurtenances whereof c. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of VVarwick and by the force of the aforesaid Act of Parliament in the yeer of the Reign of the said late King the 19th in the Barr aforesaid mentioned by which Act it was enacted that the aforesaid Edward late Earl shâ—uld forfeit to the said late King all his Mannors Lands Tenements and Hereditaments whereas the aforesaid late King by vertue of the Attainder and Act of Parliament aforesaid as before is said made could not be seised of the Reversion aforesaid before inquisition thereof taken and of record remaining by which it should be sound that the aforesaid Earl at the time of the treason aforesaid by him committed or ever after was seised of the said Reversion as of Fee and right and in this that the aforesaid Richard doth suppose that the aforesaid late King Henry the 7th dyed seised of that Reversion and that the said Reversion descended to the aforesaid late King Henry the 8th as Son and Heir of the aforesaid late King Henry the 7th Whereas in fact the said Reversion did not descend to the said late King Henry the 8th nor by the Lawes of this Kingdom could descend before the Inquisition thereof for the aforesaid late King Henry the 7th thereof to be found and of Record to remain And in this that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King in the said County by virtâ—e of his office It was found that the aforesaid Edward late Earl of VVarwick was seised of the Reversion of the Manor aforesaid as of Fee and Right and so thereof being seised the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the 19th yeer of his Reign aforesaid was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid the late King Henry the 7th was seised of the Reversion aforesaid as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining more fully appeareth Whereas every Inquisition taken upon whatsoever Attainder of High-Treason taken before the Escheator by virtue of his Office ought to be retorned into the Court of the Kings Exchequer and there ought to be filed and not in the Court of Chancery And if in the Court of Exchequer retorned and there of Record it be not filed then the said Inquisition is void and of no force in Law And in this That whereas the aforesaid Richard Bushopp supposeth That the aforesaid late King Henry the 8th the 3d. day of November in the yeer of his Reign the 23th by his Letters Patents under his great Seal of England sealed bearing date the same day and yeer reciting That whereas the said late King the 12th day of October in the 12th yeer of his Reign had given and granted to the abovesaid Walter Walshe the Mannor of Grafton Fleuard with the appurtenances for the Term of the life of the said VValter and whereas the same late King the 6th day of December in the yeer of his Reign the 21th by other his Letters
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
appurtenances as before is said being seised dyed thereof so seised And farther by the same Inquisition it is found that the Manor of Yoke otherwise Yokes Court aforesaid the appurtenances in Lenham and Frensted in the said County of Kent at the time of the taking of the Inquisition aforesaid and at the time of the death of the aforesaid Thomas Digges were holden of Warham St-leger Knight as of his Castle of Leeds by the half of a Knights Fee and were worth by the yeer in all reprofits above reprises 5 pound 14 shillings And that the Manor of Fokeham and other the premises to the said Manor belonging in Framsted and Lenham at the sayd time of the taking of the said Inquisition and at the time of the death of the said Thomas Digges of whom or by what services the Jurors of the same Inquisition were altogether ignorant and they were worth by the yeer in all the profits above reprises 7 pound And that the aforesaid Manor of Outlemestone and other the aforesaid premises whatsoever with the appurtenances to the said Manor belonging and appertaining at the time of the taking of the said Inquisition aforesaid and at the time of the death of the said Thomas Digges were worth by the yeer in all the profits above reprises 20 pound and that the said Land called Eastendown and Beacondown in Burham and Kingstone aforesaid were holden of the Arch Bishop of Canterbury in the right of his Bishoprick aforesaid but by what services the aforesaid Jurors are altogether ignorant and they were worth by the yeer above reprizes 3 pound 6 shillings 8 pence and that the aforesaid Lands called the Haute and Reed late percel of the aforesaid Manor of Bishopsborne and purchased by the aforesaid Christopher Digges of the aforesaid William Awcher Esquire were holden of the said Lady the Queen in Capite by Knights service that is to say by particular according to the rate and quantity of the said Manor of Bishopsborn and that the said Lands and Pasture called Throughly Close and Tylers in Barham aforesaid late purchased by the aforesaid Christopher Digges by way of Exchange of William Boyes of who or whom or by what services they were holden the Jurors aforesaid are altogether ignorant and that the aforesaid Land and Woods called Haute and Reed and the aforesaid Land Wood and Pasture purchased of the aforesaid William Boyes were worth by the yeer above reprises 4 pound And that the aforesaid 2 Acres of Land in Wemings Woold aforesaid were holden of who or whom or by what services the aforesaid Jurors were altoge-Ignorant and they were worth by the yeer above reprises 2 shillings and that the said Thomas Digges had not nor had more or other Lands and Tenements in the said County of Kent in demesn or service of us nor of any other the aforesaid dayin which he dyed and that the aforesaid Tho. Digges dyed the 10th day of April in the yeer of our Reign the 32th leaving the said Margaret his wife w th child with Tho. Posthumus Digges And that the said Thomas Posthumus Diggs born the second day of July in the 32 year aforesaid was Son and Heir of the said Thomas Digges and that the said Thomas Posthumus Digges the Son at the time of the taking of the Inquisition aforesaid was of the age of 2 yeers 9 weeks and 6 dayes as by the Inquisition aforesaid in our Chancery retorned and in the Files there remaining of Record it more fully appeareth And whereas afterwards that is to say the 23th day of January in the Term of Saint Hillary in the yeer of our Reign the 39th before us in our Chancery aforesaid at Westminster aforesaid then being came Christopher Digges and Edward Digges Sons of the said Christopher Digges in the Inquisition aforesaid named and prayed the hearing of the Inquisition aforesaid which was read unto them which being read and heard and by them fully understood the said Christopher and Edward complained them by colour of the said Inquisition aforesaid to be grieved and molested and that they from the possession of the said Lands and Tenements with the appurtenances to the said lands called Eastendown and of two parts of so much of the demesn and of the said Manor of Owtelmestone with the appurtenances to the said Lands called Eastendown adjoyning in 4 parts to be divided as with the aforesaid Lands called Eastendown extend to the third part of all the Mannors Lands and Tenements whereof the aforesaid Christopher the Father dyed seised for the part of the aforesaid Christopher and Edward of the premises aforesaid to be expelled and amoved and that they from the possession thereof and of every parcel thereof by colour of the said Inquisition to be held out and that unjustly by cause they take it by Protestation That the Inquisition aforesaid and the matter in the same contained was insufficient in Law to which they needed not nor by the Law of the Land were holden any waies to Answer And shewing of their Right in that behalf The said Christopher and Edward said That the aforesaid Christopher Digges Father of them the said Thomas Christopher and Edward was in his life time seized in his Demesn as of Fee of and in the aforesaid Mannor of Owtelmeston in Barham in the County aforesaid and of all and singular the Rights Members parcel and appurtenaces whatsoever containing 200 Acres of Land Meadow Pasture and Wood And also was seized of and in the aforesaid Mannor of Yoke and Fockham lying and being in the Parish of Lenham Frensted and Harrisham with his Rights Members and Appurtenances whatsoever containing 800. Acres of Land Meadow Pasture and Wood And of and in the Mannor of Marton lying and being in the Parishes of Sturrey Hackington and Saint Stephen in the said County containing by estimation 40. Acres of Land Pasture Meadow and Wood And of diverse Gardens in the City of Canterbury containing half an Acre of Land And of and in the Mannor of Netherherds with the Appurtenances in the County aforesaid containing 200. Acres of Land And also of a certain peece of Land called Eastendown lying and being in Barham aforesaid containing by Estimation 110. Acres And of another peece or parcel of Land called Haute and Reed lying and being in the Parish of Barham aforesaid containing 61. Acres and a half and in another peece of Land lying in Barham aforesaid late as before is said purchased by Exchange of the aforesaid William Boyes containing 40. Acres of Lands which said Mannors Lands and Tenements and other the premises amount in the whole to 2500. Acres of Lands and the said Christopher Digges the Father of the Tenements aforesaid with the appurtenances in form aforesaid being seized The first day of February in the yeer of our Reign the 19th made his Testament and last Will in Writing and by the said Testament and last Will declared and limitted as to the disposition of the third part of all
and singlar the premises whereof the aforesaid Christopher Digges the Father was before seized due to us or to any other for Wardship Primer-seisin Livery or any other manner That his last Will and meaning was to leave that there might descend all those his Lands and Tenements called and known by the name of Eastendown containing 110. Acres of Lands and all those Lands and Tenements and Heditaments which the aforesaid Christopher Digges the Father had by descent after the death of Thomas Digges of Newington neer Sittingâ—orn Esquire then deseased And if the Lands and Tenements as above is said left to descend should not be sufficient to satisfie to us for the 3d. part was due to us then his Will meaning was That so much of the other of his Lands next adjoyning to Eastendown aforesaid should descend and should be to his said Son Thomas Digges as should be sufficient to satisfie and fulfil to us the third part And by the said his Testament expresly gave and bequeathed the other two parts of the aforesaid Mannors Lands and Tenements and other the premises before mentioned with their appurtenances whatsoever to the use of the payment of his Debts and maintainance of Martha Digges then his Wife And that afterwards the said Christopher Digges of all and singular the premises aforesaid as is before said being seized the 14th day of the moneth of March in the yeer 1566. dyed leaving after him issue Five Sons then living in full life being that is to say the said Thomas Digges in the said Commission named and the aforesaid Christopher Edward Reginald and John Digges which said John dyed in the life of him the said Thomas without issue And that the said Christopher and Edward for further shewing of their Right in the premises said and are ready to aver That the aforesaid Christopher their farther ever in his time had held or enjoyed any of the Lands and Tenements by descent of Inheritance of the said Thomas Digges of Newington aforesaid By which the third part of the said Lands and Tenements of him the said Christopher be limitted and appointed to descend to satisfie us for the Wardship of the Heir of the said Christopher according to the intent of the same Testament and last Will remained to be made and taken out of the aforesaid Lands called Eastendown and of other the Lands and Tenements of the same Christopher to the said Lands called Eastendown next adjoyning And further the said Christopher and Edward Sons of the aforesaid Christopher in Facto said That the demesn Lands of the said Mannor of Outelmeston at the time of the death of the said Christopher the Father were next adjoyning to the aforesaid Lands called Eastendown And that the aforesaid Christopher Digges the Father at the time of his death had not any Lands or Tenements next situate and adjoyning to the said Lands called Eastendown than the demesn Lands of the Mannor of Outelmeston with their Rights and Members By which the third part by the aforesaid Testament and last Will left to descend ought to be taken out of the aforesaid Lands called Eastendown and of the demesn Lands of the said Mannor of Outelmeston aforesaid called Eastendown next adjoyning And also said That the aforesaid Mannors Lands and Tenements whereof the aforesaid Christopher dyed seized contained in them 2500. Acres of Lands And that the third part of the 2500. Acres of Lands is 833. Acres of Lands by which to make the Lands called Eastendown a full third part of all the Mannors and Tenements whereof the said â—hristopher Digges dyed seized ought to be taken out of the demesn Lands of the said Mannor of Outlemeston next adjoyning to the said Lands called Eastendown 733. Acres Which third part of the Mannors and Lands aforesaid after the death of the said â—hristopher Digges Father of the said Thomas Christopher Edward Reginald and John as Sons of the said Christopher descended and of Right ought to descend And that the aforesaid Lands called Eastendown as also the aforesaid demesn Lands of the aforesaid Mannor of Outlemeston are and time whereof the Memory of Man is not to the contrary are and were of the Tenure and nature of Gavelkind and for all that time parted and partable between Heirs Males By which the said Thomas Christopher Edward Reginald and John into the aforesaid Lands called Eastendown and so much of the aforesaid demesn Lands of the aforesaid MaÌ„nor of Outelmeston aforesaid called Eastendown next adjoyning as with the aforesaid Lands called Eastendown amounted to the third part of all the aforesaid MaÌ„nors Lands TenemeÌ„ts whereof the said Christ-Digges aforesaid dyed seized entred and were thereof seized in their demesn as of Fee in Copercenery And so thereof being seised The said John Digges dyed without issue of his body of his purpart thereof seised after whose death the aforesaid Thom. Christopher Edward Reginald were seised of the aforesaid Lands called Eastendown and of so much of the demesn Lands of the aforesaid Manor of Owtelmestone aforesaid called Estendown next adjoyning as with the aforesaid Lands called Eastendown did amount to the third part of all the aforesaid Manor Lands and Tenements whereof the aforesaid Christopher dyed seised and were thereof seised in their demesn as of Fee in Copercenerie they being thereof so seised the aforesaid Thomas Digges dyed thereof seised and further the said Christopher and Edward said that afterwards the aforesaid Thomas Digges in the aforesaid Commission named so thereof as is said of his purpart of the premises being seised dyed thereof seised after whose death the said Christopher and Edward together with the aforesaid Reginald into the aforesaid Lands and Tenements being as before is said of the nature and tenure of Gavelkind entred and were by virtue of the said Custome of Gavelkind thereof Lawfully seised in Copercenerie as of their purparts until after the birth of thesaid Thomas Posthumus Digges and by Colour of the Inquisition aforesaid the aforesaid Lands called Eastendown and the aforesaid Manor of Owtelmestone amongst other things were totally and wholly seised into our hands And the aforesaid Christopher and Edward utterly thereof and of their aforesaid purparts thereof to them as before is said due and belonging they were amoved and expelled unjustlie with this that the said Christopher and Edward will averr that the aforesaid Manor of Owtelmestone and the aforesaid Lands called Eastendown in the aforesaid last Will of the aforesaid Christopher the father mentioned and left to descend as afore is said are the same Lands called Eastendown and the said Manor of Owtelmestone in the Inquisition aforesaid mentioned whereof the said Christopher and Edward demand Judgment and that our hands from the two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Owtelmestone next adjoyning to the aforesaid Lands called Easten as do amount to the third part of the aforesaid Manors and Lands whereof the aforesaid Christopher the father dyed seised in
3 parts to be divided that is to say of 416 Acres of Lands which to them for their purpart by the death of the aforesaid Christopher Digges their Father by the Custom aforesaid thereof to them due and belonging are and to them of right descended and ought to descend be amoved and that they to their said purparts of the premises together with the Issues and profits thereof and of every parcel thereof from the time of the taking of the Inquisition aforesaid and in the mean time received be restored c. And wheras we by our letters Patents under our Great Seal of England bearing date at Westminster the 7th day of September in the yeer of our Reign the 38th have committed to Margaret Digges the late Wife of the aforesaid Thomas Digges and now the Wife of Thomas Palmer Esquire the Wardshipp of the body and the Mariage of the said Thomas Posthumus Digges To have enjoy and possess the wardshipp and Mariage of the said Thomas Posthumus Digges to the said Margaret her Executors and assigns until the said Margaret her Executors and assigns the effect of the Mariage of the said Thomas Posthumus Digges receive or have or should receive or have By virtue of which the said Thomas Palmer and Margaret as in the right of the said Margaret are of the Wardship aforesaid possessed and because it seemeth expedient to us that the said Thomas Palmer and Margaret be warned before it be further proceeded in the said plea We command you by good and Lawfull men of your Bayliwick you warn the aforesaid Thomas Palmer and Margaret that they be here before us in our said Chancery in 16 dayes of Easter next following wheresoever it then shall be to Inform us and our Council wherefore our hands from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the said Manor of Owtelmestone next adjoyning to the aforesaid Lands called Eastendown as should amount to the third part of the aforesaid Manors Lands and Tenements whereof the aforesaid Christopher Digges the Father dyed seised in 4 parts to be divided that is to say of 416 Acres of Land which to the aforesaid Christopher and Edward for their purpart after the death of the Christopher their Father according to the Custom aforesaid thereof to the aforesaid Christopher and Edward are due and belonging and which to them of right descended and ought to descend be amoved and that the said Christopher and Edward to the said purparts of the said premises together with the Issues and profits thereof and each parcel thereof from the time of the taking of the Inquisition aforesaid in the mean time received ought not to be restored according to the said plea and petition of the said Christopher and Edward and farther to do and receive which our Court shall consider in this behalf Witness my self at Westminster the 23th day of January in the yeer of our Reign the 40th And have here the names of them by whom you gave warning and this writ And now at this day that is to say the aforesaid 15. dayes of Easter before the Lady the Queen in her Chancery here that is to say at Westminster aforesaid come the aforesaid Christopher Digges the Son and Edward Digges by John Rotherham their Attorny of themselves the 4th day against the said Thomas Palmer and Margaret of the Plea aforesaid and George More Knight Sherif of the said County of Sussex before the said Lady the Queen in her said Chancery here sent the said Writ executed and retorned that is to say that he by virtue of the said Writ to him directed the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 40th abovesaid by John Byrstie Gent. and Thomas Wolfe Gent. good and lawful men of his Balywick gave warning to the said Thomas Palmer and Margaret to be here at this day to in form the said Lady the Queen and her Council as the Writ aforesaid in it importeth and requireth and as by the said Writ to him it was commanded At which day the said Thomas Palmer and Margaret before the aforesaid Lady the Queen in the said Court here at Westminster aforesaid according to the warning aforesaid to them as before is said given come likewise and pray licence with the Queens Council thereof to imparl before the said Lady the Queen in the said Court here until the Morrow of the Holy Trinity then next following c. Wheresoever c. And then to Answer c. And have it c. And the same day is given to the aforesaid Christopher Digges the Son and Edward Digges then and there c. At which Morrow of the Holy Trinity before the said Lady the Queen in the said Court here that is to say at Westminster aforesaid come aswel the aforesaid Christophâ—r Digges the Son and the said Edward Digges as the aforesaid Thomas Palmer and Margaret by their Attornies aforesaid And upon this the said Thomas Palmer and Margaret pray licence further with the Queens Council thereof to iâ—parl before the said Lady the Queen in the said Court here until 8. dayes of St. Michael then next coming c. wheresoever c. and then to Answer c. and have c. And the same day is given to the aforesaid Christopher Digges the Son and Edward Digges then and there c. At which 8. dayes of St. Michael before the aforesaid Lady the Queen in the said Court here that is to say at Westminster aforesaid came aswel the aforesaid Christopher Digges the Son and Edward Digges as the aforesaid Thomas Palmer and Margaret by their Attornies aforesaid and upon this the said Thomas and Margaret pray the hearing of the Writ aforesaid and it is read unto them c. Which being read and heard The said Thomas and Margaret say That the Hands of the said Lady the Queen from the said two parties of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Manors Lands and Tenements in 4. parts to be divided nor from any part thereof ought to be amoved nor the aforesaid Christopher Digges the Son and Edward Digges to the aforesaid purparts of the premises above demanded together with the Issues and Profits of the purparts of the premises in the mean time aforesaid received ought not to be restored Because protesting that the aforesaid Manors and Tenements of which it is supposed the aforesaid Christopher Digges the Father to have dyed seized or any part thereof are not of the nature of Gavelkind in the said County of Kent protesting also that the said Christopher Digges the Father by his last Will and Testament did not Will and Devise the Manors and
Tenements aforesaid with the appurtenances as the aforesaid Christopher Digges the Son and the said Edward Digges in their Declaration above have alleged For Plea say That the aforesaid Christopher Digges the Father in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances in his Demesn of Fee and so thereof being seized the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th at Owtelmeston aforesaid by a certain Indenture between him the said Christopher of the onâ— part And Henry Crispe of Tennet in the aforesaid County of Kent Knight John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood Gent. of the other part made and with the Seal of the said Christopher the Father sealed bearing date the same day and yeer Aswel in the consideration of a Mariage between the said Christopher the Father and Martha Sister of the aforesaid John and Richard Brook before that time had and solemnized as in the consideration of the sum of 200. pounds of good and lawful Mony of England before the solemnization of the Mariage aforesaid to the said Christopher the Father paid and also for the preferring and sure advancing of the aforesaid Thomas Digges then Son and Heir aparent of the said Thomas begotten As also for diverse other good causes and considerations the said Christopher the Father moving Covenanted Granted and Agreed to and with the aforesaid Henry Crisp John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood their Executors and Administrators in form following That aswell the said Christopher Digges the Father and his Heirs and every other person and persons their Heirs who then stood or were seized or that at any time then after should stand or should be seized of and in all and singular the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Christopher Digges the Father whatsoever with the Appurtenances situate lying and being in the aforesaid County of KENT from thence forward should stand and be seized of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of KENT with all and singular their Appurtenances to the onely uses and intents afterwards in the said Indentures mentioned and expressed and to no other use intent or purpose That is to say To the use of the said Christopher Digges the Father for the Term of his life And after the decease of the said Christopher the Father to the use of the said Thomas Son of the said Christopher the Father and the Heirs Males of the Body of the said Thomos lawfully begotten or to be begotten and for default of such issue to the use of the Heirs Males of the Body of the said Christopher the Father upon the Body of the said Martha lawfully to be begotten as by the said Indenture amongst other things it more fully appeareth By virtue whereof and by force of a certain Statute of tranferring of uses into possession in the Parliament of the late King HENRâ— the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The said Christopher Digges the Father was seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as of Free-hold for the Term of his life the Remainder thereof to the aforesaid Thomas in form aforesaid expectant And the said Christopher the Father being thereof so seized the Remainder thereof in form aforesaid expecting The said Christopher the Father at Owtelmeston aforesaid dyed of such his Estate thereof seized After whose Death The said Thomas Digges the Son into the Mannors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail that is to say to him and the Heirs Males of his Body begotten by virtue of the Indenture aforesaid and by force of the Statute aforesaid And so being seized of all and singular the Mannors and Tenements aforesaid The aforesaid 10th day of April in the yeer of the Reignof the said Lady the Queen that now is the 32th At Owtelmeston aforesaid of such his Estate dyed seized Thomas Posthumus Digges being Son and Heir of his Body within Age and in the Ward of the said Lady the Queen as by the said Inquisition it is found without that that the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as Fee as the aforesaid Christopher the Son and Edward in the Monstrans de droit aforesaid above have alleged And this they are ready to aver Whereupthey demand Judgment If the Hands of the said Lady the Queen from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the Mannor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Mannors Lands and Tenements whereof it is supposed that the said Christopher the Father dyed seized in 4. parts to be divided or of any part thereof ought to be amoved Or the aforesaid Christopher Digges the Son and Edward to the aforesaid purparts of the premises in the mean time aforesaid received ought to be restored And the aforesaid Christopher the Son and Edward as at first say That the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid in his Demesn as of Fee as in their Monstrans de droit aforesaid above they have alleged And this they are ready to aver And pray that it be inquired of by the Country And the aforesaid Thomas Palmer and Margaret likewise c. And therefore day is given to the parties aforesaid before the said Lady the Queen in 8. dayes of Saint Hillary wheresoever it should be to do and receive what shall be just in the premises And that it is commanded to the Sherif of KENT that he cause to come before the said Lady the Queen at that day 12. good and lawful men of the Neighbourhood of Barham Lenham Frensted Harrisham Sturrey Hackington and the Parish of Saint Stephens and of the Mannor of Netherhard in his Balywick whereof every one have 4. l. per Annum in Lands Tenements or Rents at the least by whom the truth of the matter might best be known And who neither c. To Recognize c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and Edward Digges by Thomas Westbie the Elder their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif of KENT retorned the names of the Jurors c. Whose names c. Whereof none c. Therefore it is commanded to the said Sherif of KENT that he have their Bodies afore the Lady the Queen in 8. dayes of the
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
for the payment of his Debts or Legacies or for any other necessary purpose or intent It shall and may be lawful to and for the said Christopher Digges together with Sr. Henry Cripps Knight John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood at any time hereafter during the life of the said Christopher Digges together with and by the joynt Consent and Agreement of the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry John Francis Richard Thomas and Richard by their Joynt Deed or Writing Indented of them the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christopher Digges or of three of them the said Henry John Francis Richard Thomas and Richard and being sealed with the seals of the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christoper Digges or three of them the said Henry John Francis Richard Thomas and Richard and to be inrolled in any Court of Record of our sovereign Lady the Queen or of her Heirs and Successors to make void and frustrate any of the use or uses estate or estates in these presents above mentioned expressed or declared onely for of or in any such part or parcel of the premises as by the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or by the said Christopher Digges or three of them the said Henry Iohn Francis Richard Thomas and Richard shall be thought meet and convenient and by the said Writing Indented and Inrolled shall be expresly limited and appointed and no otherwise And thereof by the said Writing Indented so to be inâ—olled of new to declare limit or appoint any such new or any other such use or uses estate or estates as to the said Christopher Digges Henry Cripps Iohn Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or any three of the said Henry John Francis Richard Thomas and Richard shall be thought meet and convenient as by the said Writing Indented shall be expressed and declared and not otherwise any thing in this present Indenture contained to the contrary thereof in any wise notwithstanding And that immediatly from and after such new Declaration Limitation and Appointing of any new or other use or uses of or in any part or parcel of the premises by writing Intended sealed and inrolled as aforesaid than the use and uses estate or estates of such and so much onely of the premises whereof any such new Declaration Limitation or Appointment shall be so had and made shall be And the said Christopher Digges his Heirs and Assignes and all other person or persons their Heirs and Assignes which at any time hereafter shall stand and be seized of or in so much of the premses whereof any such new Declaration limiting and appointing shall be so had and made shall stand and be seized thereof to the use of such person and persons and to such use intents and conditions as shall be mentioned and expressed in the said Writing Indented and Inrolled and to none other use intent or purpose any thing above mentioned to the contrary thereof in any wise notwithstanding In witnesse whereof the parties to these presents inter changeably to this present Writing Indented have put their Seals the day and yeer above written By virtue of which Indenture and by force of a Statute transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The aforesaid Christopher Digges the Father was seized of the Manors and Tenements with the appurtenances within monstraâ—s de droit above specified in his Demesn as of Freehold for the term of his life the remainâ—er thereof to the aforesaid Thomas the Heirs Males of his Body issuing and for default of such issue The Remainder thereof to the Heirs Males of the Body of the said Christopher the Father of the aforesaid Martha lawfully begotten And the said Christopher Digges the Father so of the Manors and Tenements aforesaid with the appurtenances being seized the Remainder thereof to the aforesaid Thomas in form aforesaid expecting The said Christopher Digges the Father and the aforesaid Ioh. Brook Ric. Brook Tho. Leweson afterwards and before the day c. that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 12th By a certain Indenture between them the said Christopher Digges the Father and the aforesaid Iohn Brook Richard and Thomas Leweson of the one part Thomas Ovington and Thomas Digges of Chertham in the County of Kent Gent. of the other paâ—t made and in the Court of Chancery of the said Lady the Queen that now is at Westminster then being the 4th day of Iunc in the yeer of the Reign of the said Lady the Queen that now is the 12th aforesaid in due manner of Record inrolled one part of which with the Seals of the aforesaid Christopher Digges the Father Iohn Richard and Thomas Leweson sealed To the Jurors aforesaid in evidence was shewed whose Date is the same day and yeer abovesaid In which Indenture reciting the first Indenture bearing Date the 6th of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between him the said Christopher Digges the Father of the one part and the aforesaid Henry Cripps Knight Iohn Brook Francis Gaâ—acre Richard Brook Thomas Ltweson and Richard Horewood of the other part Covenanted Granted and Agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs Executors and Assigns in manner and form as followeth in these words And also whereas The said Christopher Digges at the time of the making of the said Indenture in these presents above recited was seized of an Estate of Inheritance amongst other the Manâ—rs Lands Tenements and Hereditaments abovesaid of and in one Close in the abovesaid Parish of Barham in the occupying of Bartholmew Baker containing by estimation 3. Acres and 2. Acres of Land in Stony Rock and 3. Acres and 2. yards in Parsonage-field in the occupation of the said Bartholmew Baker in Barham aforesaid and 2. half Acres of Land in the occupying of Henry Crowd and one half Acre late in the occupation of Iohn Barham Gent. in the Parish of Barham aforesaid And also 3. Acres called Green Hill and one Acre lying in Brome lease joyning to Thomas Laddes Ground and one yard in Iohn Nashes Land lying in Barham aforesaid and Kingston next Barham in the County aforesaid
and also 16. Acres of Down Land and Pasture in the said Parish of Barham and Kingston aforesaid and Adsham in the County aforesaid in the occupying of Kembers Heirs and also the moyety of 31. Acres of Marish Land and Arable the moyety of one Tenement lying in the Parish of Woekham in the said County and 3. Acres of Marish Land more late in the occupying of Robert Formel and 5. Acres of that now in the occupying of David Deme of Littleborn Court lying in the Parishes of Littleborn and Wockham aforesaid and Ickham in the County aforesaid And also one Tenement with 7. Acres of Land lying at Stelling Mennis in the Parish of Ekham late in the occupying of Richard Ovingden 30. Acres of Wood-Land in the Parish of Netherherds now in the occupying of the said Christopher Digges and 1. Acre of Arable Land in the occupying of Henry Rigden called Bedleacre and also 2. Acres of Land in Demisdale and 3. Acres in Spotts Cross half an Acre in Wholdstane in the parishes of Barham and Kingstone and 12. Bushels of Rent Barley out of William Ademe's Land in Kingston aforesaid and 3. Acres of Land at a Place called Marley within the Parish of Kingston in the occupying of James Adem and also 1. Tenement with 7. Acres of Arable Land and Pasture in the occupying of Henry Crowd in the Parish of Barham aforesaid And also 60. Acres of Arable Land Pasture and Down-Land in the Parish of Barham aforesaid and also 3. Acres of Meadow lying in Winch in the Parish of Tannington and 7. Seames of Rent Barley in the Parish Sutton next Sandwitch and also 3. Acres of Arable Land in the occupation of Richard Ragely in the Parish of Kingston aforesaid and 36. Acres of wood-Wood-Land Arable and Pasture and half a Messuage half a Barn and half a Stable an Outhouse and a Meadow containing 12. Acres adjoyning to the Barn in the occupying of James Herringe in the Parishes of Kingstone aforesaid and Bourn in the County aforesaid Whereupon and for and in consideration that the said Christopher Digges is endebted to divese persons in the sum of 900. pounds or thereabouts and that he the said Christopher may have full authority to sell and alienate some part of the said Lands and Tenements for the payment of his said debts It is now Covenanted Granted Condescended and Agreed Between the said Christopher Digges John Brook Richard Brook and Thomas Leweson and the above named Thomas Ovington and Thomas Digges their Heirs and Assignes And the said Christopher Digges John Brook Richard Brook and Thomas Leweson for them and every of them their Heirs and Assignes by their joynt Consent and Agreement do Covenant and Grant to and with the said Thomas Ovington and Thomas Digges their Heirs and Assignes by these presents That from the Inrollment of this present Indenture in the Queens Majesties Court of Chancery That all and every the said use and uses considerations and intents limited declared and mentioned in the abovesaid Indenture in these presents above comprised And to and as concerning only all and singular those several parcels of the premises particularly above mentioned shall be utterly void frustrate and be determined and ended And that the said Christ Digges and his Heirs and all every other person and persons which now stand or be seized or at any time hereafter shall stand and be seized of and in the said several parcels particularly above mentioned with their Appurtenances shall from the time of the Inrollment of these presents stand and be of all and every the same particular parcells above mentioned onely with their Appurtenances seized onely unto the use of the said Christopher Digges his Heirs and Assignes for ever and to no other use uses purposes and intents In Witnesse whereof the parties abovesaid to these present Indentures their Seals interchangeably have set dated the day and yeer first above written as by the Indenture aforesaid more fully appeareth By colour of which Indenture and Inrollment and by force of the aforesaid Statute of transferring of uses into possession made and provided The aforesaid Christopher Digges the Father was seized of the aforesaid parcel of Lands Tenements and Hereditaments with the Appurtenances in the Indenture aforesaid particularly further specified as the Law requireth And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Christopher Digges the Father of the Manors Lands and Tenements in the Monstrans de droit within written with their Appurtenances in form aforesaid being seized The said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterward and before the time of the bringing of the Monstrans de droit within written that is to say the 20th day of September in the yeer of the Reign of the said Lady the Queen that now is the 13th By another Indenture between them the said Christophâ—r Digges the Father John Richard and Richard Horewood on the one part and the aforesaid Thomas Ovington and Thomas Digges of Chartham aforesaid on the other part made By the names of Christopher Digges of Barham in the County of Kent Esquire John Brook Richard â—rook and Richard Horewood Gent. on the other part made and in the Court of the Lady the Queen of Common Pleas at Westminster afterwards that is to say in the Term of St. Michael in the yeer of the Reign of the said Lady the Queen that now is the 13th and 14th in due manner of Record inrolled one part whereof with the Seals of the aâ—oresaid Christopher Digges the Father John Richard Brook and Richard Horwood sealed and to the Jurors aforesaid in Evidence shewed whose date is the same day and yeer reciting the aforesaid Indenture bearing date the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between the aforesaid Cheistopher Digges the Father of the one part and the aforesaid Henry Gripps Knight John Brook Francis Gaâ—aâ—re Richard Brook Thomas Leweson and Richard Horewood of other the part Covenanted Granted and agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs and assignes in maner and form as followeth in these words Whereupon and â—or and in Consideration that the said Christopher Digges is endebted to diverse persons in the sum of a 1000 pound or there abouts that he the said Christopher may have full authority to sell and alienate part and parcel of all and singular his said Lands and Tenements whatsoever for the payment of his said debts and for any other necessary purpose and intent it is now Covenanted granted condescended and agreed Between the said Christopher Digges John Brook Richard Brook and Richard Horewood and the above Thomas Ovington and Thomas Digges their Heirs and assigns And the said Christopher Digges John Brook Richard Brook and Richard Horewood for them and every of them their Heiirs and Assignes by their Joynt
consent and agreement do covenant and grant to and with the said Thomas Ovington and Thomas Diggss their Heirs and Assigns by these presents that from the time of the Inrollment of this present Indenture in the Queens Majesties Court of Chancery that all and every the said use and uses considerations and intent in any wise limitted declared and mentioned in the abovesaid Indenture in these presents above comprised and for and as concerning all and singular their Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in any wise mentioned meant comprised and specified in the abovesaid Indenture in these presents above comprised except or Meadow lying and being in the Parish of Bishopsborne in the said County of Kent contayning by estimation or thereabouts and now or late in the occupation or possession of one Vincent Edley or of his Assigns shall be utterly void and frustrate and be determined and ended and that the said Christopher Digges and his heirs and all and every person and persons which now stand and be seised or at any time hereafter shall stand and be seised of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances or any parcel thereof in any wise mentioned meant comprised or specified in the abovesaid Indenture in these presents comprised except before excepted shall from the time of the Inrolment of these presents stand and be seised of and in all and singular the said Manors Messuages Lands and Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in the said former Indenture or in these presents meant contained or specified and of and in all and every part and parcel thereof except before excepted to the only use of the said Christopher Digges his Heirs assignes for ever to no other use or uses purposes or intents In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeablie have set dated the day and yeer first above written as by the said other Indenture further recited more fully appeareth And the aforesaid Christopher Digges the Father so as before is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the aforesaid Indenture bearing date the 20th day of September in the 13th yeer abovesaid as the same requireth being the said Christopher Digges the Father afterwards and before the day of the being of the Monstrans de droâ—t within written that is to say the 20th day of October in the yeer of the Reign of the said Lady the Queen that now is the 14th By another certain Indenture between the said Christopher Digges the Father of the one part and Richard Gaunt Gentleman and Lawrence Applegate of the other part made one part of which with the Seal of the said Christopher to the Jurors aforesaid in evidence was shewed whose date is the same day and yeer covenanted and granted for him and his Heirs to and with the aforesaid Richard Gaunt and Lawrence Applegate in manner and form as in the Indenture aforesaid is conteyned the Tenor of which followeth in these words Thiâ— Indenture made the 25th day of ctober in the 14th yeear of the Reign of our Soveraign Lady Elizabeth by the gâ—ace of God Queen of England France and Ireland defender of the Faith c. Between Christopher Digges of Barham in the County of â—ent Esquier on the one party and Richard Gaunt of the City of Canterbury Gentâ—emâ—n and Lawrence Applegate of the Parish of Saint George of the same City Draper on the other party Witnesseth That it is Covenanted granted condescended and agreed by all the parties to these Indentures by these presents in maner and form following that is to say that first the said Christopher Digges for him and his Heirs Executors and Administrators doth Covenant and grant to and with the said Richard Gaunt and Lawrence Appâ—egate their Executors and assigns by these presents that he the said Christopher and Martha his Wife before the end of this Instant Term of Saint Michael upon the writ of Covenant to be persued by the said Richard and Lawrence out of the high Court of Chancery and retornable before the Queens Majesties Justices of the common plea at Westminster shall acknowledge and levy a fine of all those the Manors Lands Tenements Meadows Marshes Pastures Feedings Woods Underwoods Rents and Services to any the same Manors appertaining or in any waies belonging set lying and being in the Parishes of Barham Kingstone Bishop Borne Patiâ—chborne Littleborne Wellborne Sturrey Harrisham Saint Stephens Hackington Netherherds Lenham Brensted in the County of Kent and also all other the Lands Tenements whatsoever which he the said Christopher Dighes now hath or late had in the same County and that by he names of Owtelmestone Mayton Hackington and Yokes Court with the appurtenances 40 Messuâ—ges 20 Tofts 1 Mill 3 Dovehouses 20 GardeÌ„s 10 Oâ—châ—rds 1000 Acres of Land 100 Acres of Meadow 100 Acres of Pasture 600 Acres of Wood 10 Acres of Heath Furze 5 pound Rent the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborne Bridge Patricksboone Littleborne Wellborne Sturrey St. Stephens Hackington Netherherds Lenham Harrisham Frensted Sutton Repple and Sholden and nevertheless it is covenanted granted and agreed between the said Christopher Digges Rich Gaunt Lawrence Applegate they their Heirs Executors Assignes do covenant and grant by these presents to and with the said Christopher Digges his Heirs Executors and Assignes in form following that is to say that the same Fine and the use and execution of the same as to the Manor of Yokes Court with the appurtenances and one Messuage called Fokeham 500 Acres of Land Meadow and Pasture by estimation be it more or less with the appurtenances set lying and being in the parishes of Fremsted Lenham Harrisham in the County of Kent aforesaid 160 Acres of Land Meadow and Pasture in the Parish of Netherherds Nackington and Patricksborne in the said County And all those Lands arable and Pasture conteyning by estimation 200 Acres called Gore and Ilding lying and being in the Parishes of Barham and Kingstone now late in the 〈◊〉 of James Herenge and John Nethersale or of their assigns all Woods Wood-Lands Underwoods Courts Rents perquisites of Court to all the same only excepted shall be to the use of the said Christopher Digges and Martha and the Heirs and Assignes of the said Christopher Digges for ever And that the said Fine use and execution thereof as well to the said Manors of Owtelmestone Mayton and all the Lands Meadows Marshes Feedings Woods Underwoods Rents and Services to the same Manors or any of them belonging or in any wise appertayning and also all other the Lands Messuages Tenements Meadows Pastures Marshes Woods Underwoods and other Hereditaments whatsoever above in these presents specfiâ—ed mentioned or comprised the
use thereof in the abovesaid Fine in form abovesaid to be levyed and acknowleged before by this Indenture not limited or appointed the Rent of 10 quarters of Barley only except to be to the only use and behoof of the said Christopher Digges his Heirs and Assignes for ever and to no other use or uses purpose or intent and that the said Fine or use and execution thereof as to the abovesaid 10 Quarters of Bâ—rley to be to the only use and behoof of the abovesaid Richard Gaunt and his Heirs for ever In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeably have set dated the day and yeer first above wriâ—ten And the aforesaid Christopher Digges the Father so as afore is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the Monstrans de droiâ— within written specified as the Law requireth being seised Afterwards and before the bringing of the Monstrans de droit within written that is to say from the day of Saint Martin within writen in 15 dayes in the yeer of the Reign of the said Lady the Queen that now is the 14th abovesaid A Fine was levyed in the Court of the said Lady the Queen that now is at Westminster in the County of Middleâ—ex before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards in 8 dayes of Saint Hillary in the yeer of the same Lady the Queen that now is the 14th abovesaid there then granted and recorded before the said Justices and oâ—hers of the Queens faithfull people then and there present between the aforesaid Richard Gaunt Gentleman and Lawrence Applegate plaintiâ—s and the aforesaid Christopher Digges and Martha his Wife deforceants of the Manors Lands Tenements and Hereditaments in the Monstrans de droit within written with the appurtenances amongst other by the names of the Manors of Owtelmestone Mayton Nackington and Yokes Court with the appurtenances and 40 Messuages 20 Tofts one Mil 3 Dovehouses 20 Gardens 12 Orchards 1000 Acres of Land 100 Acres of Meadow 700 Acres of Pasture 600 Acres of Wood 100 Acres of Furze and Heath and 100 shillings of Rent and the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborn Bridge Patricksborne Littleborne Wellborne Sturrey Saint Stephens Nackington Netherherds Lenham Harisham Frinsted Sutton Ripple and Shalden whereupon a plea of Covenant then was summoned between them in the said Court That the aforesaid Christopher Digges and Martha do acknowlege the aforesaid Manors and Rents with the appurtenances to be the Right of the said Richard and those which the said Richard and Lawrence then had of the gift of the aforesaid Christopher and Martha and these then remised and quit claimed from them the said Christopher and Martha their Heirs to the aforesaid Richard and Lawrence and the Heirs of the the said Richard for ever and moreover the said Christopher and Martha then had granted for them Heirs the of the said Christopher that they warrant to the aforesaid Richard and Lawrence and the Heirs of the said Richard the aforesaid Manors Tenements and Rents with the appurtenances against all men for ever and for this Recognition Release Quit claim warranty Fine and Concord the said Richard and Lawrence gave to the aforesaid Christopher and Martha 8 pound Sterling which Fine was levied with proclamations according to the form of the Statute in such case made and provided And further the Jurors say upon their oath aforesaid that the aforesaid Fine in form aforesaid levyed was had and levyed to the uses and intents in the Indenture aforesaid bearing date the 26th day of October in yeer of the Reign of the said Lady the Queen that now is the 14th as abovesaid above specified By colour of which Fine Indenture and Statute aforesaid the aforesaid Christopher Digges the Father was seised of the Manors Tenements and Hereditaments aforesaid with the appurtenances as the Law requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Christopher Digges the Father so as before is said of the Manors and Tenements above written as the Law requireth being seised the said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterwards that is to say the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 14th came into the Court of the said Lady the Queen of her Chancery and then and there acknowleged the Indenture aforesaid bearing date the 20th day of September in the 13th yeer aforesaid to be their deed and upon that the said Indenture afterwards that is to say the 7th day of November in the 14 yeer aforesaid in the said Court of Chancery in due Maner of Record was Inrolled By virtue of which and force of the Statute aforesaid the said Christopher Digges the Father was of the Manors Lands and Tenements within written seised as the same Law requireth and so thereof being seised the said Christo Digges the Father afterwards and before the day of the bringing of the shewing of right within written that is to say the first day of February in the yeer of our Lord 1576 and in the yeer of the Reign of the said Lady the Queen that now is the 19th made his Testament and last Will in writing of which said Testament and last Will the Tenor amongst other followeth in these Words In the Name of God Amen The first day of February in the yeer of our Lord God 1576 and in the 19th yeer of the Reign of our Sovereign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. I Christopher Digges of Saint Gregories without the Walls of the City of Canterbury Esquire Son and Heir of William Digges late of Barham in the County of Kent deceased being sick in body but of good and perfect remembrance thanked be the Almighty God Revoking and making void all other my former wills ordayn and make this my present Testament and last Will in manner and form following That is to say this is the last Will of me the abovesaid Christopher Digges made the day and yeer abovesaid touching the disposition of all my Lands Tenements and Hereditaments in the County of Kent and Canterbury or elsewhere in the Realm of England First touching the thirds and third part of my Land to be due unto the Queens Majesty or any other for Wardship Primer seisin Livery or otherwise my Will and meaning is to leave to descend to Thomas Digges my Son to have and to hold to him and his Heirs for ever All these my Lands and Tenements called or known by the name of Eastendown containing by estimation 10 Acres of Land and all these Lands Tenements Hereditaments which I had by descent after the death of Thomas Digges of Newington next Sittingborn Esquire deceased and if the
as is aforesaid That then it shall be lawful to every or to any of my aforesaid Sons or Daughters for default of payment of the sums or sum due unto them or any of them by way of Annuity as is aforesaid into the Lands and Tenements and other Hereditaments above limited to my Eldest Son aforesaid and to his Heirs Males as aforesaid to enter and destrein and the destress there so taken lawfully with them or any of them to lead drive or carry away until every of them shall be fully satisfied and paid Item I will That after the decease of Martha my Wife if then my Eldest Son aforesaid or the Heir Male of his Body lawfully begotten then living shall be of the full age of 22. yeers That then the said Eldest Son or his Heir Male aforesaid shall have the aforesaid Lordship of Yoke and the Manors of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys to him and the Heirs Males of his Body lawfully begotten for ever And if then my Eldest Son aforesaid or his Heirs Males as is aforesaid shall come of the full age of 22. yeers Then I will that the yeerly Profits and Revenews of the abovesaid Lordship of Yoke and Manor of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys aforesaid until my sayd Eldest Son or his Heir Male abovesaid shall come to the full age of 22. yeers shall go and be imployed towards the payment of my Debts Legacies Payments and Annuities aforesaid Item I will That if it happen my Eldest Son aforesaid or his Heir Male aforesaid to depart this transitory world without Heirs Males or Male of his Body lawfully begotten Then for lack of such Heir Male All and every the aforesaid Lordship Manors Lands Tenements with the Appurtenances Rents Services and Hereditaments other than such as are appointed to be sold and for the Poor as aforesaid shall be and remain to his next Eldest Brother then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly to every of his Brothers my Sons then living until every of them shall be of the full age of 24. years 4. pound of lawful mony of England and to every of his Sisters my Daughters then living five Marks of lawful mony in such manner and form and so long as is afore specified Item I will That all and singular the abovesaid Lordships Manors Lands and Tenements with the Appurtenances Rents Reversions Services and Hereditaments whatsoever in the County of Kent or else where other than such as afore specified to be sold by Thomas Ovington aforesaid and willed to my Eldest Son aforesaid as is afore specified for lack of Heir Male of the Body of any my aforesaid Sons shall successively remain from Brother to Brother and to his Heir Male paying yeerly for so long to his Brothers and Sisters as is aforesaid And if it fortune all my said Sons depart this transitory world without Heirs Males or Male of their or his Body lawfully begotten Then for lack of such Heir Male I will all the aforesaid Lordship Manor Lands and Tenements with their Apurtenances Rents Reversions Services and Hereditaments in the Parishes of Leneham Frinsted Harrisham aforesaid shall be and remain to my Daughters aforesaid and to their Heirs for ever Item I will That all other my Lordships Manors Lands and Tenements with their Appurtenances Rents Reversions and Services and other Hereditaments in Barham aforesaid for lack of Heirs Males or Male of the Body of any of my Sons lawfully begotten shall remain to Thomas Digges one of the Sons of Leonard Digges Esq late in the Parish of Sutton in the County of Kent aforesaid and to the Heir Males or Male of his Body lawfully begotten for ever And for lack of such Heir Male to remain to James Digges another of the Sons of the said Leonard and to the Heirs Males or Male of his Body lawfully to be begotten for ever and for lack of such Heir Male to remain to the Right Heirs of me the aforesaid Christopher Digges another of the Sons of the aforesaid Leonard and to the Heirs Males of his body lawfully begotten for ever and for lack of such Heir Male to remain to the right Heirs of me the said Christopher Digges for ever As by the Testament and last Will aforesaid amongst other things more fully appeareth And that afterwards and before c. that is to say the second day of February in the year of the Reign of the said Lady the Queen that now is the 19th the aforesaid Christopher the Father at Barham in the County aforesaid dyed of the Manors Tenements and Hereditaments aforesaid in the Monstrans de droit within written specified with the appurtenances mentioned so as aforesaid as the â—aw requireth seised And further the Jurors aforesaid say upon their Oâ—th aforesaid That the aforesaid Martha Digges wife of the aforesaid Christopher Digges the Father him the said Christopher Digges her Husband over lived and that the aforesaid Martha afterwards that is to say the 4th day of May in the 19. year afores aâ— Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid â—hâ—mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture afâ—rel here first specified named were one and the same person not other nor divers and that the Manors Lands and Tenements in the Inquisition aforesaid specified and the Manors Lands and Tenements in the Indenture aforesaid here first mentioned and comprised are the self same Manors Lands and Tenements not others nor divers And that the aforesaid Lands Tenements wherof the uses by the aforesaid Indenture bearing date the 6th day of May in the 12th year aforesaid are revoked are not the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any parcel thereof And thâ—t the uses of the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any part thereof by the aforesaid second Indenture here within specified was not Revoked annulled or mentioned to be by the same revoked or annulled and that the aforesaid Manors Lands and Tenements whereof the uses by the aforesaid Indenture bearing date the 20th day of September in the 13th year aforesaid mentioned to be by the same Indenture Revoked and annulled are the same Manors Lands and Tenements in the Monstrans de droit within written specified and not other nor divers But whether upon the whole matter aforesaid in form aforesaid found The said Christopher Digges the Father dyed seised of the Manors Lands and Tenements in the Monstrans de droit within written specified in his demesn as of Fee as in the aforesaid Monstrans de droit it is supposed or not the Jurors
in the Spiritual Court after the Queens Prohibition to the contrary thereof directed and delivered for that that is to say whereas all and singular Pleas and Conusans of Pleas of whatsoever grants demyses or conttacts arising within this Kingdom of England made and had and the validity of such grants and demyses in Law and other such Pleas and Conusance of Pleas so as they be not Testamentary or Matrimonial to the said Lady the Queen that now is and her Royal Crown do especially appertain and by the Laws of the Land of this Kingdom of England and not by the Laws or Sentences Ecclesiastical ought to be tryed determined and discussed and ever heretofore accustomed and ought to be And whereas Stephen by Divine Providence late Bishop of Winchester the 4th day of July in the yeer of the Reign of the Lord Henry late King of England the 8th the 38th was seized in his demesn as of Fee in the Right of his Bishoprick of and in the Manor of Eastmeon in the County aforesaid whereof one capital Messuage called the Scite of the Manor of Eastmeon 800. Acres of Lands 50. Acâ—es of Meadow 1000. Acres of Pasture and 400. Acres of Wood with the Appurtenances in Eastmeon in the County aforesaid being demesn Lands of the Manor aforesaid then and time whereof the memory of man is not to the contrary was and yet are parcel and also of and in one Messuage with the Appurtenances being in Eastmeon aforesaid being to the Mansion house of the same Manor And whereas the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid for the time being seized of the Manor aforesaid and other the premises with their Appurtenances The Scite of the Manor aforesaid and the capital messuage aforesaid and the demesn Lands aforesaid with the Appurtenances by himself his Farmers and Tenants thereof and every parcel thereof for Term of yeers or at Wiil held and were injoyed exonerated acquitted freed discharged and privileged of and from the payment of Tithes whatsoever of in or upon the capital messuage aforesaid and the demesns aforesaid with the Appurtenances and of every and any parcel thereof yeerly what way soever for the whole time aforesaid growing happening renewing or arising And the aforesaid Stephen late Bishop aforesaid of the capital Messuage aforesaid and the demesn Lands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and discharged and privileged of and from the payment of Tithes whatsoever of in and upon the capital Messuage aforesaid and other the premises with the Appurtenances or any parcel thereof growing renewing or any wise happening The said Stephen the 4th day of July in the yeer of the Reign of the said late King Henry the 8th the 38th at Eastmeon in the County aforesaid By his Indenture with his Seal Episcopal sealed and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer demised to one Robert Wright Grandfather of the said Robert that now is plantif The Moyety of the demesn Lands aforesaid with the Appurtenances By the name of all the Demesn Lands oâ— the Mannor of Eastmeon aforesaid anciently belonging with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old time situate lying and being with the Appurtenances which Moyety then lay in the fields on the South side of the Town of Fastmeon aforesaid Together with the Meadowes Feedings and Pastures Enclosures Wayes Pathes and other their Appurtenances together with the Farm of 40. Muttons called Weathers the highest price 16. pence 40. Ew Sheep the highest price 16. pence To have and occupy the said Moyety of the TenemeÌ„ts aforesaid with the AppurtenaÌ„ces in form aforesaid demised To the aforesaid Ro. Wright the GraÌ„dfather his Assignes from the Feast of St. Michael the Archangel in the yeer of our Lord God 1575. until the end and Term of 40. yeers then next following and fully to be compleat and Ended Yielding therefore yeerly during the Term aforesaid to the aforesaid Stephen late Bishop aforesaid or his Successors at his Exchequer of Woluesloy in Winchester in the County of Southampton then being 10. pound and 10. shillings of lawful mony of England at the Feasts of Easter and St. Michael by even and equal portions to be paid and for the farm of the aforesaid 40. Weathers and 40. Ew Sheep 11. pound 13. shillings and 4. pence to be paid at the Feast of St. Martin the Bishop Ad vincula for the chief Weathers 3. pence and for the chief Ews 4. pence as by the same Indenture amongst other things it more fully appeareth Which Indenture of demise to the aforesaid Robert Wright the Grandfather in form aforesaid made and all and singular therein contained Afterwards that is to say the 20th day of July in the 38th yeer abovesaid William Kingsmill then Dean of the Cathedral Church of the Holy Trinity of Winchester aforesaid and the Chapter of the same place at Winchester aforesaid that is to say in their Chapter-house there by their Writing of Confirmation with the Seal of the Chapter sealed in the life time of the aforesaid Stephen then being Bishop of Winchester aforesaid and in the life time of the said Robert Wright the Grandfather now deceased ratified and confirmed as by the Writing of Confirmation thereof bearing date the day and yeer last aforesaid amongst other things it appeareth By virtue of which demise and Confirmation The same Robert Wright the Grandfather was of the Interest of the Term aforesaid in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed and the aforesaid Robert Wright the Grandfather of the Interest of the Term aforesaid in the Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised being possessed The said Robert Wright the Grandfather the 14th day of August in the yeer 1558. at Eastmeon aforesaid made his Testament and last Will in Writing and by the said his Testament made and ordained Margaret then his Wife and Nicholas Wright his younger Son to be Executors of his last Will And by the said his last Will gave and bequeathed all his Interest aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid so as is said demised with the Appurtenances then to come to Edward Wright the Eldest Son of the aforesaid Robert the Grandfather and afterwards the aforesaid Robert Wright the Grandfather at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Tenements aforesaid with the appurtenances to the said Robert the Grandfather in form aforesaid demised possessed After whose death the aforesaid Margaret and Nicholas took upon them the burthen of Execution of his last Will Testament aforesaid at Eastmeon aforesaid And the said Executors at Eastmeon aforesaid gave their consent that the said Edward Wright should have and enjoy to him and his
answer in that manner the validity in Law of the Indenture of the demise aforesaid by the said Stephen late Bishop aforesaid in form aforesaid made and the Confirmation aforesaid as also the Estate of the said Robert the now plantif aforesaid of and in the aforesaid Moyety of the aforesaid demesn Lands with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid made and the Tithes thereof arising to the spiritual Court aforesaid to draw and determine caused most unjustly bound Which Plea by Appeal in that behalf had and made from the aforesaid Court of Audience before the worshipful and worthy men Robert Forth Thomas Binge John Lloyd Thomas Legg and Richard Swale Doctors of Law Judges Delegates in that behalf was duly removed and in the spiritual Court before the same Judges Delegates or some of them at Eastmeon aforesaid as yet dependeth undecided and although the said Robert the now Plaintiff The Indenture of demyse aforesaid and the Writing of Confirmation aforesaid and the Estate of the said Robert now Plaintiff aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid of the Tythes aforesaid discharged with the appurtenances to the aforesaid Robert VVright the Grand Father in form aforesaid demysed and the other matter aforesaid in this part conteined as well to the aforesaid spiritual Court before the aforesaid VVilliam Ambrey spiritual Judge aforesaid as in the aforesaid spiritual Court before the Judges Delegates aforesaid in discharge of the premises is shewed pleaded and alleged and the Sealing and delivery of the Indenture aforesaid and of the Writing of Confirmation aforesaid and the residue of the matter in that behalf conteined on the part of him the said Robert VVright the now Plaintiff in the premises in that behalf alleged according to the Law of this Kingdom of England with unavoidable truth and witness he offered to prove yet the said Judge of the Court of Audience aforesaid and the aforesaid Judges Delegates in the aforesaid spiritual Court aforesaid The Plea Allegation and that proof utterly refused and every of them refused to admit And afterwards the Appeal aforesaid so depending in the aforesaid spiritual Court before the Judges aforesaid The said Nicholas VVright at Eastmeon aforesaid made his Testament and last Will in writing and thereof constituted and ordained Iohn Wright his Executor of his said Testament and afterwards there dyed after whose death the aforesaid Iohn Wright took upon him the charge of the Execution of the Testament aforesaid and the Prosecution of the Appeal aforesaid in the cause aforesaid and afterwards the aforesaid John Wright the Executor aforesaid the aforesaid Robert Wright now Plaintiff in the aforesaid spiritual Court before the aforesaid Judges Delegates at Eastmeon aforesaid for the occasion aforesaid unjustly bound to appear and the said Robert now Plaintiff of and in the premises to condemn and to the Tythes aforesaid in the aforesaid several spiritual Courts in form aforesaid demanded to him to be paid to compel by the Definitive sentence of the said Court of Delegates with all his power yet endeavoureth and daily threatneth And although the Writ of the aforesaid Lady the Queen of Prohibition to the aforesaid Judges Delegates and other Judges in that behalf the 12th day of July in the year of the Reign of the Queen that now is the 37th at Eastmeon aforesaid to the contrary thereof was directed and delivered The said Iohn VVright the Plea aforesaid after the Queens Majesties Prohibition first to the contrary thereof in form aforesaid directed and delivered that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 37th at Eastmeon aforesaid in the County aforesaid prosecuted and in the Plea aforesaid proceeded the said Writ of the said Lady the Queen of Prohibition to the aforesaid spiritval Judges first to the contrary thereof in form aforesaid directed and delivered in any thing notwithstanding in contempt of the said Lady the Queen that now is and to the damage prejudice impoverishing and grievous molesting of him the said Robert now Plaintff and contrary to the form and effect of the Prescription Privilege and Act of Parliament aforesaid whereupon the same Robert now Plaintiff saith That he is the worse and hath damage to the value of 40. Marks and thereof as well for the said Lady the Queen as for himself he bringeth sute c. And now at this day that is to say VVednesday after 10. of â—aster this Term untill which day the said Iohn VVright had license to the Bill aforesaid to imparl cometh as well the said Robert VVright by his Attorney aforesaid as the aforesaid â—ohn VVright by Stephen VVorley his Attorney and the said Iohn defendeth the force and injury when c. and all the contempt and whatsoever c. and saith he did not prosecute the Plea aforesaid in the spiritual Court aforesaid after the Queens Prohibition to him first to the contrary directed and delivered in manner and form as the aforesaid Robert Wright who aswel c. above against him complaineth And of this puts himself upon the Country and the aforesaid Robert who aswel for c. likewise c. But to have a consultation in this behalf The said John by Protestation not acknowleging any thing by the aforesaid Robert above alleged to be true For Plea the said John saith That well and true it is That the aforesaid Robert in the aforesaid spiritual Court before the aforesaid Judges Delegates shewed pleaded and alleged That the aforesaid Stephen late bishop of Winchâ—ster â—foresaid the aforesaid 4th day of July in the 38th yeer aforesaid was seized of the aforesaid Manor of Eastmeon with the Appurtenances in the County of Southampton aforesaid whereof the aforesaid capital Messuage with the Appurtenances called the Scite of the Manor of Eastmeon 800. Acres of Land 500. Acres of Meadow 400. Acres of Wood with the Appurtenances in Eastmeon aforesaid being demesn Lands of the Manor aforesaid then and from the time aforesaid were parcel And of and in the aforesaid Messuage with the Appurtenances being the Mansion house of the Manor aforesaid in his demesn as of Fee in the right of his Bishoprick aforesaid And that the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid being seized of the Manor aforesaid and other the premises with their Appurtenances from the whole time aforesaid for him and his Farmers his Tenants thereof and of every parcel thereof for the term of yeers or at will had holden and enjoyed to them discharged acquitted freed and privileged of and from the payment of any Tithes of in or upon the aforesaid capital Messuage and demesn Lands aforesaid with the Appurtenances and every part and parcel thereof yeerly any manner of ways by the whole time aforesaid growing happening and renewing or arising And that the aforesaid late Bishop of the capital Messuage aforesaid and of the
that the Tax aforesaid for the Reparations of the Church aforesaid in the case aforesaid is a matter determinable at the Common Law and not in the spiritual Court Yet the said spiritual Judge to admit the same Plea Allegation utterly refused And the aforesaid Abraham and Tho. Foster him the said William Jeffrey in the spiritual Court aforesaid in the premises to be condemned and to the payment of the aforesaid several sums of Mony upon him the said William Jeffrey for the Reparations of the Church aforesaid above in this behalf specially imposed and taxed which then by the Law of the Land as before is said to pay for the reason aforesaid ought not or is bounden to do by the definitive Sentence of the said spiritual Court with all his strength endeavoreth and daily threatneth in contempt of the Queen that now is and to the losse prejudice impoverishing and manifest grievance of him the said William as also contrary to the Law of the Land aforesaid And this the said William Jeffrey is ready to aver and humbly imploring the aid assistance of the said Court of the said Lady the Queen that now is here demands remedy And the Writ of the said Lady the Queen of Prohibition to the aforesaid spiritual Judge in form aforesaid to forbid him that he the Plea aforesaid nor any thing touching the same before him he futher hold not and it is granted unto him c. And thereupon cometh John Porter of Cheddingley in the County aforesaid of Sussex Esquire Ard Thomas Aynscomb of Buxted in the County aforesaid Gent. in their proper persons and undertake for the aforesaid William Jeffrey That if it happeneth the aforesaid Abraham Kenshley and Thomas Foster To the Court of the Lady the Queen hereafter to come to demand the said Queens Writ of Consultation or otherwise to sue for Justice there of and upon the premises That then the said William the said matter or suggestion should follow with effect untill the Plea thereof by some lawful means be ended that is to say each of the Bail aforesaid upon the penalty of 10. pound which said sum of 10. pound the Bail aforesaid acknowledged and each of them acknowledged of their Lands and Goods and of every of them to be levied to the use of the said Lady the Queen If it shall so happen the said William not to prosecute in form aforesaid with effect c. REPLEVIN Michaelmas Term Anno 23. Eliz. Rot. 1160. in the Common Pleas C. 1. part Capels Case Fo. 54. THomas Gately was summoned to answer John Hunt of a Plea wherefore he took the Cattel of the said Iohn and them deteined against Gages and Pledges c. And whereupon the said Iohn by Iohn Lutwich his Attorney complaineth that the aforesaid Thomas the 27th day of November in the yeer of the Reign of the Lady the Queen that now is the 22th at Howcaple in a certain place called Stockins took his Cattel that is to say 6. Oxen and 6. Cows of him the said Iohn and them unjustly deteined against Gages and Pledges untill c. whereupon he saith he is the worse and hath loss to the value of 100 pound and thereof bringeth sute c. and the aforesaid Thomas by Thomas Willis his Attorney comes and defends the force and injury when c. And as Bayliff of Anthony Capel Gent. acknowledgeth the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because that he saith that the place in which it is supposed the taking of the Cattel aforesaid to be done doth contein and at the time of the taking of the Cattle aforesaid supposed to be done did contein in it 300. Acres of Land with the appurtenances in Howcaple aforesaid and that long before the aforesaid time in which c. One Thomas Capel Esquire was seised of the Manor of Howcaple with the appurtenances in the County aforesaid whereof the aforesaid 300. Acres of Land with the appurtenances in which c. are and at the aforesaid time in which c. as also time whereof the memory of men is not to the contrary were parcel in his demesn as of Fee and so thereof being seised after the fourth day of February in the yeer of the Reign of the Lord Henry late King of England the 8th the 27th and before the time in which c Of the said Manor with the appurtenances whereof c. amongst other enfeoffed Iohn Warmcombe Richard Wahrein Alexander Whittington Thomas Walwem Iohn I loid and Henry Iones To have and to hold the said Manor with the appurtenances whereof c. amongst other to the said Iohn Warmcombe Richard Walwein Alexander Whittington Thomas Walwein Iohn Llud and Henry â—ones their Heirs and Assigns for ever To the use of the aforesaid Thomas Capel and the Heirs Males of his body lawfully begotten and for default of such issue to the use of Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for default of such issue to the use of Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such issue to the use of William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel for ever By virtue of which Feoffment and by force of a certain Act of Parliament of the aforesaid late King at Westminster of transferring uses into possession in the 27th yeer abovesaid holden made The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the Remainder thereof in form aforesaid expectant and the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. amongst other in form aforesaid being seised before the aforesaid time in which c. at Howcaple aforesaid dyed of such his estate thereof seised after whose death The Manor aforesaid with the appurtenances amongst other descended to one William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten by which the said William Capel the Son before the aforesaid time in which c. into the Manor aforesaid with the appurtenances whereof c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten for default of such issue the remainder thereof to the aforesaid Edward and the Heirs Males of his
their demesn as of Fee and Right and of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof then they brought sute c. And the said John Hunt in his proper person then defended his Right when c. And vouched thereof to warranty the aforesaid William Capel who then present there in the same Court here in his proper person willingly the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid to him did warrant And upon that The said Thomas and Baldwin then demanded against the aforesaid William Tenant by his Warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advoson aforesaid in form aforesaid c. And whereupon then said That they themselves were seized of the Manor Tenements and Rents aforesaid with the Appurtenances in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid William Tenant by his Warranty aforesaid then defended his Right when c. And further then vouched to warranty John Howel who then likewise was present here in the said Court in his proper person and willingly the Manor Tenements and Rents aforesaid with the Apurtenances and the Advowson aforesaid to him did warrant c. And thereupon The said Thomas and Baldwin then demanded against him the said John Howel Tenant by his warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rents aforesaid in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the said Lady the Queen that now is taking the Profits therof to the value c. in wch c. And thereof then brought therâ— sute c. And the aforesaid John Howell Tenant by his Warranty defended then his Right when c. And then said That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin of the Manor Tenements and Rents aforesaid with the Appurtenances and of the Advowson aforesaid as the said Thomas and Baldwin by their Writ and Declaration above then supposed and of that then put themselves upon the Country and the aforesaid Thomas Spenceley and John Barldwin then demanded licence thereof to in parl and had it and aferwards the said Thomas and Baldwin came back here into the same Court here the same Term in their proper persons and the aforesaid John Howel although he was solemnly called did not then come back but in contempt of the Court departed and made default By which Then it was granted in the same Court here That the aforesaid Thomas Spenceley and Baldwin recover their seisin against him the said John Hunt of the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid And that the said John should have of the Lands of the said William Capel to the value c. And that the said William further should have of the Lands of the said John Howel to the value c. And that the said John then should be in mercy c. By virtue of which Recovery The aforesaid Thomas Spenceley and Baldwin into the Manor and Tenements aforesaid with the Appurtenances entred and was thereof seized in their demesn as of Fee Which Recovery and the Execution thereof in form aforesaid sued forth and had was to the use of the said John Hunt and his Heirs for ever By which and by force of the Statute aforesaid the said John Hunt was seized of the Manor aforesaid with the Appurtenances in his demesn as of Fee And so thereof being seized before the time of the taking c. put his Cattel aforesaid into the aforesaid 300. Acres of Land the grass then there growing to eat and the Cattel aforesaid were in the said 300. Acres of Land the grass in them then growing eating until the aforesaid Thomas Gateley the aforesaid 22th day of November in the yeer of the said Lady the Queen that now is at Hew Capel aforesaid in the aforesaid place called Stockins took the said Cattel of him the said John and them unjuly detained against Gages and Pledges until c. as the said John against him above complaineth And this he is ready to aver Wherefore in as much as the aforesaid Thomas Gately the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said John demands Judgement and his damages for the occasion of the taking and unjustly detaining of the said Cattel to him to be adjudged And the aforesaid Thomas Gateley saith That the aforesaid Plea of the said John Hunt in bar of the Avowry aforesaid pleaded iâ— insufficient in Law to bar him the said Thomas as Bayliff of the aforesaid Anthony from the just avowage of the taking of the Cattel a-aforesaid in the place in which c And that he to that Plea in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver wherefore for want of a sufficient Plea in this behalf The said Thomas demands Judgement and a return of the Cattel aforesaid together with his damages to be adjudged unto him c. And the aforesaid John Hunt in as much as he sufficient matter in Law to the aforesaid Thomas as Bayliff of the same Anthony from the just acknowleging of the taking of the Cattel aforesaid in the place aforesaid in which c. to be barred above confesseth which he is ready to aver which matter the aforesaid Thomas doth not deny nor to the same any wayes Answereth but altogether refuseth to admit the same Averment As at first demandeth Judgement and his damages by the occasion of the taking and unjustly detaining of the Cattel aforesaid to be to him adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because that the said Justices here thereof are not yet c. At which day here come aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the said Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid
and for his costs and charges to 2. pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with the Appurtenances in which c. the aforesaid time in which c. were the Soil and Freehold of the aforesaid John Kent the Son as the said John Smith above allegeth Then they assess the damages of him the said John Smith by the occasion aforesaid above his costs and charges by him about his sute in this behalf expended to 12. pence and for his costs and charges to 2. pence And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties here in the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day farther is given to the parties here until in 8. dayes of St. Michael to hear their judgment of them because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties here in 8. dayes of Saint Hillary to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises day further is given to the parties aforesaid here until from Easter-day in 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And upon this The premises being seen and by the justices here fully understood It is granted that the said William take nothing by his Writ aforesaid but be in mercy for his false clamour and the aforesaid John thereof go without day c. And that he have retorn of his Cattel aforesaid to hold for ever irreplegiable c. how c. And that the Sheriff make it appear here in 8. dayes of Saint Michael c. It is also granted That the aforesaid John recover against the said William his damages to 14. pence by the jurors aforesaid in form aforesaid assessed as also 18. pound 8. shillings and 10. pence to him the said John at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages amount in the whole to 19. pound c. Replevin Trinity Term Anno 380. Eliz. Rot. 183. in the Common-Pleas C. 1. part Bredons Case Fo. 67. Suss WIlliam Bredon and John Bredon were summoned to answer to Agnes Gardiner Widow of a Plea Wherefore they took the Cattel of the said Agnes and them unjustly detained against Gages and Pledges c. And whereupon the said Agnes by Thomas Waller her Attorny complaineth That the aforesaid William and John the 18th day of May in the yeer of the Reign of the Lady the Queen that now is the 37th at Stow-market in a certain Place called the Parkwood parcel of the Manor of Columbine hall took Cattel that is to say 15. Cowes Milch and 5. Calves of the said Agnes and them unjustly detained against Gages and Pledges until c. Whereupon she saith that she is the worse and hath damage to the value of 10. pound And thereof bringeth sute c. And the said William and John by Richard Walker their Attorny come defend the force and injury when c. And as Bayliffs of Martha Cary Widow do acknowledge the taking of the Cattel aforesaid in the place in which c. And justly c. Because they say That the same place in which it is supposed the taking above to have been made doth contain and at the time of the taking of the Cattel aforesaid did contain in it self 8. Acâ—es of Lands with the appurtenances in Stow-market aforesaid and that long before the aforesaid time in which c. One John Gardiner Gent. was seized of and in the Manor of Collumbine hall otherwise Thorney Collumbers with the appurtenances in the County aforesaid whereof the aforesaid 8. Acres of Land with the appurtenances in which c. are and the aforesaid time in which c. And also from the time whereof the Memory of Man is not to the contrary were parcel in his demesn as of Fee and he being thereof so seized A Fine was levied in the Court of the Lady the Queen that now is of the Bench here that is to say at Westminster in 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said Lady the Queen of the Bench here and other the said Queens faithful people here then present Between Edmond Cary Knight and Robert Cary Esquire Plaintiffs and VVilliam Cary Esquire the aforesaid John Gardiner and the said Agnes now Plaintiff then the Wife of the said John and George Totty Gentleman and Elizabeth his Wife by the names of VVilliam Cary Esquire Iohn Gardiner Gentleman and Agnes his Wife George Totty Gentleman and Elizabeth his Wife Deforceants of the Manor aforesaid with the appurtenances whereof c. And of 10. Messuages 10. Cortages 10 Barns one Dove-house 20. Cartilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath the Rent of 1. pound of Wax and 4. Capons 30. shillings of Rent with the appurtenances in Stow market Newton Gipping and One House As also of the view of Frank Pledge in Stow-market Newton Gipping and One House By the names of the Manors of Collumbine hall otherwise Thorney Collumâ—bers with the appurtenances and of 10. Messuages 10. Cottages 10. Barns one Dove house 20. Curtilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath 30. shillings of Rent of the
his Writ aforesaid but be in mercy for his false clamour c. And the aforesaid Thomas go thereof without day c. And that he have retorn of the Cattel aforesaid to be kept by him irreplegible for ever And how c. The Sheriff make it here appear in 8. dayes of Saint Michael c. It is also granted That the aforesaid Thomas recover against the said Iohn his damages aforesaid by the Jurors in form aforesaid assessed as also 11. pound and 9. shillings and 6. pence to the said Thomas at his request for his costs and charges aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 12. pound REPLEVIN Michaelmass Term Anno 27. and 28. Eliz. Rot 1739. in the COMMON PLEAS Co. 4. part Cornwal Bevils Case fol. 6. a. NIcholas Francis was Attached by the Writ of the Lady the Queen of Second Deliverance to answer to Walter Parker of a Plea wherefore he took the Cattel of him the said Walter and them unjustly detained against Gages and Pleges c. And whereupon the said Walter by Francis Eyrman by his Attorny complaineth That the aforesaid Nicholas the 30th day of October in the yeer of the Reign of the Lady the Lady the Queen that now is the 15th at Tallan in a certain place called Newton took the Cattel that is to say Two Oxen of him the said Walter and them unjustly deteined against Gages and Pledges until c. whereupon he saith that he is the worse and hath damage to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Nicholas by William Leigh his Attorny cometh and defendeth the force and injury when c. And as Bayliff of John Bevill Esquire doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the same place called Newton in which it is supposed the taking of the Cattel aforesaid to be done doth contain and the time of the taking of the Cattel aforesaid supposed to be done did contain in it self 20. Acres of Land with the Appurtenances in Tallon aforesaid and that long before the aforesaid time in which c. One Robert Smith the Elder Esquire was seized of the said 20. Acres of Land with the Appurtenances in his demesn as of Fee and held the said 20. Acres of Land with the Appurtenances of the aforesaid John Bevill as of his Manor of Kalâ—gath in the County aforesaid by Knights Service that is to say by Homage Fealty and Escuage to the Lady the Queen when it should happen â—2 shillings And when more more and when lesse lesse and also by the Service of doing Sute at the Court of him the said John at his Manor aforesaid twice by the yeer that is to say once within a Moneth next after the Feast of Saint Michael the Archangel and again within a Moneth next after the Feast of Easter every yeer at that Manor holden of which Services the aforesaid John Bevill was seized by the Hands of the aforesaid Robert Smith the Elder as by the Hands of his very Tenant that is to say of the Homage Fealty Escuage and Sute of Court as of his Fee and Right And that afterwards the aforesaid Robert Smith the Elder dyed of the aforesaid 20. Acres of Land with the Appurtenances seized After whose death the aforesaid 20. Acres of Land with their Appurtenances discended to one Robert Smith Son and Heir of the aforesaid Robert Smith By which the said Robert Smith the Son before the time in which c. in the aforesaid 20. Acres of Land with the Appurtenances entred and was thereof seized in his demesn as of Fee And because the Homage of the aforesaid Robert the Son the aforesaid time in which c. to the aforesaid John Bevill behinde not done the said Nicholas as Bayliff of the said John Bevill doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for that Homage so undone in the Lands of the said John in form aforesaid holden c. And upon the aforesaid Robert the Son as upon the very Tenant of the aforesaid John Bevill and within his Fee and Lordship And the aforesaid Walter saith That long before the said time of the taking of the Cattel aforesaid done The sâ—id Robert Smith was seized of the aforesaid 20. Acres of Land with the Appurtenances in Tallon aforesaid called Newton in his demesn as of Fee And so thereof being seized before the time of the taking aforesaid done thâ—t is to say the 24th day of January in the yeer of the Reign of the said â—â—dy the Queen that now is the 13th at Tallon aforesaid Leased the afore 〈◊〉 20 Acres of Land with the Appurtenances to him the said Walter To have to the said Walter his Assigns from the aforesaid 24th day of January in the yeer afores unto the end of the Term of 5. yeers then next following to be compleat and ended By virtue of which Lease the said Walter into the aforesaid 20. Acres of Land with the Appurtenances entred and was and yet is thereof possessed the Reversion thereof after the Term aforesaid ended to the aforesaid Robert Smith the Son and his Heirs expectant Without which Robert the Son the said Walter cannot answer to the avowry aforesaid of the said Nicholas nor the Plea thereof bring into Judgement And prayes aid of the aforesaid Robert Smith the Son who is present herein Court in his proper person and willingly joynes himself in aid against the aforesaid Nicholas in the Plea aforesaid c. And upon this as well the said Walter as the aforesaid Robert Smith the Son who c. say that the aforesaid Nicholas for the reason before alleged ought not avow the taking of the Cattel aforesaid to have been just For by Protestation that the aforesaid Robert Smith the Son did not hold the aforesaid 20. Acres of Land with the Appurtenances called Newton in Tallon aforesaid of the aforesaid J. Bevill as of his Manor of Keligath by Knights Service that is to say by Homage Fealty and Escuage to the Lady the Queen when it should happen 42. shillings and to more more and less less c. As also by the Service of doing Sute at the Court of the said John Bevill of his Manor aforesaid twice by the yeer that is to say once within one Moneth after the Feast of St. Michael the Archangel and again within one Moneth after the Feast of Easter every yeer at that Manor to be holden as the aforesaid Nich. above hath alleged For Plea he saith That the aforesaid John Bevil never was seized of the aforesaid Services as the said Nicholas above hath alleged And this they are ready to aver Wherefore in as much as the said Nicholas above acknowledgeth the taking of the Cattel aforesaid in the aforesaid place
the death of every Tenant of the said 3. Acres of Pasture with the appurtenances in which c. dying thereof seised the best Beast which should be of such Tenant at the time of his death in the name of a Heriot of which services the aforesaid John Talbot was seised by the hands of the aforesaid John Chapman the Father as by the hands of his very Tenant that is to say of the Fealty and sute of Court aforesaid as of Fee and right and of the Heriot aforesaid in his demesn as of Fee And the said John Chapman the Father of the three Acres of Pasture with the appurtenances in which c. in his demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. At Albrighton aforesaid of such his Estate dyed thereof so seised And the said John Pendleton further saith That the aforesaid John Chapman the â—â—ther at the time of his death at Albrighton aforesaid was possessâ—d oâ— an Ox of the price of 100 shillings as his proper Ox which Ox was the best Beast of the aforesaid Iohn Capman the Father at the time of his death whereupon sell the Heriot thereof to the aforesaid Iohn and because the Heriot aforesaid after the death of the aforesaid Iohn Chapman the Father thâ— said time in which c. was behind not delivered the said said Iohn Pendleton as Bayliff of the aforesaid Iohn Talbot doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. for the Heriot aforesaid not delivered as within his Fee and Lordship c. And the said Iohn Chapman now Plaintiff saith That the aforesaid Iohn Pendleton as Bayliff of the aforesaid Iohn Talbot in the cause above before alleged ought not avow the taking oâ— the Cattel aforesaid to be just Because he saith That long beâ—ore the aforesaid time of the taking aforesaid done and before the aforesaid Iohn Chapman the Father had any thing in the said 3. Acres of Pasture with the appurtenances in which c. One â—ohn â—arny was seised of a Messuage and of half a Yard Land of Meadow and Pasture with the appurtenances conteining by estimation 50. â—cres in Albrighton aforesaid whereof the said 3. Acres of Pasture with their appurtenances in which c. were parcel in his demesn as of Fee and the said Messuage and one half Yard of Land Meadow and Pasture wholy with the appurtenances whereof c. held of the aforesaid Iohn Talbot as of his Manor of Albrighton aforesaid by Fealty and doing sute at the Court of the said Iohn Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor yearly to be holden as also by the service of rendring after the death of every Tenant of the said Messuage and half Yard Land of Meadow and Pasture wholy with the appurtenances whereof c. dying thereof seised the best Beast that was to such Tenant at the time of his death in the name of a Heriot And the said John Barny of the Messuage and half Yard Land of such Meadow and Pasture with the appurtenanceâ— wholly in form aforesaid being seised long before the time of the taking c. that is to say the first day of May in the yeer of the Reign of the Lady the Queen that now is the 32th of the said 3. Acres of â—and parcel of the aforesaid half Yard Land of Land Meadow and Pasture with the appurtenances whereof enfeoffed the aforesaid â—ohn Talbot To have and to hold to the said John Talbot his Heirs and Assigns for ever By vertue of which Feoffment the aforesaid Iohn Talbot was and yet is seised of the aforesaid 3. Acres of Lands parcel c. in his demesn as of Fee and he the said Iohn so being thereof seised and the aforesaid Iohn Barny of the Messuage aforesaid and the rest of the aforesaid half yard-Yard-Land of Meadâ—w and Pasture with the Appurtenances whereof c. in form aforesaid being seised The said Iohn Barny afterwards and before the time of the taking aforesaid done that is to say the first day of May in the yeer of the Reign of the said Lady the Queen that now is the 36th of the aforesaid 3. Acres of Pasture with the appurtenances in which c. Enfeoffed the aforesaid Iohn Câ—apman the Father and his Heirs for ever By virtue of which Feoffment the said Iohn Chapman the Father was seised of the said 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and so thereof being seised the said Iohn Chapman the Father after and before the time of the taking c. At Albrighton aforesaid of such his Estate of and in the same 3. Acres of Pasture with the appurtenances in which c. dyed thereof seised after whose death the said 3. Acres of Pasture with their appurtenances in which c. discended to the said Iohn Chapman now Plaintiff as Son and Heir of the said Iohn Chapman the Father By which the said Iohn Chapman now Plaintiff into the 3. Acres of Pasture with the appurtenances in which c. entred and was and yet is thereof seised in his demesn as of Fee and so thereof being seised The said Iohn Chapman the now Plaintiff before the time of the taking c. put his Cattel into the aforesaid Place in which c. to eat the Grass in the same then growing as it was lawful for him to do which Cattell were in the place aforesaid in which eating the Grass there growing untill the said Iohn Pendleton the aforesaid second day of September in the yeer of the Reign of the Lord the King that now is the 6th abovesaid at Albrighton aforesaid in the afores place called Bromley VVake the Cattel of him the said Io. Chapman aforesaid them unjustly deteined against Gages and Pledges untill c. as he above against him complaineth this he is ready to aver wherefore in as much as the aforesaid Iohn Pendleton the taking of the Cattel aforesaid in the aforesaid place in which c. to Barr and that he to that Plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bound to answer wherefore for want of a sufficient Plea in Barr in this behalf the said Iohn Pendleton demands Judgement and Return of the Cattle aforesaid together with his damages to be adjudged unto him And the aforesaid Iohn Chapman now Plaintiff in as much as he sufficient matter in Law to Bar the aforesaid John Pendleton from justly avowing the taking of the Cattel aforesaid in the place in which c. above hath alleged which he is ready to averr which matter the aforesaid John Pendleton doth not deny nor to the same any wayes answereth but refuse to admit the same averment as at first demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the same Cattel to
be to him adjudged c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties c. REPLEVIN Trinity Term Anno 6 to of King James Rot. 1611. in the COMMON-PLEAS C. 9. part Henry Conneys Case BArtholmew Colpit was summoned to answer to Iohn Crane of a Plea wherefore he took the Cattel of the said John and them deteined against Gages and Pledges and whereupon The said Iohn by Thomas Ganton his Attorney complaineth that the aforesaid Bartholmew the 19th day of October in the yeer of the Reign of the Lord the King that now is the 5th at Fidde St Giles in a certain place there conteining in it two Acres of Pasture the Cattel that is to say 3. Steers of the said Iohn c. them unjustly deteined against Gages Pledges untill c. whereupon he saith he is the worse and hath damage to the value of 20. pound and thereof bringeth sute c. And the aforesaid Bartholmew by William Dany his Attorney cometh and defendeth the force and injury c. and as Bayliff to Iohn Welby Esquire doth well acknowledge the taking of the Cattel aforesaid in the place in which c. and justly c. Because he saith that the said place in which it is supposed the taking of the Cattel aforesaid to be done doth contein aforesaid time in which it is supposed the aforesaid taking to be done did contein in it self 2. Acres of Pasture with the appurtenances in Fidde Saint Giles aforesaid lying there in a certain Field called South graftfield neer the Lands foot of Richard Welby Gent. sometimes Richard Delaland on the part of the North and the Kirkland on the part of the West and that one Henry Conny Esquire before the time in which was seised of the aforesaid 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee and held the same of one William Stermin Esquire as of his Manor of Richards with the Appurtenances in Tidde St. Giles aforesaid by Fealty and the Rent of 13d yeerly at the Feast of Saint Michael the Archangel to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon seasonable warning at the Manor aforesaid to be holden Of which Services the said William Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say Of the Fealty and Sute of Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee Of which Manor with the Appurtenances the aforesaid William Stermin was seised in his demesn as of Fee and so thereof being seised the aforesaid William Stermin before the time in which c. Of the aforesaid Manor with the Appurtenances the aforesaid John Welby enfeoffed To have and to hold to the said Joh. Welby his Heirs Assigns for ever To which Feoffment by the aforesaid VVilliam Stermin to the aforesaid John VVelby in form aforesaid made the aforesaid Henry Conny afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of Lord the King that now is the first then of the aforesaid two Acres of Lands with the Appurtenances in form aforesaid being seised at Fidde St. Giles aforesaid attorned By colour of which Feoffment and attorment aforesaid The said John VVelby was and yet is seised of the Manor aforesaid with the Appurtenances in his demesn as of Fee and because 40. shillings and 4 pence of the Rent aforesaid for 4. whole yeers was at the Feast of St. Michael the Archangel in the yeer of the Reign of the Lord the King that now is the 5th and after the Attornment aforesaid in form aforesaid had to the aforesaid John Welby the aforesaid time in which c. behind not paid The said Bartholmew as Bayliff of the aforesa Jo. Welby doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which for the aforesaid 4. shillings and 4. pence of the Rent aforesaid so being behind and justly c. as within his Fee and Lordship And the aforesaid John Crane saith That the aforesaid Bartholmew as Bayliff of the said John Welby for the cause above alleged the taking of the Cattel aforesaid in the aforesaid place in which ought not avow to be just Because by Protestation that the aforesaid Henry Conny held not the aforesaid 2. Acres of Land with the Appurtenances of the aforesaid William Stermin as of his Manor of Richards aforesaid by Fealty and the Rent of 13. pence for every yeer at the Feast of Saint Michael to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. Weeks to 3. Weeks upon reasonable warning at that Manor to be holden as the said Bartholmew above hath alleged And for Plea he saith That the aforesaid Henry before the time of the taking aforesaid done at the time of the taking c. was yet is seized of the aforesaid 2. Acres of Pasture with their Appurte in his demesnas of Fee held the same of Martin by Divine Providence then Bishop of â—ly as of his Manor of Fidde St. Giles with the Appurtenances in Fiddy Saint Giles aforesaid by Fealty only for all Services Without that that the aforesaid Henry at Fidde Saint Giles aforesaid to the aforesaid John Welby attorned Tenant in manner and form as the said Bartholmew above hath alleged And this he is ready to aver Wherefore for as much as the aforesaid Bartholmew the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John demandeth Judgement and his damages by the occasion of taking of the said Cattel to be to him adjudged c. And the aforesaid Bartholmew as at first saith That the said Henry did attorn Tenant to the aforesaid John Welby in manner and 〈◊〉 as the said Bartholmew above hath alleged And oâ— this puts 〈…〉 lf upâ—â— the Country and the said John likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. Because as well c. And afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and William Daniel Knight one of the Justices of the Lord the King of the Bench aforesaid Justices of the said Lord the King to Assizes in the County of Cambridge to be taken assigned by the â—orm of the Statute c. this turn associated the presence of the aforesaid William Daniel not expected by virtue of the Writ of the said Lord the
be taken and seized And the aforesaid Henry Hobert Attorny General of the said Lord the King that now is who c. As to the said Plea of the aforesaid John Hele and Warwick Helc by them above in form aforesaid pleaded for the said Lord the King saith That that Plea and the matter therein conteined is not sufficient in Law to maintain That the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph ought not to be revoked and annulled or that the Manor aforesaid with the Appurtenances into the hands of the said Lord the King that now is ought not to be seized To which Plea in manner and form aforesaid pleaded The said Attorny General for the said Lord the King needeth not nor by the Law of the Land is bound to Answer And this he is ready to aver Wherefore for want of a sufficient Plea of the said John Hele and Warwick Hele in this behalf The said Attorny General for the said Lord the King demandeth Judgement and that the said Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled And the Manors aforesaid with the Appurtenances be taken and seized into the Hands of the Lord the King c. Upon which the aforesaid Henry Lindley saith That the Plea of the aforesaid Attorny General for the said Lord the King that now is to the Plea of the said Henry Lindley above by Replication pleaded and the matters therein conteined are not sufficient for him the said Henry Lindley to say That there is not any such Record of any such Act of parliament of the aforesaid late King Edward the 3d. made as in the aforesaid Writ of Scire Facias thereof is recited and specified Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid made as in the aforesaid Writ of Scire Facias thereof above is recited and specified to Bar And that the said Henry Lindley to that Plea in manner aforesaid by Replication pleaded needeth not nor by the Law of the Land is bound to rejoyn And this he is ready to aver Wherefore for want of a sufficient Replication in his behalf the said Henry Lindley as at first demandeth Judgement If the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made ought to be annulled or the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances or any of them ought to be taken seized into the hands of the Lord the King that now is And the aforesaid John Hele and Warwick Hele for themselves say that in as much as they sufficient matter in their plea aforesaid by them above pleaded have alleged that is to say the aforesaid seisin of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Tauuton Treloâ—ia and Landalph with the Appurtenances in her demesn as of Fee in the right of her Crown of England and the grant aforesaid by the aforesaid Letters Patents of the said late Queen and the rest of the Matters by them above pleaded which the aforesaid John Hele and Warwick are ready to aveâ— which matter the aforesaid Attorny General of the Lord the King that now is doth not deny nor to the same any waies answereth but the same averment to admit altogether refuseth as at first demand Judgment if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made ought to be revoked and annulled or the said Manors with the Appurtenances or any of them in the hands of the said Lord the King that now is ought to be taken or seised And farther for the better information and to more fully inform the said Lord the King that now is and the Court here of the State of the said Lord the King that now is to the aforesaid Dutchy of Cornwall and to other Manors to the said late Dutchy any maner of way belonging or annexed or part or parcel thereof The said John and Warwick say that in the Statute in Parliament of the Lord Henry late King of England the 7th held at Westminster in the County of Middlesex the 7th day of November in the first yeer of his Reign made amongst other things ordayned It was enacted and established by authority of Parliament that the said Lord King Henry the 7th should have hold enjoy and possess to him and his Heirs for ever from the 21th day of August then last past the aforesaid Dutchy of Cornwal and all and singular Honors Castles Lordships Manors Lands Tenements Rents Reversions Services Poffessions Advowsons and other Hereditaments with all and singular their members and appurtenances to the aforesaid Dutchy belonging and appertaining or which were belonging annexed reputed or taken parcel of the same any time of the Reigns of Henry the 6th Edward the 4th late Kings of England in as ample and large manner with all liberties Franchises and other things to the same belonging in like manner form and condition as the aforesaid Kings or either of them had held occupied used or enjoyed or had held occupied was used and enjoyed in the same in any time during the said Kings Reigns as in the Statute aforesaid in the yeer of the Reign of the aforesaid late King Henry the 7th the first abovesaid amongst other things it is more fully contained and appeareth By which the said King James now King was and yet is seised of the rest of the Manors Lands and Tenements to the aforesaid Dutchy of Cornwall belonging by the aforesaid late Queen Elizabeth not aliened in his demesn as of Fee in the Right of his Crown of England whereupon they pray that the Court here take knowledge and notice of the aforesaid Statute in the yeer of the Reign of the aforesaid late King Henry 7th the first abovesaid made and of the aforesaid Statu te of the said Lord the King that now is to the rest of the Manors Lands Tenements and Hereditaments to the aforesaid Dutchy of Cornwal belonging they would take and accept c. And the aforesaid Henry Hobert Attorny General of the aforesaid Lord the King that now is who c. as to that whereupon the aforesaid Henry Lindley above demurreth in Law in as much as he sufficient matter in Law for the said Lord the King to bar the aforesaid Henry Lindley from saying that there is not any such record of any such Act of Parliament of the aforesaid late King Edward the 3d. made nor any such Record of the aforesaid Charter by the said late King Edward the 3d. by authority of Parliament aforesaid made as in the aforesaid Writ of Scire Facias
is the worse and hath damages c. to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Rowland by William Evering his Attorny cometh and defendeth the force and injury when c. and as to the force and armes saith that he is in nothing thereof guilty And as to the rest of the Trespas aforesaid supposed to be done the said Rowland saith That the aforesaid Arthur his Action thereof against him ought not to have Because he saith That the Close aforesaid as also the place in which it is supposed the Trespasse aforesaid to be done and the time aforesaid in which it is supposed the same Trespasse to be done were 20. Acres of Pasture with their Appurtenances in Stokefaston aforesaid called New-Close and that before the time in which c. One Christopher Corbet Esquire Father of the aforesaid Rowland and Arthur was seized of the Manor of Stokefaston with the Appurtenances in the County aforesaid whereof the aforesaid 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. As also time whereof the Memory of Men is not to the contrary were parcel in his Demesn as of Fee And so thereof being seized The said Christopher before the time in which c. that is to say the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th at Stokefaston aforesaid By a certain Indenture made between him the said Christopher By the name of Christopher Corbet of Stokefaston in the County of Leicester Esquire of the one part and Richard Slade Henry Allin Thomas Hunt and George Noon Gentleman of the other part One part of which sealed with the Seal of the said Christopher the said Rowland brings here in Court whose date is the same day and yeer It is witnessed That the aforesaid Christopher Corbet for and in consideration of Fatherly Love Zeal and Affection which he the said Christopher Corbet bore to the aforesaid Rowland Corbet Eldest Son of the said Christopher and for his Preferment and Advancement and for the Promotion Preferment and Establishment of Living of the said Rowland and the Heirs of his Body lawfully issuing And for and in consideration of Fatherly Love Zeal and Affection which the said Christopher bore to the said Arthur Corbet his other Son and for his Preferment and Advancement of Living And also for and in consideration of the great Love and Affection and Favour which he the said Christopher bore to Francis Corbet Son of Humphry Corbet late of Ratley in the County of Warwick Gentleman deceased his near Cosin and Kinsman and for his Preferment and Advancemement And also for the Establishment Preservation and Continuance of all and singular the Manors Lands Tenements Possessions and Hereditaments whatsoever of him the said Christopher within the Kingdom of England then after in the same Indenture mentioned or contained in the Name and Blood of the aforesaid Christopher and for other good and just causes and considerations him the said Christopher moving By the same Indenture for him and his Heirs Covenanted Granted Condescended and Agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators and to and with every of them in manner and form after in the said Indenture mentioned That is to say That he the said Christo Corbet his Heirs and Assigns And all and every other person or persons their Heirs and Assigns who then stood or were seized or which from hence forth for ever should stand and be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances in the County of Leicester of and in all other Messuages Lands Tenemnets and Hereditaments whatsoever of the aforesaid Christo Corbet in the said County of Leicester of which he the said Christopher Corbet then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence forth afterwards should stand and be seized of and in the aforesaid Manor of Stokefaston and all and singular other the premises with their Appurtenances whatsoever to the uses behoofs intentions or purposes That is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances and other the premises whatsoever with their Appurtenances in the aforesaid County of Leicester unto the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any Waste and after the decease of the said Christopher Corbet Then of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester And of and in all other Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher Corbet whatsoever with all singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher Corbet had any Estate of Inheritance in Fee Simple in possession Reversion or Remainder To the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male to the use of the aforesaid Arthur Corbet the Heirs Males of his Body lawfully begotten for default of such issue male then to the use of the aforesaid Francis Corbet Son of the aforesaid Humph. Corbet deceased the Heirs Males of the Body of the aforesaid Francis lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the said Arthur lawfully begotten and for default of such Heirs Then to the use and behoof of the Right Heirs of the said Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th Of transferring of uses into possession holden made and provided The aforesaid Christopher Corbet was seized of the aforesaid Manor of Stokefaston with the Appurtenances amongst other things in his Demesn as of Free hold for the term of his life the Remanider thereof in form aforesaid expectant And the said Christopher so thereof being seized The said Christopher afterwards and before the aforesaid time in which c. that is to say the last day of May in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to
say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid And the aforesaid Arthur Corbet claiming the Manor aforesaid with the Appurtenances whereof c. of a certain deed of Demise to him thereof made for the term of his life by the aforesaid Christopher the Father long before the making of the Indenture aforesaid between the aforesaid Christopher and the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon whereas nothing of the Manor aforesaid with their Appurtenances whereof c. in possession of the said Authur by that deed ever passessed into the aforesaid 20. Acres of Pasture with the Appurtenances in which c. before the aforesaid time in which c. entred and was thereof possessed upon whose possession thereof of the said Arthur the said Rowland afterwards that is to say the aforesaid time in which c. into the said 20. Acres of Pasture with the Appurtenances re-entred and the Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances broke and the grasse there then growing with his Cattel aforesaid did eat tread and consume as it was lawful for him to do And this he is ready to aver Wherupon he demandeth Judgement if the aforesaid Arthur his Action aforesaid against him ought to have Because he saith That well and true it is That the aforesaid Christopher was seized of the aforesaid Mannor of Stokefaston aforesaid with the Appurtenances whereof the said 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. as also from the whole time aforesaid were parcel in his Demesn as of Fee And so thereof being seized the aforesaid 12. day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid by the said his Indenture for the causes and considerations abovesaid in the said Indenture specified for him and his Heirs covenanted granted condescended and agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators to and with every of them in manner and form in the said Indenture mentioned that is to say That the said Christopher Corbet his Heirs and Assigns and all and every other person and persons their Heirs and Assigns which then stood and were seized or from then after should stand or be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all the aforesaid other Messuages Lands Tenements and Hereditaments whatsoever of the aforesaid Christopher Corbet in the said County of Leicester of which the said Christopher Corbet then had any estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence after should stand and be seized of and in the aforesaid Manor of Stokefaston and all the aforesaid other premises with their Appurtenances whatsoever to the aforesaid uses behoofâ— intentions and purposes and upon and under those Provisions Limitations and Conditions in such manner and form as afterwards in the said Indenture are named limited mentioned or should be directed and unto none other use uses behoofs intents or purposes that is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester To the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any manner of Waste and after the decease of the said Christopher Corbet of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all other the aforesaid Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher whatsoever with all and singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder to the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue to the use of the aforesaid Arthur Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male Then to the use of the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased and the Heirs Males of the Body of the said Francis lawfully begotten and for default of such Heir then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heir to the use of the Heirs of the Body of the aforesaid Arthur Corbet lawfully begotten and for default of such Heir to the use behoof of the Right Heirs of the aforesaid Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also by force of the Act aforesaid of transferring of uses into possession the aforesaid Christopher was seized of the aforesaid Manor of Stokefaston with the Appurtenances whereof c. amongst other things in his Demesn as of Free Hold for the term of his Life the Remainder thereof in form aforesaid expectant And the said Christopher being thereof so seized The said Christopher afterwards and before the time in which c. that is to say the aforesaid last day of May in the yeer of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid as the aforesaid Rowland above hath alleged But the said Arthur further saith That by the Indenture aforesaid It was Conditioned Covenanted granted and agreed by and between the parties aforesaid to the said Indenture That if when and so often as the aforesaid Rowland Corbet or any the Heir Males of his Body begotten or to be begotten Or the aforesaid Arthur Corbet or any the Heirs Males of his Body lawfully begotten or to be begotten Or the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased or any the Heirs Males of his Body lawfully begotten or to be begotten should be fully and finally resolved and determined and advisedly determinatly and effectually devised concluded and agreed or should enter into any Communication Promise and Covenant whatsoever or advisedly and effectually should attempt procure go about or should assent to or for any Act or Acts thing or things for or concerning any Bargain Sale Discontinuance Alienâ—tion Conveiance or Assurance to be had and made of any of the aforesaid Manors lands Tenements and Hereditaments intailed or intended or mentioned to be intailed or of any of them or of any part or parcel of them whereby
all and singular the said Mannors except before excepted and that the said Writ shall be brought and sued against him the said Edward Shelley of all and singular the said Manors and Premises except before excepted by the name of the Manor of Worminghurst Barhamwick and Fyndon with the Appurtenances and by the name of 30 Messuages 10. Tofts one Water-mill 2. Culver-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Firzes and Heath and eight pound 10 s. of Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wyginholt Storington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley and of the Advowson of the Church of Worminghurst and that the said Recovery had of all and singular the premises shall be suffered and had to the uses profits behoofs and intents hereafter specified and declared and to note other use or intent That is to say Of the said Mannor of Fyndon with the Appurtenances except the Park of Fyndon and except also all those Lands Tenements and Hereditaments in Fyndon aforesaid called or known by the name ef the Park of Fyndon the said Recovery thereof shall stand and be to the only use profit and behoof of him the said Edward Shelly and of the Heirs males of his body lawfully to be begotten and for lack of such issue to the use profit and behoof of the heirs Males of the body of John Shelley Esquire sometimes of Michael Grove deceased Father of the said Edward and of the heirs Males of the body of the said heirs Males lawfully begotten and for lack of such Issue to the use and behoof of the right Heirs of the said Edward Shelley for ever And of the said Manors of Worminghurst and Barhamwick with the Appurtenances and of the said Park of Fyndon and of all the said Lands Tenements and Hereditaments called or known by the name of the Park of Fyndon and of all and singular other the premises with the Appurtenances comprised or to be comprised in the said Writ of Entry and in the said recovery it is granted condescended and agreed between the said parties and the said Edward Shelley covenanteth granteth That the said Recovery thereof shall be suffered and had to the only use profit and behoof of them the said Edward Shelley and his Assigns for and during the term of the life natural of the said Edward Shelley without impeachment of or for any manner of waste and after the decease of the said Edward Shelley then to the only use profit and behoof of John Carrel and John Apsley of Thackham Esquires and Edward Darkenold of Slynford in the said County of Sussex Yeoman and of their Executors and Assigns for and during the term of 24. years next ensuing after the decease of the said Edward Shelley and after the 24. years ended then to the only use profit and behoof of the Heirs Males of the body of the said Edward Shelley lawfully begotten and for lack of such issue then to the use profit and behoof of the Heirs Males of the body of the said John Shelley sometimes of Michael Grove Esquire deceased father unto the said Edward Shelley and to the Heirs Males of the body of the said Heirs Males last before rehearsed lawfully begotten and for lack of such issue to the use profit and behoof of the right heirs of the said Edward Shelley for ever And the said Edward Shelley further Covenanteth Promiseth and granteth to and with the said Richard Cooper and William Martin That he the said Edward Shelley shall and will from time to time do suffer procure make and acknowledge and cause to be had done suffered procured and acknowledged at his own proper costs and charges All and every such act and acts thing and things as shall be devised or avised by the said Richard Cooper and William Martin or the survivor of them as well for the said recovery to be perfectly surely and lawfully had and executed of all and singular the said Mannors Lands Tenements and Hereditaments with the Appurtenances by the said Richard Cooper and William Martin to the uses purposes and intents in these Indentures specified declared and contained as also for the further surety establishment execution perfecting and continuance of all and every the said uses estates and other the premises to be and go according to the Covenants promises Articles and Agreements in these present Indentures contained In witness whereof the parties abovesaid to these present Indentures interchangeably have set their Seals the day and year first abovesaid And the Jurors aforesaid further say upon their Oath That the Tenements aforesaid in the Indenture aforesaid excepted are not the Lands Tenements in the Declaration abovesaid specified And that the aforesaid Edward Shelley so being thereof seized The aforesaid Richard Cooper and William Martin the 20th day of September in the year of the Reigns of the said late King and Queen the first and second abovesaid out of the Court of the said late King and Queen of their Chancery at Westminster in the County of Middlesex sued forth a Writ of the said late King and Queen to the then Sheriff of Sussex directed against the said Edward Shelley By which Writ it was commanded the said Sheriff of Sussex That he command the aforesaid Edward Shelley that justly and without delay he render to the aforesaid Richard Cooper and William Martin the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill two Dove houses thirty Gardens 400. Acres of Land 60. acres of Meadow 400. acres of Pasture 120. acres of Wood 500. acres of Firzes and Heath and 8 l. 10 s. Rent with the appurtenances in Fyndon Wominghurst Barhamwick Patching Estangmering Westangmering Wighenhold Storington Ashington Greensted Ashurst Stering Weston Thackham and Shipley And also the Advowson of the Church of VVarminghurst which he claimeth to be his Right and Inheritance And in which the said Edward had not Entry But after Disseisin with Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past as they said And whereupon they complained That the aforesaid Edward them Deforced c. And unlesse he should do it And the aforesaid Richard and William him the said Sheriff secured for the prosecuting of his claim Then he summon the aforesaid Edward that he be before the Justices of them the said late King and Queen at Westminster in 8. dayes of Saint Michael then next insuing to shew wherefore he had not done it and to have there the Summons the Writ aforesaid At which 8. dayes after Saint Michael before the Justices of the said late King and Queen come the aforesaid Richard Cooper and William Martin by John Bish their Attorny And the Sheriff that is to say Thomas Saunders Knight retorned that Richard and William found to
now is the 6th abovesaid by his deed sealed with his Seal and to the Jurors aforesaid shewed in Evidence whose date is the said 6th day of July aforesaid of the Manor aforesaid with the Appurtenances whereof c. Enfeoffed the aforesaid John Chichester To have and to hold the said Manor with the Appurtenances whereof c. To the said John Chichester his Heirs and Assigns for ever to the only use and behoof of the said John Chichester his Heirs and Assigns for ever And by the said deed aforesaid The said Christopher granted for him and his Heirs That he and his Heirs the Manor aforesaid with the Appurtenances whereof c. to the aforesaid John Christopher his Heirs and Assigns to the only use and behooâ— of the said John Christopher his Heirs and Assigns against all Men would warrant and defend by the said deed as by the said deed more fully appeareth By virtue of which Fefeoffment and of which aforesaid Bargain and Sale the aforesaid John Chichester was seized of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth And so living thereof seized The aforesaid Christopher Chudleigh aftewards and before the within written time in which c. that is to say the first day of October in the yeer of the Reign of the Lady the Queen that now is the 12th dyed being the aforesaid Stretchly Chudleigh Eldest Son and Heir of the said Christopher and John Chudleigh his second Son And afterwards and before the time in which c. that is to say the 7th day of November in the yeer of the Reign of the said â—ady the Queen that now is the 13th The said Stretchley Chudleigh dyed without issue of his Body begotten the said John Chudleigh Brother and Heir of the said Strechley then living and in full life being that is to say at Tawstock aforesaid in the County aforesaid And that the aforesaid John Chudleigh after the death of the aforesaid Stretchley his Brother was and yet is Heir of the aforesaid Christopher Chudleigh his Father And the said John Chudleigh of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid being seized The said John Chichester before the within written time in which c. that is to say the 6th day of September in the yeer of the Reign of the said Lady the Queen that now is the 7th of the Manor aforesaid with the Appurtenances whereof c. enfeoffed one Philip Chichester Gentleman To have and to hold the said Manor with the Appurtenances whereof c. to the said Philip Chichester his Heirs and Assigns for ever to the only use of him the said Philip Chichester his Heirs and Assigns for ever By virtue of which Feoffment the said Philip Chichester was seized of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth And that the Close aforesaid with the Appurtenances in which c. is and the within written time in which c. as also from the whole time aforesaid was customary Land of the Manor aforesaid and demised and demisable by Copy of Court Roll of the Manor aforesaid by the Lord or his Steward of the Manor aforesaid for the time being to any person or persons who were willing to take the same for Term of Life or Lives at the will of the Lord according to the Custom of the Manor aforesaid And the aforesaid PHILIP Chichester of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth c. Being seized before the time within which c. That is to say the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is the 15th At the Court of his Manor aforesaid then holden at the said Manor of Hescot aforesaid of his own delivery the Close aforesaid with the Appurtenances amongst other things to the aforesaid John Frayne granted for the Term of his Life at the Will of the Lord according to the Custom of the Manor aforesaid By virtue of which grant the said John Frayne before the time in which c. entred and was thereof seized as the Law requireth c. And so thereof being seized the said John Chudley being Heir as before is said of the aforesaid Christopher Chudleigh before the within written time in which c. That is to say the 11th day of March in the yeer of the Reign of the Lady the Queen that now is the 28th in the Manor aforesaid with the Appurtenances whereof c. in and upon the possession of the aforesaid Philip Chichester thereof entred and was thereof possessed as the Law requireth c And so being possessed before the within written time in which c. that is to say the 11th day of March in the yeer of the Reign of the said Lady the Queen that now is Of the Manor aforesaid with the appurtenances whereof enfeoffed the aforesaid William Dillon To have and to hold that Manor with the Appurtenances whereof to the said William Dillon his Heirs and Assigns for ever By virtue of which Feoffment before the time in which c. The said William Dillon into the Close aforesaid with the Appurtenances in which c. in and upon the possession of the said John Frayne thereof entred and him the said John Frayne from his possession thereof expelled and amoved and was thereof seized as the Law requireth until the aforesaid John Frayne the within written 16th day of November into the Close within written with the Appurtenances in which c. in and upon the possession of the said William Dillon thereof entred and the Grasse then and there growing with the Gattel within written fed trod and consumed and continued the same from the aforesaid 16th day of November in the 29th yeer aforesaid until the within written 8th day of February the 30th yeer within written But whether upon the whole matter aforesaid in form aforesaid found the aforesaid John Frayne be guilty of the Trespasse within written or not the Jurors aforesaid are ignorant And thereupon pray the Advise and Discretion of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in and upon the possession of the aforesaid William Dillon thereof be not a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the said Frayne is guilty of the Trespasse within written as the aforesaid VVilliam Dillon above against him complaineth And then they assesse the Damages of the said VVilliam by occasion of that Trespasse above his costs and charges by him about his Sute in this part expended to 4. pence And for his costs and charges to 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here
assembled That the said late King should have hold possess and enjoy to Him his Heirs and Successors all and singular such late Monasteries Abbies Priories Nunneries Colledges Houses of Fryers and other Ecclesiastical and Religious Houses and places of what kinds natures qualities or diversities of Habits Rules Professions or Orders they or any of them were named known or called which after the fourth day of February in the year of the Reign of the aforesaid late King the 27th were dissolved suppressed renounced relinquished forfeited given up or by any other means came to his Highnese and by the same Authority and in like manner should have hold possess and enjoy all Scites Circuits Precinctts Mannors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories Appropriated Vicaridges Churches Chapels Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Commons Leets Courts Liberties Priviledges Franchises and other whatsoever Hereditaments which appertained or belonged to the said late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryers and other Religious and Ecclesiastical Houses and Places at the time of the aforesaid dissolution suppressing renouncing forfeiting giving up or by any other manner of means came to the said Kings Highnesse after the 4th day of February above mentioned And further it is Enacted by the Authority aforesaid That not only all the singular the aforesaid late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places Scites Circuits Precincts Manors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services and all the singular other the premises from thence immediatly and presently but also all other Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and all and singular other Ecclesiastical and Religious Houses which hereafter should happen to be dissolved suppressed renounced relinquished forfeited given up or by any other means came to the Kings Highnesse And also all Scites Circuits Precincts Manors Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories approprate Viccarages Churches Chapels Advowsons Nominations Patronages Hundreds Rights Interests Entries Conditions Leets Courts Liberties Privileges Franchises and other Hereditaments whatsoever were belonging or appertaining to them or any of them whersoever and as soon as they should be dissolved suppressed renounced relinquished forfeited given up or by any other means come to the Kings Highnesse should be vested and adjudged by Authority of the same Parliament in the very actual and real seisin and possession of the said late King his Heirs and Successors for ever in state and condition as then they were And as if all the said Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses so dissolved suppressed renounced relinquished forfeited given up or came to the Kings Highnesse as aforesaid as also the aforesaid Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places which then after should happen to be dissolved suppressed renounced relinquished or given up to his said Highnesse Scites Circuits Precincts Manors Lordships Grainges and other the premises whatsoever in the said Act of Parliament specially or particularly recited or expressed by expresse Names Words Faculties and in their Natures Kinds Qualities as in the said Act amongst other things more fully it appeareth And the said Jurors further say upon their Oath aforesaid That the aforesaid Monastery or Priory of Bolton aforesaid after the aforesaid 4th day of February in the 27th yeer aforesaid that is to say the 11th day of June in the yeer of the Reign of the said late King the 31th aforesaid was dissolved By Colour of which Dissolution and by force of the Statute aforesaid That aforesaid late King was seized of the aforesaid Monastery or Priory of Bolton aforesaid and of the Reversion of the aforesaid 4. acres of Land with the Appurtenances amongst other things in his Demesn as of Fee in the Right of his Crown of England And that the aforesaid Messuage and Tenement called Vngthorp and the aforesaid 4. acres of Lands with the Appurtenances in which c. At the time of the Dissolution aforesaid were parcel of the possessions of the aforesaid Monastery or Priory And the said late King so thereof being seized the 3d. day of April in the 33th yeer of his Reign By his Letters Patents sealed with the Great Seal of England to the Jurors aforesaid shewed in Evidence Gave and Granted unto Henry late Earl of Comberland all the aforesaid Tenement Messuage and Farm with the Appurtenances called Vngthorp whereof the within written 4. acres with the Appurtenances adjoyning were and yet are parcel To have and to hold to the said late Earl his Heirs and Assigns for ever By Colour of which Letters Patents The said late Earl was amongst other things seized of the Reversion of the aforesaid Tenement Messuage and Farm with the Appurtenances whereof the aforesaid 4. acres of Lands with the Appurtenances in which c. then were and yet are parcel in his Demesn as of Fee And the aforesaid Hugh and Agnes for the aforesaid Term of yeers in form aforesaid being possessed the Reversion thereof to the aforesaid Earl his Heirs expectant the aforesaid Hugh dyed of the aforesaid 4. acres of Land with the Appurtenances in which c. in form aforesaid possessed And the aforesaid Agnes overlived him the said Hugh and was of the aforesaid 4. acres of Land with the Appurtenances in which c. possessed by way of Survivor c. And the aforesaid Agnes so being thereof possessed the Reversion thereof to the late Earl in form aforesaid expectant The said late Earl made sealed and delivered a certain Indenture as his deed of the aforesaid 4. acres of Land with the Appurtenances in which c. amongst other things The Tenor of which followeth in these words This Indenture made the 10th day of September in the yeer of the our Lord God 1545. and in the seven and thirtieth yeer of the Reign of our Sovereign Lord Henry by the Grace of God King of Eng. France and Ire defender of the faith c. in the earth the supream Head of the Church of Engl. Ire Between the Right Noble Lord Henry Earl of Comberland Lord of the Honour of Shipton Lord of Westmerland and Vestion of the one part And Agnes Baldwin or Vngthorp Widow and Anthony Baldwin of the other part Witnesseth That the same Earl for the sum of 58. pound 13. shillings and 4. pence Sterling at the day of the Date hereof by the said Agnes and Anthony paid to the said Earl whereof the said Earl acknowledgeth himself to be truly contented and paid and the said Agnes and Anthony their Heirs and Executors thereof and of every part thereof to be discharged and acquitted for ever Hath Covenanted Granted and to Farm Letten and
of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Thomas and for default of such issue male of the Body of such ninth Son To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq for term of his natural life without impeachment of any wast after his decease to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Richard and for default of such issue male of such ninth Son to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight Lawfully begotten And for default of such issue male To the use of the right Heirs of the said Richard Vavasor for ever c. Provided c. And farther the Recognitors aforesaid say upon their Oath aforesaid That the aforesaid TenemeÌ„ts with the appurtenances in their view put and in the plaint aforesaid specified and in the recovery aforesaid comprized are parcel of the Mannors Lands and Tenements in the Indenture aforesaid specified and not other nor diverse But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire in form aforesaid made and had bearing date the aforesaid first day of February and first delivered the aforesaid 15th day of February in the 15th year abovesaid after the recovery aforesaid being to the uses in the same specified be good and sufficient in Law to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances or not The said Recognitors are altogether ignorant and thereof pray the advice of the Justices aforesaid and of the Court here c. And if to the same Justices and to the Court here It shall seem That the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the aforesaid Recovery in form aforesaid had and made bearing date the aforesaid first day of February and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified be good and sufficient in Law to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said Recovery of the Tenements aforesaid in view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged And that the aforesaid George Richard Coats John William Robert Thissilwood and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances as the said George Richard Coates John William Robert and Robart above have alleged And if it shall seem to the same Justices and to the Court here that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the Recovery aforesaid in form aforesaid made and had bearing date the aforesaid first day of February in the 15th yeare aforesaid after the aforesaid Recovery is insufficient in Law to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth above have alleged and that the aforesaid Thomas Dowman and Elizabeth were seised of the Tenements aforesaid in the view of the same Recognitors put and in the plaint aforesaid specified with the appurtenances in their demesn as of Fee in the right of the said Elizabeth until the aforesaid Edward Vavasor George Vavasor Richard Coates John Lawson William Musgrave Kobert Thissilwood and Robert ward them the said Thomas and Elizabeth thereof unjustly and without Judgment but not with force and Armes disseised them and then they assesse the Damages of the said Thomas Dowman and Elizabeth by occasion of the disseisin aforesaid besides their costs and charges by them about their sute in this behalf expended to 20 shillings and for their costs and charges to 10 shillings And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following c. to hear their Judgment thereof because the said Juste â—s here are not yet c. and diverse other meetings until Saturday nex after the morrow of All Souls c. Until Saturday next after the morrow of Martin c. And until Wednesday next after 8. dayes of the Holy Trinity c. At which day before the aforesaid Robert Shute and John Glench then Justices c. At the aforesaid Inn of the Justices As well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward George Richard Coats John William Robert and Robert by their Attornies come And because the Justices aforesaid here c Further day is given to the parties aforesaid before the Justices of the said Lady the Queen to take Assizes in the aforesaid County of York assigned at the aforesaid Castle of York until Monday the 6th day of August next comming c. Before which day the said Lady the Queen that now is By other her Letters Patents whose date is at Westminster in the year of her Reign the 24th the Tenor of which followeth in these words c. Elizabeth c. To our Beloved and Faithful John Clench Baron and Francis Gawdy one of her Serjants at Law Greeting Know ye c. And then follow the Letters Patents c. And because the same Justices here will farther avise themselves of and upon the premises before they give their Judgement thereof day c. Before them the said John Clench and Francis Gawdy then Justices c. At the aforesaid Inn until Saturday next after the morrow of All Souls c. At which day the aforesaid John Clench and Francis Gawdy then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not but withdrew themselves from the said Inn because before the said day for the infection of the Air and of the Plague of Men in the City of London and the Suburbs thereof as also in the City of Westminster being the Term of St. Michael which then
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
to say the 10 th day of June in the year of the Reign of the Queen that now is the 28 tâ— came into Court the said William Paynter by the aforesaid Thomas Antrobas his Attorney by a special Warrant to him made in this behalf and acknowledged That he is satisfied of the debt and damages aforesaid Therefore the said Richard of the debt and those damages be acquitted c. Trinity 27o. Eliz. Rott 1354. in the Common Pleas. Wisemans Case Co. 1. part Fol. 1. a. AT another time as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is the 27 th Rott 1056. it is conteined thus Essex ss Richard Bernard of great Braxsted in the County aforesaid Yeoman was summoned to Answer to Iohn Wiseman of a Plea that he render to him 18. pound which he oweth him and unjustly deteineth c. And whereupon the said Iohn by Apollo Playne his Attorney saith That whereas one Thomas Wiseman was seised of and in the Island of Osee with the appurtenances in great Totham in the County aforesaid in his demesn as of Fee and so thereof being seised The said Island with the appurtenances held of the Lady the Queen â—hat now is as of her Manor of East Greenwich in the County of Kent in free Socage that is to say by Fealty only The said Thomas so thereof being seised the 15 th day of October in the year of the Reign of the Queen that now is the 19 th at Great Totham aforesaid demised the one moyety of the said Island to the aforesaid Richard To have and hold the said moyety with the appurtenances to the said Richard from the feast of St. Michael the Archangel then last past untill the end and Term of 21. years from thence next following fully to be compleated Yielding and paying therfore yearly to the aforesaid Thomas his Heirs and Assigns 36. pound of Lawful Money of England at two Terms of the year That is to say at the Feast of the Nativity of Saint Iohn the Baptist and the Birth of our Lord by equal portions to be paid By virtue of which demise the aforesaid Richard in the moyety aforesaid with the appurtenances did enter and was and yet is thereof possessed and so being thereof possessed and the said Thomas of the reversion of the said moyety as of Fee and Right and of the other moyety of the Island aforesaid being seised in his demesn as of Fee the said Thomas had issue William his Son and Heir apparent and the said William had issue John his Son and Heiâ— apparent and afterwards the said William at Great Totham aforesaid dyed and the aforesaid Thomas of the Reversion of the one Moyety of the Island aforesaid of the othâ—r Moyety of the said Island with the appurtenances in form foresaid being seised The said Thomas so thereof seised the 20th day of November in the 23th year of the Reign of the Queen that now is at Great Totham aforesaid made his Testament and last Will in writing and by the same willed and bequeathed to one Thomas Wiseman his Son the said Reversion of the aforesaid Moyety of the Island aforesaid and the other Moyty of the said Island To have to him and the Heirs males of his body lawfully begotten and for default of such issue the remainder to the right Heirs of the said Thomas Wiseman the Father for ever And afterwards The said Thomas Wiseman the Father at Great Totham aforesaid dyed of such Estates of the aforesaid reversion of the one Moyety of the Island aforesaid and of and in the aforesaid other Moyety of the said Island with the appurtenances seised After whose death the aforesaid Thomas Wiseman the Son into one Moyety of the Island aforesaid entred and was thereof seised in his demesn as of Fee-tail and seised of the aforesaid Reversion of the other Moyety of the said Island as of Fee-tail that is to say to him and the Heirs males of his body lawfully begotten the reversion thereof to the said John as Cosin and Heir of the said Thomas Wiseman the Father belonging that is to say as Son and Heir of William Wiseman deceased Son and Heir of Thomas Wiseman the Father And the aforesaid Thomas Wiseman the Son so thereof being seised and the said John Cosin and Heir of the aforesaid Thomas the Father of the Reversiâ—n thereof as of Fee and Right being seised The said John the 16th day of May in the year of the Reign of the Queen that now is the 24 th at great Totham aforesaid By his Indenture baring date the same day year made between him the said John VViseman by the name of John VViseman of the Inner Temple London Gent. Cosin and next Heir of Thomas VViseman late of Norhead within the Parish of Muchwaltham in the County of Essex Esq deceased of the one party and Anthony Everard John Mead and John Sorrel by the name of Anthony Everard of the Inner Temple London Gent. Iohn Meade of Great Easton in the County of Essex Gent. and Iohn Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party and in the Court of the said Lady the Queen that now is of Pleas holden before the Queen her self within 6 Moneths then next following according to the form of the Statute in such case late had and provided in due manner of Record enrolled and of which one part with the seals of the said Anthony Iohn Meade and Iohn Sorrel Sealed the said Iohn VViseman here in Court brings whose date is the said 6 th day of May in the 24 th yeer aforesaid testifying That the aforesaid Thomas VViseman as well in consideration and to the intent That all and all manner the Manors Messuages Lands Tenements and Hereditaments with all and singular their appurtenances should and might for ever after continue remain and be at the will and good pleasure of God in the Stock Name or Bloud of the said Iohn VViseman as for divers other good causes and considerations him the said Iohn VViseman then especially moving had Covenanted and Granted for himself his Heirs Executors Administrators and Assigns To and with the said Anthony Everard Iohn Meade and Iohn Sorrel their Heirs Executors and Administrators and the Heirs Executors and Administrators of every of them by the said Indenture That he the said Iohn VViseman his Heirs and Assigns should and would immediatly from henceforth stand and be seised of and in the Reversion and Reversions Remainder and Remainders of all and singular the Manors Lands Tenements and Hereditaments before mentioned To the use of the said Iohn VViseman and the Heirs males of his body lawfully to be begotten and for default of such issue To the use of VVilliam VViseman Brother of the said Iohn VViseman lawfully begotten and for default of such issue To the use of Thomas VViseman another Brother of the said Iohn VViseman and the Heirs males of the body
of the said Thomas lawfully to be begotten And for default of such issue To the use of the Heirs of the body of VVilliam VViseman Father of the said Iohn VViseman and the Heirs of their bodies lawfully to be begotten and for default of such issue To the use of the Heirs of the body of the aforesaid Thomas VViseman deceased and the Heirs of their bodies lawfully to be begotten and for default such issue To the use of the Lady the Queen that now is and the Heirs and Successors of the said Lady the Queen Kings and Queens of this Realm of England for ever as by the said Indenture amongst other things it more fully manifest and doth appear By vertue of which Indenture and by force of a certain Act in Parliament of the late King Henry 8. at Westminster in the County of Middlesex the 4 th day of February in the yeer of his Reign the 27 th of transferring of uses in possession then holden set forth The said John VViseman was seised of the Reversion of the whole Island aforesaid as of Fee tail and right and for default of such issue the remainder to the aforesaid VVilliam VViseman Brother of the said John VViseman and the heirs males of the Body of the said VVilliam lawfully to be begotten And for default of such issue To the use of the said Thomas VViseman another Brother of the said John VViseman and the heirs males of the Body of the said Thomas lawfully to be begotten And for default of such issue the remainder thereof to of the heirs of the body of the aforesaid VVill VViseman the Father and the heirs of their bodies lawfully to be begotten And for default of such issue the Remainder thereof to the heires males of the Body of the said Thomas VViseman desceased and the heirs males of their Body lawfully to be begotten And for default of such issue The remainder there to the said Lady the Queen that now is her Heirs and Successors Kings and Queenes of this Kingdom of England belonging And the beforesaid John of the aforesaid Reversion of the whole Island aforesaid as of Fee tail and right in form aforesaid being seised the remainder thereof further in the form aforesaid belonging The said Thomas VViseman the Son afterwards that is to say the 15 th day of July in the year of the said Lady the Queen that now is the 26 th at great Totham aforesaid dyed without heir male of his body lawfully begotten After whose death the said John into one Moyety of the Island aforesaid with the Appurtenances entred was and yet is thereof seised in his Demesn as of Fee tail And likewise the said John was and yet is seised of the aforesaid Reversion of the other Moiety of the said Island as of the Fee tail and of right And thereof being seised And the said Richard of the said other Moiety of the aforesaid Island with the Appurtenances in form aforesaid being possessed The aforesaid 18. pounds of the Rent aforesaid for half a yeer ended at the Feast of the Birth of our Lord in the year of the Reign of the Lady the Queen that now is the 27 th to the said John was behind and do yet remain unpaid For which Action accrued to the said John to require and have of the said Richard the aforesaid 18. pounds Yet he the said Richard although he was often required the said 18. pounds to the said John hath not yet rendered but hitherto to render to the same to him hath denyed and yet doth deny Whereupon he saith he is the worse and hath damage to the value of 20. pounds And thereof he bringeth Sute c. And the said Richard Barnard by John Cook his Attorny comes and doth defend the force and injury when c. And saith That the aforesaid John Wiseman his Action aforesaid against him ought not to have because he saith That well and true it is That the aforesaid Thomas Wiseman the Father was seised of the Island aforesaid in his Demesn as of Fee And that the said Thomas demised unto the said Richard Barnard the Moiety of the Island aforesaid with the Appurtenances And that the said Thomas Wiseman the Father by his aforesaid Testament and last Will willed and bequeathed to the abovesaid Thomas Wiseman the Son the aforesaid Reversion of the said aforesaid one Moiety of the said Island aforesaid and the other Moiety of the said Island in form aforesaid And that the said Thomas Wiseman the Son By virtue of the bequest aforesaid was seised of the one Moiety of the Island aforesaid in his Demesn as of Fee tail and of the Reversion of the other Moiety thereof in Demesn as of Fee tail and Right that is to say to him and the heirs males of his Body lawfully begotten as the aforesaid John Wiseman by his Declaration aforesaid above supposeth But the said Richard Barnard further saith That the said Thomas Wiseman the Son of the one Moiety of the Island aforesaid and of the Reversion of the other Moiety in â—orm aforesaid being seised One John Godfrey the 9 th day of June in the yeer of the Reign of the said Lady the Queen that now is the 26 th sued forth out of the Court of the Chancery of the said Lady the Queen that now is in the said Court of Chancery at Westminster aforesaid then being a certain writ of the said Lady the Queen of Entry upon Disseisin in the Post against the said Thomas Wiseman by the name of Thomas VViseman Gent. of the Island aforesaid with the Appurtenances amongst other things to the Sheriff of the County of Essex directed by which Writ the said Lady the Queen that now is then commanded the said Sheriff that the said Sheriff should command the said Thomas VViseman the Son that truly and without delay he should render to the said John Godfrey the Island aforesaid with the Appurtenances amongst other things by the name of the Mannor of Mockinghall with the Appurtenances and 22. Messuages 3. Dove-houses 23. Gardens 430. Acres of Land 162. Acres of Meadow 460. Acres of Pasture 22. Acres of Wood 110. Acres of Furrs and Heath 400. Acres of Marsh as of 50. shillings of Rent with the Appurtenances in Barlinge the great Staubrigge great Wakeringe little Wakeringe Leigh Shopland Rochford Prtâ—lewell Benflâ—â—t Foulnes Althorpe Thundersley Hadley Great Baddowe Great Totham and Gouldhanger which he claimed to be his Right and his inheritance And into which the said Thomas Wiseman then had not entry but after the Disseisin which Hugh Hunt unjustly without Judgement did to the said John Godfrey within 30. yeers then last past as he then said And whereof he then Complained That the said Thomas VViseman the Son him then did deforce And unlesse he should do it and the aforesaid John Godfrey should then make the said Sheriff secure his clamour to prosecute then he summon by good summons the aforesaid Thomas Wiseman the
Son that he be before the Justices of the said Lady the Queen here at VVestminster aforesaid from the day of Holy Trinity in 15. dayes then next following to shew wholly he did not c. And that the said Sheriff should have here the summons and the said Writ At which 15. dayes of Holy Trinity before Edmond Anderson Kt. and his Companions then Justices of the said Lady the Queen that now is of the Bench here come as well the said John Godfrey as the said Thomas VViseman the Son in their proper persons And Thomas Lucas Kt. then Sheriff of the County of Essex aforesaid returned then here the Writ aforesaid to him in form aforesaid directed in all things served and executed That is to say That the said Iohn Godfrey found to the said Sheriff pledges to prosecute his Writ aforesaid that is to say Iohn Doo and Richard Roo And that the said Thomas VViseman the Son was summoned by Iohn Den and Richard Fen Whereupon the said Iohn Godfrey in his proper person in the said Court here declaring upon his Writ aforesaid then demanded against the said Thomas VViseman the Son the Mannors Tenements and Rents aforesaid with the Appurtenances as his right and his inheritance And into which the said Thomas had not entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the said John within 30. years then last past And whereupon then he said That he himself was seised of the Mannors Tenements and Rent aforesaid with the Appurtenances as of Fee and Right in the time o◠Peace in the time of the Lady the Queen that now is taking the Profits to the value c. And into which c. And thereupon he then brought Sute c. And the said Thomas VViseman the Son in his proper person then did defend his Right when c. And thereof vouched to Warranty David Howel who then was present in Court in his own person and freely the Mannor Tenements and Rents aforesaid with the Appurtenances to him did then warrant upon which the said John Godfrey then demanded against the said David then Tenant by his Warranty the Mannor Tenements and Rents aforesaid with the Appurtenances in form aforesaid c. And whereupon he then said That he himself was seised of the Mannor Tenements and Rents aforesaid with the Appurtenances in his Demesn as of Fee and Right in time of peace in the time of the Lady the Queen that now is taking the Profits to the value c. and in which c. and thereupon he brought his Sute c. And the said David Howel Tenant by his Warranty then defended his Right when c. And then said That the aforesaid Hugh did not disseise the said John Godfrey of the Mannor Tenements and Rents aforesaid with the Appurtenances as the said Iohn by his Writ and Declaration aforesaid above supposed And upon that then put themselves upon the Country And the said John Godfrey then demanded license thereof to imparle And he then had it c. And the said Iohn retorned back unto the same Court in the said Term in his proper person And the said David although solemnly demanded then came not again but in contempt of the said Court departed and made default Wherefore it was granted in the same Court That the said Iohn Godfrey should recover his seisin against the said Thomas Wiseman the Son of the Mannor Tenements and Rent aforesaid with the Appurtenances and that the said Thomas should have of the Land of the said David to the value c. And that the said David should then be in mercy c. And thereupon the aforesaid Iohn Godfrey then demand-the Writ of the said Lady the Queen to the said Sheriff of the County aforesaid to be directed to gve him full seisin of the Mannors Tenements and Rent aforesaid with the appurtenances And which was to him then granted retornable here without delay c And afterwards that is to say The 8th day of Iuly the self same Term came unto the said Court the aforesaid Iohn Godfrey in his proper person And the said Thomas Lucas then Sheriff of the County of Essex then here sent That he by virtue of the said Writ to him directed The 4th day of Iuly then last past delivered to the said J. Godfrey full seisin of the Mānor Tenements Rents aforesaid with the appurtenances as by the said Writ he was cōmanded Which Recovery and Execution thereupon in form aforesaid prosecuted and had was to the use of the said Thomas Wiseman the Son and his Heires for ever By virtue of which and of the said Statute in Parliament of the said Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th of transferring of uses into possessions held published and provided The said Thomas VViseman the Son was seised of the said Reversion of one Moyety of the Island aforesaid with the appurtenances amongst other things in his Demesn as of Fee and Right and so being thereof seized at great Totham aforesaid dyed of such his estate so thereof seised after whose death The aforesaid Reversion of the one Moyety of Island aforesaid with the appurtenances amongst other things to Elizabeth now the Wife of Richard Jeunius and Dorathy VViseman as Sisters and Heires of the said Thomas VViseman the Son which Elizabeth and Dorathy are yet above and in full life that is to say at great Totham aforesaid and this he is ready to aver whereupon he demandeth Judgement If the said Iohn VViseman his Action aforesaid against him ought to have c. And upon this The said Iohn VViseman prayeth license to imparle here until the next day after the Holy Trinity and hath it c. And the same day is given to the said Richard here c. And the said Iohn VViseman saith That he by any thing before alleged to have his Action aforesaid ought not to to be barred because he saith That long before the Recovery aforesaid of the Tenments aforesaid with the appurtenances in form aforesaid had By a certain Act of Parliament of the Lord Henry late King of England the 8th the most Dear Father of the Lady the Queen that now is at VVestminster in the County of Middlesex the 22d. day of Ianuary in the year of his Reign the 34th begun and there then holden and afterwards by divers progations continued untill the 12th day of May in the year of the Reign of the said late King Henry the 8th the 35th held amongst other Kings It was enacted by authority of the said Parliament That whereas divers of the Noble Progenitors of the said late King Henry the 8th and especially the said late King chiefly liberally above all others had given granted or otherwise had provided to his and their loving and good Servants Subjects as well Nobles as others Mannors Meases Lands Tenements Rents Services and Hereditaments to
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
the Queen that now is the 29th day at VVestminster in the County of Middlesex before Christopher VVray Knight then Chief Justice of the said Lady the Queen of Pleas before the said Queen holden Assigned by their certain writing Obligatory Sealed with their Seals had granted themselves to be bounden and did acknowledge themselves to owe to the aforesaid Titus by the name of Titus VVestbie Citizen Merchant Taylor of London or to his certain Attorny shewing the said writing his Heirs or Executors in the feast of the Annunciation of the blessed Mary the Virgin then next following and if they should make default in the payment of the debt aforesaid Then the said Thomas Smith Edward VVinter and Anthony Bastard they willed and granted that then there should run upon the said Thomas Edward and Anthony and every of them their Heirs and Executors the penalty in the Statute staple of debts for Merchandizes in the same bought to be recovered ordained and provided and whereas also the said Thomas Edward and Anthony the said 440. pound by them in the form aforesaid acknowledged in the Feast aforesaid to the aforesaid Titus had not payed nor any of them had paid By which afterwards that is to say the Eleventh day of April in the year of the Reign of the said Queen that now is the 30th One Iohn Chomley Esquir the Clark of then said Lady the Queen that now is the Recognisance for debts to be recovered according to the form of the Satute in the like case provided deputed by his writing Sealed with his Seal the Recognisance aforesaid in the Chancery of the said Queen that now is at VVestminster aforesaid then being at the request of the said Titus did Certifie And the said Titus thereupon afterwards that is to say the 31th day of August in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid sued forth out of the said Court of Chancery at VVestminster aforesaid then being a certain Writ of the said Lady the Queen to the then Sheriffs of London directed By which Writ reciting Because the aforesaid Thomas Smith Edward VVinter and Anthony Bastard the 20th day of Ianuary in the year of the Reign of the said-Lady the Queen that now is the 29th before Christopher VVray Knight Chief Justice of the said Lady the Queen of Pleas before the said Queen to be holden assigned did acknowledge themselves to owe to the abovesaid Titus 440. pound which he the same Titus they ought to have paid in the Feast of the Annunciation of the blessed Mary the Virgin then next following and the same day of issuing out of this Writ had not payed nor any of them then had paid as was said The said Lady the Queen by the said Writ the then Sheriffs of London commanded That the bodies of the said Thomas Smith Edward VVinter and Anthony Bastard if they were Lay-men to take and in the prison of the said Lady the Queen that now is untill the said Thomas VVestbie of the debt aforesaid of the debt aforesaid safely to be kept and all the Lands and Chattels of the said Thomas Edward and Anthony in the Bailywick of the said Sheriffs by the Oaths of honest and lawful men of their Bailywick they should diligently extend and apprize and seize into the Lands of the said Lady the Queen that the same to the beforesaid Titus untill to him of his debt aforesaid he should be fully satisfied they should make delivery according to the form of the Statute at VVestminster for the like debts to be recovered thereof made unprovided and how the said Sheriffs aforesaid should execute the same they should make known to the said Lady the Queen in her Chancery in 15. dayes of Saint Martin then next coming wheresoever it should then be by their Letters Sealed and that they should have there the said Writ which said Writ the said Thomas VVestbie afterwards and before the said 15. day of Saint Martin that is to say the 8th day of September in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid at London that is to say in the Parish of Christ-Church in the Ward of Farrington within delivered to the said Themas Skinner and Iohn Catcher then being Sheriffs of London in form of Law to be executed And the said Titus further saith That the said Anthony Bastard at the same time of the delivery of the said Writ to the said Thomas Skinner and Iohn Catcher as before is said made was a Layman and yet is a Layman And that by virtue of rhe said Writ after and before the Retorn thereof that is to say The said 8th day of September in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Thomas Skinner and Iohn Catcher then being Sheriffs of London the aforesaid Anthony Bastard at London in the Parish and Ward aforesaid by virtue of the Writ aforesaid took and arrested and the said Anthony in Execution for the said aforesaid 440. pound then and there had according to the exigencie of the said Writ and the said Anthony under the Custody of the said Thomas Skinner and Iohn Catcher Sheriffs in execution in the form aforesaid being The said Thomas Skinner and John Catcher Sheriffs The said Anthony Bastard afterwards that is to say the 20th day of October in the 30th year aforesaid at London in the Parish and Ward aforesaid from the Custody of the said Thomas Skinner and John Catcher Sheriffs at large where he would go did suffer the said Titus of the aforesaid 440. pound not being satisfied Be which Action acrued to the said Titus to require and have of the said Thomas Skinner and John Catcher the aforesaid 440. pound for his debt aforesaid by the said Anthony in form aforesaid acknowledged yet the said Thomas Skinner and Iohn Gatcher although often requested c. the aforesaid 440. pound to the said Titus have not yet rendred but have hitherto denyed to render the same unto him and do yet deny so to do Whereupon the said Titus saith that he is the worse and hath Damage to the value of 400. pounds and thereof he bringeth his Sute c. And now at this day that is to say Monday next after 8 bh of St. Hillary the self same Term until which day the said Thomas Skinner and Iohn Catcher had license to imparle to the said Bill and then to answer c. before the Lady the Queen at Westminster come as well the said Titus Westbie by his Attorny aforesaid as the said Thomas Skinner and Iohn Catcher by Christopher Rust their Attorny And the said Thomas Skinner and Iohn Catcher defend the force and injury when c. And say That they do not owe to the aforesaid Titus the aforesaid 440. pounds or any penny thereof in manner and form as the said Titus above against them delareth And of this
th at Chedington aforesaid dyed intestate And the Jurors aforesaid say upon their Oath aforesaid that after and before the time in which c. that is to say the 19 th day of January 1576. Administration of all and singular the goods Chattels Rights and Credits which were of the aforesaid Thomas at the time of his death by William South Doctor of Law Commissary and Official of the Arch of Buckingham to one Anne Hethrington then wife of Ralph Hethrington and then the late Widow of the said Ralph Elderker at Chedington aforesaid was committed By virtue of which committing of the Administration aforesaid the aforesaid Ralph Hethrington and Ann his wife into the Rectory aforesaid and the glebe Lands aforesaid with their appurtenances did enter and were thereof possessed and the said Ralph Hethrington and Anne his wife so thereof possessed the said Ralph Hethrington and Anne afterwards that is to say the 28 day of March in the year of the Reign of the said Lady the Queen that now is the 19. at Chedington aforesaid by a certain Indenture made between the aforesaid Ralph Hethrington and Anne his wife by the names of Ralph Hethrington of Sheale in the County Lecester Gentleman and Anne his wife late wife of Ralph Elderker deceased of the one parte and one Ralph Celey by the name of Ralph Celey of London Mercer of the other parte one parte whereof sealed with the Seaâ—s of the said Ralph Hetherington and Anne sealed to the Jurors aforesaid in evidence likewise shewed for the Consideration in the said Indenture specified had bargained sold â—ssigned and set over to the said Ralph Celey his Executors Administrators and assignes all the Interest Title Estate and Term of years then to come and unexpired in and to the Rectory aforesaid and the gleabe Lands aforesaid with the appurtenances to have and to hold to the onlie and proper behoof and use of the said Ralph Celey his Executors and assignes for ever By virtue of which Assignement the said Ralph Celey into the Rectory aforesaid and the glebe Lands aforesaid with the appurtenances entred and was thereof possessed And the Juros aforesaid farther say upon their Oath aforesaid that after and before the time in which c. that is to say the 16th day of May in the year of our Lord 1577 for that the said Thomas Elderker while he lived and at the time of his death had diverse goods and Chattels rights and Credits in diverse Diocesses or Jurisdictions administration of all and singular the goods Chattels rights and Credits which were of the said Thomas at the time of his death by Edmund by divine providence Arch Bishop of Canterbury of all England Primat and Metropolitan aforesaid to the said Ann Hethrington then the wife of the said Ralph Hethrington and then late late the widow of the said Ralph Elderker deceased late natural and lawfull Brother of the said Thomas Elderker at London that is to say in the Parish of the blessed Mary of Bow in the Ward of Cheap London was committed And the Jurors aforesaid farther say upon their Oath aforesaid That the said Ralph Celey so being possessed the said Ralph Hethrington Ann his wife and the said Ralph Celey afterwards that is to say the 20th day of May in the year of the Reign of the said Lady the Queen that now is the 19th at Chedington aforesaid by their certain Indenture with the Seal of the said Ralph Celey sealed and to the Jury aforesaid given and shewed in evidence bearing date the said 20 day of May in the 19 year aforesaid for the Considerations in the said Indenture specified gave granted bargained and aliened to one John Eden all the Interest Title Estate their Term of years then of in the aforesaid Rectorie gleabe Lands with the appurtenances to come and unexpired to have and to hold to the said John Eden his executors and assignes during the residue of the aforesaid Term of the aforesaid 80 years as before is said granted By virtue of which assignment the said John Eden into the Rectory aforesaid and the gleabe Lands aforesaid with the appurtenances entred and was thereof possessed and the Jurors aforesaid further upon their Oath aforesaid say that the said John Eden being so seised of the Rectorie aforesaid and of the gleabe Land aforesaid with the appurtenances afterwards that is to say the 12 day of May in the year of the Reign of the said Queen that now is the 29 at Chedington aforesaid in the County aforesaid by his Indenture Sealed with his Seal and to the Jurors aforesaid likewise shewed in evidence whose date is the same 12 day of May in the 29 year aforesaid bargained sold and assigned to one Thomas Tarsburgh Esquire all his Interest and Term of years then to come and unexpired of and in the Rectorie aforesaid and the gleabe Lands aforesaid with the appurtenances by reason of which the said Thomas Tarsburgh into the Rectorie aforesaid with the appurtenances entred and was thereof possessed And the Jurors aforesaid say upon their Oath aforesaid that the said Thomas Tarsburgh being thereof so possessed afterwards and before the time in which c. that is to say the 23 day of November in the year of the Reign of the said Lady the Queen that now is the 36 at Chedington aforesaid in the County aforesaid by his Indenture with the Seal of the said Tarsburgh Sealed and to the Jurors aforesaid in evidence likewise shewed granted bargayned alliened and assigned all his Right Title Interest and Term of years then to come of and in the Rectory aforesaid and the glebe Lands aforesaid with the appurtenances to one John Agmondesham Esquire By virtue of which the said John Agmondesham into the Rectory aforesaid and the gleabe lands aforesaid with the appurtenances entred and was thereof possessed And the Jurors aforesaid farther say upon their Oath aforesaid that the said John Agmondesham so being thereof possessed afterwards and before the time in which c. that is to say the 27 day of November in the year of the Reign of the said Queen that now is the 36th at Chedington aforesaid by his Indenture Sealed with the Seal of the said John Agmondesham and to the Jurors aforesaid here in Evidence likewise shewed demysed the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances to the aforesaid Thomas Tarsburgh Esquire to have to the said Thomas and his assignes from the said 27th day of November in the 36th year aforesaid until the 26th day of March which then should be in the year of our Lord 1595. By virtue of which demise the aforesaid Thomas Tarsburgh into the Rectorie aforesaid and glebe Lands aforesaid with the appurtenance entred and was thereof possessed And the said Thomas Tasburgs thereof being so possessed and the said John Agmondesham so as is said of the residue of the said Term of 80 years then to come being possessed The said John
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
thereof to the value c. and in which c. and thereof they bring sute c. and the said David Tenant by his warranty defendeth his right when c. and saith that the said Hugh did not dissess the aforesaid John Popham George and Edward of the Mannor and Tenements aforesaid with the appurtenances as the said John George and Edward by their writ and declaration aforesaid above suppose and of this puts himself upon the Country c. and the aforesaid Iohn Popham George and Edward pray Licence thereof to imparle and have it c. and afterwards the said Iohn George and Edward return here into Court the same Term in their proper persons and the said David although solemnly called doth not come but departed in despight of the Court and made default Therefore it is granted That the aforesaid Iohn Popham George and Edward recover their seisin against the aforesaid Iohn Horsey of the Mannor and Tenements aforesaid with the appurtenances and that the said Iohn have of the Lands of the said David to the valew c. and the said David in mercy c. and upon this the aforesaid Iohn Popham George and Edward pray a writ of the Lady the Queen to the Sherif of the County aforesaid to be directed to give them full seisin of the Mannor and Tenements aforesaid with the appurtenances and it is granted unto them retorneable here from Easter day in 5 weeks c. At which day here came the aforesaid Iohn Popham George and Edward in their proper persons and the Sheriff that is to say Robert Frampton Esquire now sent that he by virtue of the said writ to him directed the 29th day of April last past gave to the said Iohn Popham George and Edward full seisin of the Mannor and Tenements aforesaid with the appurtenances as by the said writ to him it was Commanded c. Which recoverie in form aforesaid had was had to the use of the said Iohn Horsey and Dorothie then his wife and to the heirs males of the body of the said Iohn lawfully begotten and for default of such issue to the use of the aforesaid Iasper Horsey and the heirs males of the said Iasper Lawfully begotten and for default of such issue to the use of the right heirs of the said Iohn Horsey for ever by virtue whereof and force of the said Act of Parliament of transferring uses into possession made the aforesaid Iohn Horsey and Dorothie were seised of that Mannor with the appurtenances that is to say the said John Horsey in his demesn as of Fee tail that is to say to him and the heirs males of his body lawfully begotten and the aforesaid Dorothy in her demesn as of freehold for and during her life the remainder thereof in form aforesaid expectant and the said John and Dorothie so thereof being seised the remainder thereof in form aforesaid expectant the said John Horsey afterwards and before the within written time in which c. that is to say the 7th day of September in the year of the Reign of the said Lady the Queen that now is the 31th at Melcum aforesaid of such his estate dyed thereof seised without issue male of his body lawfully begotten and the aforesaid Dorothie him overlived and held her self in in the Mannor aforesaid with the appurtenances and was thereof sole seised in her demesn as of freehold for the term of her life by way of survivor the remainder thereof in form aforesaid expectant And that Mary Arnald wife of Richard Arnald Esquire was one Sister and Co-heir of the said John Horsey and Reginald Moon Knight was another Co-heir of the aforesaid John Horsey that is to say Son and heir of William Moon Knight and Elizabeth his wife other Sister of the said John Horsey and the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Dorothie of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the Appurtenances in form aforesaid being seised after and before the within written time in which c. that is to say the first day of September in the year of the said Lady the Queen that now is the 32th at Melcum aforesaid dyed of such her estate so seised after whose death the aforesaid Ralph Horsey and Edith unto the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances did enter and were thereof seised as the Law requireth and the said Jurors further say upon their Oath aforesaid that the said Robert Bingham the Elder and Iane of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. so as is before said for the term of their lives being seised the remainder thereof in form aforesaid expectant the said Robert Bingham the Elder after and before the time in which c. that is to say the 11th day of Ianuary in the year of the Reign of the said Lady the Queen that now is the 36 at Melcum aforesaid dyed of such his estate thereof seised the said Richard Bingham being Cousen and heir of the said Robert Bingham the Elder that is to say Son and heir of the aforesaid Robert Bingham the Younger Son and heir of the said Robert Bingham the Elder and within the age of 21 years that is to say of the age of 8 years and no more and that the aforesaid Richard Bingham is yet living and in full life that is to say at Melcum aforesaid and that the aforesaid Iane the aforesaid Robert Bingham the Elder overlived and held her self in the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. And was thereof sole seised in her demesn as of freehold for the term of her life by right of survivor the remaynder thereof in form aforesaid as the Law requireth that the aforesaid Iane of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams w th the appurtenances whereof c. in her demesn as of Freehold for the term of her life in form aforesaid being seised the aforesaid Iaue afterwards and before the within written time in which c. that is to say the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th at Melcum aforesaid died of such her Estate thereof seised after whose death and before the within written time in which c. The aforesaid Ralph Horsey Richard Veal and Edward Goor into the Tenements within written with the appurtenances entred and that after and before the within written time in which c. The aforesaid Iohn Stroud and Ann his wife and Richard Bingham into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred in the right of the said Richard Bingham By virtue of which the aforesaid Richard Bingham was of and in the Mannor aforesaid with the appurtenances whereof
and Edward Goor be taken c. Ejectione Firme Hillary Term 290. Elizabeth Rott 790. in the KINGS BENCH Barastons Case C. 3. part fol. 19. a. MEmorandum That at another time That is to say Michaelmass Term last past before the Lady the Queen at Westminster came Richard Hynde by James Long his Attorny and brought here in the Court of the said Lady the Queen then there his Bill against William Ambry in the Custody of the Marshal c. Of a Plea of Trespasse and Ejectment of his Farm and are Pledges of Sute that is to say Iohn Doo and Richard Roo Which Bill followeth in these words ss Hartford Richard Hynde complaineth of William Ambry in the custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas one Thomas Brand and Constance his Wife and Milliam Davyes and Margaret his Wife the 4 th day of Iuly in the yeer of Reign of the said Lady Elizabeth now Queen of England the 28 th at Aldenhan in the County aforesaid Demised and granted and to Farm let to the aforesaid Richard Hynde amongst other things 10. Acres of Land with the appurtenances called the upper part of a Close named Reddings in Aldenham aforesaid in the County aforesaid To have and to hold the aforesaid 10. Acres with the appurtenances to the aforesaid Richard Hynde and his Assignes from the Feast of St. Iohn the Baptist then last past until the end and Term of 7. years from thence next insuing and fully to be compleat and ended By virtue of which demise The said Richard Hynde into the aforesaid 10. Acres of Land with the appurtenances the aforesaid 9 th day of Iuly in the 28th yeer aforesaid with Force and Armes c. into the aforesaid 10. Acres of Lands with the appurtenances upon the possession of the said Richard entred and him the said Richard from his Farm aforesaid the Term thereof not yet ended did eject expel and amove and then the said Richard from his possession thereof held out and as yet holdeth out And other harms to him did against the Peace of the said Queen to the damage of the said Richard of 10. pounds and thereof he bringeth Sute c. And now at this day that is to say Monday after 8. dayes of St. Michael this Term until which day the said William had license to the Bill aforesaid to imparl and then to answer c. before the Lady the Queen at Westminster come as well the aforesaid Richard by his Attorny aforesaid as the said William by Richard Belfield his Attorny and the same William doth defend the force and injury when c. And saith That he is not guilty thereof and of that he puts himself upon the Country And that said Richard likewise Therefore a Jury thereof before the Lady the Queen at Westminster Wednesday next after 15. dayes of Easter who neither c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the processe thereof was continued between the parties aforesaid in the Plea aforesaid by Juries put between them in respite before the said Lady the Queen until Wednesday next after 8. dayes of St. Michael then next following Unlesse the Justices of the said Lady the Queen to take Assizes in the County aforesaid assigned First upon Friday the 12 th day of July at Hartford in the County aforesaid by form of the Statute c. come for default of Jurors c. At which VVednesday next after 8. dayes of St. Michael before the Lady the Queen at Westminster came the aforesaid Richard Hynde by his Attorny aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record before them had in these words ss Afterwards the day and place within contained before Thomas Gawdy Knight one of the Justiceâ— of the Lady the Queen of Pleas before the Lady the Queen her self to be holden assigned and Robert Clark one of the Barons of the said Lady the Queen of her Exchequer Justices of the said Lady the Queen to take Assizes in the County of Hartford assigned by form of the Statute c. came as well the within named Richard Hynde by Henry Brantwayte his Attorny as the within written William Ambry by his Attorny within mentioned and the Jurors of the Jury whereof within mention is made some of them that is to say Richard Penifather Thomas Glascock Iohn Harmer and Stephen Nebbes came and in the said Jury are sworn And because the rest of the Jurors of the said Jury did not appear Therefore other of the Standers by chosen by the Sherif at the Request of the said Richard Hynde and by the Command of the Justices aforesaid are of new put whose names to the Pannel within written are filed according to the form of the Statute in such Case late made and provided and some of the Jurors so a new put that is to say Edward Vyall Thomas Cooker Thomas Trow Edward Asher Iohn Dermer William Tiverton Edward Iorden and Robert Carpenter came who to say the truth of the matters within contained togeether with the Jurors aforesaid first unpannelled and sworn chosen tryed and sworn Say upon their Oath That long before the Trespass and Ejectment of the Farm within supposed to be done One Thomas Boraston was seised of and in the within written 10. Acres of Lands with the appurtenances called the upper part of a Close called Reddings in Aldenham within written in his demesn as of see the said 10. Acres of Lands with the appurtenances held of one Robert Stepnigh Esq as of his Mannor of Aldenham in his free socage And further the Jurors aforesaid say upon their Oath That the aforesaid Tho. Boraston had issue of his body lawfully begotten Hum Boraston his Elder Son Hen. Boraston his Younger Son and the aforesaid Hum. Boraston had issue of his body Lawfully begotten Constance Boraston now the wife of the within named Thomas Brand and the within named Margaret wife of the within named William Davis and that afterwards Humphrey Boraston dyed living the said Thomas Boraston and that the aforesaid Constance and Margaret were and are Daughters and Co-heirs of the aforesaid Humphry Boraston and farther the Jurors aforesaid say upon their Oath that the aforesaid boraston so of and in the aforesaid 10 Acres of Land with the appurtenances being seised as before is said afterwards that is to say the 12 th day of the moneth of August in the year of our Lord 1559 in the year of the Reign of the said Lady the Queen the first made his Testament and last Will in writing in these English words following In the name of God Amen Item I give unto Thomas Amerie and Amphillis his wife all that my upper part of my close called Redding for the Term of 8 years after my decease in recompence of one yearly Annuity of 46
shillings 8 pence due unto the said Thomas Amerie upon one obligation of certein years yet during and upon farther Condition that the said Thomas Amerie shall bring in the said Obligation to my Executors to be cancelled and utterly discharged upon this consideration before such time as the said Thomas Amerie shall make any entry upon the premises and that the said Thomas Amerie neither his assignes shall not during the said 8 years fell any of the Woods Timber nor Undrwoods in nor uppon the said upper part but shall preserve the Woods hawts and Springs to the behoof of the Heir in remainder and after the Term of the said 8 years the said upper part to remayn to my Executors until such time as Hugh Boraston shall accomplish his age of 21 years and the mean profits to be imployed by my Executors towards the performance of this my last will and Testament and when the said Hugh commeth unto twenty and one yeares of age then I will that he shall enjoy the said upper part to him and his heirs for ever Provided alwaies that if the said Thomas Amerie do refuse to bring in his Obligation or to preserve the Woods upon the said upper part then my Executors to enjoy the premises during the said Term of 8 years paying the said Amerie his 46 shillings 8 pence during the said Term of 8 years as by the Tenement and last will aforesaid amongst other things it appeareth And farther the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Boraston so of the aforesaid 10 Acres of Land with the appurtenances being seised afterward that is to say the 14 th day of the aforesaid Moneth of August in the year of the Reign of the said Lady the Queen that now is the first at Aldenham aforesaid of such his estate dyed seised and farther the Jurors aforesaid say upon their Oath that the aforesaid Hugh Boraston in the said Testament and last will named was Son and heir of the said Henry Boraston and that the said Hugh Boraston dyed before that he came to the age of 21 years that is to say about the age of 9 years And farther the Jurors aforesaid say upon their Oath aforesaid that the Interest of the premises aforesaid in the said Testament and last will mentioned and devised aswell to the said Thomas Amry and Amphillis his wife as to the Executors of the said Testament before the day of the bringing of the Bill within written ended and determined And further the Jurors aforesaid say upon their Oath That Philip Boraston was and is Brother and next heir of the said Hugh Boraston by colour whereof the said Philip Boraston after the aforesaid Interest of the premises to the said Thomas Amerie and Amphillis his wife and the exetors aforesaid by the aforesaid Testament and last will given and devised was ended and determined unto the aforesaid 10 Acres of Lands with the appurtenannces as brother and next heir of the said Hugh entred and was thereof sâ—ised as the Law requireth and so therof seised the said Philip boraston afterwards and before the time of the exhibitage of the Bill aforesaid that is to say the 20 day of June in the year of the Reign of the Lady the Queen that now is the 28 demised granted and to Farm let to the aforesaid William Ambry now defendant the Tenements aforesaid with the appurtenances in which c. To have and to hold to the said William Ambry and his assignes for a whole year from thence next following to be fully compleat and ended and so from year to year as long as both parties should please By virtue of which â—â—â—ise The aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid Thomas brand and Constance his wife William Davis and Margaret his wife as in the right of the said Constance and Margaret afterwards that is to say the 9 day of July in the year of the Reign of the Lady the Queen that now is the 20 aforesaid into the aforesaid 10 Acres of land with the appurtenances in upon the possession of the said William Ambry entred and were thereof seised as the Law requireth and so thereof being seised at Aldenham aforesaid the said Thomas Brand and Constance his wife William Davis and Margaret his wife afterwards that is to say the said 9th day of July in the year 28 aforesaid by their Indenture bearing date the same day and year demised granted and to Farm let the aforesaid 10 Acres of Land with the appurtenances to the aforesaid Richard Hynde to have and to hold the aforesaid 10 Acres of Land with the appurtenances unto the said Richard Hynde and his assigns from the Feast of Saint John the Baptist then last past until the end term of 7 years from thence next ensuing fully to be complete ended By virtue of which demise the said Richard Hynde into the aforesaid 10. Acres of Lands with the appurtenances the aforesaid 9th day of July in the year of the Reign of the said Lady the Queen that now is the 28th aforesaid entred and was thereof possessed until the aforesaid William Ambry afterwards that is to say the aforesaid 9 th day of July in the 28 year aforesaid with force and Armes c. into the aforesaid 10 Acres of Land with the Appurtenances upon the possession of the said Richard Hynde thereof by the precept and command of the aforesaid Philip Boraston re-entred and him the said Richard Hynde from his possession thereof held out and yet hold out But whether upon the whole matter aforesaid in form aforesaid found the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances be or in Law ought to be adjudged a good or lawfull re-entry the Jurors aforesaid are utterly ignorant and thereof pray the advice of the Court of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court of the said Lady the Queen that the Re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances upon the possession of the said Richard Hynde be not nor in Law ought to be adjudged a good and Lawfull Re-entry Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid William Ambry is guilty of the Trespass and Ejectment within specified in manner and form as the aforesaid Richard Hynde within against him complaineth and then they Assesse the damages of the said Richard Hynde by occasion of the Trespass and Ejectment out of his Farm besides his charges and costs by him about his sute in his behalf expended to 8. shillings and for his Charges and Costs to 30. shillings and 4 pence but if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court of the Lady
of the Justices of the Lady the Queen of the Bench and Edward Fenner one of the Justices of the said Lady the Queen of pleas before the Queen her self to be holden assigned Justices of the Assiise of the Lady the Queen in the County of Wilts to be taken Assigned by the form of the statute came aswell the within named James Linche as the said within written William Spencer and Tho. Spencer by their Attorneys within mentioned and the Jurors of the Jury whereof within mention is made being called some of them that is to say William Garret of Shaw Gentleman William Bury of Crickland Thomas Puckley of Nether Haven Gentleman William Marse of Haydon John Noyse of Graston Richard Legge of Nether Haven Thomas Smith of Kinnett Thomas Stoper of Moanton and VVilliam Gouldesborough of the same came and are sworn of the same Jury and because that the rest of the Jurors of the Jury did not appear therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James and by the command of the Justices aforesaid were new put whose names to the Panâ—nel within written are filed according to the statute in such case lately made and provided And the Jurors so of new put that is to say Thomas Stringer VVilliam Bundy and VVilliam Hascal likewise called came who to the truth of the matter within conteined together with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the aforesaid VVilliam Spencer is not guilty of the Trespass and Ejectment within written as the said VViliam hath within alleged and further the said Jurors as to all the Trespass Ejectment aforesaid within written besides the Trespass and Ejectment in the Messuage within conteined and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise therof within allegeth and as to the Trespass and Ejectment within written into the aforesaid Messuage and 26 Acres of Land within supposed to be done the same Jurors say upon their Oath that long before the within written time in which it is supposed the Trespass and Ejectment aforesaid to be done one Richard Bridges Knight was seised as well of the aforesaid Messuage and 26 Acres of Land with the appurtenances as of the other Tenements within written residue with the appurtenances in his demesn as of Fee and so thereof being seised the said Richard long before the time aforesaid in which c. by his certain writing of Feoffment Indented in Consideration of a certain Ioynture of one Iohanna the wife or Daughter of VVilliam Spencer Knâ—ght deceased from thence after to be had and ended gave and granted and in his said writing Indented confirmed to Iohn VVinchcomb the Elder of Newberry in the County of Berks. and John Knight of Newbery aforesaid the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said John VVinchcomb and John Knight their heirs and assignes for ever under this Condition following that is to say That the said John VVinchcomb and John Knight within one moneth next ensuing after the date of the said writing by their sufficient writing in Law as by the learned Councel in the Law of the said Richard â—ridges it should be avised should give grant and deliver the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna his wife to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna and to the heirs of the bodies of the said Richard and the said Johanna his wife betwixt the said Richard and the said Johanna Lawfully begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid Richard for ever of the chief Lords of the Fee by the services therefore due and of right occasioned as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 th day of January in the year of the Reign of the Lord Henry late King of England the 8 th the 32 th to the Jurors aforesaid in evidence shewed more fully appeared and that by virtue of the said Feoffment the aforesaid John Winchcomb and John Knight were seised of the aforesaid Messuage and 26 Acres of Lands in which c. amongst other in their demesn as of Fee upon the condition aforesaid And farther the Jurors aforesaid say upon their Oath That the said John Winchcomb and John Knight being so thereof seised long before the aforesaid time in which c. and within the said one Moneth next insuing after the date of the said writing of Feoffment Indented at Walcot aforesaid in performance of the condition aforesaid and at the request of the said Richard Bridges by their certain writing Indented of Feoffment delivered enfeoffed and delivered and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land in which c. amongst other to the aforesaid Richard Bridges and Johanna his Wife and the heirs of the bodies of them the said Richard and Johanna betwixt them Lawfully begotten and for default of such issue the remaynder thereof to the right heirs of the said Richard Bridges for ever of the chief Lords of the Fee by the services thereof due and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed and bearing date the 6th day of February in the year of the Reign of the aforesaid late King Henry the 8 th the 32 th aforesaid and to the Jurors aforesaid in Evidence shewed it more fully appeareth And that by virtue of the said Feofment the aforesaid Richard Bridges and Johanna were seised of the aforesaid Messuage and 26 Acres of Land in which c. amongst other in their demesn as of Fee tail that is to say to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten the remaynder thereof to the right heirs of the said Richard as above is said And the said Richard and the said Johanna so thereof being had issue of their bodies between them Lawfully begotten one Anthony Bridges his Son yet living and in full life being that is to say at West Shefford in the County of Berks and that afterwards and before the time in which c. the aforesaid Richard Bridges and Johanna of the aforesaid
against Iohn Lambert in the custody of the Marshal c. of a plea of Trespass and Ejectment of him out of his Farm and are pledges of sute Iohn Doo and Richard Roo which Bill followeth in these words ss Buck Theophilus Adams Gentleman complayneth of Iohn Lambert in the custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas one Robert Snelling Gentlemâ—n and Thomas Butler Gentleman the 23 th .. day of May in the year of the Reign of the Lady the Queen Elizabeth that now is of England the 36. at the Town of Buckingham in the County aforesaid had demised and to Farm Letten to the said Theophilus 1 Messuage and 10 Acres of Land to the said Messuage neer lying called the Conigree situate lying and being in the Town of Buckingham aforesayd in the County aforesaid To have to the said Theophilus and his assigns from the aforesaid 23 day of May in the 36 year aforesaid untill the end and Term of 10 years from thence next following and fully to be compleat and ended by virtue of which demise the same Theophilus afterwards that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 into the aforesaid Tenements with the appurtenances entred and was thereof possessed until the aforesaid Iohn Lambert afterward that is to say the same 16 day of April in the 39 year aforesaid with force and Arms c. into the Tenements aforesaid with the appurtenances upon the possession of the said Theophilus thereof entred and him the said Theophilus from his Farm thereof his Term aforesaid not yet ended ejected expelled and amoved and from his possession thereof held out and yet holdeth out and other harms to him did against the peace of the said Lady the Queen that now is to the damage of the said Theophilus of 20 pound and thereof he bringeth sute c. and now at this day that is to say Monday next after 8 dayes of Saint Michael this Term until which day the aforesaid Iohn Lambert had licence to imparl to the Bill aforesaid and then to answer c. before the Lady the Queen at Westminster came aswel the aforesaid Theophilus Adams by his Attorny aforesaid as the said Iohn Lambert by Iohn Harborn his Attorny and the said Iohn Lambert defendeth the force and Injury when c. and saith that he is not there of guilty and of this putteth himself upon the Country and the said Theophilus likewise c. and therefore a Jury thereof was to be before the Queen at Westminster upon Monday next after the morrow of the Purification of the blessed Lady Mary by whom c. and who neither c. Because aswel c. Day is given to the parties aforesaid thence c. of which day the Jurors aforesaid between the parties aforesaid of the plea aforesaid were put in respit before the Lady the Queen at Westminster until Monday next after the Month of Easter in the year of the said Lady the Queen that now is the 41 th for default of Jurors c. At which day before the said Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attorneys aforesaid And the Jurors of the same Jury being called come likewise who to say the truth of the premises chosen tryed and sworn say upon their Oath that long before the time of the Trespass and Ejectment aforesaid that is to say the 5 day of the month of June in the year of our Lord 1431 and in the year of the Reign of King Henry the 6 after the conquest the 9 one Iohn Barton the Elder was seised of the aforesaid Messuage and of 6 Acres of Pasture parcel of the aforesaid 10 Acres of Pasture in the Declaration aforesaid specified in which it is supposed the Trespass and Ejectment aforesaid to be done amongst other in his demesn as of Fee and so thereof of the Messuage aforesaid and of the said 6 Acres of Pasture with the appurtenances parcel c. seised c. Enfeoffed William Brampton to have and to hold to him and his heirs to the behoof and use of the aforesaid Iohn Barton the Elder and his heirs By virtue whereof the aforesaid William Brampton was seised of the Messuage and 6 Acres of Land parcel c. with the appurtenances in his demesn as of Fee to the use of the aforesaid Iohn Barton and his heirs and the aforesaid William Brampton so thereof being seised the aforesaid Iohn Barton afterwards that is to say the aforesaid 5 day of the Moneth of June in the year of our Lord 1431 in the said year of the Reign of the said late King Henry the 6. the 9 aforesaid at Buckingham aforesaid made his Testament and last will within written of the aforesaid Messuage and 6 Acres of pasture parcel c. amongst other things in these words c. In the name of God Amen ss The 5 day of the Moneth of June 1431 of the late Reign of King Henry the 6 after the Conquest of England the 9 I Iohn Barton the Elder being of perfect minde and good memory do make and ordein my present Testament Indented conteyning my last will in this manner Imprimis I give and recommend my soul to God and my omnipotent Creator and Saviour and to the blessed Mary the Virgin his Mother and to all the Saints and my body to be buried in the Church of the blessed Peter the Apostle of Buckingham that is to say in the Church of Saint Romwold in the same place wherein a Marble stone for my burying I have ordeined and appointed and for this my burial there to be had I give to the building of the body of the said Church 40 shillings also I will and Ordain that speedily after my death there be celebrated for my soul 4000 Masses for the celebrating of which I give 16 pound 13 shillings 4 pence and for his payns who about this shall imply him self that fully faithfully and speedily it be performed 6 shillings 8 pence Item I give to the religious men under written that they as soon as by my Executors or their deputies they be acquainted of my death so speedily as conveniently it may be done every order of them say a Placebo and Dirige by note and the day following the Mass of Requiem with note for my soul the souls of my Father and Mother my friends and Benefactors and for the souls of all the faithfull departed that is to say to the Master and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury called of Acons London 40 shillings to the Master and Brethren of the Hospital of Saint Bartholemew in west Smithfield London 40 shillings to the Abbot and Covent of Bethesden in the County Buckingham 100 shillings to the Prior and Covent of Luffeild 40 shillings to the
possession then held made the aforesaid Edward Fowler was seized of and in the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances in his Demesn as of Fee Tail And so thereof being seized the issues and profits thereof all his life took and had and the same to the uses and intents in the Testament of the said John Barton the Elder above expressed applyed and converted And that the aforesaid Edward so thereof being seised afterwards that is to say the 28 th day of May in the yeer of the Reign of the late King Henry the 8th the 32. at Buckingham aforesaid of such his estate dyed thereof seized After the death of which Edward Fowler The said Messuage and 6. Acres of Pasture parcel c. descended to the said Gabriel Fowler as Son and Heir of the body of the said Edward Fowler lawfully begotten By virtue of which the aforesaid Gabriel into the aforesaid Messuage and 6. Acres of pasture parcell c. with the appurtenances entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs of his body lawfully begotten the reversion in Fee simple thereof to the right Heirs of the said John Barton the Testator expectant unto the uses in the said last Will of the said John Barton the Testator expressed to be performed and the aforesaid Gabriel Fowler the issues and profits thereof to the uses and intents in the said Testament of the aforesaid John Barton the Testator to be performed limitted received disposed and converted from the time of the death of the said Edward Fowler within 5. years next before the first year of the Reign of King Edward the 6 th that is to say untill the 4 th day of May in the year of the Reign of the late King Henry the 8 th the 37 th By colour of which aforesaid premises and by force of a certain Act of Parliament of the said King Edward late King of England the 6 th at Westminster in the County of Middlesex the 4th day of November in the year of his Reign the first begun and from thence continued untill the 24 th day of the same November then next following then and there holden concerning Colleges Free Chapels Chauntries Fraternities Guilds and other spiritual promotions made and provided The aforesaid late King Edward the 6th immediatly after the Feast of Easter next following after the making of the said Act of Parliament was seised of and in the aforesaid Messuage and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other things in the said Testament as is aforesaid given and appointed in his demesn as of Fee in the Right of his Crown of England if the Law so in this case requireth and that afterwards the said late King dyed of the said Messuage and 6. Acres of pasture so seised if the Law of England so requireth without Heir of his body begotten after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th If the Law of England in this case requireth By which the said late Queen Mary was seised of the Messuage aforesaid and of the aforesaid 6. Acres of pasture parcel c. amongst other in her demesn as of Fee in the right of her Crown of England if the Law this requireth and he said late Queen Mary afterwards and before the aforesaid time in which c. dyed so hereof seised if the Law of England in this case requireth without heir of her body issuing after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary if the Law of England in this case requireth By which the said Lady the Queen that now is was of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances amongst other seised in her demesn as of Fee in the right of her Crown of England if the Law of England so thereof requireth And the Jurors aforesaid further say upon their Oaths aforesaid That after the aforesaid Act of Parliament aforesaid in the year of the Reign of the late King Edward the 6th the first made The aforesaid Gabriel Fowler occupied the aforesaid Messuage and 6. Acres of pasture with the appurtenances parcel c. continâ—ed and was thereof seised in his demesn as of Feetail if the Law of England in this case requireth it having issue of his body lawfully begotten one Richard Fowler and so thereof seised continued the occupation aforesaid if the Law of England requireth it and afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the said Lady the Queen that now is the 18 th at Buck. aforesaid of such his estate dyed thereof seised if the Law of England requireth By colour of which the Messuage aforesaid and 6. Acres of pasture aforesaid with the appurtenances parcel c. descended if the Law requireth to the aforesaid Richard Fowler as Son and Heir of the said Gabriel By colour of which the said Richard Fowler afterwards and before the time in which c. into the Messuage and 6. Acres of Lands aforesaid with the appurtenances parcel c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs of his body lawfully begotten if the Law of England this requireth and the said Richard Fowler of the Messuage and 6. Acres of pasture aforesaid with the appurtenances parcel c. so being seised if the Law of England this requireth The said Richard after and before the time in which c. that is to say the 10th day of March in the year of the Reign of the said Lady the Queen that now is the 33th at Buckingham aforesaid By his writing bearing date the same day and year with the Seal of the said Richard sealed and to the Jurors aforesaid in Evidence shewed for a certain sum of money in the said writing specified if the Law of England this requireth enfeoffed Francis Dayrell and Edward Dayrell Gen. of the Messuage and 6. Acres aforesaid with the appurtenances parcel c. amongst other To have to the said Francis and Edward their Heirs and Assigns for ever By virtue of which the said Francis and Edward in the Messuage and 6. Acres of pasture aforesaid parcel c. entred and were thereof seised in their demesn as of Fee if the Law of Engl. this requireth so being thereof seised if the Law of Engl. this requireth The said Francis and Ed. afterwards before the aforesaid time in which c. that is to say
possessions thereof then being The Tenor of which Letters Patents followeth in these words The King and Queen to all to whom c. greeting Know ye That we in Consideration of the good true and faithful service of our Beloved and Faithful Servant George Howard Kt. before this time to us done and for diverse other causes and Considerations us specially moving Of special grace and of our certain Knowledge and meer motion have given and granted and by these presents do give and grant for us the Heirs and Successors of us the aforesaid Queen to the aforesaid George Howard All those two Acres of our Lands lying and being in Ashwynen in our County of Norfolk c. We also give and grant by these presents to the aforesaid George Howard Kt. Two pieces of our Lands called Nettlehamsted and VVikemans containing by estimation 15. Acres lying and being in VVymondhom aforesaid in the County aforesaid now or late in the tenure or occupation of John Coleman and late to the Monastery of VVyndmondham sometimes belonging and appertaining and being parcel of the possessions thereof c. We also give for the Consideration aforesaid by these presents for us the Heirs and Successors of us the aforesaid Queen grant to the aforesaid George Howard Kt. all and all manner of Woods and Underwoods and our Trees whatsoever of in and upon the premises growing and being and all the Land Ground or Soyl of the same Woods Underwoods and Trees and the Reversion and Reversions whatsoever of all and singular the premises above expressed and specified and to every parcel thereof as also the yearly Rents and profits whatsoever reserved upon whatsoever Demises and Grants of the premises or any parcel thereof any wise made as fully and wholly and in as ample manner and form as any Abbots Priors of the said late Abby or Priory or any of them or any Guardians or any Chapleins Chaunters or Incombents or any Chaplein Chaunter or Incumbent of Chauntry Guilds Lamps Obits and Lights aforesaid or any other or others the premises or any parcel thereof having possessing ever had held or enjoyed or ought to have hold use or enjoy as fully freely and wholly and in as ample manner and form as all and singular the premises to our hands or to the hands of the most dear Father of us the said Queen Henry the 8th late King of England Or unto the Hands of our most dear Brother of us the said Queen Edward the 6th late King of England by reason or colour of the several Dissolutions of the said late Monastery Priory Chauntry Guild Lamps Obits and Lights aforesaid or by reason of any Act of Parliament or any Acts of Parliament or any other lawful means Right or Title ought to come and in our Hands now of right by reason of the dissolutions of the said late Monastery Priory Chauntry Guild Lamps Obits and Lights are or ought to be All which singular premises with the appurtenances from us and from the Father and Brother of us the said Queen were concealed and detayned and the Rents and Revenews thereof nor of any parcel thereof to us before this time were answered And all which and singular premises with the appurtenances now in the whole do amount to the cleer yearly value of 22. pounds 8. shillings and 6. pence and not above that is to say c. the aforesaid Lands Tenements Meadows Pastures and other the premises in Possewicke Kerringham Massingham Great â—erlingham Gist Girston Holm Hunstonston Alderford Duckleborough Boyton in the Parish of St. George in the City of the County of Norwich Buckenham New Winondham Plamsted Tylenham Southelingham Dinham and Estlyham aforesaid in the said County of Norfolk to the cleer yeerly value of 56. shillings and 4. pence And if it shall happen the aforesaid Lands ands Tenements above expressed or any parcel thereof at the time of the making of these our Letters Patents to be of greater yeerly value old Rent than in those present Letters Patents is particularly specified That then it shall be lawfull for us the said King and Queen and the Heirs and Successors of us the aforesaid Queen from time time during the Term of 10. yeers after the date of these Letters Patents into all the aforesaid Lands Tenements and other the premises and every parcel thereof so being of greater yeerly value to enter and the same to seize and have in our hands and our possession to keep until we the said King and Queen the Heirs and Successors of us the aforesaid Queen of so many summs of good and lawful mony of England to how much the said greater and yeerly value of the premises or any parcel thereof according to the rate of purchase of 21. yeers do amount unto we be thereof satisfied and paid To have and to hold and enjoy the aforesaid Messuages Houses Buildings Lands Tenements Meadows Feedings Pastures Woods Underwoods Rents Services and other Hereditaments whatsoever with the appurtenances And all and singular the premises with all their appurtenances to the aforesaid George Howard Kt. his Heirs and Assignes to the proper use and behoof of him the said George and his Heirs and Assignes for ever To hold the aforesaid Messuages Lands Tenements and all and singular other the premises with their appurtenances of us and of the Heirs and Successors of us the aforesaid Queen as of our Mannor of East Greenewich by Fealty only in free Socage and not in Capite for all Rents Services and demands whatsoever for the same to us the Heirs and Successors of us the aforesaid Queen for the same to be any way rendred paid or to be done And further of our further special grace We have given and granted and by these presents for us the Heirs and Successors of us the aforesaid Queen We give and grant to the aforesaid George Howard Kt. from henceforth All and singular the Rents Reversions and profits of all and singular the premises from the Feast of the Annuntiation of the blessed Mary the Virgin last past hitherto coming or arising To have the same of our gift without account or any other thing to us the Heirs and Successors of us the aforesaid Queen in any manner to be rendred paid or done We Will also and by these presents grant to the aforesaid George Howard that he have and shall have these our Leters Patents in due manner made and sealed Without any Fine or Fee great or small to us in our Hamper or elsewhere to our use for the same any wayes to be rendred paid or done because expresse mention c. In Witnesse c. T. R. and R. at Westm the 9th day of July in the yeers the 4th 6th of Philip and Mary And further the Jurors aforesaid say upon their Oath That at the aforesaid time of the making of the said Letters Patents so as before is said to the aforesaid George Howard The Mannor aforesaid from the aforesaid late King and Queen was
the 8th the 11th at Pettesâ—o aforesaid By her certain Writing of Release which the said Warden or Rector and Scholars with the Seal of the aforesaid Sibil sealed here in Court bring whose date is the same day and yeer remised released and altogether for her and her Heirs for ever quit claimed to the aforesaid Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor then of the Mannors aforesaid with the appurtenances in form aforesaid being seized in their full and peaceable possession then being their Heirs and Assignes for ever All her Right Claim Title Use Interest and Demand which ever she had now hath or at any time after might have of and in the Mannors aforesaid with the appurtenances And further the said Sibil by her aforesaid Writing granted for her and her Heirs That she the said Sibil and her Heirs the Mannors aforesaid with the appurtenances to the said Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor their Heirs and Assignes against the then Abbot of Westminster and his Successors would warrant and for ever defend as by the said Writing of Release more fully appeareth And this the said Warden or Rector and Scholars are ready to averr whereupon they demand Judgement if the aforesaid Robert Chamberlain against the aforesaid Writing of Release the said Warranty of the said Sibil his Ancestor whose Heir the said Robert is in it contained his Action aforesaid against them ought to have c. And the aforesaid Robert Chamberlain saith that he for any thing before alleged to have his Action aforesaid ought not to be barred because he saith That long before the aforesaid Deed and before the aforesaid Alured Richard Danvers Nicholas Stathum and William Collow had any thing in the Mannors aforesaid with the appurtenances The aforesaid Richard Chamberlain was seized of the aforesaid Mannors with the appurtenances in his Demesn as of Fee And the said Richard so thereof being seized before the gift aforesaid that is to say the 12th day of June in the yeer of the Lord Edward late King of England the 4th after the Conquest the 11th The aforesaid Richard Danvers Alured Cornburgh Nicholas Stathum and William Collow out of the Court of the Chancery of the said late King Edward the 4th at Westminster in the County of Middlesex then being brought and prosecuted a certain Writ of the said late King Edward the 4th of Right against the said Richard Chamberlain then being Tenant of the Free hold of the Mannors aforesaid with the appurtenaces amongst other things to the then Sheriff of the County of Buckingham directed By which Writ the said late King then and there commanded the said Sherif That he should command the said Richard Chamberlain by the name of Richard Chamberlain Esq that justly and without delay he render to the said Richard Danvers Alured Nicholas and William by the names of Richard Danvers Alured Gorneburgh Esq Nicholas Stathum and William Collow the Mannor aforesaid with the appurtenances amongst other by the names of the Mannors of Pettesho and Eckney with the appurtenances 6. Messuages 200. Acres oâ— Land 20. Acres of Medow 200. Acres of Pasture 100. shillings Rent with the appurtenances in Pettesho Eckney Emberton which he claimeth to be his Right Inheritance And whereupon they complained Chamberlain them unjustly deforced and unlesse he do and the aforesaid Richard Danvers Alured Nicholas and William Collow should him the said Sheriâ— secure to prosecute their claim That then he summon by good summoners the aforesaid Richard Chamberlain that he be before the then Justices of the said late King Edward the 4th here that is to say at Westminster aforesaid from the 15. day of St. John the Baptist then nexâ— following to shew wherefore ye shoâ—ld not do And that he have then this summons and that Writ Because Thomas Rokes Esq Chief Lord of the same Fee remised thereof his Court to the said late King Edward the 4th At which 15. dayes of John the Baptist before Thomas Brian Kt. and his Companions then Justices of the said late King Edward the 4th of the Bench here that is to say at Westminster aforesaid came aswell the aforesaid Richard Danvers Alured Nicholas Stathum and William Collow by Thomas Gurney their Attorny as the aforesaid Richard Chamberlain by John Wildstall then his Attorny And then the Sherif of the aforesaid County of Buckingham that is to say Reginald Gray Esq then there returned the Writ aforesaid to him in form aforesaid directed in all things served and executed and sent that the aforesaid Richard Danvers Alured Nicholas and VVilliam Collow found to the said then Sherif sureties to prosecute his Writ aforesaid that is to say Richard Doo and Iohn Roo And that the said Richard Chamberlain was summoned by Iames Tye and Iohn Baker good summoners c. And hereupon The said Richard Danvers Alured Nicholas Stathum and William Callow by the said Thomas Gurney their Attorney in the said Court of the aforesaid late King Edward the 4th of the Bench here that is to say at Wostminster aforesaid at the 15. dayes aforesaid of St. Iohn Baptist Declared against the said Richard Chamberlain of and upon their Writ aforesaid and upon their Writ aforesaid by the same Thomas Gurney demanded against the aforesaid Richard Chambrlain the Mannors Tenements Rents aforesaid with the appurtenances in the said Writ of Right specified as their Right and inheritance by the aforesaid Writ of the said late King Edward the 4th because the aforesaid Thomas Rokes Chief Lord of the same Fee Released thereof his Court to the said late King And whereupon then they said That they themselves were seized of the Mannors aforesaid and of the Rents aforesaid with the appurtenances in the said Writ of Right specified in their Demesn as of Fee and Right in the time of Peace in the time of the said late King Edward the 4th taking the profits therof to the value c. And that such is their Right then they did offer c. And the aforesaid Richard Chamberlain by the aforesaid John Wildstaâ—e by his Attorny came and defended the Right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right c. And all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified and then vouched hereof to warranty Robert King who was present in the same Court in his proper person and willingly the Mannors and Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified to them then did warrant c. Whereupon the aforesaid Richard Danvers Alured Nicholas and William then demanded against the aforesaid Robert Tenant by his warranty the Mannors Tenements and Hereditaments aforesaid in the said Writ of Right specified in form aforesaid c.
And whereupon then they said That they themselves were seised oâ— the Mannors Tenements and Rents aforesaid with the appurtenances in their Demesn as of Fee and Right in the time of peace in the time of the said late King Edward the 4th taking thereof the profits to the value c. And the aforesaid Robert Tenant by his warranty aforesaid defended the right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right and all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified And then put himself on the grand Assize of the said late King Edward the 4th and then demanded Recognition to be made whether he more right then had to hold the Mannors Tenements and Rents aforesaid with the appurtenances to him and his Heirs as Tenant thereof by his warranty as he then held or the aforesaid Richard Danvers Alured Nicholas and VVilliam to have the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified as they above them demanded c. And the aforesaid Richard Danvers Alured Nicholas and VVilliam then returned back in the same Court the same very Term of Holy Trinity in the year of the Reign of the said late King Edward the 4th after the Conquest the 11th by their then Attorny aforesaid And the aforesaid Robert sollemnly called did not come back but departed in despite of Court and made default wherefore it was then granted by the same Court That the aforesaid Richard Danvers Alured Nicholas and VVilliam should recover their seisin against the aforesaid Chamberlain of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified To hold to them and their Heirs quietly from the aforesaid Richard Chamberlain and his Heirs And that the aforesaid Richard Chamberlain then should have of the Lands of the said Robert to the value c. And that the said Robert should then be in mercy c. as by the Record and Processe thereof here in Court remaining it manifestly appeareth Which Recovery in form aforesaid had was had to the use and intent that the aforesaid Alured Richard Danvers Nicholas Stathum and VVilliam Collow should give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and the Heirs Males of the Body of the said Richard Chamberlain issuing By Colour of which Recovery the aforesaid Alured Richard Danvers Nicholas and VVilliam Collow into the Mannors and Tenements aforesaid with the appurtenances entred and were thereof seised in their Demesn as of Fee to the use and intent aforesaid And so thereof to the use and intent aforesaid being seised The said Alured Richard Danvers William Stathum and Willam Collow give the aforesaid Mannors with the appurtenances to the aforesaid Richard Chamberlain and Sibil By the names of Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain issuing as the said Robert Chamberlain by his Writ and Declaration aforesaid above supposeth By which gift the aforesaid Richard Chamberlain and Sibil were seised of the Mannors aforesaid with the appurtenances that is to say the said Richard Chamberlain in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Sibil in her Demesn as of Free hold for the term of her life by the form of the gift aforesaid And afterwards the said Richard Chamberlain at Pettesho aforesaid took to Wife the aforesaid Sibil Great Grandmother of the aforesaid Robert Chamberlain and had issue male of his Body issuing the aforesaid Edward Chamberlain and afterwards the said Richard Chamberlain at Pettesho aforesaid dyed and the aforesaid Sibil him overlived and held her self in the Mannors aforesaid with the appurtenances and was thereof sole seised in her Demesn as of Free hold for the Term of her life by right of Survivor c. by the form of the gift aforesaid And afterwards the said Sibil by her aforesaid Writing of Release Remised and released to the aforesaid Richard Lyster Martin Linsey John Cottesford John Clayton and VVilliam Hogeson and Robert Taylor all her Right Claim Title State Use Interest and demand of and in the Mannors aforesaid with the appurtenances in manner and form as in the aforesaid Bar above is specified And that afterwards the said Sibil at Pettesho aforesaid dyed And from the aforesaid Richard the right descended by the form c. to the aforesaid Edward as Son and Heir c. And from the said Edward the right descended by the form c. to the aforesaid Leonard as Son and Heir c. And from the aforesaid Leonard the right descended by the form c. to the aforesaid Francis as Son and Heir c. And from the said Francis the right descended by the form c. to the said Robert who now demandeth as Son Heir c. as he by his Writ and Declaration aforesaid supposeth And this he is ready to averr wherefore for as much as by force of a certain Act of Parlament in the Parliament of the late Lord King Henry the 7 th at VVestminster aforesaid in the County aforesaid in the yeer of his Reign the 11 th holden made The aforesaid Warranty of the aforesaid Sibil in form aforesaid made is altogether void he demandeth Judgement and his seisin of the Mannors aforesaid with the appurtenances to be to him adjudged And the aforesaid Warden or Rector and Scholars say That by the aforesaid Act in the aforesaid Parliament of the late King Henry the 7 th â—t VVestminster aforesaid in the yeer of his Reign the 11 th abovesaid holden made It is provided That the Act aforesaid should not extend to any such Recovery or discontinuance in which the Heirs next inheritable to such Woman or where he or they who next after the death of the said Woman had or should have the estate of Inheritance in the said Mannors Lands and Tenements should be assenting or agreeing to the aforesaid Recoveries where the same assent or agreements are of Record or inrolled as by the said Act amongst other things it appeareth And the said Warden or Rector and Scholars further say That before the making of the said Writing of Release of the aforesaid Sibil and after the death of the aforesaid Richard Chamberlain Nicholas Evan Clerk and Thomas Hartop Clerk the Second Day of June in the yeer of the Reign of the said late King Henry the 8th after the Conquest the 4th out of the Court of the Chaâ—cery of the said late King then being at Westminster aforesaid sued forth an Original Writ of the said late King of Entry upon Disseisin in the Post against the aforesaid Edward Chamberlain of the Mannors aforesaid with the appurtenances to the then Sherifs of the County of Buckingham directed
the said Edward then being Tenant of the Freehold of the said Mannors with the appurtenances By which Writ the said late King commanded the said Sherif That the said Sherif should command the said Edward Chamberlain by the name of Edward Chamberlain Esquire that justly and without delay he render to the aforesaid Nicholas Evan and Thomas Hartop Clerk The Mannors aforesaid with the appurtenances amongst other by the names of the Mannors of Pettesho and Eckney with the appurtenances and of 6. Messuages 200. Acres of Land 20. Acres of Meadow 200. Acres of Pasture and 100. shillings of Rent with the appurtenances in Pettesho Eckney and Emberton which the said Nicholas and Thomas then claimed to be their Right and Inheritance and into which the said Edward Chamberlain had not entry but after the disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Nicholas Evan and Thomas Hartop after the first passage of the Lord King Henry Son of King John into Gascoign as they said and whereupon they complained the said Edward Chamberlain did them disseise And if the aforesaid Nicholas and Thomas Hartop secure him the said Sherif to prosecute their Claim Then he summon by good summoners the aforesaid Edward Chamberlain that he should be before the Justices of the said late King Henry the 8th here that is to say at Westminster aforesaid in the Morrow of St. John the Baptist then next following to shew why he did not do it And that he have then here the summons and that Writ At which Morrow of St. John the Baptist before Robert Read Kt. and his Companions then Justices of the said late King Henry the 8th of the Bench here that is to say at VVestminster aforesaid came aswell the aforesaid Nicholas Evan and Thomas Hartop by John Cowper then their Attorny as the aforesaid Edward Chamberlain by Thomas Palmer then his Attorny And the Sherif that is to say Ralph Verney Esq then returned here the Writ aforesaid in all things served and executed that is to say that the aforesaid Nicholas and Thomas found to the then Sherif sureties to prosecute his Sute aforesaid that is to say John Doo and Richard Roo And that the aforesaid Edward Chamberlain was summoned by John Den and Richard Fen And upon this the said Nicholas Evan and Thomas Hartop by declaring against the said Edward Chamberlain upon the Writ aforesaid Demanded against the said Edward Chamberlain The Mannors Tenements and Rents aforesaid with the appurtenances as their Right and Inheritance and in which the said Edward Chamberlain had not Entry but after the first passage of the Lord King Henry Son of King John into Gascoign c. And whereupon then they said that they themselves were seised of the Mannors Tenements and Rents aforesaid in their Demesn as of Fee and Right in the time of Peace in the time of the said late King Henry the 8th taking thereof the Profits to the value c. And unto which c. And thereof then they brought sute c. And the aforesaid Edward Chamberlain by the aforesaid Thomas Palmer his Attorny then defended his right when c. And then vouched thereof to warranty Thomas Fish who was then present in Court in his proper person and willingly the Mannors Tenements and Rents aforesaid to him did warrant and thereupon the said Nicholas Evan and Thomas Hartop demanded against him the said Thomas Fish then Tenant by his Warranty The Mannors Tenements and Rents aforesaid with the appurtenances in form aforesaid c. And whereupon they then said That they were sâ—ised of the Mannors Tenements and Rents aforesaid with the appurtenances amongst other things in their Demesn as of Fee and Right in the time of Peace in the time of the aforesaid late King Henry the 8th taking the profits thereof to the value c. And the aforesaid Thomas Fish Tenant by his Warranty aforesaid then defended his Right when c. And then prayed licence thereof to imparl and had it c. And afterwards the very same Term the aforesaid Nicholas Evan and Thomas Hartop returned back here into the Court aforesaid of the said late King Henry the 8th by their Attorny aforesaid and the aforesaid Thomas Fish Tenant by his warranty aforesaid did not come back but in despite of Court departed and made default Therefore then it was granted by the aforesaid Court here That the aforesaid Nicholas Evan and Thomas Hartop should recover their seisin against the said Edward Chamberlain of the Mannors Tenements and Rents aforesaid with the appurtenances and that the said Edward should have of the Lands of the aforesaid Thomas Fish to the value and that the said Thomas Fish should be in mercy c. as by the Record and Processe thereof here in Court remaining more fully appeareth Which Recovery in form aforesaid had was had to the use and to the intent That the aforesaid Nicholas Evan and Thomas Hartop of the Mannors aforesaid with the appurtenances should enfeoff the aforesaid Richard Lyster Martiâ— John Cottesford John Clayton William Hogeson and Robert Taylor To have and to hold to them and their Heirs for ever By Colour of which Recovery The aforesaid Nicholas Evan and Thomas Hartop into the Mannors aforesaid with their appurtenances entred and were thereof seised in their Demesn as Fee and so being thereof seised The said Nicholas and Thomas Hartop of the said Mannors with the appurtenances did 〈…〉 off the aforesaid Richard Lyster Martin Liâ—sâ—y John Cottesford John Clayton William Hogeson and Robert Taylor To have and to hold to them and their Heirs for ever By virtue of which Fâ—â—ffment the said Richard Lyster Martin John Cottesford John Clayton VVilliam Hogeson and Robert Taylor were seised of the same Mannors with the appurtenances in their Demesn as of Fee and so thereof being seised The aforesaid Sibil in the life of the said Edw. for the better security of the said Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the appurtenances according to Agreement between the same Edward and Sibil first before the aforesaid Recovery had by her Writing aforesaid of Release Remised and Released to the aforesaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor all her Right Claim Title State Use Interest and demand of and in the Mannors aforesaid with the appurtenances in 〈…〉 ner and form as they above have alleged And this they are ready to aver Whereupon they demand Judgement And that the said Robert Chamberlain from having his Action aforesaid against them â—e baâ—â—ed And the aforesaid Robert Chamberlain â—y Protestation taking it That the Recovery aforesaid was not had to the use and intent That the aforesaid Nicholas Evan and Thomas Hartop should infeoff the said Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also that
Right and that the said Countess of the said Reversion so seized of such her Estate thereof dyed seized And that after the Death of the said Countess the said Reversion descended to the abovesaid Edward late Earl of VVarwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter and Heir of the said Countess By which the said Edward late Earl of VVarwick was seized of the Reversion of the Mannor aforesaid with the appurtenances as of Fee and Right and that the said late Earl being thereof so seized That the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the Yeer of his Reign the 19th aforesaid made was in manner and form aforesaid And that by colour of the same Act the said late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances as of Fee and Right And that the said late King Henry the 7th being so thereof sezed and of the Mannor aforesaid with the appurtenances whereof c. in form aforesaid being seized of such his Estate thereof dyed seized After whose Death The Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid descended to the aforesaid late Henry late King of England the 8th as Son and Heir of the aforesaid Lord King Henry the 7th By which the said King Henry the 8th was seized of the Mannor aforesaid with the appuretenances whereof c. in his Demesn of Fee tail that is to say to him and the Heirs Males of Body lawfully issuing the Reversion thereof to him and his Heirs in form aforesaid expectant as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster aforesaid in due manner retorned and there remaining on Record more fully appeareth And the faid Richard furher saith That the aforefaid late King Henry the 8th so of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion thereof in form aforesaid being seized The said late King Henry the 8th the 3d. day of November in the yeâ—r of his Reign the 33th at Westminster aforesaid By this Letters Patents under his great Seal of England sealed which the said Richard here in Court brings bearing date at Westminster aforesaid the same Day and Yeer Reciting That whereas the said late King Henry the 8th the 20th day of Octber in the 19th yeer of his Reign by his Letters Patents had given and granted unto Walter Walshe by the name of VValter Walshe one of the Grooms of his Privy Chamber his Mannor of Grafton â—leuere by the name oâ— the Mannor of Grafton Fleeford with his appurtenances in the County of Worcester and the Advowson of the Church of Grafton Fleeford aforesaid as also all and singular hiâ— Messuages Lands and Tenements whatsoever in Grafton Fleeford in the County aforesaid together with the Knights Fees Wards Mariages Reliefs Rents and Services whatsoever to the Mannor and other the premises and to every part therof any wise soever belonging or appertaining To have and to hold the said Mannor and other the premises with all and singular their members and appurtenances whatsoever to the abovesaid Walter for the Term of his Life as in the said Letters Patents more fully it was contained And whereas also the said late King Henry the 8th the 6th day of December in the Yeer of his Reign the 21th by other his Letters Patents had given and granted to the aforesaid Walter Walshe and to one Elizabeth then his Wife by the names of Walter VValshe one of the Grooms of his Privy Chamber and Elizabeth his Wise the Mannor of Charleton in the County of Somerset by the name of his Mannor of Charleton in the County of Somerset with all and singular his members and appurtenances whatsoever by whatsoever right or title the said Mannor in the Hands of the said late King then were To have and to hold the said Mannor with the appurtenances to the said VValter and Elizabeth and their Assignes for the Term of the Lives of the said VValter and Elizabeth and the longer liver of them as in the said Letters Patents it was more fully conteined The aforesaid late King Henry the 8th Then in Consideration of the true and laudable Service to the said Lord the King by the aforesaid VValter VValshe before that time done and after to be done And for that the said VValter the aforesaid other Letters Patents to him of the aforesaid Mannor of Grafton Fleeford alias Fleuard and the same VValter and the aforesaid Elizabeth the aforesaid other Letters Patents to them of the aforesaid Mannor of Charleton with their Members and singular their appurtenances in form aforesaid made to the said late King Henry the 8th in his Chancery had restored there to be cancelled unto the intent that the said late King Henry the aforesaid Mannor of Grafton Fleuard with the appurtenances and the said Advowson of the Church of Grafton Fleuard and all and singular Messuages Lands and Tenements of the said Lord the King in Grafton Fleuard As also the aforesaid Mannor of Abottesly in the aforesaid County of VVorcester with their appurtenances whatsoever and the Advowson of the Church of Abottesly in the County aforesaid and all Lands and Tenements of the said Lord the King whatsoever with the appurtenances in Abottesly otherwise Abberley by other Letters Patents of the said late King to the said VValter and Elizabeth he would be pleased to grant Which said former Letters Patents in the Court of Chancery aforesaid at VVestminster aforesaid to the same intent at the time of the making of the aforesaid Letters Patents here in Court were delivered up and cancelled Of the special grace of the said King and of his certain Knowledge and meeâ— motion by the same Letters Patents here in Court shewed and brought forth gave and granted unto the said VValter VValshe and Elizabeth his Wife The aforesaid Mannors of Grafton Fleuard and Abottesly otherwise Aberley with all and singular their members and appurtenances as also all and singular Lands Tenements Reversions Services Knights Fees Liberties Franchises Courts Leets Views of Frank-pledges Parkes Warrens Waifes Strayes and other Commodities and Privileges whatsoever within the aforesaid Mannors or any of them being or unto the said Mannors or any of them in any maÌ„ner belonging or appertaining To have and to hold the Mannors aforesaid and every of them and all the premises so as before is said by the said Letters Patents here in Court shewed forth granted and every part thereof with their members â—d appurtenances whatsoever to the said VValter VVaâ—she and Elizabeth his Wife and to the Heirs Males of the Body of the sâ—â—d VValter begotten as by the said Letters Patents amongst other things more fully appeareth And the said Richard saith That the aforesaid VValter long before the making of the aforesaid Letters Patents and at the time of the making thereof and long
Patents had given and granted to the abovesaid VValter and to one Elizabeth then his Wife The aforesaid Mannor of Charleton with the appurtenances in the said County of Somerset To have and to hold to the said VValter and Elizabeth and the longer liver of them The late King Henry the 8th for that that the said VValter the aforesaid Letters Patents to him of the aforesaid Mannor of Grafton Fleuard and the said VValter and the aforesaid Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton in form aforesaid made to the said late King Henry the 8th in his Chancery had delivered up there to be cancelled By the said letters patents gave and granted to the abovesaid VValter and Elizabeth the aforesaid Manor of Abotesly with the appurtenances whereof c. to have and to hold to them the said VValter and Elizabeth and to the heirs males of the bodie of the said VValter begotten And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact that the aforesaid late King Henry the 8th by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them as by the Law he ought to have shewed and because expresly it is not shewed in the said plea that the same grants were made but only by way of recital The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th in the yeer of his Reign the 23th aforesaid made are void and insufficient in Law And the said late King in his grant aforesaid by reason thereof was deceived And in this That the aforesaid Richard in his Plea aforesaid allegeth that the aforesaid VValter and Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton made in the Chancery of the said late King Henry the 8th had surrendred and procured to be cancelled By which the Estate of the said VValter and Elizabeth of and in that Mannor was determined Whereas by the Law of the Land the estate of the said Elizabeth then being under Covert Baron by the surrendring and cancelling of the said Letters Patents was not determined or surrendred up And upon this That whereas the aforesaid Richard Bushopp in his pleading alleged That by the aforesaid Act of Parliament of the said late King Henry the 8th the 8th day of June in the 28th year of his Reign made it was Enacted That the said late King Henry the 8th his Heirs and Successors should have hold and enjoy all and singular the Mannors aforesaid with the appurtenances in Fee simple saving alwayes to all person and persons Bodies politique and Corporate their Heirs and Successors and to the Heirs and Successors of every of them other than to the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earl of Warwick Brother of the said late Countess all such Rights Titles Uses Interests Term of years demise demises Entries Actions Grants and Conditions which he or any of their Heir or the Heirs or Successors of any of them have or had or might to have or ought to have had if the said Act of Parliament had never been made any thing in the said Act to the contrary thereof notwithstanding And the aforesaid Richard Bushopp in his Plea aforesaid doth not allege in fact That the aforesaid Ann now Countess of Warwick in whose Right and as Servant of which Countess the said Richard makes Justification of the Trespass and Intrusion aforesaid was not Heir of the said Richard late Earl of Warwick as by the Law of the Land it ought to be shewed and in this that by the said Act of the 28th abovesaid The aforesaid Mannor of Abbottesley with the appurtenances whereof c. was given by express words to the said late King Henry the 8th his Heirs and Successors and thereof the said Saving in the same Act mentioned is repugnant and void to reserve any right in that Mannor to any other person and therefore the aforesaid Walter Walshe and Elizabeth his wife to have or claim any right or estate of or in the said Mannor by force of the said Act of Parliament are barred And in this That whereas the aforesaid Plea of the said Richard Bushopp above in Barr pleaded is insufficient in Law to discharge or excuse him the said Richard of the Trespass intrusion and ingress aforesaid upon which Plea the aforesaid Attorney of the said Lady the Queen had demurred in Law and demanded Judgement there for the said Lady the Queen yet that notwithstanding it is adjudged by the Barons That the Plea of the said Richard is sufficient in Law him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood otherwise Aluingâ—on-wood the aforesaid first day of February in the year of the Reign of the said Lady the Queen that now is the 32th and from the same day until the exhibiting of the Information aforesaid and of the taking of the issues and profits thereof by that time to discharge And so the same Attorney General for the said Lady the Queen saith That in the Record and process aforesaid and in the giving of the Judgement aforesaid it is manifestly erred And thereupon the said Attorney of the said Lady the Queen for the said Lady the Queen prayeth That the Judgement aforesaid for those Errors and others in the Record and Process aforesaid be revoked annulled and be had for nothing And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at a certain day to hear the Record and Process aforesaid as also the aforesaid Errors which he the said Attorny General of the said Lady the Queen that now is there alleged and it is granted unto him And it is commanded to the Sherif of the said County of Worcester That by good and lawful men of his Balywick he give warning to the said Richard Bushop that he before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid upon Tuesday falling the 26th day of the said Moneth of April to hear in form aforesaid if c. And further c. that to the Court c. At which day the same Sherif that is to say Edward Harwell Esquire retorned the Writ aforesaid and sent that the said Writ was so late delivered unto him that for the shortnesse of the time he could not execute it Yet the aforesaid Richard Bushop before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at the same day comes into the Chamber aforesaid by Arthur Salway his Attorny and demands the hearing of the Record and of the Processe as also of the aforesaid Errors and they are read
said Lands Tenements as is as aforesaid left to descend to Thomas my Son do not amount to satisfie the Queens Highnesse of the Thirds or third part to be due unto her Highnesse Then my Will and meaning is That so much other Lands next adjoyning to the said Eastendown shall descend and be to my said Thomas Digges as shall suffice to satisfie and make up the Queens Highnesse Thirds or third part and that her Highnesse be answered out of the Rents and Profits of the same and out of the Demesn made of the Mannor of Owtelmestone Item I will That Thomas Ovington aforesaid immediatly after my departure of this present world shall sell all my Lands in the Parishes of Hards and Nackington in the County aforesaid with the Rents thereunto belonging Item I will That the said Thomas Ovington or his Assignes immediatly after my death sell all those my Lands Tenements and Hereditaments with the Appurtenances whatsoever in the Parishes of Sturrey and Hackington otherwise St. Stephens in the County of Kent aforesaid and all those my Gardens in the County of Canterbury aforesaid for the sum of 200. pounds of good and lawful Mony of England And I will that the said 200. pounds comming of the sale of my Lands Tenements and Hereditaments aforesaid with the appurtennces in Sturrey Hackington and in the County of Canterbury And also that all the Money coming of the sale of all my Lands in the Parishes of Hards and Nackington aforesaid shall go and be imployed towards the payment of my Debts and for and towards the performance of this my present Testament and last Will. Item I will That if Martha my Wife by Release or otherwise will grant over all that Estate that she hath or may have in the Lands in Hards and Nackington aforesaid with the Rents thereunto belonging by way of Joynture unto such as the said Thomas or his Assignes shall make sale thereof That then the said Martha for and in recompence of her said Joynture therein shall have for term of her life all my Lands in Barham abovesaid which I purchased of Mr. William Awcher and also all my Lands there as I late had of Mr. William Boyes by way of Exchange for other Lands Item I will That Harry Aldy and Nicholas Frankline aforesaid shall have all the aforesaid Lands and Tenements with their Appurtenances Rents Reversions Services and Hereditaments other than such as before are given to Thomas Digges my Son and to Martha my Wife for the term of her life or by the way of Joynture or otherwise or willed to be sold as aforesaid and shall receive and take the yeerly Revenews and Profits thereof for and towards the further and full payment of my Debts and Legacies and Annuities afore expressed and here under mentioned and also of my Funeral Charges for and towards the bringing up of my Sons and Daughters aforesaid until either Martha my Wife or the aforesaid Thomas Ovington and Richard Brook or the aforesaid Thomas Ovington enter into Bond unto the said Henry Aldy and Nicholas Franklin or to their Assignes in such manner and form as before is expressed Item I will that if the aforesaid Thomas Ovington and Richard Brook within one moneth after such refusal aforesaid my Wife do enter into Bond unto the abovesaid Hen. Aldey Nic. Franklin as is aforesaid within the time aforesaid That the said Tho. Rich. immediatly after such Bond had made shall have the Lands Tenements aforesaid and other Hereditaments whatsoever other than such as before are given to Thomas Digges my Son or to Martha my Wife for Term of her life by way of Joynture or otherwise or appointed to be sold or are appointed to the Poor as is aforesaid and shall receive and take the yeerly Revenews and Profits thereof in such manner and form and for such purpose and effect and for no other and for so long as my aforesaid Wife should have done if she should have entred into Bond as aforesaid But if the aforesaid Richard Brook do not within the time above limited enter into Bond to the aforesaid Henry and Nicholas with the said Thomas Ovington in manner and form aforementioned but shall refuse or neglect so to do Then I will if the aforesaid Thomas Ovington within the time aforesaid do enter into Bond unto the aforesaid Henry Aldy and Nicholas Franklin in the sum of 400. pounds according as is above specified Then I will immediatly after the said entry into such Bond by the said Thomas Ovington unto the said Henry and Nicholas made and done That then the said Thomas Ovington or his Assignes shall have the aforesaid Lands and Tenements Rents Reversions and Hereditaments other then such as before is given to Thomas Digges my Son or to Martha my Wife or appointed to be sold or appointed to the Poor to dwell in as aforesaid And receive and take the yeerly Revenews and Profits thereof in such manner and form and for so long as my aforesaid Wife or her Assignes should have done if she should have entred into Bond as is aforesaid and as the aforesaid Richard Brook and the said Thomas Ovington and their Assignes should have done if the said Thomas Ovington and Richard Brook had entred into Bond unto the aforesaid Henry and Nicholas as is above specified Item I will after all my Debts Legacies Payments Annuities and Funeral Charges shall be fully satisfied discharged or be or may be fully levied That then all my Lands and Tenements with their Appurtenances other than the Lordship of Yok and the Manor of Fokeham with their Aphurtenances in the Parishes of Leneham Freinsted and Harisham in the County of Kent aforesaid and the Lands of Barham aforesaid appointed to my Wife for term of her life as is aforesaid And the Lands and Tenements in Sturrey and Hackington otherwise Saint Stephens in Canterbury and the Lands in Hardes and Nackington aforesaid with the Rents thereunto belonging appointed to be sold as aforesaid excepted and reserved shall be to my Eldest Son then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly unto every other of my Sons then living untill every of them shall come to the age of 24. yeers 4. pounds of lawful mony of England at the Feast day of the Annunciation of our blessed Lady the Virgin and Saint Michael the Archangel by even portions half yeerly to be paid and also paying yeerly to every of my aforesaid Daughters then living until every of them shall be maried or shall come to the age of 21. yeers five Marks of lawful Mony of England at the Feast days next aforesaid by even portions yeerly to be paid And if default of payment happen to be of the aforesaid several 4. pounds yeerly to every or any of the aforesaid Sons as is aforesaid or of the aforesaid several five Marks yeerly to be paid to every or any of the aforesaid Daughters
demesn â—ands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and privileged of and from the payment of Tithes whatsoever in and upon the capital Messuage aforesaid and other the premises with their Appurtenances or any part thereof growing renewing or in any wise happening the aforesaid 4th day of July in the yeer of the reign of the aforesaid late King Henry the 8th the 38th aforesaid at Eastmeon aforesaid by his aforesaid Indenture with the Seal of his Bishoprick sealed bearing date the said day and yeer demised to the aforesaid Robert Wright the Grandfather of the aforesaid Robert The Moyety of the demesn Lands aforesaid with the Appurtenances by the name of all the demesn Lands of the Manor of Eastmeon aforesaid of old appertaining with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old situate lying and being with the Appurtenances which Moyety then lay in the Fields on the South part of the Town of Eastmeane aforesaid To have and to hold the said Moyety with the Appurtenances to the aforesaid Robert Wright the Grandfather and to his Assignes from the Feast of St. Michael the Archangel which then should be in the yeer of our Lord God 1575. until the end and Term of 40. yeers from thence next following and fully to be ended And that afterwards that is to say The aforesaid 20th day of July in the 38th yeer aforesaid the aforesaid William Kingsmill then Dean of the aforesaid Cathedral Church of the Holy Trinity of Winchester and the Chapter of the same place at Winchester aforesaid in their Chapter-house aforesaid by their Writing aforesaid sealed with the Chapter-Seal aforesaid in the life of the aforesaid late Bishop and in the life time of the aforesaid Robert Wright the Grandfather confirmed and ratified And that the said Robert Wright by virtue of the demise and confirmation aforesaid was of the interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed and so thereof being possessed the aforesaid 14th day of August in the yeer of our Lord 1658. aforesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted the aforesaid Margaret and Nicholas Wright his Executors and by the said his Will gave and bequeathed all his interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Edward Wright Son of the said Robert the Grandfather And afterwards at Eastmeon aforesaid dyed of his Interest aforesaid in form aforesaid possessed After whose death the aforesaid Edward by the assent of the Executors aforesaid was of the Interest of the aforesaid Term of yeers of and in the Moyety aforesaid with the Appurtenances possessed And that the said Edward so being thereof possessed the aforesaid 11th day of July in the yeer of our Lord 1563. abovesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted one Agnes then his Wife his Executrix of his Will aforesaid And by the said his Will gave and bequeathed all his Interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Robert Wright the now plantif and afterwards there dyed of such his interest aforesaid of and in the Moyety aforesaid with the Appurtenances in form aforesaid possessed And that the said Robert now plantif by the consent of the said Agnes the burden of the Execution of the Will aforesaid upon her taking was of the Interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed until the Feast of St. Michael the Archangel in the yeer of our Lord 1575. immediately after which Feast the said Robert into the Moyety aforesaid with the Appurtenances entred and was thereof possessed and that the aforesaid Robert thereof so possessed the said Tenements with the Appurtenances likewise had and occupyed and ought to have and occupy of and from the payment of Tithes whatsoever of in and upon the Moyety aforesaid with the Appurtenances or any part thereof yeerly any wayes growing happening renewing or arising by the occasion aforesaid alleged utterly discharged acquitted freed and privileged by reason of the Prescription and Privilege aforesaid and by force of the said Statute aforesaid in the aforesaid Parliament of the aforesaid late King Edward the 6th at Westminster aforesaid the aforesaid 4th day of November in the second yeer of his Reign of the payment of Tithes then made as the aforesaid Robert VVright now plantif above alleged But the said John VVright further saith That the aforesaid Judges Delegates in the aforesaid Court before them the Plea and Allegations of the aforesaid Robert Wright now plaintif allowed and the Proofs thereof by him the said Robert brought accepted and admitted Without that that the aforesaid Judge Delegates in the aforesaid spirituâ—l Court before them the Plea Allegations and Proofs of the aforesaid Robert VVright now plan if â—foresaid refused to admit in manner and form as the aforesaid Robert now plantif above hath alleged And this he is ready to aver whereupon he demands Judgement and the Writ of the Lady the Queen of consultation to him in this behalf to be granted And the aforesaid Robert VVright now Plantif saith That he for any thing by the aforesaid John VVright above in pleading alleged The said Writ of the said Lady the Queen of Consultation ought not to have because he saith That the Plea aforesaid by him the said John VVright in form aforesaid above pleaded the matter therein contained is insufficient in Law to the aforesaid Writ of the Lady the Queen of Consultation to be brought to which the said Robert needeth not nor by the Law of the Land is bound in any wise to answer wherefore for default of sufficient answer in this behalf The said Robert demandeth Judgement and his damages aforesaid for the occasion aforesaid to be adjudged unto him c. And the aforesaid John VVright saith That the Plea aforesaid by him the said John in manner and form aforesaid above pleaded and the matter in the same contained is good and sufficient in Law to the aforesaid Writ of the said Lady the Queen of Consultation to have and demand which Plea and the matter in the same contained the said Iohn is ready to aver and prove as to the Court c. And because the said Robert to that Plea doth not Answer nor the same hitherto any wise denyeth the said Iohn as at first demandeth Judgement the Writ of the said Queen of Consultation in this behalf to be granted unto him c. And because the Court of the Lady the Queen here of giving their Judgemen of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until the same next after to hear their Judgment oâ— and upon the premises c. Because the Court of the Lady the
c. into the Manor aforesaid with the appurtenances wherof c. amongst other entred and was thereof seised in his demesn as of Feetail that is to say to him and his Heirs Males of his body lawfully begotten and that the aforesaid William Capel the Son of the said Manor with the Appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel Son of the aforesaid Edward Capel the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid by the aforesaid his Writing granted to the aforesaid Anthony Capel the aforesaid annuity or yeerly Rent of 50. pound to be going out of the Manor aforesaid with the appurtenances whereof c. as the aforesaid Thomas Gately above alleged But the said John Hunt further saith That the aforesaid William Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised That the Fine was levyed in the Court of the said Lady the Queen that now is here at Westminster aforesaid from the day of Saint Martin in 15. dayes in the yeer of her Reign the 19th before James Dyer Richard Harper Roger Manwood and Robert Mounson then Justices of the said Lady the Queen of the Bench here and afterwards in the 8th day of Saint Hillary in the yeer of the Reign of the said Lady the Queen that now is the 19th aforesaid there granted and Recorded before the same Justices and other the said Lady the Queens faithful people then there present Between Richard Wooton and Richard Shawley Plaintiffs and the aforesaid Will. Capel defendaÌ„t of the Manor aforesaid with the Appurtenances whereof c. amongst other By the names of the Manors of Capel otherwise Hugh Capel Showle and Okeridge with the Appurtenances and 20. Messuages 10. Tofts 20. Cottages 2. Mills 3. Dovehouses 800. Acres of Land 260. Acres of Meadow 1700. Acres of Pasture 200. Acres oâ— Wood 1000 Acres of Furz and Heath and 5. pound Rent with the Appurtenances iâ— Capel otherwise Hugh Capel Showle Okeridge â—â—rkell and â—edbary As also of the Advowson of the Church of Capel otherwise Hugh Capel whereof a Plea of Covenant was summened between them in the said Court That is to say That the aforesaid William acknowleged the aforesaid Manors Tenements and Rents with the Appurtenances and the Advowson of the Church aforesaid to be the Right of the said Richard as these which the said Richard and John had of the gift of the aforesaid William and those remised and quit claimed from him and his Heirs to the aforesaid Richard and John and the Heirs of the aforesaid Richard forever And further the said William granted for him and his Heirs That they warrant to the aforesaid Richard and Iohn and to the Heirs of the said Richard the aforesaid Manors Tenements Rents with the Appurtenances and the Advowson aforesaid against all Men forever And for that Recognition remise quit claim Warranty Fine and Concord The said Richard and Iohn gave to the aforesaid William 700. pound Sterling Which Fine in form aforesaid levied was levied and had to the use of the said Iohn Hunt and his Heirs By virtue of which Fine and by force of the Statute aforesaid the said Iohn was seized of the Manors aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said Iohn so thereof being seized Thomas Spenceley and Baldwin Castleton before the aforesaid time of the taking c. that is to say the 4th day of Iunuary in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid sued forth out of the Court of the Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being A certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against him the said Iohn Hunt of the Manor aforesaid with the Appurtenances whereof c. amongst other by the names of the Manor of Capel otherwise Hugh Capel otherwise How Capel with the Appurtenances and 20. Messuages 10. Toâ—ts one Mill 2. Dovehouses 500. Acres of Land 200. Acres of Meadow 600. Acres of Pasture 100. Acres of Wood 700. Acres of Furz and Heath and 4. pound Rent with the Appurtenances in Capel otherwise Hugh Capel otherwise How Capel Brocherton and Sellershop as also of the Advowson of the Church of Capel otherwise Hugh Capel otherwise How Capel To the then Sheriff of the aforesaid County of Hereford directed By which Writ the said Lady the Queen that now is To the said then Sheriff commanded That the said Sherif should command the said Iohn Hunt that justly and without delay he render to the aforesaid Thomas Spenceley and Baldwin the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid which the said Thomas and Baldwin to be their Right and Inheritance and in which the said Iohn then had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Thomas Spenceley and Baldwin within 30. yeers then last past as they said And if he should not do and the aforesaid Thomas Spencely and Baldwin should secure him the said Sheriff for the prosecuting of their claim Then he summon by good Summoners him the said John Hunt that he should be before the then Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of St. Hillary then next following to shew wherefore he did not do it And that the said then Sheriff should have there the summons and that Writ At which 8. dayes of St. Hillary before the aforesaid Janes Dyer Knight and his Companions then Justices of the said Lady the Queen of the Bench here came aswel the aforesaid Thomas Spenceley and Baldwin as the said John Hunt in their proper persons And James Warnecome Esquire then Sheriff of the aforesaid County of Hereford then and there retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say That the said Thomas Spenceley and Baldwin had found to him the said Sheriff sureties for to prosecute that Writ that is to say John Doo and Richard Roo And that the said John Hunt was summoned by John Den and Richard'â—en and upon that The aforesaid Thomas Spenceley and Baldwin declaring against him the said John Hunt upon the Writ aforesaid demanded against him the said John Hunt the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid as their Right and Inheritance and in which the said John had not then Entry but after the Deseisin which Hugh Hunt thereof unjustly and without Judgment did to the aforesaid Thomas Spenceley and Baldwin within 30. years c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rent aforesaid with the Appurtenances in
keep until of the aforesaid Annuity or yeerly Rent of 40. pound with the Arrerages thereof if any were they should be satisfied and paid as by the Record of the said Fine in the Court of the said Lady the Queen of the Bench aforesaid here remaining amongst other things more fully appeareth And the aforesaid VVilliam Cary afterwards that is to say the 4th day of March in the yeer of the Reign of the Lady the Queen that now is the 35th at Stow market aforesaid dyed After whose death By virtue of the Fine a-aforesaid last recited The aforesaid Martha was and yet is seized of the aforesaid Annuity or yeerly Rent of 40. pound in heâ— demesn as of Freehold for the Term of her life if the said Iohn Gardiner and Agnes his Wife or either of them should so long live And because 40. pound of the aforesaid yeerly Rent to the said Martha at and after the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 35th as also the aforesaid time in which c. were behind not payd The said VVilliam Brâ—don and Iohn Bredon as Bayliffs of the said Martha acknowledged the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for the said 40. pound of the Annual Rent aforesaid to the said Martha so being behind as in the Lands to the distresse of the said Martha of the Rent aforesaid in form aforesaid charged and bound c. With this that the said Iohn Bredon and VVilliam will aver That the aforesaid Martha is yet living and is in full life that is to say at Littlewrating in the aforesaid County of Suffolk c. with this also That the said William Bredon and John Bredon will aver That the aforesaid Agnes now Plaintiff and the aforesaid Agnes one of the Deforceants in the aforesaid several Fines named are one and the same person and not others or diverse c. And the aforesaid Agnes as to 20. pound of the yeerly Rent aforesaid at the Feast of the Annuntiation of the blessed Mary the Virgin in the 35th yeer abovesaid payable saith That she cannot deny but that the said 20. pound at the said Feast were behind to the aforesaid Martha not paid as the aforesaid William Bredon and John by their Conusance aforesaid supposed And as to the aforesaid other 20. pound of the aforesaid 40. pound Residue which the aforesaid William and John by this Conusance aforesaid suppose to have been behind not paid to the aforesaid Martha at the aforesaid Feast of Saint Michael in the 35th yeer abovesaid It is said That the aforesaid William Bredon and John Bredon by reason of the aforesaid taking of the Cattel aforesaid in the aforesaid place in which c. For the same 20. pound ought not acknowledge it to be just for it is said That well and true it is That the said John Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said John so thereof being seized The said Fine in the Conusance of the said William Bredon and John Bredon above first mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the Reign of the Lady the Queen that now is the 29th above written before the aforesaid then Justices and other the Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs And the aforesaid VVilliam Cary Esquire and John Gardiner and the said Agnes now Plaintiff then Wife of the aforesaid John Gardiner And the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Appurtenances in the Conusance aforesaid above mentioned and that the said Fine in form aforesaid levied was had and levied to the use of the aforesaid John Gardiner and of her the said Agnes for the Term of their lives and the longer liver oâ— them And after the decease of the aforesaid John and Agnes To the use of the aforesaid VVilliam Cary and the Heirs his body lawfully begotten And for default of such issue To the use of the aforesaid Robert Cary Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Act of transferring uses into possession holden made The aforesaid John and the said Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them the Remainder thereof after the death of them the said John and Agnes to the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever as the aforesaid William Bredon and John Bredon by his Conusance aforesaid above supposeth But the said Agnes further saith That the aforesaid Iohn Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said Iohn and Agnes and the longer liver of them in form aforesaid being seized the Remander thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry â—ary Knight Lord of Hunsdon and his Heirs expectant before the levying of the aforesaid second Fine in the Conusance of the said William Bredon and John Bredon above mentioned Another Fine was levied in the same Court of the said Lady the Queen that now is of the Bench here that is to say at Westminster aforesaid from the day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid Edmond Anderson Francis Windham and William Periam then Justices of the Lady the Queen of the Bench here and other of the Queens faithful people then and there present Between David Bulward and Robert Ham by the names of David Bulward and Robert Ham Plaintiffs And the aforesaid William Cary by the name of William Cary Esquire Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture
Court the very same Term in his proper person And the aforesaid David Howell although he be then sollemnly called doth not come back but in despight of the Court departeth and maketh default wherefore then it was granted in the said Court here That the said Roger should recover his seisin against the aforesaid David Bulward and Robert Ham of the Manor Tenements and Rents aforesaid with the appurtenances and that the said David Bulward Robert Ham should have of the Lands of the aforesaid William Cary to the value c. And that the said David Howell should be thereof in mercy c. Upon which the aforesaid Roger then in the same Court demanded the Writ of the Lady the Queen to have to him full seisia and possession of the Manor Tenements and Rents aforesaid to the Sheriff of the County aforesaid to be directed and to him it was granted retorunable here in the morrow of the Holy Trinity then next following At which day here cometh the aforesaid Roger in his proper person and the then Sheriff of the County of Suffolk The aforesaid Philip Tilney Esquire then sent here That he by virtue of the Writ aforesaid to him directed the 16th day of May then last past gave to the aforesaid Roger seisin of the Manor Tenements and Rents aforesaid with the appurtenances as by the said Writ to him it was Commanded c. Which Fine in the Barr of the aforesaid Agnes above specified in form aforesaid levyed and the Recovery aforesaid in form aforesaid had were levyed and had To the use of the aforesaid Iohn Gardiner and Agnes for the Term of their lives and the longer liver of them and after the decease of them the said Iohn Gardiner and Agnes to the use of the said William Cary and the Heirs of his body lawfully begotten By virtue of which Fine and Recovery in form aforesaid had and by force of the aforesaid Act of transferring of uses in possession The aforesaid Iohn Gardiner and Agnes were seised of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the term of the lives of the said Iohn and Agnes and the longer liver of them the remainder thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his body lawfully begotten expectant and the said Iohn Gardiner and Agnes so thereof being seised the Remainder thereof to the aforesaid William Cary in form aforesaid expectant The aforesaid Fine in the Conusans of the said William Bredon and Iohn Bredon above specified in form aforesaid was levyed in the aforesaid Court of the said Lady the Queen here from the aforesaid day of Easter in 15. dayes in the 32th year aforesaid before the aforesaid then Justices of the Lady the Queen of the Bench aforesaid here Between the aforesaid Io. Higham and Thomas Turner Plaintiffs and the aforesaid VVilliam Cary and Martha and the aforesaid Iohn Gardiner and Agnes deforceants of the Manor aforesaid with the appurtenances whereof c. And the aforesaid Iohn Higham and Thomas by the same Fine granted to the said Martha the aforesaid annuity or yeerly Rent of 40. pound to be issuing of him the aforesaid Manor with the Appurtenances whereof c. And the same to her in the said Court here in form aforesaid Rendred To have and to hold the same Annuity or yeerly Rent of 40. pound to the aforesaid Martha at the aforesaid Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by even portions yeerly to be paid all the life time of the said Martha if the aforesaid John Cardiner and Agnes the first payment thereof to Martha if the aforesaid J. Gardiner Agnes or either of them should so long live the first paymēt therof to begin at the Feast of the Feasts aforesaid next after the decease of the aforesaid VVil. Cary should first happen to be with the aforesaid clause of distress in the Fine mētioned And the aforesaid VVil. Cary afterwards that is to say the 24th day of March in the yeer 35th aforesaid at Stow-market aforesaid dyed After whose death by virtue of the Fine aforesaid The aforesaid Martha was and as yet is seized of the aforesaid Annuity or yeerly Rent of 40 p. in her demesn as of Freehold for Term of her life if the aforesaid Iohn Gardiner and Agnes or either of them shall so long live And this they are ready to aver Wherefore they demand Judgement and Retorn of their Cattel aforesaid together with their damages to be to them adjudged c. And the aforesaid Agnes as at first saith That the aforesaid Iohn Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee and he the said Iohn so thereof being seized the Fine aforesaid in the Conusance of the aforesaid William Bredon and Iohn Bredon first above mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th abovesaid before the aforesaid then Justices and others the said Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs and the aforesaid William Cary Esquire Iohn Gardiner and her the said Agnes now Plaintiff then the Wife of the aforesaid Iohn Gardiner and the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenancs whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the aforesaid Fine in the Conusance aforesaid first mentioned And that the said Fine in form aforesaid levied was had and levied To the use of the aforesaid Iohn Gardiner anc her the said Agnes for the Term of their lives and the longer liver of them and after the decease of the aforesaid Iohn and Agnes To the use of the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten and for default of such issue to the use of Robert Cary Knight and the Heirs of his Body lawfully begotten and for default of such issue to the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Statute of transferring uses into possession holden and made The aforesaid Iohn and Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said Iohn and Agnes and the longer liver of them the Remainder thereof after the death of them the said Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid
Henry Cary Knight Lord of Hunsdon and his Heis for ever And that the aforesaid John Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the said John and Agnes and the longer liver of them in form aforesaid being seized the Remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs oâ— his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Heny Cary Knight Lord of Hunsdon and his Heirs expectant Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon and John Bredon above second mentioned The aforesaid other Fine in the aforesaid Plea of her the said Agnes above specified was levied in the aforesaid Court of the Queen here from the aforesaid day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid then Justices and other the faithful people of the Lady the Queen then there present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid William Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid 20. Messuages One Dove house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One house Which Fine in form aforesaid levied and had was had and levied to the use of the aforesaid David and Robert Ham and to their Heirs for ever to the intent in the Plea of the aforesaid Agnes above mentioned the aforesaid John Gardiner and Agnes of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs expectant the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned in form aforesaid was had And the aforesaid Agnes further in Facto saith That the aforesaid John Gardiner and Agnes from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon and John Bredon second mentioned in form aforesaid was levied Without that that the aforesaid David and Robert Ham the aforesaid day of bringing of the Writ of the Lady the Queen of Entry Sur Disseisin in the Post in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned or ever afterwards were ever Tenants of the Freehold of the Manor Tenements and Rents with the Appurtenances in the Recovery aforesaid above mentioned as the aforesaid William Bredon and John Bredon above have alleged And this she is ready to aver Wherefore she demandeth Judgement and his Damages by occasion of the taking and unjust detaining of the Cattel aforesaid to her to be adjudged And the aforesaid William Bredon and John Bredon say That the aforesaid Plea of the aforesaid Agnes to the Conusance of them the said William and John as to the aforesaid 20. pound residue of the 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable above by Rejoynder pleaded is insufficient in Law to bar her the said Agnes from having her Action aforesaid of the taking of the Cattel aforesaid in the aforesaid place in which against them the said William and John or to bar the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. And that they to that Plea in manner and form aforesaid pleaded need not nor by the Law of the Land are bound to Answer for that that is to say That the aforesaid Induction of the Plea of the said Agnes to the Traverse aforesaid in her Plea aforesaid to the Conusance of them the said William and Iohn above rejoyning pleaded is not sufficient in Law to induce that Traverse And that the Traverse of the aforesaid Tenances of the David and Robert Ham the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post of the aforesaid Manor Tenements Rents with the Appurtenances in the same Plea pleaded is not material in Law And this they are ready to aver wherefore for want of sufficient Plea of the said Agnes in this behalf the said William and John as at first demand Judgement and the retorn of the Cattel aforesaid together with damages c. to be to them adjudged And the aforesaid Agnes for as much as she hath alleged sufficient matter in Law and the aforesaid William Bredon and John Bredon from their Conusance aforesaid as to the aforesaid 20. pound of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable to have to bar and the said Agnes to have her Action aforesaid against the said William and John above hath alleged which she is ready to aver which matter the aforesaid William and John do not deny nor to the same do any wayes Answer but the the same Averment utterly refuse to admit as before demandeth Judgement and her damages by occasion of the taking and unjustly detaining of the Cattel aforesaid to her to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes from Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswelthe aforesaid Agnes as the aforesaid Wil. Bredon J. Bredon by their Atornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswel the aforesaid Agnes as the aforesaid Wil. Bredon and John Bredon by their Attornies aforesaid And upon this The premises seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Plea of the aforesaid Agnes to the Conusance of the aforesaid William and John as to the aforesaid 20. pound residue of the aforesaid 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable by Rejoynder pretended is not sufficient in Law for the said Agnes to have her Action aforesaid of the taking of the Cattel aforesaid against the said William and John or to
should be fully satisfied and paid as by the said Writing amongst other things more fully appeareth By virtue of which Gift and Grant the said Ann was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And so thereof being seized The said Ann afterwards and before the time in which c. at Suâ—ton Atthone aforesaid took to Husband the aforesaid Dionisius And afterwards and before the time in which it is supposed the taking aforesaid of the Cattel aforesaid to be done that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th the aforesaid Dionisius at Sutton Atthone aforesaid dyed and the aforesaid Ann him over lived and was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by one whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th and within the space of 40. dayes then next following were not paid to the said Ann but were behind The said George Mason and Francis as Bayliffs of the said Ann do well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver Whereupon They demand Judgement and Retorn of the Cattel aforesaid together with their damages costs and charges by them about their Sute in this behalf put unto to be adjudged unto them c. And the aforesaid John Kettel saith That the aforesaid George Mason and Francis Easterly by any thing before alleged the taking of the Cattel aforesaid in the aforesaid place in which to be just ought not to acknowledge For he saith that long before the aforesaid time of taking of the aforesaid Cattel done and long before the grant of the aforesaid Annuity or yeerly Rent aforesaid of 40 pound And long before the said Dionisius Mayow had any thing of and in the aforesaid 8. Acres of Pasture with their Appurtenanes One Thomas Mayow was thereof seized in his demesn as of Fee And so being thereof seized The said Tho-Mayow before the time of the taking of the Cattel aforesaid long before the Grant of the aforesaid Annuity that is to say the 15. day of January in the yeer of the Reign of the Lady the Queen the 19th at Sutton Atthone aforesaid of the said 8. Acres of Pasture with the Appurtenances in which c. Enfeossed one Thomas Scot of Sutton Atthone aforesaid Gentleman and John Fremling of Dartford in the said County Baker amongst other things By the name of all those his Two Manors of Sawters and Sawley with the Barns Stables Dove-houses and all other the Houses and Buildings to the said Manors belonging Orchards Gardens with the Appurtenances situate lying and being in Sutton Atthone aforesaid then in the Tenure or Occupation of the said Thomas Mayow and also by the name of all other his Houses and Buildings Lands and Tenements Meadow Pasture Woods and Underwoods Rents and Reversions situate lying and being within the Towns Parishes and Fields of Sutton Atthone aforesaid Wilmington and Dartford or elsewhere in the aforesaid County of Kent as also the Reversion and Remainder of all and singular the premises Rents and yeerly profits reserved upon whatsoever Demises or Grants of the premises or any parcel thereof before then made To have and to hold the aforesaid Manors and other the premises with the Appurtenances whereof c. To the aforesaid Thomas Scot and John Fremling their Heirs and Assignes for ever to the only use and behoof of the aforesaid Dionise Mayow Son and Heir Apparent of the said Thomas Mayow his Heirs and Assignes for ever of the chief Lords of the Fee by the services thereof first due and of right accustomed upon the Conditions following That is to say That the aforesaid Dionise Mayow or his Heirs should pay or cause to paid to Petronill Martin of Mylton in the aforesaid County of Kent Widow the yeerly Rent of 10. pound for the Term of the life of her the said Petronill Which yeerly Rent of 10. pound the aforesaid Thomas Mayow to the aforesaid Petronill before had granted for and in consideration of a Mariage to be had and solemnized between the aforesaid Thomas Mayow and the aforesaid Petronill after the death of the aforesaid Thomas Mayow And upon Condition That if the aforesaid Thomas Mayow at any time during the natural life of the said Thomas should pay or cause to be paid to the aforesaid Thomas Scot and John Fremling or to either of them or to the Heirs of the longer liver of them 10. shillings of good and lawful Mony of England that then the Feoffment aforesaid should be void and of no force in Law And that then it should be lawful to the aforesaid Tho. Mayow into the aforesaid Two Manors and all the premises with the Appurtenances whereof c. to re-enter and the same to have again in his former Estate and Condition any Act Thing Cause or Matter whatsoever to the contrary thereof notwithstanding By virtue of which Feoâ—fment and by force of a certain Act in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th of transferring uses into possession The said Dionise Mayow was seized of the aforesad 8. Acres of Pasture with the Appurtenances in which in his demesn as of Fee upon the Conditions aforesaid And so thereof being seized The said Dionise before the aforesaid time of taking the Cattel aforesaid that is to say the 30th day of May in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid at Sutton Atthone aforesaid by his Writing â—ealâ—d with his Seal bearing date the same day and yeer Gave and Granted to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex the Annuity or yeerly Rent aforesaid of 20. pound to be issuing out of the aforesaid place in which c. amongst other in manner and form as the aforesaid George Mason and Francis Easterley above in their Conusance abovesaid have allâ—ged And the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the said Dionise and afterwards and before the time of the taking of the Cattel aforesaid that is to say the 30th day of January in the yeer of the Reign of the said Lady the Queen that now is the 24th The aforesaid Thomas Mayow at Sutton Atthone aforesaid payed to the aforesaid Thomas Scot and John
defendeth the force and injury when c. And doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the said place in which it is supposed the taking of the Cattel aforesaid to be done contained in it self One Acre and half of Land with the Appurtenances in Ipping aforesaid And that long before the aforesaid time in which c. One John Bettisworth was seized of and in One Messuage and a Garden 12. Acres of Land and one Acre of Wood with the Appurtenances in Ipping aforesaid whereoâ— the aforesaid place in which c. is and the aforesaid time in which c. from the time whereof the Memory of Men is not to the contrary was parcel in his demesn as of Fee And so thereof being seized the said John long before the aforesaid time in which c. that is to say the 20th day of March in the yeer of the Reign of the Lady the Queen that now is the 11th at Ipping aforesaid by his Indenture made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward by the name of John Hayward of the same Parish and County Husbandman of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the sâ—id Tenements with the Appurtenances to the said John Hayward and his Assignes from the Feast of the Annuntiation of the blessed Mary the Virgin then next following until the end and Term of 21. years from thence next following and fully to be compleat and ended Yielding and paying therefore yeerly during the sayd Term to the aforesaid Iohn Bettisworth and his Assignes 12. pence at the Feast of Saint Michael the Archangel or within 10. dayes next after the said Feast By virtue of which Demise the said John Hayward in the Tenements aforesaid with the Appurtenances entred and was thereof possessed the Reversion thereof to the said John Bettisworth and his Heirs expectant And the said John Hayward so of the Tenements aforesaid with the Apputtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seized in his demesn as of Fee The said Iohn Bettisworth before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th At Ipping aforesaid dyed of such his Estate of the Reversion and Rent aforesaid with the Appurtenances whereof c. seized without issue of his Body begotten After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. descended to the said Thomas Bettisworth as Brother and Heir of the said John Bettisworth By which the said Thmas was seized of the aforesaid Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid in his Demesn as of Fee And because 12. pence of the Rent aforesaid for one whole yeer after the death of the aforesaid John Bettisworth ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 19th to the said Thomas the aforesaid time in which c. was behind and not paid the said Thomas doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with their Appurtenances to the aforesaid John Hayward in form aforesaid demised and justly c. for the said 12. pence of the Rent aforesaid to him the said Thomas so being behinde c. And the aforesaid John Hayward saith That the aforesaid Thomas for the reason before alleged ought not avow the taking of the cattel aforesaid in the place aforesaid in which c. to be just because he saith That well and true it is That the aforesaid John Bettisworth was seized of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee And so thereof being seized demised to the said John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold to the said John Hayward for the aforesaid Term of the aforesaid 21. yeers as the aforesaid Thomas above alleged But the said John Hayward saith That the aforesaid John Bettisworth of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee in form aforesaid being seized before the aforâ—said time in which c. into the Tenements aforesaid with the Appurtenances whereof c. upon the possession of him the said John Hayward thereof entred and him the said John from his possession did expel and amove And immediatly after of the said Tenements with the Appurtenances whereof c. enfeoffed one William Bettisworth To have and to hold the said Tenements with the Appurtenances whereof c. to the said William and his Hers and Assignes for ever By virtue of which Peoffment the aforesaid William was seized of the same Tenements with the Appurtenances whereof c. in his demesn as of Fee upon the which possession of the said William Bettisworth thereof the said John Hayward afterwards and before the aforesaid time in which c. claiming his Term aforesaid of and in the Tenements aforesaid with the Appurtenances whereof c. into the said Tenements with the Appurtenances whereof c re-entred and was thereof possessed and so thereof being possessed The said John Hayward before the aforesaid time in which c. put the Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same then growing Which Cattel were in the said place in which c. eating the grasse in the same then growing until the aforesaid Thomas the Day and Yeer in the Declaration aforesaid above specified At Ipping aforesaid in the aforesaid place called Raynolds took the Cattel of him the said John Hayward and them unjustly deteined against Gages and Pledges until c. as he above against him complaineth Without that that the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as the aforesaid Thomas above hath alleged And this he is ready to aver wherefore in as much as the aforesaid Thomas the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John Hayward demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the said Cattel to be adjudged unto him c. And the aforesaid Thomas as at first saith That the aforesaid J. Bettisworth dyed of the Reversion of the TenemeÌ„ts aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as he above alleged and of this puts himself upon
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
said Honour of Wallingford And that the like process sutes and pleas should be for ever holden received and should be used in the said Honour of Newline otherwise Eweline as at the first day of the same Parliament were used or exercised in the said Honour of Wallingford And that the said late King Henry the 8th should have to him his Heirs and Successors for ever the said Honour and Castle of Wallingford and all Lordships Mannors Lands Tenements and other Hereditaments whatsoever appertaining to the said Honour or Castle or reputed or taken to be any part of the possessions or parcel or member of the said Honour and Castle from thence for ever to be severed and divided from the aforesaid Dutchy And that the said Honour and Castle of Wallingford from thence for ever should be named and called the Castle and Mannor of Wallingford And also that the said Castle and Mannor of Wallingford and all Lordships Mannors Lands Tenements and other Hereditaments whatsoever which then should be belonging or appertaining to the said Mannor or reputed or taken to be any part parcel or member thereof and all manner of Liberties Franchises Privileges Royalties and Jurisdictions before that used within the said Honour of Wallingford from thence for ever should be united annexed knit adjudged deemed accepted reputed and called part parcel and member of the said Honour of Newelm otherwise Ewelm in the aforesaid County of Oxford And further it was enacted by Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th That all and singular person and persons who then held any Mannors Lands Tenements or Hereditaments of the aforesaid late King Henry the 8th and of the most excellent and undoubted Prince Edward the Son and Heir apparent of the said late King Henry the 8th as of the said Honour of Wallingford or of any other Lordships or Mannors being parcel or member of the said Honour of Wallingford from thence for ever after should hold their said Mannors Lands Tenements and Hereditaments of the said late King Henry the 8th his Heirs and Successors as of the aforesaid Mannor and Castle of Wallingford or of the said Lordships or Mannors being parcel and members of the said Honour of Wallingford parcel of the said Honour of Newelm otherwise Ewelm by the said Rents Sutes Customs and Services as they and every of them held payed or did before the making of the said Act of Parliament and not by more or other Rents Sutes Customs or Services Saving to every person and persons Bodies Corporate Politick their Heirs and Successors and to every of them other than the most excellent and undoubted Lord Prince Edward which then was and his Heirs and to any other who from thence for ever should happen to be the Kings Eldest Son and new Heir of the Crown of this Kingdom of England All such Right Title Interest Possession Fees Offices Annuities Rents Commons and all other Commodities and Hereditaments whatsoever which they or any other of them lawfully held had could or ought to have had if the said Act of Parliament had never been made And further It was Enacted by the Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th That the aforesaid Excellent and undoubted Prince Edward which then was and every other who from henceforth for ever should happen to be Eldest Son of the King and next Heir of the Crown of this Kingdom should have hold and enjoy for ever annexed united and knit to the aforesaid Dutchy of Cornwall for and in full Recompence of the aforesaid Honor Castle of Wallingford and other the premises in the said Act before mentioned to the said Honor of Wallingford then before belonging as part and parcel of the said Dutchy of Cornwall The Manor of VVest Taunton Trelowia and Landalph with the Appurtenances in the County of Cornwall amongst other things in such manner and form and of such like Estate as the sayd Excellent and undoubted Prince before the making of the same Act of Parliament had held or enjoyed the aforesaid Honour and Castle of Wallingford and all the premises parcel of the said Honour And that all and singular the aforesaid Manors with all and singular their Appurtenances then amongst other limitted and assigned by the said Act in the aforesaid Parliament of the aforesaid late King Henry the 8th to the aforesaid Dutchy of Cornwall and every of them from thence for ever should be reputed deemed adjudged accepted and taken by authory of the same Parliament as part parcel and member of the said Dutchy of Cornwall in such and the like manner and form to all purposes and intents as the said Honour and Castle of Wallingford and the members and parcels of the same were before the making of the same Act any Act Law Custom or use to the contrary notwithstanding As by the said Act in the aforesaid Parliament of the aforesaid late K. Hen. the 8th made amongst other things it more fully appeareth And whereas before until the time of the making of the aforesaid Act of Parliament made in the afores Parliament of the afores late K. H. the 8th The aforesaid Honour Castle of Wallingford members parcel thereof were part parcel and members of the aforesaid Dutchy of Cornwall according to the form and effect of the aforesaid Charter and Grant by the aforesaid late King Edward the third with the common assent aforesaid and Authority of his Parliament aforesaid as before is said made and as in the aforesaid Charter are mentioned and above recited and the aforesaid excellent and undoubted Prince Edward in the aforesaid Act made in the aforesaid Parliament of the aforesaid late King Henry the 8th before the time of making of the aforesaid Act made in the Parliament aforesaid of the aforesaid late King Henry the 8th had and enjoyed in the aforesaid Honour and Castle of Wallingford and other the premises parcel of the same Honour in such manner and form and of such estate as is enacted and limited in the aforesaid Charter and Grant aforesaid of the aforesaid late King Edward the third in the year of his Reign the 11th aforesaid by the Authority of Parliament made as before is said And the aforesaid Castle of Wallingford with the Hamlets and Members thereof And the aforesaid Honour of Wallingford with the Appurtenances in the aforesaid Charter and Grant by the aforesaid late King Edward the third as before is said made specified are one and the same and not others or divers By vertue of which the said late Prince Edward eldest Son of the aforesaid late King Henry the 8th and Duke of Cornwal was seised of the aforesaid Manors of West Tannton Trelowia Landalph with the Appurtenances in his Demesn as of Fee as parcel of his Dutchy of Cornwal aforesaid according to the form and effect of the aforesaid Act of Parliament and he thereof so being seized the aforesaid late
said late Queen after the beginning of her Reign was or then after should be intituled by any Attainder Escheat Conveiance or Assurance whatsoever and in which Letters Patents Grants or Writings no Estate Tail then before made or supposed to be made was recited or from henceforth should be and the Reversion or Remainder thereof expectant in the said Letters Patents Grants or Writings granted or mentioned to be granted or any defect of certainty or ill computing mistaking rating or setting forth of the yeerly value or rate of the premises or yeerly Rents reserved of and for the premises or any parcel thereof mentioned or conteined in the same Letters Patents aforesaid or other Writings or for that that the premises then were or any part thereof valued at a greater or lesser value in the said Letters Patents or Writings than the said Manors Lands Tenements and other premises then were or were in yeerly value or any misnaming or not true naming of Town Hamblet Parish or County where the said Honors Manors Lands Tenements Rents Hereditaments and other the premises and every part thereof or any parcel thereof lay or were or any defect of true naming of the Lands Tenements or Hereditaments or any parcel thereof or of the Nature Kind Quality or Quantity of the aforesaid Possessions or Hereditaments or of any parcel thereof or any default of true naming of any Corporation or any default of Attornment Livery or Seisin or any ill naming of any the late Tenants of the aforesaid Honors Manors lands Tenements and Hereditaments or of any part thereof so sold granted or given or any ill naming of any person or persons Bodies Politick or Corporate who any time before the making of such Letters Patents were or then after should be proprietors of the premises or any any part thereof to the contrary notwithstanding as by the said Act amongst other things it more fully appearh And the said John Hele and Warwick further say That the said late Queen Elizabeth never had any Son And that the aforesaid Gellio Merick and Henry Liâ—dley were at and before the time of the making of the said Leters Patents so as before is said made Subjects of the said late Queen Elizabeth and born at Westminster aforesaid All and singular which The said John Hele and Warwick are ready to aver Whereupon they demand Judgement if the said Letters Patens of the aforesaid late Queen Elizabeth of the Manors aforesaid with the Appurtenances so as before is said made ought to be revoked and annulled or the Manors aforesaid with the Appurtenances or any of them ought to be seized into the Hands of the Lord the King that now is c. And the aforesaid Henry Hobert Knight Attorny General of the Lord the King that now is who c. present in Court in his proper person As to the aforesaid Plea of the said Henry Lindley above in form aforesaid pleaded for the said Lord the King saith That the said Henry Lindley ought not be admitted to plead That there is not any such Record of any such Act of Parliament of the aforesaid Lord King Edward the 3d. made Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made as in the aforesaid Writ of Scire Facias thereof is recited and specified Because he saith That the said Lord King JAMES now King of England saw the Inrollment of the aforesaid Act of Parliament of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is within his Tower of London in the yeer of the Reign of the aforesaid late King Edward the 3d. the 11th inrolled upon Record there remaining The Tenor of Inrollment of which Act of Parliament and Charter aforesaid the said JAMES now King of England by his Letters Patents under the Great Seal of England sealed here in Court by the aforesaid Attorny General of the Lord the King that now is for the said Lord the King that now is now brings in Court bearing date at Westminster aforesaid the 5th day of March in the yeer of the Reign of the said Lord the King that now is of England France and Ireland the 3d. and of Scotland the 39th Exemplified amongst other things Which Exemplification as to the Inrollment of the aforesaid Act of Parliament and Charter aforesaid followeth in these words JAMES by the Grace of God of England Scotland France and Ireland defender of the Faith c. To All to whom these present Letters shall come greeting We have seen the Inrollment of a certain Charter bearing date the 17th day of March in the yeer of the Reign of the Lord Edward late King of England the 11th To his well-Beloved and Faithful Edward Earl of Chester his Eldest Son granted in the Rolls of our Chancery within the Tower of London remaining of Record in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Provosts Ministers and all Bayliffs and his faithful People Greeting Amongst other the tokens of Honour of our Kingdom we esteemed it the chiefest that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels Therefore there being many degrees of Inheritance in our Kingdom where by descent the Inheritance according to the Law of this Kingdom to Co-heirs and Parciners and for want of such issue and such like events the same came to our Hands We therefore desiring to beautifie our Kingdom and in best manner to defend our Kingdom and the holy Church thereof and our Subjects and Kingdoms against the endeavors and Adversaries thereof and considering and looking that Peace between us and Subjects be maintained and to dignifie the Places of honour of our Kingdom And taking into our consideration the person of our well-Beloved and Faithful Edward Earl of Chester our Eldest Son and taken to Honour the same our Son the name and Honour of Duke of Cornwall with the common consent and counsel of the Prelates Earls Barons and others of our Counsel in this present Parliament at Westminster upon Monday next after the Feast of Saint Mathew the Apostle last past being assembled we have given and made him Duke of Cornwall and girt him with a Sword as behoveth And that there may be no doubt hereafter what or how much the same Duke or other Dukes of the same place who for the time shall be in the name of the said Dutchy ought to have Our Will is that all in specialty which to the said Dutchy doth beloug be inserted in this our Charter Therefore for us and our Heirs we have given and granted and by this our Charter confirmed to the same our Son under the name and Honour of Duke of the said Place The
Castles Manors Lands and Tenements and other things under written That he the State and Honour of the said Duke might uphold and the charges and burthens thereof the better uphold that is to say The Sheriffwick of the County of Cornwall with the Appurtenances so as the said Duke and other Dukes of the same place for the time being make and appoint Sheriffs of the said County of Cornwall at their will and pleasures and to do and execute the Office of Sheriffs there as heretofore it used to be done without any hindrance of us or our Heirs forever As also the Castle Burrough Manor and Honour of Launceston with the Park there and other as Appurtenances in the County of Cornwall and Devonshire The Castle and Manor of Tremeton with the Town of Saltesh and the Park there and other the Appurtenances in the said County The Castle Burrough and Manor of Tintagel with the Appurtenances in the said County of Cornwall The Castle and Manor of Restormel with the Park there and other the Appurtenances in the said County And the Manor of Clymestond with the Park of Keriballock and other their Appurtenances Tibeste with the Balywick of Powderhine and other their Appurtenances Twynton with the Appurtenances Helleston in Kerior with the Appurtenances Morsk with the Appurtenances Tevernaile with the Appurtenances Pengkeseth with the Appurtenances Peâ—lyn with the Park there and other the Appurtenances Kellaton with the Bedelry of Estwyueleshire and other the Appurtenances Helleston in Fryshire with the Park of Hellesbury and other its Appurtenances Lyskireâ—â— with the Park there and other the Appurtenances Calistock with the Fishing there and other the Appurtenances and Tatskid with the Appurtenances in the said County of Cornwall And the Town of Lostwickiell in the said County with the Mill there and other the Appurtenances And the Prizage and Customs of our Wines in the said County of Cornwall and also the Profits of all the Ports within the same our County of Cornwall to us belonging together with Wreck of the Sea as well of Whales and Sturgeon and other Fishes which do belong to us by reason of our Prerogative and whatsoever belongs to Wreck of Sea with the Appurtenances in our said County of Cornwall And the Profits and emoluments of our County holden in our County of Cornwall And Hundreds and Courts in the said County to us belonging As also our Stannary in the said County of Cornwall together with the Coinage of the said Stannary and all issues and Profits thereof arising And also all the Issues Profits and Perquisites to the Court of Stannary and the Mines of the said County except only 1000. Marks which to our well-Beloved and Faithful William de Monte acuto Earl of Salisbury we have granted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the Issues and Profits of the aforesaid Coinage until the Castle and Manor of Tonbridge with the Appurtenances in the County of Wilts To the Manor of Aldebourn Ambresbury and VVinterbourn with the Appurtenances in the said County and the Manor of Caâ—eford with the Appurtenances in the County of Dorset and the Manor of Hâ—ngstrig and Charleton with the Appurtenances in the County of Somerset which our Beloved and Faithful John de VVarren Earl of Surrey and Johan his Wife hold for the term of their life and which after their deaths to us and our Heirs ought to return after the decease of the said Earl and Johan to the aforesaid Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we granted to remain and 200. Marks of Land and Rent which to the said Earl of Salisbury to have in form aforesaid we granted to be provided came to our Hands And also our Stannary in the aforesaid County of Devon with the Coinage and all Issues and Profits of the same And also the Exites Profits and Perquisites of the said Court of Stannary And the Water of Dertmouth in the said County And the yeerly farm of 20. pound of our City of Exeter and the Prizage and Customs of our Wines in the Water of Sutton in the said County of Devon As also the Castle of Wallingford with its Hamblets and Members and the yeerly Farm of the Town of VVallingford with the Honors of Wallingford and De Sancto Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever those Honours were And the Castle Manor and Town of Berkhamstead with the Port there together with the Honour of Berkhamstead in the Counties of Hertford Buck. and Northampton and other their Appurtenances And the Manor of Biflet with the Park there and other the Appurtenances in the County of Surrey To have and to hold to the said Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England by Inheritance to succeed together with Kingly Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as weâ— Free as Vâ—lleins and all other things to the aforesaid Castles Burroughs Towns Manors Honours Stannaries and Coinage Lands and Tenements howsoever and wheresoever belonging or appertaining of us and our Heirs for ever together with 24. pound of yeerly Farm which our well-Beloved and Faithful John de Merz to us by the yeer for all his life is bound to pay for the Castle and Manor of Mere with the Appurtenances in the County of Wilts granted to him by us for the Term of his life to be taken every yeer by the Hands of the said John for the Term of his Life and with the aforesaid 1000. Marks yeerly to the aforesaid Earl of Surrey of the issues of the Coinage aforesaid by us so granted after obteined by him or his Heirs Males of his Body to be begotten seisin of the said Castle and Manor of Tunbridge and the Manors of Aldebourn Ambresbury Winterborn Caneford Hengstrigg Charleton after the deaths of the same Earl of Surrey and Johan And the said 200. Marks Land and Rent to the said Earl of Salisbury and the Heirs Males of his Body begotten so provided for the proportion of the said Castles Manors Lands and Tenements with the whole and particularities to the Hands of the said Earl of Salisbury and the Heirs Males of his Body should come We have moreover granted for us and our Heirs and by this our Charter we have confirmed That the Castle and Manor of Knaresburgh with the Hamblets and Members thereof and the Honour of Kneasbough in the County of York and other Counties wheresoever the same Honour should be The Mannor of Istleworth with the Appurtenances in the County of Middlesex which Philippa Queen of England our most dear Coâ—â—ort holdeth for Term of Life And the Castle and Manor of Lydeford with
the Appurtenances and with the Chase of Dertmore with the Appurtenances in the said County of Devon And the Manor of Bradnests with the Appurtenances in the said County which our Beloved and Faithful Hugh de Andley Earl of Gloucester and Margaret his Wife have for the Life of the said Margaret And the said Castle and Manor of Mere with the Appurtenances which the aforesaid Johan so for Life holdeth by our Grant and which after the death of the said Queen Margaret and Johan to us and our Heirs ought to revert after the decease of the aforesaid Queen aforesaid that is to say the Castle and Manor of Knaresburgh with the Honours Hamblets and Members thereof aforesaid and other their Appurtenances and the Manor of Istleworth with the Appurtenances And after the death of the said Margaret the said Castle and Manor of Lydeford with the said Chase of Dertmore and other the Appurtenances and the Manor of Bradnests with the Appurtenances and after the death of the said Johan the said Castle and Manor of Mere with the Appurtenances shall remain to the aforesaid Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England â—ereditarily to succed as before is said To have and to hold together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats Services of Tenants as well Free as Villeins and all others to the same Castles Manors and Honoars howsoever and wheresoever belonging or appertaining of his likewise and our Heirs forever All which Castles Burroughs Towns Manors Honours Stannaries Coinage Fine of Exeter and Wallingford Lands and Tenements as above are specified together with the Fees Advowsons and all other things aforesaid to the aforesaid Dutchy by our present Charter for us and our Heirs we do annex and unite to the same for ever to remain So that from the said Dutchy at no time they be any waies severed nor to any one or other than Dukes of the same place by us or our Heirs they be given or any manner of way granted So also as that to the aforesaid Duke and other Dukes of the same place they do descend and to the Son or Sons to whom the said Dutchy by colour of our Grant aforesaid it shall belong then not appearing the said Dutchy with the Castles Burroughs Towns and all other the abovesaid to us or our Heirs Kings of England shall retorn in our Hands and in the Hands of our Heirs Kings of England to be kept until such Son or Sons of the said Kingdom of England Heirs to succeed appear as it is said to whom then successively the said Dutchy with the Appurtenances for us and our Heirs we Grant and will that they be delivered to hold as above is expressed We have moreover for us and our Heirs and by this our Charter we have confirmed to the aforesaid Duke that the said Duke and the Heirs of him Eldest Sons Dukes of the same forever have free Warren in all the Lordships Manors Castles Lands and other places aforesaid so as the said Lands be not within the Pounds of our Forrests And that none enter into them to hunt in them or to take any thing which to Warren appertaineth without the License Will of the said Duke or other Dukes of the same place upon pain of Forfeiture of 10. pound Wherefore we Will and firmly Command for us and our Heirs That the said Duke have and hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the said place in the sayd Kingdom of Engla in heritable to succeed The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances So that they and others Dukes aforesaid at their Wills make and constitute the Sheriff aforesaid of the said County of Cornwall to do and execute the Office of Sheriff there as hitherto it used to be done without the hindrance of us or our Heirs forever As also the aforesaid Castles Burroughs Manors and Honours of Launfeton The Castle and Manor of Tremeton with the Town of Saltesh the Castle Burrough and Manor of Tintagel the Castle and Manor of Restornel and the Manors of Clymeslond Tebeste Tewynton Helleston in Kerier Moresk Tewarnayl Pengkneth Pentyn Rellaton Helleston in Trigstone Vyskiret Calistock Talskid and Town of Lofiwithel with the appurtenances together with the Parks Bayliwicks Bedelrie Fishings and others aforesaid in the aforesaid County of Cornwall and the aforesaid Prisages Customs and profits of Ports aforesaid together with the said Wreck of Sea and the said profits and emoluments with the Hundreds and Courts aforesaid to us belonging and the said Stannary in the said County of Cornwall together with the Coinage of the said Stannary and with all issues and profits thereof arising And also the explees profits and perquisites of the Courts aforesaid except only the said 1000. Marks which to our well-Beloved William de Monte acuto Earl of Salisbury wegranted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the issues and profits of the Coinage aforesaid until the said Castle and Manor of Tunbridge with the Appurtenances and the said Mannors of Aldebourn Ambresbury and Winterbourn with the Appurtenances and the said Manor of Hengstrig and Charleton with the Appurtenances which the aforesaid Earl of Surrey and Johan his Wife hold for the term of their Lives and which after their deaths to us and our Heirs ought to revert after the deceases of the said Earl and Johan to the said Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we have granted to remain And the said 200. Marks Land and Rent which to the said Earl of Salisbury To have in form aforesaid we granted come unto our Hand as before is said And the said Stannary in the County of Devon with the Coinage and all issues and profits thereof And also the explees profits and perquisites of the Court of the same Stannary Water of Dertmouth and the said yeerly Farm of 20. pound of the said City of Exeter and the said Prizage and Custom of Wines in the Water of Sutton in the said County of Devon As also the aforesaid Castle of Wallingford with Hamblets and Members thereof the yeerly Farm of the Town of Wallingford with the said Honour of Wallingford and De Sancto Valerico The Castle Manor and Town of Berkhamstead with the said Honour of Berkhamstead and the Manor of Biflet with the Parks and other their Appurtenances aforesaid together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with the Hundreds Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other
things to the said Castles Burroughs Towns Manors Stannaries and Coinage Lands and Tenements whatsoever and wheresoever belonging or appertaining of us our Heirs forever together with said 24. pound Farm which the aforesaid John de Mere to us yeerly for his whole Life is bound to pay for the said Castle and Manor of Mere granted to him by us to hold for the term of his Life to be taken yeerly by the Hands of the said John de Mere all his Life And also with the aforesaid 1000. Annual Marks to the aforesaid Earl of Salisbury of the profits of the Coinage aforesaid by us so granted after obteined by him or the Heirs Males of his Body begotten seisin of the aforesaid Manor of Tonbridge and Manor of Aldebourn Ambresbury Winterbourn Caneford Hengstreg and Charlton after the decease of the said Earl of Surrey and Johan And the said 200. Marks of Land and Rent of the said Earl of Salisbury and the said Heirs Males of his Body so provided for the like proportion of the said Castles Manors Lands and Tenements with the whole and particulars to the Hands of the said Earl of Salibury or the Heirs Males of his Body lawfully begotten should come as aforesaid And that the aforesaid Castle and Manor of Knaresburgh with its Hamblets and Members and the Honour of Knaresburgh And the Manor of Istelworth with the Appurtenances after the death of our aforesaid Consort The Castle and Manor of Lydeford with the Appurtenances and with the said Chase of Dertmore with the Appurtenances and the Manor of Bradnests with the Appurtenances after the decease of the aforesaid Margaret And the Castle and Manor of Mere with their Appurtenances after the death of the aforesaid John de Mere remain to the said Duke To have and to hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the same place in the Kingdom by Inheritance to succeeed together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other things to the said Castles Manors Honours howsoever and wheresoever belonging or appertaining of us likewise and our Heirs for ever aâ— before is said All which Castles Burroughs Towns Manors Honours Stannaries Coinage Farms of Exeter and Wallingford Lands Tenements as above are specified together with Knights Fees Advowsons and all other things abovesaid to the said Dutchy by this our present Charter for us and our Heirs we do annex and unite to the same to remain forever So as from the said Dutchy at no time hereafter they be severed nor to any person or persons then the Dukes of the same place by us or our Heirs they be given or in any wayes granted So that to the aforesaid Duke or other Dukes of the same place they descend And Son or Sons to whom the said Dutchy by colour of the aforesaid our Grants it behoves to belong then not appearing The same Dutchy with the Castles Burroughs Towns and all other things aforesaid to us and our Heirs Kings of England shall revert in our Hands and in the Hands of our Heirs to be kept until such Son or Sons in the said Kingdom of England hereditable successively appear as is said to whom successively the said Dutchy with the Appurtenances for us and our Heirs we grant and will to be delivered to be holden as above is expressed And that the said Duke and his Heirs Eldest Sons Dukes of the said place for ever have Free Warren in all the Demesns of the Lands aforesaid whilest yet the same Lands are not within the Bounds of our Forrests So as none enter into those Lands to hunt in them or to take any thing which to Warren belongeth without the License and Will of the said Duke and the other Dukes of the said place upon payn of forfeiture 10. pound as before is said These being Witnesses The most Reverend Fathers John Archbishop of Canterbury Primate of all England our Chancellor Henry Bishop of Lincoln Richard Bishop of Durham John de Warren Earl of Surrey John de Betto Campo Earl of Warwick Thomas Wake of Lydel John de Mowbray John Darcy of Neuen Steward of our House and others Given by our Hand at Westminster the 17th day of March in the yeer of our Reign the 11th By the King himself and the whole Council in Parliament But we The Tenor of the Charter Record and Act of Parliament aforesaid at the Request of the well-Beloved and Faithful Thomas Stephens Esquire Attorny General of our well-Beloved and most dear Son our Eldest Son Henry Prince and Duke of Cornwall caused to be Exemplified by these presents In Witnesse whereof we made these our Letters Patents Witnesse my self at Westminster the 5th day of March in the yeer of our Reign of England France and Ireland the Third and of Scotland the 39th as by the said Letters Patents of Exemplification aforesaid here in Court brought more fully appeareth And the said Henry Hobert Attorny General of the said Lord the King that now is for the said Lord the King that now is saith and will aver That the aforesaid Act of Parliament aforesaid of the aforesaid late King Edward the 3d. made and the aforesaid Charter by the aforesaid late King Edward the 3d. by authority aforesaid of the Parliament of the same late K. Ed. the 3d. made And the aforesaid Charter by the aforesaid late K. Ed. the 3d. by Authority of Parliament aforesaid made whereof is the Inrolment aforesaid in the aforesaid Exemplification of the Inrollment aforesaid as before is said is made mention are one and the same and not other nor divers Whereupon the said Attorny General of the said Lord the King if that now is for the said Lord the King here demandeth Judgement If the aforesaid Henry Lindley to say that there is not any such Record of such Act of Parliament aforesaid of the aforesaid late King Edward the 3d. Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid in the Writ aforesaid of Scire Facias specified against the said Letters Patents of Exemplification aforesaid here in Court by the said Attorny of the aforesaid Lord the King that now is for the said Lord the King now shewed forth ought to be admitted And further the said Henry Hobert the Attorny General of the said Lord the King that now is for the said Lord the King prayeth that the said Letters Patents of the aforesaid late Queen Eliz. as unto the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances be revoked and annulled and that the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances into the Hands of the said Lord the King that now is to
any Estate of the premises aforesaid recited intailed or mentioned to be intailed or any part thereof in use or possession mentioned appointed limited or declared by the same Indenture can ought or could in any manner or manners be undone discontinued barred altered oâ— determined and the said Bargain Sale Exchange Alienation Devisement Conclusion Agreement Promission Communication Concession Obligation Conveiance or Assurance or any other open and effectual matter thing or Act should attempt go about cause procure command or willingly or wittingly should assent practise or suffer to be attempted practise in any Act to put in ure or to go about or to be executed performed or to be prosecuted put in use or in ure by acknowledging of any Note or Notes of or for any Fine or Fines to be levied or acknowledged or by giving of any Warrant or Warrants of Attorny or Attornies for any Recovery or Recoveries or any Voucher or Vouchers to be had or prosecuted or by entring into any Warranty or Warranties whatsoever or by acknowledging of any Warrant for the same or by any Sute or bringing of any Writ or Writs by him them or those or by any of her or their Assent and Agreement or by Assent by appearance or otherwise to any Writ or Writs of the aforesaid recited premises or of any part or parcel thereof or to any thing in the same or any of them or by acknowledging of any Charter or Charters Writing or Writings to be inrolled or by any other Act or Acts thing or things whatsoever in deed or in Law whereupon or by which any Bargain Sale Discontinuance Allienation Exchange or Forfeiture might follow or by which the Estate Use or Possession of the aforesaid recited premises intailed or mentioned to be intailed or any parcel thereof cannot ought or could come accrue remain and descend to be in such manner and form as by the same Indenture it is limited appointed declared and mentioned and according to the true intent and meaning of the aforesaid Indenture That then and immediately from and after any such time and times of such procuring attempting commanding knowing assent practice promise or going about in manner and form as above is said and before such Bargain Sale Discontinuance Alienation Exchange or Forfeiture had made prosecuted executed Committed or done the said Use and Uses Estate and Estates limited and declared in the Indenture aforesaid to him or them who shall so attempt cause procure command or voluntarily or knowingly assent practise or go about any such Act or Acts thing or things to be prosecuted or to be executed or to be performed or done or put in ure or shall go about to be executed or performed or put in ure in form aforesaid declared Whereupon or by which any Bargain Sale Discontinuance Alienation Conveiance Assurance Exchange or Forfeiture should be had done or ensue thereupon contrary to the true intent of the Indenture aforesaid of and in such and so much of the aforesaid recited Manors Lands Tenements and Hereditaments with the Appurtenances intailed or mentioned to be intailed or intended by the same Indenture for the which any of the things or matters aforesaid at any time or times should be attempted gone about caused procured commanded assented practised or the premises to be executed performed practised or put in ure or gon about to be executed performed or put in ure contrary to the true intent of the Indenture aforesaid from time to time should cease only as in respect and having regard to such person or persons so attempting procuring causing commanding willingly and wittingly assenting practising permitting or going about any Act or Acts thing or things as above it is said contrary to the effect and true meaning of the Indenture aforesaid in such manner degree and condition as if such person or persons Heir or Heirs so attempting procuring causing commanding willingly and wittingly assenting practising permitting or going about any such Act or Acts thing or things as above is said had naturally been dead and not otherwise And then and in all such cases the immediate uses of every of such parcel of the premises should be immediatly to such person or persons by the true intent and meaning of the Indenture aforesaid If any such person or persons should so procure or procured attempt or attempted cause or caused command or commanded should practise or practised should suffer or sufferd go about or about should assent or assented to or for any such Act or Acts thing or things be or should be naturally dead of such Estate and in such like manner and form and with the Remainder in use over and with such like limitations and conditions as if the said uses had come accrued and been if the same person who so should procure attempt cause command practise suffer go about or assent to or for any such Act or Acts thing or things to be done to or immediatly before the time of such procuring attempting causing commanding practising suffering going about or assenting had been naturally dead and not otherwise as by the same Indenture amongst other things more fully appeareth And the said Arthur further saith That the aforesaid Rowland of the Manor aforesaid with the Appurtenances whereof c. amongst other things in form aforesaid being seized One Robert Greenhurst the 23th day of January in the yeer of the Reign of the said Lady the Queen that now is the 36th by the command procurement consent of the aforesaid Rowl sued forth out of the Court of Chanc. of the same Lady the Queen the said Court of Chancery then being at VVestminster in the County of Middlesex a certain Writ of the said Lady the Queen of Entry Sur Disseisin in the Post against the aforesaid Rowland Corbet â—he Manor of Stokefaston with the Appurtenances whereof c. amongâ—â—â—ther things by the Name of the Manor of Stokefaston with the Appurtenances and 5. Messuages 500. Acres of Land 100. Acres of Meadow 200. Acres of Pasture with the Appurtenances in Stokefaston to the Sheriff of the aforesaid County of Leicester directed By which Writ the said Lady the Queen that now is coÌ„manded the said then Sheriff of Leicester That he the said Sheriff the aforesaid Rowland that justly and without delay herender the said Robert Greenhurst the aforesaid Manor of Stokefaston with the Appurtenances and the aforesaid 5. Messuages 500. Acres of Land 100. Ares of Meadow 200. Acres of Pasture with the Appurtenances in Stokefaston which then he claimed to be his Right and Inheritance and in which the said Rowland had not entry But after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers then last past as the said Robert then said And wherupon he then complained that the aforesaid Rowland did him deforce And if he should not do c. and the aforesaid Robert Greenhurst should secure him the said Sheriff for the prosecuting of his claim
Then he summon by good Summoners the aforesaid Rowland Corbet that he be before the Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of the Purification of the Blessed Mary then next following to shew why he had not done it and that the then Sheriff should have then there the summons and that Writ c. At which 8. dayes from the Purification of the Blessed Mary before Edmond Anderson Knight and his Companions then Justices of the said Lady the Queen of the Bench here that is to say at Westminster aforesaid cometh as well the aforesaid Robert Greenhurst by Thomas Lane his then Attorny as the aforesaid Rowland in his proper person And Willam Turpin Esquire then Sheriff of the County aforesaid retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say that the aforesaid Robert Greenhurst found Sureties to him the said Sheriff to prosecute his Writ aforesaid that is to say John Doo and Richard Roo and that the aforesaid Rowland Corbet was summoned by John Den and Richard Fen upon which the aforesaid Robert Greenhurst by his Attorny aforesaid in the same Court here declaring against the aforesaid Rowland upon his Writ aforesaid demanded against the said Rowland Corbet the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified as his Right and inheritance and in which the said Rowland Corbet had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers last past c. And whereupon he said That he himself was seized of the Manor and Tenements aforesaid in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking thereof the profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Rowland Corbet then defended his Right when c. And then vouched to warranty John Howell who likewise was then present here in Court in his proper person and freely the said Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified to him did warrant And upon this the said Robert Greenhurst then demanded against the said John Howell then Tenant by his warranty the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified in form aforesaid c. And whereupon he then said That he himself was seized of the Manor aforesaid with the Appurtenances in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And in which c. And thereof then brought his Sute c. And the aforesaid John Tenant by his Warranty then defended his Right when c. And then said That the said Hugh Hunt did not disseise the aforesaid Robert Greenhurst of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as the said Robert by his said Writ and Declaration aforesaid above supposeth And of this puts himself upon the Country c. And the aforesaid Robert then prayed leave to imparl c. And had it c. And afterwards the said Robert retorned back hete in the Court of the Bench aforesaid the self same Term by his Attorny aforesaid And the aforesaid John although he was solemnly called did not come back but in contempt of the Court departed and made default By which then it was granted that the aforesaid Robert Greenhurst should recover his Seisin against the aforesaid Rowland of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified And that the said Rowland Corbet should have of the Lands of the aforesaid John to the value c. And that the said John should be in Mercy c. And upon this The aforesaid Robert demandeth a Writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him full Seisin of the Manor Tenements aforesaid with the Appurtenances in the said Writ of Entry mentioned and it is granted to him retornable here that is to say at Westminster aforesaid from the day of Easter 15. dayes then next following c. At which day here that is to say at Westminster aforesaid cometh the aforesaid Robert by his Attorny aforesaid and then the Sheriff of the aforesaid County of Leicester That is to say the aforesaid William Turpin then here sent that he by virtue of the Writ to him directed the 25th day of March then last past gave to the said Robert full seisin of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as by the Writ he was commanded as by the Record and Processe thereof in the Court of the said Lady the Queen of the Bench here remaining manifestly appeareth By virtue of which Recovery the aforesaid Robert into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee And further the said Arthur saith That the Recovery aforesaid in form aforesaid had was to the use and behoof of the said Rowland Corbet and his Heirs for ever And that the said Rowland the aforesaid time of the Recovery aforesaid had or ever after had no issue of his Body lawfully begotten After which Recovery so as before is said had in and to the Disinheriting of the said Arthur of the Manor aforesaid with the Appurtenances whereof c. And before the aforesaid time in which that is to say the 30th day of June in the yeer of the Reign of the said Lady the Queen that now is the 36th abovesaid The said Arthur into the aforesaid Manor of Stokefaston with the Appurtenancs whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten By virtue of the Proviso aforesaid and by force of the aforesaid Act of transferring uses into possession the remainder thereof in form aforesaid expectant until the aforesaid Rowland the aforesaid time in which c. The Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances in which c. brake and the grass aforesaid then and there growing with the Cattel aforesaid eat trod and consumed against the Peace of the said Lady the Queen that now is as he above against him complaineth And this he is ready to aver Wherefore in as much as the aforesaid Rowland the Trespass aforesaid above acknowledgeth the said Arthur demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged c. And the aforesaid Rowland saith That the aforesaid Plea
the said Sheriff Pledges for prosecuting that is to say John Doo Richard Roo and that the aforesaid Edward was summoned by John Den and Richard Fen. And the said Edward Shelley according to his summons aforesaid to him in form aforesaid made by Thomas Ingler his Attorny came And upon this the aforesaid Richard Cooper and William Martin by their Attorny aforesaid demanded against the aforesaid Edward Shelley the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill 2. Dove-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Furz and Heath and 8. pound 10. shillings Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wighenholt Sterrington VVashington Ashington Grenested Asherest Stening Wiston Thackham and Shipley As also the Advowson of the Chutch of VVorminghurst as his Right and Inheritance and which the said Edward had not Entry but after Disseisin with Hugh Hunt unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past c. And whereupon they said that they themselves were seized of the Manors Tenements and Rents aforesaid with the Appurtenances in their Demesn as of Fee and Right and also of the Advowson of the Church aforesaid as of Fee and Right in time of Peace in the time of the said late King and Queen taking the Profits thereof to the value c. And in which c. And thereupon brought Sute c. And the said Edward by the aforesaid Thomas Ingler his Attorny cometh and defendeth his Right when c. And voucheth thereof to warranty Henry Siliborn who present here in his proper person in Court freely the Manors and Tenements and Rents aforesaid to him doth warrant c. And upon that The aforesaid Richard and William demanded against him the said Henry Tenant by his warranty the Manors Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid And whereupon they said That they themselves were seized of the Manors Tenements and Rents aforesaid with their Appurtenances in their Demesn as of Fee and Right and also of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the said late King and Queen taking thereof the Profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Henry Tenant by his warranty defended his Right when c. And said That the aforesaid Hugh did not disseise the aforesaid Richard and William of the Manors Tenements and Rents aforesaid with the Appurtenances And also of the Advowson aforesaid as the said Richard and William by their Writ and Declaration above supposed And of this put himself upon the Country c. And the aforesaid Richard and William prayed leave to imparl and had it c. And afterwards the said Richard and William Retorned back hither into Court the same Term by their Attorny aforesaid And the aforesaid Henry although solemnly called did not retorn but in Contempt of the Court departed and made default Therefore it was granted by the Court in the aforesaid 8. dayes of Saint Michael That the said Richard and William should recover their seisin against the aforesaid Edward of the Manors Tenements and Rents aforesaid with the Appurtenances And also of the Advowson aforesaid And that the said Edward should have of the Lands of the said Henry to the value c. And the said Henry should be in Mercy c. And upon this immediatly the aforesaid Richard Cooper and William Martin in the aforesaid Court prayed the Writ of the Lord and Lady the Queen to the then Sheriff of Sussex to be directed to give them full seisin of the Manors Tenements and Rents aforesaid with the Appurtenances and also of the Advowson aforesaid and the Writ was granted unto them bearing date the 9th day of October in the yeers of the Reigns of the aforesaid late King and Queen Philip and Mary the first and second abovesaid Retornable here from the day of Saint Michael in one Moneth then next following And further the said Jurors say upon their Oath aforesaid That the Tenements aforesaid called Rarhamwick in the Declaration aforesaid specified and the Tenement aforesaid called Barhamwick in the Record of the Recovery aforesaid above mentioned are one and the same Tenements and not others nor divers And that the Recovery aforesaid was for the intentions in the aforesaid Indenture specified And that the said Edward Shelley dyed the 9th day of October in the yeers of the Reigns of the said late King and Queen the first and second between the hours 5. and 6. in the Afternoon of the same day And that afterwards that is to say the 19th day of October then next following the then Sheriff of the said County of Sussex That is to say Thomas Saunder Knight by virtue of the VVrit aforesaid gave full seisin to the aforesaid Richard Cooper and William Martin of the Manors Tenements and Rents aforesaid with the Appurtenances and also of the Advowson aforesaid And further the aforesaid Jurors say upon their Oath aforesaid That one Richard Belchamber the aforesaid time of the death of the aforesaid Edward and at the time of the Recovery aforesaid and the Execution thereof and long before the bringing of the aforesaid VVrit of Entry Sur Disseisin in the Post was Tenant of the Tenements aforesaid and possessed of the Tenements aforesaid in the Declaration aforesaid specified for the Term of divers yeers then to come by reason of a Demise thereof made to the aforesaid Richard Belchamber by the aforesaid Edward Shelley long before the bringing of the aforesaid VVrit of Entry Sur Disseisin in the Post And afterwards that is to say the 4th day of December in the yeers of the Reigns of the aforesaid late King and Queen the first and second the aforesaid Henry Shelley the now Defendant was born of the said Ann his Mother late the VVife of the aforesaid Henry Shelley Father of the said Henry Defendant which said Henry the Father was the Eldest Son of the aforesaid Edward Shelley And that the aforesaid Mary Shelley was then alive and in full Life And that the aforesaid Richard Shelley afterwards after the Expiration of the said Term of yeers Demised to the aforesaid Richard Belchamber by the aforesaid Edward Shelley as before is said that is to say the 9th day of October in the yeer of the Reign of the said Lady the Queen that now is at Augmering aforesaid into the Tenements aforesaid in the Declaration aforesaid specified entred and then and there demised the Tenements aforesaid in the Declaration mentioned to the aforesaid Nicholas Wolfe To have and to hold to the said Nicholas and his Assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 21. yeers
done are and the aforesaid time in which it is supposed the Trespass aforesaid to be done were 10. Acres of Land called Bromfield with the appurtenances in Marton aforesaid which 10. acres of Land with the appurtenances are the Soil and Freehold of the said Christopher And that the said Christopher the aforesaid time in which c. the Close aforesaid as his own Close Soil and Freehold of him the said Christopher in the said 10. acres of Lands with the appurtenances brake and the Corn there as his own Corn there growing in the aforesaid 10. acres with the Appurtenances as in his own Soil and Freehold there trod and consumed as it was lawful for him to do and this he is ready to aver Whereupon he demandeth Judgement if the aforesaid Anthony his Action aforesaid against him ought to have c. And the aforesaid Anthony saith that he by any thing before alleged ought not to be barred from having his Action aforesaid Because he saith That the Close aforesaid as also the places in which the Trespass aforesaid above complaineed of was done are and the time aforesaid of the Trespass aforesaid done were 4. acres of Land with the Appurtenances called Scarhill Set and VVatersey Mire in Marton aforesaid others than the aforesaid 10. acres of Lands called Bromfield with the Appurtenances in the Bar of the said Christopher above specified And this he is ready to aver Wherefore in as much as the aforesaid Christopher to the Trespass aforesaid in the aforesaid 4. acres of Lands with the Appurtenances above new assigned done doth not answer The said Anthony demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid Christopher as to any Trespass in the aforesaid 4. acres of Land with the appurtenances new assigned above supposed to be done saith that he thereof is not guilty as the aforesaid Anthony against him complaineth And of this puts himself upon the Country And the aforesaid Anthony likewise Therefore it is commanded to the Sheriff That he cause to come here in the Morrow of the Holy Trinity 12. c. by whom c. And who neither c. To Recognize c. Because as well c. At which day here come the parties And the Sheriff sent not the Writ c. Therfore as at first it is commanded to the Sheriff That he cause to come here from the Holy Trinity in 3. Weeks 12. c. To Recognize in form aforesaid c. At which day the Jurors between the parties aforesaid of the aforesaid Plea between them were put in respite here until this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to take Assizes in the County aforesaid assigned by the form of the Statute c. Upon Monday the 14th day of July last past at the Castle of York in the said County should first come And now here at this day come as well the aforesaid Anthony as the aforesaid Christopher by their Attornies aforesaid and the aforesaid Justices to Assizes before whom c. sent here their Record in these words Afterwards the day and place within written within contained before John Clench one of the Justices of the Lady the Queen to Pleas before the Queen her self to be holden assigned And Shomas Walmesly one of the Justices of the said lady the Queen of the Bench Justices of the said Lady the Queen to Assizes in the County of York to be taken assigned by the form of the Statute c. came as well the within named Anthony Baldwin as the aforesaid within written Christopher Marton by their Attornies within mentioned And the Jurors of the Jury whereof within is made mention some of them that is to say William VVharton of Dunkeswick Gentleman Adam VVyre of Ayrton Yeoman John Brown of Pathorn Yeoman Ralph VValker of Bolton Gentleman Thomas Preston of Whengille Yeoman and Henry Laycock of Felliface Yeoman come And the Jurors aforesaid are sworn And because that the rest of the Jurors of that Jury did not appear Therefore others of the Standers by to this chosen by the Sheriff of the County aforesaid are at the request of the said Anthony and by the Commandment of the Justices new added whose names to the Pannel within written are filed according to the form of the Statute in such case made and provided And the Jurors so a new added now appearing that is to say Gabriel Green William Newby John Hawton John Brorcey John Craven and WILLIAM RICHARDSON come who to say the truth of the within contained together with theother Jurors aforesaid first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done The aforesaid 4. acres of Land with the Appurtenances in which c. were parcel of the possessions of the late Monastery or Priory of Bolton in Craven and that one Richard late Prior of the Priory or Monastery aforesaid was seized of one Tenement Messuage or Farm called Vngthorpe in the Parish of Marton in Craven whereof the aforesaid four Acres of Land with the Appurtenances within new assigned are and the within written time in which c. were parcel in his Demesn as of Fee in the Right of his Monastery aforesaid and so thereof being seized The said late Prior with the assent of the Covent of the same place the 26. day of December in the year of the Reign of the Lord Henry late King of England the 8th the 25th By an Indenture sealed with the Common Seal of the aforesaid Prior and Covent to the Jurors in evidence shewed demised the aforesaid Tenement Messuage and Farm whereof the within written 40. Acres of Land with the appurtenances then were and yet are parcel to one Hugh Baldwin and Agnes his Wife To have and to hold to the said Hugh Baldwin and his Assigns from the date of the Indenture aforesaid unto the end and term of 31. years fully to be ended By vertue of which Demise The said Hugh and Agnes in the aforesaid four Acres of Land with the appurtenances in which c. entred and were thereof possessed the Reversion thereof to the aforesaid Prior and his Successors And the aforesaid Hugh and Agnes of the aforesaid four Acres of Lands with the appurtenances in which c. for the Term aforesaid being possessed the Reversion thereof to the aforelate Prior in form aforesaid ezpectant By a certain Act in Parliament of the said late King Henry the 8th at Westminster in the County of Middlesex the 28th day of April in the 31. year of his Reign begun and continued until the 28th day of June then next following and there then holden amongst other things it is Ordained and established by the said late King and the Lords Spiritual and Temporal and the Commons in the said Parliament
said County of Wilts with all his Rights Members and Appurtenances in the said County of Wilts And also all those Manors of Wescote otherwise Wescote with the Appurtenances in the said County of Wilts And also all those his Lands and Pastures containing by estimation 100. Acres of Land and 60. Acres of Pasture with the Appurtenances in Wiglescate and Wroughton in the said County of Wilts And all that his Manor of Vsscote with the Appurtenances in the said County of Wilts And also all those his two Messuages 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or in either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge and all singular the Rights Members Appurtenances thereof whatsoever And also all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all singular the Manors Lordships Messuages Lands Tenements Reversions and Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of the said Thomas Sutton wheresoever situate lying and being within the said County of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and every their Rights Members and Appurtenances whatsoever or and such and so many and such part of the said Manors Advowsons Tenements and Hereditaments or of any part thereof as the said Thomas Sutton shall think meet And also all Letters Patents Indentures Deeds Evidences Bonds and Writings concerning the premises or any of them which shall be so given and granted by the said Thomas Sutton to the said Governours and their Successors and all such Conditions Warrants Vouchers Actions Sutes Entries Benefits and demands as shall be or may be had by any person or persons or by reason of them or any of them except all his Manor and Lordship of Littelbury and Haddestock with the Appurtenances in the said County of Essex aforesaid or in either of them though the premises or any of them be holden of us immediately in Chief or by Knights service or otherwise howsoever and without any license or pardon for Alienation of them or any of them the Statute of Mortmain or any other Act Statute Ordinance or Provision whatsoever to the contrary notwithstanding And our further Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and strictly charge and command That whatsoever and as often as any of the Churches Parsonages Viccarages Chapels or other spiritual livings the Advowsons Patronages and Donations whereof are hereby meant or mentioned to be licensed to be given by the said Thomas Sutton to the said Governours and their Successors for and towards the maintainance of the said godly and charitable use shall happen to become void or presentative or presentable or to be given or collated unto by the Death Resignation or Deprivation of any Incumbent or Incumbents of them or any of them or by any other means howsoever That then and so often the said Governours for the time being or their Successors or the greater part of them or the time being shall present prefer and collate thereunto such meet and sufficient persons as they shall think fit Nevertheless our full meaning and direction is in this and so we do by these presents for us our Heirs and successors ordayn and declare that such and so many of the Scholars which shall from time be brought up and taught in the said Hospital and every of them as shall after be fully qualified and become meet to take upon them or any them the charge of the said Churches Parsonages Viccarages Chapels or other spiritual livings aforesaid shall as near as may be from time time be by the said Governours and their Successors presented preferred and collated thereunto before any other person or persons whatsoever avoiding as much as may be the giving of more Benefices than one to any one Incumbent And to the end that all supition of indirect dealing which might hereafter be used or put in practise by the aforesaid Governours or their Successors or any of them contrary to the true intent and meaning of these presents may be prevented and taken away Our Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and streightly command and charge That the Manors Lands Tenements and Hereditaments and other the premises which at any time hereafter shall be given granted or conveied for the maintainance of the said godly and charitable uses before in these presents mentioned in or any part or parcel of them or of any of them shall at any time hereafter be leased demised granted or conveied to them the said Governours or their Successors or to any of them or to any other person or persons whatsoever for or to the use benefit and behoof of the said Governours or of their Successors or any of them although expresse mention of the clear yeerly value and certainty of the premises or of any them or of any other gifts or grants by us or any of our Progenitors or Predecessors to the said Thomas Sutton heretofore made is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary notwithstanding In Witnesse whereof we have caused these our Letters to be made Patents Witnesse our self at Westminster the 22th day of June in the 9th yeer of our Reign of England France and Ireland and of Scotland the 44th as by the said Letters Patents more fully appeareth And further the said Jurors say upon their Oath aforesaid That the said Thomas Smith of all and singular the premises aforesaid with the Appurtenances in form aforesaid being seized The said Thomas Sutton afterwards and before the aforesaid time in which c. That is to say the 30th day of October iin the yeer of the Reign of the Lord JAMES that now is of England the 9th abovesaid made a certain Writing sealed with his Seal bearing date the same day and yeer and to the Jurors aforesaid shewed in Evidence to one John Hutton Clerk The Tenor of which Writing followeth in these words To All to whom this present shall come Thomas Sutton of Balsham in the County of Cambridge Esquire sendeth Greeting Whereas it pleased the Kings most Excellent Majesty that now is by his Highnesse Letters Patents bearing date at Westminster
George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of our Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and 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 onely costs and charges of the said Thomas Sutton Esquire the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Chater-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire of the other part Witnesseth That whereas It hath pleased the Kings most Excellent Majesty that now is By his Highnesse Letters Patents bearing date at Westminster the 22th day of June in this present 9th yeer of his Highnesse over England upon the humble Sute of Thomas Sutton to give License Power and Authority to him the said Thomas Sutton to place erect found and establish at or in the said House called the late dissolved Charter-House besides Smith-field within the 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 to place found and establish at or in the said House One Free-school for the instructing maintainance and education of poor Children or Scholars And that the said Hospital should ever after be incorporated named and called The Hospital of King JAMES founded in the Chater-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire And that he the said Thomas Sutton during his life and after his death the Governours and their Successors for ever should have full Power License and Authority to ordain appoint and place therein a Master a Preacher a School-Master and Usher and such number of poor people Scholars and Officers as they should think meet And in default thereof his Majesty his Heirs and Successors And where likewise our said Sovereign Lord the King Majesty by the said Letters Patents hath incorporated the said Lord Arch Bishop Lord Chancellor Lord Treasurer Iohn Bishop of London Bishop of Elie Sir Edward Coke Knight Sir Thomas Foster Knight Sir Henry Hobert Knight and Baronet John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law Thomas Law Thomas Brown and the Master of the said Hospital for the time being by the name of Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire And moreover hath hereby granted License as well to the said Governours and their Successors to have take and purchase as also License and Authority to the said Thomas Sutton his Heirs and Assigns to give grant and assure unto the Governours and their Successors for the better continuance of the said Hospital and Free school for ever and for the better maintainance of the Master Preacher School Master Usher and such number of poor people Scholars and Officers of and in the said Office for ever as shall be therein placed as aforesaid And all and every the Manors Lands Tenements Rents Reversions Advowsons and Hereditaments hereafter herein mentioned to be granted or conveied as in the said Letters Patents amongst other things more at large may appear Since which said Letters Patents The said Thomas Sutton hath by his Deed under his Hand and Seal bearing date the 13th day of October last ordained and appointed the said John Hutton to be the first present Master of the said Hospital according to the purport Tenor and true meaning of the said Letters Patents And the said Tho. Sutton being minded in his life time to perfect the said godly charitable act himself and not to leave it to be perâ—ected after his death by others This Indenture therfore witnesseth That the said Tho. Sutton for and in consideration of the continuance of the said Hospital and Free-school for ever hereafter and for the better maintainance of the said Master Preacher School-master Usher poor people Scholars and Officers for ever hereafter with the Rents Revenews Issues Commodities and Profits of the Manors Lands Tenements Rents Reversions Advowsons and Hereditaments hereafter in these presents mentioned to be conveied and for and in consideration of the sum of 5. pound of lawful Mony of England by the said Lord Arch-Bishop and other the Governours aforesaid paid which said sum of 5. pound he the said Thomas Sutton confesseth and acknowledgeth himself to have received of the said Governours and thereof doth acquit and discharge the said Governours for ever by these presents And in consideration of the yeerly Rent of 12. d. of lawful Mony of England hereafter in and by these presents reserved to the said Thomas Sutton and his Heirs And for divers other good and reasonable considerations him especially moving according to the said License of the Kings Majesty to him the said Thomas Sutton in that behalf given Hath bargained sold granted and confirmed and conveied and by these presents doth for him and his Heirs bargain sell give grant confirm and convey unto the said Governours of the Lands Possessions Revenews and Goods of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire and to their Successors for ever All that the Mansion-house commonly called the Charter-house besides Smith-field in the said County of Middlesex And all and singular the Messuages Houses Courts Yards Gardens Orchards Closes and other Hereditaments within the County of Middlesex lately purchased by the said Thomas Sutton of the Right Honourable Thomas Earl of Suffolk And all those his Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Much Stanbridge in the County of Essex with all their and every of their Rights Members and Appurtenances whatsoever And also all those his Manors and Lordships of Bustingthorp otherwise Baslingthorp and Dunnesby in the County of Lincoln with their and every of their Rights Members Appurtenan whatsoever And all those his Manors of Salthorp otherwise Saltrop otherwise Halthorp otherwise Halstrop Chilton Black grove Vsscot Misenden otherwise Misenden Waklescot otherwise Wiglescot otherwise Wiglescet VVescote oâ—herwise Wescete and Elcomb in the County of Wilts with their and every of their Rights Members and Apurtenances And all those his Lands and Pasture Grounds called Black grove containing by estimation 200. Acres of Pasture with their Appurtenances in Black grove and Wroughton in the said County of Wilts And also all those Lands and Pastures containing by estimation 100. Acres of Land 60. Acres of Pasture with the Appurtenances in Wiglescote and Wroughton in the said County of Wilts And also all those his two Messuages
give unto the Treasury and Storehouse of my intended Hospital to begin their Stock with and to defend the Rights of the House 1000. pound of lawful English Mony And I give to every one of my Feoffees whom I have put in trust about my intended Hospital to whom I have not given any thing in this my Will the sum of 26. pound 13. shillings and 4. pence of lawfull Mony of England as by the said Testament and last Will more fully appeareth And further the Jurors say upon their Oath aforesaid That the aforesaid Thomas Sutton afterwards and before the aforesaid time in which c. that is to say the 12th day of December in the yeer of the Reign of the Reign of the said Lord the King that now is the 9th abovesaid at Hackney in the County of Middlesex dyed without issue of his Body lawfully begotten And that the aforesaid Simon Baxter now Plaintiff is and at the time of the death of the said Thomas Sutton was Cosin and next Heir of the aforesaid Thomas Sutton that is to say Son and Heir of Dorothy the onely Sister of the said Thomas Sutton And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law afterwards and before the time in which c. claiming as two Governours of the Lands Possessions Revenues and Goods of the Hospital of King JAMES founded in Chater House within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire in the names and to the use of them who are named Governours as aforesaid into all and singular the premises with the Appurtenances called the late dissolved Charter-House besides Smith-field whereof c. entred and were thereof seised as the Law requireth upon the possessions of which Richard Sutton and John Law thereof afterwards and before the time in which c. the aforesaid Simon Baxter into the said premises with the Appurtenances whereof c. entred and was thereof seised as the Law requireth Upon the possession of which Simon Baxter thereof the aforesaid Richard Sutton and John Law the aforesaid time in which into the premises aforesaid with the Appurtenances whereof c. claiming as two Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Chater-House At the humble Petition and onely costs and charges of Thomas Sutton Esq in the names and to the use of those who are called Governours as afore is said re-entred as the aforesaid Simon Baxter against them complaineth And further the Jurors say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law in the aforesaid Act of Parliament of the 7th year of King JAMES abovesaid and in the aforesaid Letters Patents of the said King and in the aforesaid Indenture of Bargain and Sale made between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid named And the aforesaid Richard Sutton and John Law now Defendants are one and the same persons and not others nor divers And that the aforesaid Thomas Lord Ellesmere Robert Earl of Salisbury the Reverend Father Launcelot Bishop of Elie Thomas Foster Henry Hobert John Overal Henry Thursby Jeffery Nightingale Richard Sutton John Law and Thomas Brown in the aforesaid Act of Parliament of the 7th yeer abovesaid named and in the aforesaid Letters Patents of the said Lord the King and in the aforesaid Indenture of Bargain and Sale made to George Arch Bishop of Canterby and others are one and the same persons and not others nor divers And that the most Reverend Father in God George Arch Bishop of Canterbury Thomas Lord Ellesmere Robert Earl of Salisbury John Bishop of London Launcelot Bishop of Elie Thomas Foster Henry Hobart John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law and Thomas Brown in the aforesaid Letters Patents of the aforesaid Lord the King mentioned and in the aforesaid Indenture of Bargain and Sale made between the aforesaid Thomas Sutton of the one partt and the aforesaid Reverend Father in God Gerrge Arch Bishop of Canterby Thomas Lord Ellesmere Robert Earl of Salisbury John Bishop of London Launcelot Bishop of Elie Edward Coke Thomas Foster Henry Hobart John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law Thomas Brown and John Hutton of the other part are one and the same persons and not others nor divers And that all the Manors Lands Tenements and Hereditaments in the aforesaid Act of Parliament of the 7th yeer abovesaid and in the aforesaid Letters Patents by the aforesaid Lord the King to the aforesaid Thomas Sutton granted and in the Indenture aforesaid of Bargain and Sale made Between the aforesaid Thomas Sutton and the aforesaid George Arch Bishop of Canterbury and others except the Lands Tenements and Hereditaments called the late dissolved Charter House besides Smithfield purchased of the aforesaid Thomas Earl of Suffolk mentioned are one and the same Manors Lands Tenements and Hereditaments and not others nor divers And that the aforesaid Lands Tenements and Hereditaments called the late dissolved Charter-House besides Smithfield in the aforesaid Indenture of Bargain and Sale made Between the aforesaid Thomas Sutton and the aforesaid Thomas Earl of Suffolk and others bearing date the 9th day of May in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid and in the aforesaid Letters Patents of the aforesaid Lord the King to Thomas Sutton aforesaid and in the aforesaid Indenture of Bargain and Sale between the aforesaid Thomas Sutton and the aforesaid Arch Bishop of Canterbury and others likewise named whereof c. are one and the same Lands Tenements and Hereditaments and not others nor divers And that the aforesaid Thomas Sutton in the aforesaid Act of Parliament of the 7th yeer abovesaid named and in the Writing aforesaid to John Hutton aforesaid made is one and the same person and not others nor divers And that the aforesaid George Mountain at the time of the making of the aforesaid Letters Patents of the aforesaid Lord the King was and now is Dean of the Church collegiat at Westminster And that the aforesaid George Mountain in the said Letters Patents of the said Lord the King named and the aforesaid George Mountain in the aforesaid Indenture of Bargain and Sale by the aforesaid Thomas Sutton to the aforesaid Geo. Arch Bishop of Canterbury and others as afore is said made named is one and the same person and not other nor divers And that the aforesaid John Hutton in the aforesaid Writing named and in the aforesaid Indenture of Bargain and Sale of the aforesaid Tho. Sutton named is one and the same person and not other nor divers But
whether upon the whole matter aforesaid in form aforesaid found The aforesaid Richard Sutton and John Law be guilty of the Trespasse aforesaid or not the said Jurors are utterly ignorant And pray the advise of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here That the aforesaid Richard Sutton and John Law are guilty of the Trespasse aforesaid as the said Simon Baxter against them complaineth Then they assesse the damages of the said John Baxter by occasion of that Trespasse of costs and charges by him about his Sute in his part expended to one penny and for his costs and charges to 12. pence And it upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here That the aforesaid Richard Sutton and John Law are not guilty of the Trespasse aforesaid Then the said Jurors say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law are not thereof guilty as the aforesaid Richard Sutton and John Law above for them have alleged And because the Court of the Lord the King here is not yet avised of and upon the premises day thereof is given to the parties before the Lord the King at Westminster until Wednesday next after 15. days of Easter to hear their Judgemēt of upon the premises because the Court of the L. the K. here therof not yet c. At which day before the Lord the King at Westm come the parties aforesaid by their Attornies aforesaid And because the Court of the Lord the King here is not yet avised of giving their Judgement of and upon the premises day thereof is further further given to the parties aforesaid before the Lord the King at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement thereof because the Court of the Lord the King here thereof not yet c. Upon which The premises by the Court of the Lord the King that now is here seen and all and singular the premises fully understood and mature deliberation being thereupon had For that it seemeth to the Court of the Lord the King that now is here upon the whole matter aforesaid in form aforesaid found That the aforesaid Richard Sutton and John Law are not guilty of the Trespasse aforesaid as the said Richard Sutton and John Law above for them have alleged It is granted that the aforesaid Simon Baxter take nothing by his Bill aforesaid but for his false clamor thereof be in mercy c. And that the aforesaid Richard Sutton and John Law go thereof without day c. And that the aforesaid Richard Sutton and John Law recover against the aforesaid Simon Baxter 24. pound for their costs and charges by them about their defence in this part expended to the said Richard Sutton and John Law with their assent by the Court of the Lord the King here according to the form of the Statute in such case late made and provided adjudged And that the aforesaid Richard Sutton and John Law have Execution thereof c. WASTE Hillary Term 340. ELIZABETH in the COMMON-PLEAS Rot. 2380. Co. 4. part Hyndes Case Fol. 68. ELizabeth Hynde was summoned to Answer to Richard Libb Esquire of Oxon. a Plea Wherefore Whereas of the Common Counsell of the Realm of the Lady the Queen of England it is provided That it shall not be law-for any one waste spoyle or destruction to do in Lands Houses Woods or Gardens to him demised for Term of life or yeers The said Eliza. of Lands and Woods in Goring and Whitchurch which she holdeth for Term of yeers of the demise of Robert Garrard of the aforesaid Richard of the Assignment of William Haw who those to the said Robert demised for the said Term thereof made to the said Richard did waste spoyle and destruction to the dissenherisin of him the said Richard and against the form of the Provision aforesaid c. And whereupon the said Richard by Thomas Lane his Attorny saith That whereas the aforesaid William Haw was seised of a Messuage called Haw Place 200. Acres of Land 10. Acres of Meadow 100. Acres of Pasture and 50. Acres of Wood with the Appurtenances in Goring and Whitchurch aforesaid in his Demesn as of Fee And so thereof being seised the 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 28th at Goring aforesaid By Indenture between the aforesaid William Haw of Haw Place in the Parish of Goring in the County of Oxon. Yeoman of the one part and the aforesaid Robert Garrard by the name of Robert Garrard of Hedsor in the County of Buckingham Gentleman made One part of which sealed with the Seal of the aforesaid Robert the said Richard here in Court brings whose date is the same day and yeer demised to the said Robert the Tenements aforesaid with the Appurtenances Except during the life of Agnes Haw Mother of the said William such part of the Messuage aforesaid parcel of the premises Orchard and Garden One Close called Reaves Dean and one Close called Bell Close and one Orchard called the Orchard Pedel parcel of the premises which the said Agnes then occupied and then had taken and agreed to receive for her Dower of in and for the Tenements aforesaid with the Appurtenances To have and to hold the said Tenements with the Appurtenances except before excepted to the said Robert and his Assigns from the Feast of the Birth of our Lord God then last past until the end and Term of 16. yeers from thence next insuing and fully to be compleat and ended By virtue of which Demise the said Robert in the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the 20th day of August in the yeer of the Reign of the said Lady the Queen that now is the 29th at Goring aforesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid Tenements with the Appurtenances above in form aforesaid demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the said Tenements with the Appurtenances above in form aforesaid demised entred and was thereof possessed And the aforesaid Elizabeth being thereof so possessed and the aforesaid VVilliam Haw of the Reversion thereof in form aforesaid being seised the said William the 7th day of March in the yeer of the Reign of the said Lady the Queen that now is the 30th at Goring aforesaid By his Indenture of Bargain and Sale made between him the said William of the the one part and the aforesaid Richard of the other part one part of which sealed with the Seal of the said William the said Richard here in Court brings whose Date the is same day and yeer and in the Court of the
Trinity Term Aº 6 to of King James Calvins Case Co. 7. part Fol. 1. a. IAmes by the Grace of God of England Scotland Erance and Ireland King defender of the Faith c. To the Sheriffe of Middlesex Greetings Robert Calvin Gent. hath complained to us That Richard Smith and Nicholas Smith unjustly and without Judgement have disseized him of his Freehold in Haggord otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past and therefore we command you That if the said Robert shall secure you to prosecute his claim Then that you cause the said Tenement to be reseised of the Chattels which within it were taken and the said Tenement with the Chattels to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming and in the mean time cause 12. free and legall men of that venew to see the said Tenement and the names of them to be unbrevicted and summon them by good summonors that they be before us where ever we be in England ready thereof to make Recognition and put by suerties and pledges the aforesaid Richard and Nicholas that then they be there to hear the Recognition and have there the summons the names of the Pledges and this Writ Witness my self at Westminster the 3. day of November in the year of our Reign of England France and Ireland the 5th and of Scotland the one and fortieth For 40. s. paid in the Hamper KINDESLEY THe Assise cometh to Recognize If Richard Smith and Nicholas Smith unjustly and without Judgement did disseise Robert Calvin Gent. of his Freehold in Haggard otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past And whereupon The said Robert who is within the age of 21. years by John Parkinson and William Parkinson his Guardians which the Court of the said King hereto this have joyntly and severally specially are admitted Complaineth That they disseised him of the Messuage with the Appurtenances c. And the said Richard and Nicholas by William Edwards their Attorney come and say That the said Robert ought not to be Answered to his Writ aforesaid because they say That the said Robert is an Alien born the 4th day of November in the Reign of the King that now is of England France and Ireland the third and of Scotland the 34th At Edenborough within his Kingdom of Scotland aforesaid and within the Alleagiance of the said Lord the King of the said Kingdom of Scotland and without the Alleagiance of the said Lord the King of his Kingdom of England and at the time of the birth of the said Robert Calvin and long before and continually after the aforesaid Kingdom of Scotland by the proper Rights Laws and Statutes of the same Kingdom and not by the Rights Laws and Statutes of this Kingdom of England was Ruled and Governed and yet is And this he is ready to aver and thereupon prayeth Judgement If the said Robert to his said Writ aforesaid ought to be answered c. And the aforesaid Robert Calvin saith That the aforesaid Plea by the aforesaid Richard and Nicholas above pleaded is in sufficient in Law to him the said Robert to Answer and to Barre him to have his Writ aforesaid that the said Robert to the said Plea in manner and form pleaded needeth not nor by the Law of the Land is holden to Answer and this he is ready to aver hereof prayeth Judgement and that the said Kichard and Nicholas to the aforesaid Writ of the said Robert do Answer And the said Richard and Nicholas for as much as they sufficient in matter in Law to him the said Robert to Answer have to his Writ aforesaid in Barr above have alleged which they are ready to aver which matter the aforesaid Robert doth not gainsay nor to the same doth in any ways Answer but the said Averment altogether to admit refuseth as at first demandeth Judgement if the aforesaid Robert to his Writ aforesaid ought to be admitted c. And because the Court of the Lord the King here are not yet avised of giving her Judgement of and upon the premises day thereof is given to the parties aforesaid before the Lord the King at Westminster untill Monday next after 8. dayes of St. Hillary to hear there Judgement thereof because the Court of the Lord the King here thereof are not yet c. And the Assise aforesaid remain to be taken before the said Lord the King untill the same Monday there c. And the Sheriff to distrein the Recognitors of the Assise aforesaid And before to make view c. At which day before the Lord the King at Westminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid and because the Court of the Lord the King hereof giving their Judgement of and upon the premises is not yet avised day hereof is given to the parties aforesaid before the Lord the King at VVestminster untill Monday next the morrow of the Assension of our Lord to hear their Judgement because the Court of the Lord the King here are not yet c. And the Assise aforesaid remain further to be taken until the same Monday there c. At which day before the Lord the King at VVestminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid c. And because the Court c. Upon which Seen and by the Court of the Lord the King here all and singular the prepremises fully understood and diligently looked into and examined and mature deliberation hereof being had because it seemeth to the Court of the Lord the King that now is here that the Plea aforesaid of the said Richard Smith and Nicholas Smith above pleaded is not sufficient in Law to the aforesaid Robert Calvin to have Answer to his Writ aforesaid to Barr Therefore it is considered by the Court of the Lord the King that now is here That the aforesaid Richard Smith and Nicholas Smith to the Writ of the said Robert further Answer c. Michael 25. and 26. of Queen Elizabeth Rott 144. Assise Dowmans Case C. 9th part Fol. 1. a. THe Assise came to Recognise if Edward Vavasor Esquire George Vavasor Gent. Richard Coats John Lawson William Musgrave Robert Thissylwood and Robert VVard unjustly c. Disseised Thomas Dowman Esq and Elizabeth his wife of their Freehold in Spaldington VVillitoft and Southcate within 30. years now last past c. And whereupon the said Thomas and Elizabeth by Henry Cressey Their Attorney complain That they disseised them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of pasture with their appurtenances c. And the aforesaid Edward George Richard John Robort Thyssylwood and Robert VVard by Edward Latimer
at Westminster in the County of Midd. was holden at Westminster aforesaid unto the Castle of the Lady the Queen c. is adjorned c. and their holden c. Afterwards the said Lady the Queen By other Letters Patents Constituted John Clench and Francis Rodes one of her Serjants at Law Justices to Assizes in the a-aforesaid County of York c. And the said Justices by virtue of the said Lett. Patents Afterward that is to say Monday in the 4th week of Lent in the yeer of the Reign of the said Lady the Queen that now is the 25th At the Castle of York came before whom then and there come the aforesaid Thomas Dowman and Elizabeth by their Attorney aforesaid and pray a Writ of Reattachment to the aforesaid Edward George Richard Coats c. that they be before the Justices of the Lady the Queen at the next Assizes in her County of York to be taken assigned to be holdē at the afores Castle of York to hear the Record and their Judgement of the Assize aforesaid w hc was in the Court of the said Lady the Queen that now is at the Castle aforesaid so that that Assize then be here in the State as it was in the Court of the said Lady the Queen that now is before the aforesaid John Clench and Francis Gawdy Justices to Assizes c. At the aforesaid Castle of York the aforesaid Monday the 6th day of August in the year of the said Lady the Queen that now is the 24th in which day the Assize aforesaid was adjorned before the said John Clench and Francis Gawdy then Justices c. from the aforesaid Castle of York unto the aforesaid Inn of the Justices in Chancery Lane London untill the aforesaid Saturday next after the aforesaid morrow of All Souls then next following c. At which next Assizes holden at the Castle of York aforesaid Monday the 29th day of July in the yeer of the Reign of the said Lady the Queen that now is the 25th before the aforesaid John Clench and Francis Gawdy then Justices to Assizes c. came as well the aforesaid Thomas Dowman and Elizabeth by their Attorny aforesaid as the aforesaid Edward George Richard Coats Iohn William Robert and Robert by the aforesaid Thomas Hill their Attorny And the Sheriff that is to say Thomas Wentworth Esq now sent That the aforesaid Edward Vavasor George Richard Coats Iohn William Robert and Robert c. And upon this day is given to them before the Justices of the said Lady the Queen that now is of the Bench in the Bench at Westminster in the morrow of All Souls next comming to hear and receive what to the said Justices should seem in this behalf because the said Iohn Clench and Francis Rodes Justices to Assizes c. thereof not yet c. And the Assize aforesaid with all touching the same to the said Justices of the Bench is sent c. The Warrant of Attorny followes and the Writ of Resummons in the Roll and the Tenor of the Writ of Reattachment and Retorn of the said Writ Elizabeth c. To the Sherriffs of York greeting Reattach Edward Vavasor Esq George Richard Coats Iohn William Robert and Robert or their Bailiffs if they shall not be found before our Justices to Assizes in your County to be taken assigned at the Castle of York in your County upon Monday the 22d. day of Iuly then next to come to hear the Record and Judgement of the Assize of Novel disseisin which was in our Court at the Castle aforesaid which Assize Thomas Dowman Esq and Elizabeth his Wife there arraigned against them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of Pasture with the Appurtenances in Spaldington VVillytoft and Southcone So as they that Assize then be there in the same state as it was in our Court before Iohn Clench third Baron of our Exchequer and Francis Gawdy one of our Serjants at Law our Justices to Assizes in your County to be taken assigned At the aforesaid Castle of York Monday the 6th day of August last past which day the assize aforesaid for certain causes was from thence adjorned before the same our Justices unto the Inn of the Justices in Chancery Lane London Untill Saturday next after the morrow of All Souls then next following And have here the names of the Pledges and this Writ Iohn Clench at the Castle of York the 11th day of March in the yeer of our Reign the 25th Frankland Cresly The within named Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert hath not any thing nor any of them have any thing in my Baliwick by which they can be attached or any of them can be attached nor have they nor any of them hath a Bailiff or Bailiffs nor are they or any of them to be found in the same Thomas VVentworth Esq Sheriff And now here that is to say at VVestminster aforesaid at this day that is to say at the aforesaid morrow of All Souls came as well the aforesaid Thomas Dowman and Elizabeth by the aforesaid Henry Cressy their Attorny as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by Tho. Algar their Attony And because the Justices of the Bench here will avise themselves of and upon the premses before they give their Judgement thereof day is given to the parties here until 8. dayes of St. Hillary and so it is continued in 8. dayes of St. Hillary the yeer following At which day here come as well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Indenture by the aforesaid Peter Vavasor Esq after the aforesaid Recovery in form aforesaid made and had was good and sufficient in the Law to lead the uses of the Recovery aforesaid of the Tenements aforesaid with the Appurtenunces so that the same Recovery of the Tenements aforesaid with the Appurtenances in the view of the Recognitors of the Assize aforesaid put and in the Plaint aforesaid specified by the aforesaid Andrew VVindsor VVilliam Vavasor Peter Vavasor the younger and John Laundere against the aforesaid Peter Vavasor Esq in form aforesaid had was to those uses in the aforesaid barr of the aforesaid Edward above specified in manner and form as the said Edward in his bar aforesaid above alleged Therefore it is considered That the aforesaid Thomas Dowman and Elizabeth take nothing by their Writ aforesaid but in mercy for their false clamour c. And the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert go thereof without day c. Audita Querela Easter Term Anno 80. of King JAMES Doctor Druries Case C. 8. part Fol. 139. a. AT another time as appeareth in
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
themselves of and upon the premises before that they give their Iudgement thereof Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their Iudgement because the same Iustices here thereof are not yet c. Actions of Debt Trinity Anno. 70. of King JAMES Vineors Case Rot. 2629 C. 8. part fo 80. a WIlliam Wilde late of Themilthorp in the County aforesaid Yeoman Norff. otherwise called William Wilde of Themilthorp in the County aforesaid Yeoman was summoned to answer to Robert Vineor of a plea that he renders unto him 20 pounds which to him he oweth and unjustly detayneth c. And whereupon the said Robert by Thomas Vynior his Attourney saith that whereas the said William the 15th day of July in the year of the reign of the Lord the King that now is of England France and Ireland the 6th at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was therof required yet the said William although often required the aforesaid 20 pound to the said Robert not yet hath rendred but the same to him hitherto hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the valew of 10 pound and thereof hebringeth sute and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie whose date is the day and year aforesaid c. And the aforesaid William by John Bussel his Atturney commeth and defends the force and injury when c and prayeth the hearing of the writing aforesaid and it is read unto him he also prayeth the hearing of the Condition of the said writings and it is read unto him in these words The Condition of this Obligation is such that if the above bounden William Wilde do and shall from time to time and at all times hereafter stand to abide observe perform fullfill and keep the Rule Order Judgment Arbitrament Sentence and final Determination of William Rugge Esquire Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said William Wilde as of the part and behalf of the abovenamed Rober Vynior to Rule order adjudge arbitrate and finally determine all matters sutes Controversies debates griefes and contentions heretofore moved and stirred or now depending between the said parties touching or concerning the sum of 22 pence heretofore taxed upon the said William Wilde for diverse kind of Parish business within the said Parish of Themilthorp so as the said A ward be made and set down in writing under the hand and seal of the said William Rugge at or before the Feast of St. Michael the Archangel next insuing after the date of these presents that then this present obligation to be void and of none effect or else the same to stand abide and remain in full power strength and virtue Which being read and heard the said William Wilde saith that the aforesaid Robert his action aforesad against him ought not to have because he saith that the Arbitrator aforesaid after the making of the writings and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition this c. he is ready to aver whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have And the aforesaid Robert saith That he by any thing before alleged from having his action aforesaid ought not to be barred because he saith that the said William Wilde after the making of the writing aforesaid and before the aforesaid Feast of Saint Michael the Archangel then next following that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England c. the 6th aforesaid at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and yeare reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing Obligatorie in the sum of 20 pound which condition in the said writing for the performance and fulfilling of the Arbitrament Rule Order Judgement Sentence and final determination of William Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared or might appear then the said William intending the revocation thereof by the said writing of Revocation revoked and did call back all the authority whatsoever which the said William Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator and then altogether dissallowed and held void all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament Rule Order Iudgement Arbitrament Sentence and Determination of all matters sutes controversies debates griefs and contentions then before moved and stirred or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wilde according to the aforesaid writing Obligatory as it was in the same mentioned and declared as by the said writing of Revocation more fully appeareth and this he is ready to aver whereupon in as much as the aforesaid William Wilde after the making of the writings aforesaid before c. the said Feast of Saint Michael the Archangel then next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid of all authority of arbitrating of and upon the premises in the condition aforesaid above specified contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him c. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing and not other nor diverse And the said William Wilde saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have and maintain and that he to that plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bounden to answer and this he is ready to aver whereupon and for want of
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
c. in Gosfield aforesaid entred and was thereof seised in his Demesn as of Freehold for the Term of his life And the said Thomas Lawrence and Marcy further say That at the time of the death of the aforesaid Thomas Nash sometimes Husband c. the aforesaid Zachary was within the Age of 21. yeers that is to say of three yeers by which the said Marcy whilest she was single as Guardian and for nurture of the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid entred and was thereof possessed the aforesaid Thomas Nash the Son of the Tenements aforesaid with the Appurtenances in Wetherfiald aforesaid being seised and that the said Zachary of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid in form aforesaid being seised And the said Marcy in form aforesaid being possessed Afterwards and before the making of the aforesaid Writing of Release here in Court brought at Gosfield aforesaid It was concluded and agreed between the said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower happening to her after the death of the aforesaid Thomas Nash sometimes the husband c. in all Lands and Tenements of the said Thomas in Wetherfield aforesaid And that the said Thomas Nash the Son should enfeoff John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten and the said Thomas Lawrance and Marcy farther say that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid in the form aforesaid being seised and the aforesaid Marcy of the Tenements with the appurtenances whereof c. in Gosfield aforesaid being possessed the said Marcy afterwards that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th abovesaid whilest she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered And the aforesaid Thomas Nash the Son the 28th day of April in the year of the Reign of the said late Queen the 35 th aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten and this they are ready to aver whereupon they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to be adjudged to the said Thomas Lawrance in manner and form aforesaid and that the matters above in the replication aforesaid are not sufficient in Law them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof c. against the said Edward and Margaret to have and maintain and that they need not nor by the Law of the Land are bound to answer and this they are ready to aver wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part the said Edward and Margaret as at first demand Judgement And that the said Thomas Lawrence and Marcy from the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. against them to have be barred And the said Thomas and Marcy for as much as they sufficient matter in Law the said Thomas and Marcy to have and maintain their Action aforesaid against the said Edward and Margaret above by Replication have alleged which they are ready to aver Which matter the said Edward and Margaret do not deny nor to the same any wayes Answer but the Averment aforesaid altogether Refuse to admit as before demand Judgement and seisin of the third part aforesaid to be adjudged unto them And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear their Judgement thereof because the said Justices here thereof not yet c. Debt Ester Term 26. of Queen Elizabeth Rott 1608. RIchard Mauser late of London yeoman otherwise called Richard Mauser of Gillingham in the County of Kent Yeoman was summoned to Answer to William Painter Esq of a Plea that he render to him 40. pound whicb he oweth him and unjustly deteineth c. And whereupon the said William by Thomas Antrobas his Attorney saith That the said Richard the 6th day of April in the year of the Reign of the Lady the Queen that now is the 12th at London in the Parish of the blessed Mary of Bow in the Ward of Cheap by a certain writing Obligatory granted himself to be bounden to the said William in the said 40. pound to be paid to the said William in the Feast of the Ascension of our Lord then next following Yet the aforesaid Richard although often required the aforesaid 40 pound to the said William hath not yet rendred but the same to him hitherto hath denyed and yet doth deny whereupon he saith he is the worse And hath damage to the value of 10. pound and thereof he bringeth sute And he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie the date of which is the day and year aforesaid c. And the said Richard by John Cook his Attorney cometh and defendeth the force and injury when c. And prayeth the hearing of the writing aforesaid and it is read unto him in these words The Condition of this Obligation is such That whereas the within bounden Richard Mauser and John Mouser his Son by their deed of â—eoffment bearing date the date of this Obligation have given granted and confirmed unto the within named William Paynter and his Heirs all that parcel of Wood-land called South-wood conteining by estimation 10. Acres be it more or lesse lying together in the Parish of Gillingham within said and Bedherst in the County within said to the Lands of one Thomas Remsby towards the East West and North and to the Kings way towards the South as the same do more at large it appear If the said William Paynter and his Heirs shall and may at all times hereafter have hold and injoy all the aforesaid parcell of wood-Wood-land with the appurtenances and charged or saved harmlesse of and from all and every former Bargain Sale Gift Grant Lease Right Copihold Dower Rent Charge and all other things and incumbrances whatsoever had made or suffered to be done by the said Richard Mauser or his Heirs or Assignes and also if
the said Richard Mauser and John Mauser his Son and their Heirs and the Heirs of either of them do at all times hereafter upon request to them or any of them made at the costs and charges of the said William Paynter his Heirs and Assigns make seal deliver acknowledge and do all and every such further reasonable Act and Acts thing and things devise and devises in Law as shall be reasonably devised or required to be done by the said William Paynter his Heirs or Assigns or his or their Counsel learned in the Law for the further assurance surety and sure-making of the aforesaid parcel of Woodland with the appurtenances unto the said William Paynter his Heirs and Assigns That then this present Obligation to be void or otherwise to remain in his force and vertue Which being read and heard The said Richard saith That the said William ought not to have his Action against him because he saith That the aforesaid William from the time of the making of the writing aforesaid untill the day of the bringing of the Original Writ of the said William that is to say the 16th day of October in the year of the Reign of the Queen that now is the 24th had held and enjoyed all the said parcell of Wood with the appurtenances called Southwood in the Condition aforesaid above specified kept free of and from all and singular former Bargains sales gifts grants demises rights joyntures dowers rent charges and from all other charges and incumbrances whatsoever had made or suffered to be made by the said Richard Mauser his Heirs or Assigns according to the form and effect of the Endorsment thereof And the said Richard Mauser further saith That after the making of the writing aforesaid and before the day of the bringing of the Original Writ aforesaid That is to say The 10th day of April in the year of the Reign of the said Lady the Queen that now is the 24th The aforesaid William Paynter at Gillingham in the County of Kent devised in writing a certain writing of Release between the said William Paynter and him the said Richard Mauser and the before said John Mauser and then and there required the said Richard and the said John that they would deliver the said writing as their Deed whereupon the said Richard the said writing at Gillingham aforesaid sealed and delivered as the Deed of the said Richard to the aforesaid William And further the said Richard saith That the said John Son of the said Richard in the condition aforesaid named upon the request of the said William made to the said John to Seal and deliver that writing as his Deed upon the shewing of the said writing of Release so devised because the said John was not lettered and could not read nor discern the contents or matter of the said writing at Gillingham aforesaid then required of the said William Paynter the writing aforesaid to be delivered unto him to shew the same to a man learned who could read the said writing to him so that he upon the reading of the contents of the writing aforesaid might inform himself whether that writing were made according to the Tenor of the Condition aforesaid or not and the said John said then and there That he would Seal and deliver that writing if that writing were according to the Tenor of the Condition aforesaid But the said William then and there refused to deliver to the said John the writing aforesaid to shew to a man learned in the Law who could read the same to the â—aid Iohn By reason of which The said Iohn did not seal nor deliver the writing aforesaid to the said William upon the request of the said William in manner and form aforesaid made And the aforesaid Richard Mauser saith That from the time of the making of the writing aforesaid untill the day of the bringing of the Writ aforesaid there were not any other farther Act or Acts devise or devises by the said William or his Counsel learned devised and required to be done to the aforesaid William Paynter for the further assurance security and sure making of the aforesaid parcell of Wood with the appurtenances by the said Richard Mauser and Iohn Mauser or any of them to the aforesaid William Paynter his Heirs and Assigns according to the form and effect of the Condition aforesaid to be done And this he is ready to averr whereupon he prayeth Judgement if the said William his Action aforesaid against him ought to have And the said William saith That the Plea of the said Richard in manner and form above pleaded is not sufficient in Law to Barr the said William to have his Action aforesaid against the said Richard and that he to that Plea in manner and form aforesaid pleaded needeth not by the Law of the Land to Answer and this he is ready to averr Whereupon for default of a sufficient Plea in this party The said William demandeth Judgement and his debt aforesaid together with his damages by occasion of deteining his debt to be adjudged unto him c. And the said Richard for as much as he sufficient matter in Law to barr the aforesaid William of having the Action aforesaid against the said Richard above hath alleged which he is ready to averr And which matter the said William doth not deny nor to the same in any manner Answer but the same averment to admit doth altogether refuse as before he demandeth Judgement and that the said William from his action aforesaid having against him the said Richard be barred c. And because the Justices here will advise of and upon the premises before they give Judgement day is given to the parties aforesaid untill the day after the Holy Trinity to hear their Judgement c. Because the said Justices hereof not yet c. At which day here come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and because the Justices here will further advise of and upon the premises before they give Judgement further day is given to the parties aforesaid untill in 8. dayes of St. Michael to hear their Judgement because the said Justices here hereof not yet c. At which day come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and upon this the premises considered and by the Justices here fully understood It seemed to the Justices here That the aforesaid Plea of the said Rich. Mauser above in Barr pleaded is not sufficient in Law the said Rich. as to barr the said Wil. to have his ActioÌ„ aforesaid against the said William Paynter above hath alleged Therefore it is granted that the said William Paynter recover against the said Richard Mauser his debt aforesaid and his damages by occasion of deteining of his debt to 20. pounds to the said William with his assent by the Court here adjudged and the aforesaid Richard in mercy c. Afterwards that is
they put themselves upon the Country And the said Titus likewise c. Therefore a Jury came before the Lady the Queen at Westminster upon Saturday next after 15. dayes of Easter And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the proceeding thereof was continued between the parties aforesaid of the plea aforesaid by Jurors put thereof between them in Respite before the Lady the Queen at Westminster untill Monday next after three Weekes of Holy Trinity then next following Unlesse the Beloved and Faithful of the said Lady the Queen Iohn Popham Kâ— Chief Justice of the Lady of Pleas in the Court of the said Lady the Queen to be holden assigned first upon Saturday next after 15. dayes of Holy Trinity at Guildhall London by form of the Statute c. cometh for default of Jurors c. At which Monday next after three Weekes of Holy Trinity before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid and the before said Chief Justice before whom c. sent here his record before him had in these words That is to say Afterwards the day and place within contained before Iohn Popham Kâ— Chief Justice within written associating to him Thomas Povey by the form of the Statute c. came as well the within named Titus VVestbie as the within written Thomas Skinner and Iohn Catcher by their Attornies within contained and the Jurors sworn whereof within is made mention some of them came and some of them did not come as it appeareth in the Pannel and some of the said Jurors now appeared that is to say Iohn Sly Thomas VVorship Arthur Parkins William Tegoe Iohn VViggenton appeared and were sworn in the Jury aforesaid and because that the rest of the Jurors of the said Jury did not appear Therefore others of the Standers by chosen by the Sheriffs of London at the request of the said Titus VVestbie and by the command of the Chief Justice aforesaid were new put whose names are fyled to the Pannel within written according to the form of the Statute in that case made and provided Which Jurors so a new put appeared that is to say Iohn Patson George Clarke Alexander Sharp Edward Flory Thomas Chapman Emanuel Trambel and Henry Field appeared who being sworn to the Truth of the matters which is contained with the other Jurors chosen tryed and sworn say upon their Oath That the within written Thomas Smith Edward Winter and Anthony Bastard the within written 21th day of Ianuary the 29th year within written at Westminster in the County of Middlesex within written before the within named Christopher Wray Kâ— then chief Justice of the Lady within written of Pleas before the Queen holden assigned by their writing Obligatory within written sealed with their Seales granted themselves to be bounden and acknowledged that they did owe to the aforesaid Titus the within written 440. pounds To be paid to the same Titus or his certain Attorney shewing that writing their Heirs or Executors in the within written Feast of the Annunciation of the blessed Mary the Virgin then next following and if they should make default in payment of the said Debt That then the said Thomas Smith Edward Winter and Anthony Bastard willed and granted that then should run upon them the said Thomas Edward and Anthony and every of them their Heirs and Executors the penalty in the Statute of Debts for Merchandizes in the same bought to be recovered ordained or provided in manner and form as the said Titus likewise within against them declared And that the said Statute by the said Thomas sueth Edward Winter and Anthony Bustard in form aforesaid acknowledged Afterwards that is to say the within written 11th day of April in the year of the Reign of the said Lady the Queen that now is the 30th within written by the within named Iohn Chomley Esq then Clark of the said Lady the Queen that now is of Recognizances of Debts to be recovered according to the form of the Statute in the like case provided deputed by his Writing within written sealed with his seal into the Chancery of the said Lady the Queen within written it was certified in manner and form as the said Titus within likewise against the said Thomas Skinner Iohn Catcher alledged And that thereupon the said Titus afterwards that is to say the within written the 31th day of August the 30th year within written sued forth out of the said Court of Chancery within written the Writ aforesaid within specified of the said Lady the Queen that now is to the Sheriffs of London directed By which Writ the said Lady the Queen that now is then commanded the Sheriffs of Lond. That the bodies of the within named Thomas Smith Edward Winter and Anthony Bastard if they were Laymen to be taken and in the Prison of the said Lady the Queen until the said Titus Westbie of the Debt aforesaid fully satisfied they should cause safely to be kept And all the Lands and Chattels of the said Thomas Edward and Anthony in the Balywick of of the said Sheriffs by the oath of honest and lawful men of their said Balywick by whom the truth of the matter may best be known according to the true value thereof they diligently cause to be extended and apprized and into the hands of the said Lady the Queen they make to be seised that the same to the aforesaid Titus until he should be fully satisfied of the Debt aforesaid they might be delivered according to the form of the Statute at Westminster for the like Debts to be recovered thereof made and provided And how the said Sheriffs have executed the said Command that they make known to the said Lady the Queen in the Chancery within 15. dayes of St. Martin then next wheresoever it should then be by their Letters sealed and that they should have here that Writ which said Writ the said Jurors say upon their Oath aforesaid That the said Titus Westbie afterwards that is to say the within written 8th day of September in the 30th year aforesaid at London aforesaid that is to say in the within written Parish of Christ Church in the Ward of Farrington within delivered to the said Thomas Skinner and John Catcher then being Sheriffs of London in form of Law to be executed in manner and form as the aforesaid Titus within likewise against them declared And further the Jurors aforesaid say upon their oath aforesaid That the said Anthony Bastard then that is to say the aforesaid 8th day of September in the 30th year aforesaid was in the Goale of the said Lady the Queen that now is of Newgate under the Custody of the said Tho. Skinner and J. Catcher then Sheriffs of London aforesaid in Execution at the sute of one Robert Dighton for the Debt of 240. pounds and the said Anthony Bastard so there
Court of the said Lady the Queen here before the Queen her self were sent The aforesaid Thomas Skinner and John Catcher in the Court of the Exchequer aforesaid divers matters for Errors in the Record and Proceedings aforesaid for the revoking and annulling of the Judgement aforesaid assigned To which the said Titus in the said Court appearing pleaded That neither in the Record nor in the Proceedings aforesaid for the revoking and annulling of the Judgement aforesaid in any thing was there Error After which that is to say Monday the 20 th day of October in the year of the Reign of the Queen that now is the 37 th the premises seen And by the Court of the said Lady the Queen there diligently examined and fully understood as well the Record and proceedings aforesaid and the Judgement upon the same given as the Cause aforesaid for Error by the said Thomas and John above assigned and alleged It seemed to the Court here That the Record aforesaid was in nothing vitious or defective and that in the Record aforesaid is Error in nothing Therefore then and there in the same Court it was granted That the Judgement aforesaid should be affirmed in all things and stand in all his force and effect the said Causes for Error here assigned in any thing notwithstanding And further It was granted That the said Titus should reover against the said Thomas and John 80. shilings to the said Titus by his Assent by said Court of the Lady the Queen there adjudged according to the form of the Statute late made and provided for his costs and charges which he had by reason of delay of the Execution of the Judgement aforesaid by Colour of prosecuting the said Writ of Error c. And thereupon the Record aforesaid as also the proceedings thereupon before the Justices of the Common Pleas and the Barons of the Exchequer aforesaid in the premises had before the Queen wheresoever c. by the Justices and Barons aforesaid were sent back according to the form of the Statute aforesaid c. And in the same Court of the said Lady now here before the Queen they remain c. Ejectione Firme Mich. 30. 31. Eliz. in the Exchequer Sir William Pethams Case co 1. part MEmorandum That at another time that is to say in the Term of Lond. ss St. Hillary in the year of the Reign of Queen Elizabeth that now is the 30 th Henry Page Debtor of the Lady the Queen that now is before the Barons of the Exchequer of the said Lady the Queen at Westminster in the County of Middlesex by John Hawkesworth his Attorney and brought then and there his Bill against Edward Griffin of a plea of Trespass Ejectment out of his Farm The Tenor of which Bill followeth in these words ss London ss Henry Page Debtor of the Lady Elizabeth the Queen that now is cometh before the Barons of the Exchequer the 27th day of January this Term by John Hawkesworth his Attorny and complaineth against Edward Griffin present here in Court the same day by Richard Hatton his Attorny of a Plea of Trespasse and Ejectment of him out of his Farm for that viz. That whereas one Thomas Bowes Mr. of Artes the 10 th day of January in the yeer of the said Lady the Queen that now is the 29 th at London in the Parish of St. Mary Wolnoth in the Ward of Langborn London had demised granted and to farm letten to the said Henry Page one Capital Messuage then or late in the tenure or occupation of Edward Griffin of London Haberdasher situate lying and being in Lomberstreet in the Parish of St. Mary Wolnoth in the Ward aforesaid within the City of London commonly called and known by the name of the White Lyon together with all Shops Sellers Chambers Places Easements Advantages Profits and Commodities with their appurtenances whatsoever to the said Messuage belonging or in any wise appertaining To have and to hold the said Messuage and all other the premises with their appurtenances to the said Henry Page his Executors Adminstrators and Assignes from the Feast of the Birth of our Lord then last past untill the end and Term of 6. years from thence next and immediately following to be compleat and ended By virtue of which Demise the said Henry Page into the Messuage aforesaid with the appurtenances entred and was thereof Possessed and so being thereof Possessed The said Edward Griffin afterwards that is to say the 11 th day of January in the year of the Reign of the said Lady the Queen that now is the 29 th aforesaid with Force and Armes c. into the Messuage aforesaid which the said Thomas Bowes to the said Henry in form aforesaid demised for the Term aforesaid which is not ended entred and the said Henry from his Farm aforesaid thereof his Term aforesaid not ended did eject expell and amove and other wrongs did unto him to the great damage of the said Henry and against the peace of the said Lady the Queen that now is Whereupon the said Henry saith that he is the worse and hath damage to the value of 20. Marks So as the less the aforesaid Henry cannot satisfie the Queen that now is the Debts which to the said Queen he oweth at her Exchequer And thereupon he bringeth Sute c. Pledges of Sute John Doo and Richard Roo And now this day that is to say in 8 â—â— of St. Michael this Term that is to say the 30 th year Until which day the said Edward Griffin prayed license to imparle and then to answer come here as well the said Henry Page as the said Edward Griffin by their Attornies aforesaid and the said Henry demandeth that the said Edward Griffin answer him in the premises c. And upon this The said Edward Griffin by his aforesaid Attorny cometh and defendeth the force and injury when c. And saith That he of the Trespasse and Ejectment aforesaid is no way thereof guilty And of that he puts himself upon the Country and the said Henry Page likewise Therefore it is commanded to the Sheriffs of London that they make come here from the day of St. Michael in one Moneth 12. c. of the Nighbourhood of the Parish of St. Mary Wolnoth in the Ward of â—augborn within the City of Lond. whereof every one c. by whom and who never c. And the same day is given to the parties aforesaid here c. At which day come the parties aforesaid by their Attornies aforesaid And the Sheriffs of London That is to say Hugh Offley and Richard Saltonstall send here the Writ of Venire Facias of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and the said Jurors being called did not appear Therefore it was commanded to the Sheriffs of London that they destrein the Jurors aforesaid by their Lands c. So c. upon Wednesday the 6 th of
November next to come Unless Roger Manwood Kt. Chief Baron of the Exchequer of the said Lady the Queen upon Tuesday the 4 th day of November next following at the Guild-hall of the City of London by force of the Statute thereof provided shall first come So that inquiry thereof before the said Chief Baron then here distinctly and openly taken be had here at the aforesaid Wednesday And it is said to the parties aforesaid that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday and that they be here the said Wednesday to hear Judgement upon the vredict of the inquisition aforesaid if c. At which day come the said Parties by their Attornies aforesaid And the said Chief Baron delivered here the tenor of this Plea together with the Writ of Distringas of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and to the said Tenor fyled Which Tenor is indorsed thus Afterwards the day place within contained before Roger Manwood Kt. Chief Baron of the Exchequer of the Lady the Queen associating to him Walter Morley Gent. by the form of the Statute c. came as well the within named Henry Page as the within written Edward Griffin by their Attornies within mentioned And the Jurors whereof mention is within made being called some of them that is to say John Palmer Thomas James Thomas Thomas George Maunsell Thomas Bagnill and Robert Bilborough and in Jury aforesaid were sworn and because that the rest of the Jurors of the said Jury did not appear Therefore other of the standers by by the Sheriffs chosen at the request of the said Henry Page by the Command of the said Chief Baron were anew put whose names are fyled to the Pannel within written according to the form of the Statute in the such case made and provided and the Jurors so anew chosen and put that is to say George Clarke John Barnes George Ganbie Thomas Staubauke William Sutton and George Roberts being called likewise came who being together with the other Jurors aforesaid first impannelled sworn to say the truth of the premises within contained chosen tryed and sworn say upon their Oath That the City of London is an ancient City and that all Lands and Temenents within the said City are and time whereof the memory of Men is not to the contrâ—ry were deviseable and bequeathable by Testament in Writing And that long before the time within written when it is supposed the Trespasse and Ejectment to be done That one Martin Bowes Kt. was seised of the Messuage within mentioned with the Appurtenances amongst other things in his Demesn as of Fee and that the said Martin Bowes had issue of his body lawfully Begotten one Thomas Bowes and that the said Thomas had issue of his body lawfully begotten Martin Bowes and the within named Thomas Bowes and one George Bowes And also the Jurors say upon their Oath aforesaid That the aforesaid Martin Bowes Kt. before the time in which c. that is to say the 29 th day of July in the year of the Reign of the Queen that now is the 8 th made his Testament and last Will in writing and by the same amongst other things Willed and Bequeathed to the said Thomas Bowes his Son the Messuage aforesaid with the Appurtenances amongst other things for the Term of the life of the said Thomas without impeachment of Waste and after his decease then the said Martin Bowes Kâ— by his Testament aforesaid Willed that the said Messuage aforesaid amongst other things should remain to the said Martin Bowes the Son of the said Thomas Bowes To have and to hold to the said Martin Son of the aforesaid Thomas and the Heirs males of his body lawfully begotten And for default of any issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said Thomas Bowes second Son of the said Thomas Bowes Son and Heir of the said Martin Bowes Knight and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said George Bowes third SoÌ„ of the said Thomas Bowes Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid amongst other things with the Appurtetenances should wholly remain to the Heirs males of the body of the said Thomas Bowes Son and Heir apparent of the said Martin Bowes Kt. lawfully begotten And for to default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Martin Bowes Son and Heir apparent of one Martin Bowes of Jenkins in the Parish of Barking in the County of Essex Esq and the Heirs males of his body lawfully to be begotten And for default of such issue That the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the Heirs males of the body of the said Martin Bowes of Jenkins lawfully begotten And for default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Will. Bowes son of the aforesaid Martin Bowes Knight the Heirs males of his body lawfully begotten for default of such issue that then the said Messuage with the Appurtenances amogst other things should remain to the right Heirs of the said George Bowes for ever And the aforesaid Martin Bowes Kt. of the Messuage aforesaid with the AppurtenaÌ„ces amongst other things in his Demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 8 th dyed of the Messuage aforesaid with the Appurtenances amongst other things in form aforesaid seised After whose death The said Thomas Bowes Son and Heir of the said Martin Bowes Kt. into the Messuage aforesaid with the Appurtenances did enter and was thereof amongst other things seised in his Demesn as of Free hold for the Term of his life without Impeachment of Waste according to the form and effect of the Testament aforesaid with the remainder thereof in form aforesaid expecting And the said Thomas Bowes so being thereof seised before the time in which c. that is to say the 19th day of December in the year of the Reign of the said Lady the Queen that now is the 14th by a certain Indenture between the said Thomas Bowes of the one party and one William Peltham Esq of the other party made bearing date the same day and year and in the Court of Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being with in 6. Moneths then next following in due manner of
said 8. Messuages and other the premises by these presents bargained and sold And that he hath full power and perfect lawful good authority to bargain fell and assure the same in manner form aforesaid And further that he the said Thomas Bowes and the Heirs of the said Thomas Bowes and all and every other person and persons and their Heirs having or lawfully claiming any lawful estate or interest of or in the premises or any part or parcell thereof shall and will at the costs and charges in the Law of the said VVill. Petham his Heirs and Assignes at all and every time and times hereafter during the Term of Four years next insuing the date thereof at the reasonable request of the said William Pelham his Heirs or Assignes do cause procure and suffer to be done All and every such reasonable and further act or acts thing or things devise or devises assurance and assurances whatsoever for the further and better assurance and sure making and for the clear and absolute having and enjoying of all and singular the aforesaid premises with their Appurtenances and every part and parcel thereof to be injoyed conveyed and assured to the said VVilliam Pelham his Heirs and Assignes be it by Fine Feoffment Recovery Deed or Deeds Inrolled Inrolement of these presents Recovery with single or double Vouchers and with warranty against all men or without warranty or otherwise as shall be reasonably devised or avised by the said VVilliam Pelham or by the Council learned in the Lawes of this Realm of the said VVilliam Pelham his Heirs or Assignes And that the said 8. Messuages and other the premises by these presents bargained and sold now are of the cleer yearly value of 67. pounds 13. shillings and 8. pence of lawful money over and above all charges and reprises And after the Feast of St. Michael the Archangel which shall be in the year of our Lord God 1688. of the cleer yearly value of 71. pounds 13. shillings and 4. pence of lawful Money of England over and above all charges and reprises In witness whereof the parties aforesaid to these Indentures sunderly have set their seals Given the day and year first above written Memorandum that afterwards that is to say the 21. day of December in the year abovesaid came the aforesaid Thomas Bowes before the said Lady the Queen in her Chancery at Westminster in his proper person And did acknowledge there the Indenture aforesaid all and singular in the same contained and specified in the former above written By Colour of which bargain sail and Inrollment aforesaid as also by force of a certain Act of transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the 27th year of his Reign holden made and provided The said William Pelham was seised of the Messuage aforesaid with the Appurtenances amongst other things in which c. as the Law requireth And the said VVilliam so being thereof seised before the time in which c. A certain Recoverie was had in the Court of Hustingâ— of Pleas of Lands holden in the Guild-hall London before the Mayor and Sheriffs of the same City according to the custom of the aforesaid City by Nicholas Parker and Simon Patricke demandants against the said Willi. Pelham then Tenant of the said Messuage with the Appurtenances amongst other things in which c. in and upon a Writ of the Lady the Queen of Right Patent by the aforesaid Nicholas and Simon brought out of the Court of Chancery of the said Lady the Queen and in the said Court of Hustings and according to the custom of the City afore said prosecuted The Tenors of which Writ and the return and the proceedngs thereof as also of the Recovery aforesaid with all things touching the same follow in these words ss Pleas of Lands holden in the Hustings in the Guild hall London Monday next the feast Perpetue feliatatis In the year of the Reign of our Lady Elizabeth by the grace of God of England France and Ireland Queen defender of the faith the 14th At this Hastings came here in their proper persons Nicholas Parker and Simon Patrick and brought here in Court a Writ of the Lady the Queen of Right Patent to the Mayor and Sheriffs of London directed in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Mayor and Sherifs of London greeting We command you full Right you do to Nicholas Parker and Simon Patricke of 8. Messuages with the Appurtenances in London which they claim to hold of us by the free service of 1. penny by the year for all service which VVilliam Pelham Esquire deforced them that no more clamor thereof we hear for defect of Right Witnesse my self at VVestminster the last day of February in the year of our Reign the 14 th And they found Pledges to prosecute the said Writ that is to say John Doo and Richard Roo And then and there the said Nicholas Parker and Simon Patrick put in their place VVilliam Dalby their Attorny against the aforesaid VVilliam Pelham by the said their Attorny then there demanded Process c. according to the Custom of the City aforesaid and it is granted unto them c. Upon which then it was Commanded then and there by the said Court to the Sheriffs of London according to the Custom of the said City That they summon by good summoners the said VVilliam Pelham that he be here at the next Hastings London of Pleas of Lands in the Guild-hall of the City aforesaid according to the Custom of the said City to be holden to Answer to the said Nicholas Parker and Simon Patricke in the same plea here c. At which day that is to say at the Hastings London of Pleas of Lands holden in the Guid-hall London Monday next before the Feast of St. Edward King and Martyr in the year of the Reign of the said Lady Elizabeth c. the 14 th aforesaid The said Nicholas Parker and Simon Patrick by the said VVilliam Dalby their Attorny came and appeared here c. And the Sheriffs of London that is to say Henry Mills and John Branch now sent and retorned here upon the Precept aforesaid to them directed That they by virtue of the said Precept sommoned the said VVilliam Pelham to be here at this Hastings to Answer to the said Nicholas Parker and Simon Patricke in the plea aforesaid as to them c. by John Doo and Richard Roo summoners c. Which VVilliham at this Hastings put in his place Roger Coys and Robert Hogeson their Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. by VVilliam Fleetwood Esquire Recorder of the City aforesaid c. And upon this the said Nicholas
Parker and Simon Patricke by the said VVilliam Dalby their Attorny demand against the said William Pelham 8. Messuages with the Appurtenances situate lying and being in the Parish of St. Mary Woolnotb in the Ward of Langborn London as their Right c. By the Writ of the said Lady the Queen that now is of Right Patent c. And to hold of the said Lady the Queen by the free service of 1. penny by the year for all service c. And whereupon they say That they themselves were seised of the aforesaid 8. Messuages with the Appurtenances c. in their Demesn as of Fee and Right c. in time of peace in the time of the said Lady the Queen that now is c. taking the Profits thereof to the value c. And that such is their Right they offer c And the said VVilliam Pelham by his Attorny aforesaid cameth and defendeth the right of the said Nicholas Parker and Simon Patricke when c. And the seisin of the said Nicholas Parker and Simon Patricke of which seisin c. and all c. and whatsoever c. as of Fee and Right c. and especially of the said 8. Messuages with the Appurtenances c and vouch thereof to warranty Thomas Bowes of London Esquire And demand summons in London by the aid of this Court to warrant to the said Wiliam Pelham the said 8. Messuages with the Appurtenances which the said Nicholas Parker and Simon Patricke claim against the said VVilliam Pelham as their Right c. And the said Nicholas Parker and Simon Patricke by their Attorny aforesaid willingly grant That the said William Pelham have his voucher aforesaid Whereupon upon the Petition of the said Nicho. Parker and Sim. Patricke It was commanded by the Court to the Sheriffs of London that they summon by good summons the said Thomas Bowes that he be here at the next Hustings London of Pleas of Lands at the Guild-hall of the City aforesaid to be held c. to warrant to the said VVilliam Pelham the said 8. Messuages with the Appurtenances c. against the said Nicholas Parker and Simon Patricke c. And the same day was then and there given as well to the said Nicholas Parker and Simon Patricke as to the said VVilliam Pelham in the Plea aforesaid here c. At which day that is to say at the Hustings London of Pleas of Lands in the Guild-hall of the City of London upon Monday next before the Feast of St. Alphege Bishop in the year of the Reign of the said Lady the Queen c. the 14 th come as well the said Nicholas Parker and Simon Patricke by the said VVilliam Dalby their Attorny as the said VVilliam Pelham by his Attorny aforesaid And the Sheriffs of London that is to say Henry Mills and John Braunch now sent and retorned here upon the Precept to them directed that they by virtue of the said Precept summoned the said Thomas Bowes to be here at this Hustings to warrant to the said William Pelham the said 8. Messuages with the Appurtenances c. as to them c. by John Doo and Richard Roo Summoners And upon this The aforesaid Thomas Bowes whom the said William Pelham vouched to warranty c. at this Hastings put in his place Roger Coys and Robert Hogeson his Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. By William Fleetwood Esq Recorder of the City aforesaid c. And now here at this Hustings The said Thomas Bowes by the aforesaid Roger Coys and Robert Hogeson came and freely the aforesaid Messuages with the Appurtenances c. To the said Willi. Pelham against the said Nicholas Parker and Simon Patrick did warrant c. And thereupon the said Nicholas Parker and Simon Patricke by the said William Dalby their Attorny demanded against the said Thomas Bowes Tenant by his warranty aforesaid the said 8. Messuages with the Appurtenances c. as their Right c. by the Writ aforesaid c. in form aforesaid c. And whereupon they said That they were seised of the Messuages aforesaid with the Appurtenances c. in their Demesn as of Fee and Right c. in the time of Peace in the time of the said Lady the Queen that now is c. taking the profits thereof to the value c. And that such is their Right they offer c. And the said Thomas Bowes Tenant by his warrantty aforesaid by the said Roger Coys and Robert Hogeson their Attornies came and denyed the Right of the said Nicholas Parker and Simon Patricke when c. And the seisin of the said Nicholas Parker and Simon Patricke of which deseisin c. and all c. and whatsoever c. as of Fee and Right c. and chiefly of the said 8. Messuages with the Appurtenance c. And vouched thereof to warranty Richard Horsted of London Iremonger who now is present here in Court in his proper person and freely the said 8. Messuages with the Appurtentnces c. to the said Thomas Bowes did warrant c. And upon this at the Hustings aforesaid The said Nicholas Parker and Simon Patricke by the said VVilliam Dalby their Atterny demanded against the said Richard Horsted Tenant by his warranty then and there being in his proper person the said 8. Messuages with the Appurtenances c. by the Writ aforesaid c. in form aforesaid c. as their Right c. And whereupon they say That they were seised of the aforesaid 8. Messuages with the Appurtenances c. in their Demesn as of Fee and Right c. in time of peace in the time of said Lady the Queen that now is taking thereof the Profits to the value c. and that such is their right offer c. and the said Richard Horsted Tenant by his warranty aforesaid in his proper person cometh and resendeth the right of the said Nicholas Parker and Simon Patricke when c. and the seisin of the said Nicholas Parker and Simon Patricke of which seisin c. and all c. and whatsoever c. and chiefly of the said 8 Messuages with the appurtenances c. as of fee and right and saith that he hath more right to hold the said 8 Messuages with the appurtenances as Tenant thereof by his warranty aforesaid to him and his heirs as he now holdeth then the said Nicholas Parker and Simon Patrick have to demand the said 8 Messuages with the appurtenances c. as they above demand c. and demand Recognition to him hereupon to be done according to the custome of the City aforesaid c. and hereupon the said Nicholas Parker and Simon Patrick by their Attorny aforesaid prayeth Licence thereof to imparle and they have it c. and afterwards the said Nicholas Parker and Simon Patrick by their Attorny aforesaid come again at the self same Court of Hastings ready
to the plea of the said Richard Horsted Tenant by his warrant aforesaid in form aforesaid pleaded to reply c. and the said Richard Horsted Tenant by hâ—s warranty aforesaid although sollemnly called came not again but in contempt of the Court departed and made default Therefore It is considered by the said Court That the said Nicholas Parker and Simon Patrick shall recover seisin against the said William Pelham of the aforesaid 8 Messuages with the appurtenances c. to hold to the said Nicholas Parker and Simon Patrick and their heirs acquitted from the said William Pelham and his heirs and also from the said Thomas Bowes and his heirs as also from the said Richard Horsted and his heirs for ever and that the said William Pelam have of the Lands and Tenements of the said Thomas Bowes to the value c. and that the said Thomas Bowes have of the Lands and Tenements of the aforesaid Richard Horsted to the value c. and that the said Richard Horsted be in mercy c. and hereupon at the self same Hastings at the petition of the said Nicholas Parker and Simon Patrick it was commanded to the Sheriffs of London that they to the said Nicholas Parker and Simon Patrick and their heirs for ever of the Messuages aforesaid with the appurtenances give full and peaceable seisin and how the said Command was executed that they make known unto the Court here at the next Hastings of London of pleas of Lands in the guildhall of the City aforesaid to be holden c. at which day that is to say â—t the Hustings of pleas of Lands holden in the Guild-hall London Monday next before the feast of Saint Philip and James in the year of the said Lady the Queen the 14 th aforesaid the Sheriff of London that is to say Henry Mils and John Branch retorned and certified to the Court here c. That they by virtue of the precept to them directed full and peaceable seisin to the said Nicholas Parker and Simon Patrick of the 8 Messuages with the appurtenances c. made to have according to the effect of the precept aforesaid as it was above commanded unto them c. as by the said recovery aforesaid under the seal of the office of the Mayraltie of the City aforesaid to the Jurors aforesaid shewed in evidence fully appeacheth And farther the Jurors aforesaid say upon their oath aforesaid that the said William Pelham in the Indenture aforesaid named and the said William Pelham against whom the said Nicholas Parker and Simon Patrick sued forth the writ of Right aforesaid is one and the same person and not another nor diverse And that the said Thomas Bowes Son and heir of the said Martin Bowes Knight and the said Thomas Bowes in the recovery aforesaid specified whom the said William Pelham vouched thereto warranty and the said Thomas Bowes above named is one and the same person and not another nor divers By colour whereof the said Nicholas and Simon afterwards and before the 8 th day of May in the year of the raign of the said Lady the Queen that now is the 14 th that is to say the first day of May in the 14 th year aforesaid in the Messuage aforesaid with the appurtenances amongst other things entred and were thereof amongst other things seised And farther the said Jurors say upon their oath aforesaid that the recovery aforesaid of the aforesaid Messuage with the appurtenances amongst other things in form aforesaid had was had with the assent and agreement of the said Nicholas and Simon William Pelham Thomas Bowes Son of the aforesaid Martin Bowes Knight and Richard Horsted and without any just title of the said Nicholas and Simon to the use of the said William Pelham his heirs and assigns for the farther his assurance of and in the aforesaid Messuage with the appurtenances amongst other things according to the form and effect of the Covenants and agreements of the said indenture of bargain and sale specified by the said Thomas Bowes Son of the said Martin Bowes Knight to the said William Pelham as before is said made by colour of which recovery as also by force of the aforesaid Act of Parliament of transferring of uses into possession the said William Pelham was seised of the aforesaid Messuage with the appurtenances amongst other things as the Law requireth and that afterwards that is to say the first day of December in the year of the raign of the said Lady the Queen that now is the 16 th the said Martin Bowes Son of the said Thomas Bowes Son of the said Martin Bowes Knight then being within the age of 21 years that is to say of 17 years dyed without issue of his Body Lawfully begotten And that the aforesaid William Pelham of the said Messuage with the appurtenances amongst other things as before is said recovered in form aforesaid being seised before the aforesaid time in which c. that is to say the 10 th day of September in the year of the Raign of the said Lady the Queen that now is the 27 th demysed the said Messuage with the appurtenances in the declaration aforesaid above specified to the aforesaid Edward Griffin to have to him and his assigns from the feast of Saint Michael the Archangel then next ensuing until the end and Term of 21 years then next following By virtue of which demyse the said Edward Griffin was of the said Messuage with the appurtenances possessed and that afterwards that is to say the 10 th day of January in the year of the said Lady the Queen that now is the 29th the aforesaid Thomas Bowes Son of the said Thomas Bowes Son and heir of the said Martin Bowes Knight into the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified upon the possession of the said Edward Griffin thereof entred and then and there demysed granted and to farm let to the said Henry Page the said Messuage with the appurtenances to have to him his executors and assignes from the within written feast of the birth of our Lord then last past unto the end and Term of the within written Six years and that the said Edward Griffin afterwards that is to say the within written 11th day of January in the 29th year abovesaid into the Messuage aforesaid with the appurtenances upon the possession of the said Henry Page thereof did reenter and the said Henry from the possession of the Messuage aforesaid did expel and amove and that the said Thomas Bowes Son of the said Martin Bowes Knight and Father of the said Thomas Bowes Master of Arts yet living and being in full life that is to say at London in the Parish and Ward aforesaid But whether upon the whole matter aforesaid in form aforesaid found the entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight into the messuage aforesaid with the
with the appurtenances in the declaration aforesaid above specified at the time of the said recovery in the aforesaid Court of Hustings in the Guild Hall of London in form aforesaid had for which cause the entry of the said Thomas Bowes Master of Arts into the Messuage aforesaid with the appurtenances in the said Declaration aforesaid specified was not lawfull Item in this also it is Erred for that the aforesaid recovery was had in the said Court of Hustings before the 8th day of May in the yeare of the Reign of the Lady the Queen that now is the 14th and that the said Thomas Bowes who before was Tenant for Term of life was vouched in the said Court by the aforesaid William Pelham in the said Recovery named to warrant the Messuage aforesaid with the appurtenances amongst other things which Thomas afterwards by Summons by his Attorny appeared in Court and freely the Messuage aforesaid to the said William did warrant and farther vouched to warrant the aforesaid Richard Horsted who present in the same Court the Messuage aforesaid with the appurtenances farther warranted and afterwards made default by which Judgement against the said William Pelham in the said Recovery was given and execution thereof in the form aforesaid was had so as the said Thomas Bowes Master of Arts of the remainder without any demand in the Messuages aforesaid with the appurtenances to have stood utterly excluded and for that cause the aforesaid entry of the aforesaid Thomas Bowes Master of Arts into the said Messuage with the appurtenances after the said Recovery in form aforesaid had and executed was unlawfull 1. Item in this also it is erred because it was found that before any entry of the said Thmas Bowes Master of Arts the Judgement aforesaid was fully and in due manner executed after which Execution so had although the said Thomas Bowes Master of Arts before the Execution aforesaid had had title of Entry Yet the said Thomas by the Law of the Land into the Messuage aforesaid after the Eexcution aforesaid so had could not enter Item in this further it is erred because it is found by the Jurors aforesaid That the said Thomas Bowes the Father c. who was Tenant for Term of his life of the Messuage aforesaid with the Appurtenances is yet living and is in full life And so the aforesaid Entry of the said Thomas Bowes Master of Arts in the Messuage aforesaid with the Appurtenances in form aforesaid during the life of the said Tho. Bowes his Father made ought not to be adjudged lawful And for these causes the Judgement aforesaid for â—he said Henry Page against the said Edward Griffin and all thereupon depending upon the Bill aforesaid against the said Edward in form aforesaid spoken and exibited is not sufficient in Law and he prayeth That the said Judgement aforesaid for the Errors aforesaid and others in the Record and processe aforesaid being be revised annulled and utterly holden for none and that he unto all which by the occasion of the Judgement aforesaid given he lost he be restored And further the said Edward Griffin the Writ of the Queen to warn the said Henry Page that he should be before the said Chancellor and Treasurer in the Court aforesaid at Westminster to hear the Record and processe aforesaid and also the Errors aforesaid and further to do and receive what should be just in the premises c. And it was granted to him retornable upoÌ„ Tuesday the 28 th day of Octo. next following c. At which day before the aforesaid Chancellor and Treasurer in the Court aforesaid at Westminster came the said Henry Page by his Attorny aforesaid And the Sheriffs of London that is to say Richard Gourney and Stephen Soame now sent by Thomas Bickliff and Humphry Walsingham good and lawfull Men of their Baliwick That they did warn the said Henry Page that he should be before the Chancellor and Treasurer aforesaid in the aforesaid Chamber at the day and place aforesaid to do and receive as the said Writ commanded and required And thereupon the said Edward by John Hawkesworth his Attorny came likewise and demanded the hearing of the Record and Processe as also of the Errors aforesaid And they are read unto him c. which being read and heard The said Henry Page said That in the Record and Processe aforesaid made in the giving of the Judgement aforesaid it is in nothing erred and prayed that the Court here proceed as well to the Examination of the Record and the Processe aforesaid as the causes aforesaid for Errors alleged And that the Judgement aforesaid in all things might be affirmed And because the aforesaid Chancellor and Treasurer would advise of and upon the premises before they give their Judgement day is given to the parties aforesaid here that is to say in the Chamber aforesaid until Tuseday the 11 th day of November next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid before the aforesaid Chancellor or Treasurer in the Chamber aforesaid untill Tuseday the 18th day of November then next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid untill Tuesday the 25 th day of November following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid and because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the Premises further day is given to the parties aforesaid here before the aforesaid Chancellor and Treasurer in the Chamber aforesaid untill Tuesday the 27 th day of January next following to hear their Judgement thereof c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster aforesaid come as well the said Henry Page by John Hawkesworth his Attorny aforesaid as the aforesaid Edward Griffin by Rich. Hatton his Attorny aforesaid and thereupon the said Henry sayd That the said Edward his Writ aforesaid for correcting of Errors against the said Henry in this case further to prosecute or maintain ought not because he saith That after the last continuance of the Plea aforesaid that is to say after the aforesaid Tuesday that is to say the 25 th day of November from which day the Plea aforesaid was last continued untill this day that is to say
the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
Thomas Elderker by the name of Elizabeth Elderker Widow late Wife of VVilliam Elderker Gent. deceased Ralph Elderker VVilliam Elderker and Thomas Elderker Sons of the Body of the first named VVilliam and Elizabeth lawfully begotten of the other part which part with the Seal of the said Nicholas sealed to the Jurors aforesaid here was shewed in Evidence gave granted and to Farm had letten to the said Elizabeth Elderker the Rectory and glebe Lands of the Church aforesaid To have and to hold the said Rectory and glebe Lands with all Fruits Oblations Obversions Tithes Rights with the Appurtenances and Commodities whatsoever to the said Rectory in any manner belonging or appertaining to the said Elizabeth from the aforesaid second day of March in the second year aforesaid untill the end and during the Term of 80. years from thence and immediately following the date of the said Indenture if the aforesaid Elizabeth should so long live and should not allien grant or give the said Demise or Term And if it should happen the aforesaid Elizabeth within the said Term of 80. years to dye or to alien give or grant the Premises That then the Estate of the said Elizabeth should cease And then the said Nicholas by his Indenture aforesaid gave granted and demised all and singular the premises for so many years as then should remain unexpired after the death of the said Elizabeth or the alienation of the said Elzabeth to the aforesaid Ralph for and during the residue of the said Term of the said 80. years if he should so long live without making any alienation grant or gift of the said Term And if it should happen he to dye or to alien the premises within the Term aforesaid that then his Estate should cease And then the said Nicholas by his Indenture aforesaid gave and granted all and singular the premises to the aforesaid VVil. for and during so many years of the said Term of 80. that then should remain if he should live so long and should not alien the said Term and if it should happen the said VVilliam to dye or to alien the Premises within the aforesaid Term that then his Estate should cease And then the said Nicholas by his Indenture aforesaid gave and granted all and singular the premises for and during so many years of the aforesaid 80. years as then should continue and remain unexpired to the aforesaid Thomas his Executors and Assignes as by the said Indenture shewed to the Jurors aforesaid in Evidence amongst other things it more plainly appeareth And further the Jurors aforesaid upon their Oath aforesad say That the aforesaid Lord Edward late King of England afterwards and before the time in which c. That is to say the 12th day of September in the 3d. year of his Reign the aforesaid Nicholas then being Rector of the Câ—urch aforesaid by his Leters Patents under his great Seal of England and in due manner made bearing date at Westminster the said 12th day of September in the 3d. year of his Reign aforesaid the aforesaid Lord the King then being true Patron of the said Rectory Seeing Reading and Examining the Indenture aforesaid of his speciall Grace certain Knowledge and meer mention as also with the Advice and Consent of the Beloved Uncle of the aforesaid Lord the King the Duke of Somerset Governour of the person of the King and Protector of the Kingdoms Dominions and Subjects of the said King and of other of the Council of the said King before and especially in Consideration of the most excellent present service then to the King in his Warrs then and sole in the beating back of the Scots which then late happened at Naseborough in which War the aforesaid William Elderker of fore-thought Malice was slain the said Indenture and all in the same specified and all the Right Title and Interest of the same Elizabeth Elderker Ralph Elderker William Elderker and Thomas Elderker in the said Rectory Gleable Lands Fruits and other things in the same Indenture expressed with the Appurtenances To have and to hold the said Rectory to the said Elizabeth Ralph William and Thomas and their Assignes had confirmed and ratified and in all things as much as in him was had approved for him and his Successors And further the Jurors aforesaid say upon their Oath aforesaid that afterwards that is to say the 21 day of January in the Reign of the said Lord Edward the 3d. aforesaid the said Nicholas being then Rector of the Church aforesaid One Henry by Divine Providence Bishop of Lincolne and of the Rectory and Church aforesaid of Chedington aforesaid Ordinary the Demyse or Grant aforesaid by the said Nicholâ—â— as before is said made all singular in the same contained for him and his Successors confirmed ratified as much as in him was approved To have hold and enjoy to the aforesaid Eliz. Ralph Wil. Elderker Th. Elderker during the Term aforesaid as by the said several Confirmations in due manner made and to the Jurors aforesaid shewed more fully appeared By colour of which Demyse and several Confirmations aforesaid in form aforesaid made the aforesaid Elizabeth Elderker into the Rectory aforesaid and the Glebe Lands aforesaid with the Appurtenances did enter and was thereof possessed And she thereof being so possessed The said Nicholas Fitz-williams afterwards and before the time in which c. that is to say the 10 th day of January in the year of the Reign of the Lady Mary late Queen of England the first at Chedington aforesaid then being Rector of the Parish Church of Chedington aforesaid dyed And the Jurors aforesaid say upon their Oath aforesaid that the said Thomas Elderker afterwards that is to say the 10 th day of June in the yeer of the Reign of the said Lady Elizabeth now Queen of England the 16 th at Greenwich in the County of Kent dyed intestate the said Elizabeth of the Rectory aforesaid and of the Glebe Lands aforesaid with the Appurtenances in form aforesaid being possessed And the said Elizabeth being thereof so possessed the aforesaid VVilliam Elderker afterwards that is to say the 8 th day of July in the year of the Reign of the said Lady the Queen that now is the 17 th likewise dyed And the aforesaid Elizabeth Elderker so of the Rectory and Glebe Lands aforesaid possessed as is said afterwards That is to say The 20 th day of July in the yeer of the Reign of the said Lady the Queen that now is the 17 th aforesaid at Chedington aforesaid the said Eliz. Elderker likewise dyed and the said Ralph Elderker did over-live her and into the Rectory aforesaid and the Glebe Lands aforesaid with the Appurtenances By virtue of the Demyse aforesaid likewise entred and was thereof possessed and so being thereof possessed the said Ralph Elderker afterwards that is to say the 10th day of May in the yeer of the Reign of the said Lady the Queen that now is the 18
Agmondesham afterwards that is to say the 17th day of February in the 36th year aforesaid at Chedington aforesaid demised granted and to Farm let the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances to one Michael Weston To have and to hold unto the said Michael and his assigns from and immediately after the end expiration and determination of the said demise to the said Thomas Tasburgs by the aforesaid John Agmondesham as is said made until the end and Term of 21 years from thence next following fully to be compleated if the said Michael Weston and one Margaret Bromley or any of them should so long live By virtue of which demise the said Michael Weston afterwards and before the time in which c. that is to say the 26 day of March in the year of our Lord 1595 at Chedington aforesaid into the Rectory aforesaid and glebe Lands aforesaid with the appurtenances entred and was thereof possessed and so being thereof possessed the said Michael afterwards and before the time in which c. that is to say the 22 day of May in the year of the Reign of the Queen that now is the 37 at Chedington aforesaid by his Indenture with the seal of the said Michael sealed and to the Jurors aforesaid in evidence shewed Granted and assigned all his Interest Estate Term of years and demand then to come and unexpited of and in the Rectorie aforesaid and gleabe Lands aforesaid with the appurtenances to the said William Wilkinson now defendant By virtue of which grant the said William into the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances entred and was thereof possessed and the said William so being possessed the said David Roberts Clerk afterwards and before the time in which c. that is to say the 11 day of January in the Reign of the said Lady the Queen that now is the 38th to the Rectory of Chedington aforesaid was lawfully presented admitted instituted and Inducted By virtue of which the said David Roberts into the Rectory aforesaid with the Appurtenances entred was thereof possessed in his Demesn as of Fee in the right of his Church of Chedington aforesaid And so being seized afterwards before the time in which c. that is to say the 26th day of March in the yeer of the Reign of the said Lady the Queen that now is the 38th aforesaid by Indenture in the Declaration aforesaid specified Demised the Rectory aforesaid with the Appurtenances in the Declaration likewise mentioned to the aforesaid David Loyd To have and to hold to the aforesaid David Loyd from the day of the date of the same Indenture unto the end and Term of three yeers then next following and fully to be compleat and ended By virtue of which Demise the said Dav. Loyd afterwards that is to say the 27th day of March in the yeer of the said Lady the Queen that now is the 38th into the Rectory aforesaid with the Appurtenances entred and was thereof possessed untill the said William Wilkinson afterwards that is to say the said 10th day of April in the 38th yeer aforesaid into the Rectory aforesaid with the Appurtenances upon the possession of the said David thereof entred and him the said David from thence his Term aforesaid not yet ended did eject expell andamove as the said David Loyd above against him complaineth And further the Jurors aforesaid say upon their Oath aforesaid That as well the said David Roberts as the said Michael Weston are yet alive and in full life that is to say at Chedington aforesaid But whether upon the whole matter aforesaid in form aforesaid found the re-entry of the said VVilliam VVilkinson into the Rectory aforesaid with the Appurtenances in the Declaration aforesaid above specified upon the possion of the said David Loyd thereof in manner aforesaid made be or in Law ought to be adjudged a good and lawfull re-entry in Law or not the Jurors aforesaid are utterly ignorant Whereupon they pray thereof the advice and discretion of the Court of the said Lady the Queen that now is before the said Lady the Queen her self being And if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Court of the said Lady the Queen That the aforesaid re-entry of the aforesaid VVil. VVilkinson into the said Rectory aforesaid with the appurtenances in which c. upon the possession of the said David Loyd be not a good lawful re-entry in Law then the Jurors aforesaid say upon their oath aforesaid That the aforesaid VVilliam VVilkinson the said David Loyd from his Farm aforesaid of the Rectory aforesaid with the appurtenances in which c. unjustly did eject And that the Ejectment aforesaid the Trespass in the Declaration aforesaid specified as unto the Rectory aforesaid with the appurtenances the said VVil. VVilkinson is guilty in manner and form as the said David Loyd above declaring hath alleged And then they assesse the damages of the said David by the occasiō of the Ejectment and Trespass in the Rectory aforesaid with the appurtenances besides his charges and costs by him in the Sute aforesaid in this behalf expended to 3. shillings and 4. pence and for his costs and charges to 12. pence And if upon the whole matter aforesaid It shall seem to the said Court of the said Lady the Queen here that the said entry of the said VVilliam VVilkinson into the Rectory aforesaid with the appurtenances upon the possession of the said David thereof in the from aforesaid made be a good and lawful re-entry in Law Then the aforesaid Jurors say upon their Oath aforesaid That the said VVilliam VVilkinson is not guilty of the Trespasse and Ejectment of the Farm aforesaid as to the Rectory aforesaid with the appurtenances as the aforesaid VVilliam VVilkinson above in pleading hath alleged And because the Court of the said Lady the Queen that now is here of their Judgement of and upon the premises to be given are not yet avised day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof c. because the Court of the said Lady the Queen here are not yet c. At which day before the said Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgemen thereof c. because the Court of the said Lady the Queen here thereof yet c. At which day before the said Lady the Queen at VVestminst come the parties aforesaid by their Attornies aforesaid And because the Court o◠the said Lady
the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Monday next after 8. dayes of St. Hillary to hear their Judgement because the Court of the said Lady the Queen that now is here thereof are not yet c. At which day before the said Lady the Queen at VVestminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill VVednesday next after 15. dayes of Easter to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not as yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen that now is thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because this Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgement because the Court of the said Lady the Queen here thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid Upon which seen and by the Court of the said Lady the Queen that now is here diligently looked into and fully understood all and singular the premises and mature deliberation being thereupon had Because it seemeth to the Court of the said Lady the Queen now is here That the aforesaid re-entry of the aforesaid VVilliam VVilkinson into the said Rectory with the Appurtenances in which c. upon the possession of the said David Loyd is not good and a lawful re-entry in Law It is granted that the said David Loyd shall recover against the said VVilliam VVilkinson his Term aforesaid of and in the Rectory aforesaid with the appurtenances yet to come And his damages by the Jurors in form aforesaid assessed And that the said VVilliam VVilkinson be taken c. And likewise the said David in mercy to the residue of the Trespass and Ejectment aforesaid whereof the said VVilliam VVikinson in form aforesaid stands acquitted And the said VVilliam VVilkinson thereof be acquitted c. Michelmas Term 41. 43. Elizabeth Rott 144. in the KINGS BENCH Bingams Case C. 2. part fol. 82. MEmorandum That at another time that is to say Easter Term last Dors ss past before the Lady the Queen at VVestminster came George Stroud Esquire by Simon Spatchard his Attorny And brought here in Court of the said Lady the Queen his Bill against Ralph Horsey Knight Richard Veal and Edward Goor Gent. in the Custody of the Marshall c. of a Plea of Trespasse and Ejectment of him out his Farm And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Dorset George Stroud Esquire complaineth of Ralph Horsey Kt. Rich. Veal and Edw. Goor For that That is to say That whereas one VVilliam Albert the 7th day of April in the year of the Reign of the Lady the Queen that now is 41. at Melcum in the County aforesaid had demised granted and to Farm letten to the aforesaid George one messuage 120. acres of Lands 40 Acres of Meadow 200. Acres of Pasture and 100. Acres of Furze and Heath with the Appurtenances in Melcum aforesaid in the County aforesaid To have and to hold the Tenements aforesaid with the Appurtenances unto the said George and his Assigns from the Feast of the ANNVNCIATION of the blessed Lady the Virgin MARY then last past untill the end and Term of 6. years and a half of a year from thence next insuing fully to be compleat and ended By virtue of which demise the said George into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Ralph Horsey Richard Veal and Edward Goor after that is to say the 11th day of April in the 41 year aforesaid with force and arms c into the Tenements aforesaid with the appurtenances upon the possession of the said George thereof did enter and the said George from his Farm aforesaid thereof his term aforesaid not being ended did eject expel and amove and the said George from his possessiion thereof did hold out and do yet hold out and other harms did unto him against the peace of the said Lady the Queen to his damage of 100 pound and thereof he bringeth sute c. And now at this day that is to say Tuseday next after 8 dayes of Saint Michael this Term untill which day the aforesaid Ralph Horsey Richard Veal and Edward Goor had Licence to imparl to the said Bill and then to Answer c. before the Lady the Queen at Westminster come aswell the said George Stroud by his Attorney aforesaid as the aforesaid Ralph Horsey Richard Veal and Edward Goor by James Hyde their Attorny and the said Ralph Richard and Edward defend the force and injury when c. and say that they are not thereof guilty and upon that put themselves upon the County and the aforesaid George Stroud likewise c. Therefore a Jury thereof before the said Lady the Queen at Westminster upon wednesday next after 8 days of Saint Hillary and who neither c. to know c. Because aswell c. The same day is given to the parties here c. ss Afterwards process continued between the parties aforesaid of the plea aforesaid by Juries put between the parties aforesaid in respit before the said Lady the Queen at Westminster until wednesday next after 18 dayes of Easter unless first the Justices of the Lady the Queen to take assises in the County first upon Monday the 3 weak of Lent at Dorchester in the County aforesaid by the form of the statute c. come for default of Jurors c. At which Wednesday before the Lady the Queen at Westminster came the parties aforesaid by their Attornies aforesaid And the aforesaid Justices of Assise before whom c. sent thither their Record before them had in these words ss Afterwards the day and place
the Queen that the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the said Richard Hynde be or in Law ought to be adjudged a good and Lawfull re-entry then the Jurors aforesaid say upon their Oath that the said William Ambry is not guilty of the Trespass and Ejectment of the farm aforesaid as he before for himself hath alleged And because the Court of the Lady the Queen here of giving their Judgement further of and upon the premises is not yet avised day thereof is given to the parties aforesaid in the state that now it is before the Lady the Queen at Westminster untill thursday next after 8 dayes of Saint Hillary to heare their Judgement thereof because the Court of the Lady the Queen here thereof not yet have avised c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in the state it now is before the Lady the Queen at Westminster until wednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. And so from Term to Term until the plaint aforesaid was farther adjroned by another writ of the said Lady the Queen of Common adjournment before the Queen until the morrow of All Souls at the Castle of Hartford in the County of Hartford at which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attorneys aforesaid and because the Court of the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is farther given to the parties aforesaid in state as it is now before the Lady the Queen at the Castle of Hartford until Tuesday next after 3 dayes of Saint Hillary to hear their Judgement c. because c. Before which day the plaint aforesaid was adjorned by a writ of the Lady the Queen of common adjornement before the said Lady the Queen untill 8 dayes of Saint Hillary at Westminster at which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid and because the Court of the Lady the Queen here of giving their Judgment of and upon the premises is not yet avised Day is further given to the parties aforesaid in state as now before the Lady the Queen at VVestminster untill VVednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attorneys aforesaid Upon which seen by the Court of the Lady the Queen here and the premises diligently looked into and thereof mature deliberation being thereof had Because it seemeth to the Court of the said Lady the Queen here that the entrie of the aforesaid VVilliliam Ambry above specified into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the aforesaid Richard Hynde was a good and lawfull re-entry therefore It is granted that the aforesaid Richard Hynde take nothing by his Bill aforesaid but that he for his false clamour be taken c. and the aforesaid VVilliam Ambry be thereof without damage c. Ejectione Firme Hillary Terme 36. Eliz. Rott 440. in the Kings Bench. Sir George Browns Case C. 3. part fo 45. WIlliam Spencer late of Swindon in the County aforesaid Yeoman and Thomas Spencer late of Swindon in the County aforesaid Yeoman were attached to answer to James Linche of a plea wherefore with force and armes one Messuage one Barn 80 Acres of Land 80 Acres of Meadow and 80 Acres of Pasture with the appurtenances in Swindon which George Brown Knight to the aforesaid James demised for a Term which is not yet ended they entred and him from his Farm aforesaid did eject and other harms did unto him to the grievous damage of the said James and against the peace of the Lady the Queen that now is c. and whereupon the said James by Thomas Cooper his Attourny Complaineth That whereas the aforesaid George Brown the 22 th day of October in the year of the Reign of the Queen that now is the 35 th at Swindon aforesaid had demised to the said James the Tenements aforesaid with the appurtenances to have and to hold the same Tenements with the appurtenances to the said James and his assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 4 years from thence next ensuing and fully to be compleated By virtue of which demise the said James into the Tenements aforesaid with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid William and Thomas afterwards that is to say the 22 th day of October aforesaid in the 35 th year aforesaid with force and armes c. the Tenements aforesaid with the appurtenances which the said George Brown to the said James in form aforesaid demised for the term aforesaid which is not yet ended entred and him the said James from his Farm aforesaid held out and other harms c. To the grievous damage c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound and thereof bringeth sute c. And the aforesaid William and Thomas by John Paxton their Attorney come and defend the force and injury when c. And say that they in nothing are guilty of the Trespass and Ejectment aforesaid as the aforesaid James above against them complaineth and of this put themselves upon the Country and the aforesaid James likewise c. Therefore it is commanded to the Sheriff that he have here in 8 dayes of the Purification of the blessed Lady 12 good and Lawfull men c. by whom the truth c. and who neither c. Because aswell c. afterward the process between the parties aforesaid was continued of the plea aforesaid by Jurors put between them put in respite here until this day that is to say in 8 dayes of Saint Michael in the year of the Reign of the Lady the Queen that now is the 37 th Unless the Justices of the Lady the Queen for Assises in the County aforesaid to be taken assigned by the form of the statute upon Thursday the 17 day of July last past at New Sarad in the County aforesaid first came And now here at this day come as well the aforesaid James Linche as the aforesaid William Spencer and Thomas Spencer by their Attorneys aforesaid and the aforesaid Justices of Assise before whom c. sent here their Record in these words Afterwards the day and place within contained before Thomas Walmesley one
is the 35 th at Lugershall aforesaid dyed After whose death the said George Brown into the Tenements within written with the appurtenances in which c. upon the possession of the said Edmond Bridges William and Anthony Bridges Sons of the said Edmond thereof entred and was thereof seised as the Law requireth and so being thereof seised afterwards and before the aforesaid time in which c. that is to say the within written 22 th day of October in the 35 year aforesaid Demised to the said James the said whole Tenements within written with the appurenances in which c. To have and to hold to the said James and his assignes from the within written Feast of Saint Michael the Archangel until the end and Term within mentioned of 4 years from thence next ensuing and fully to be compleated by virtue of which demise the said James into the said Tenements within written with the appurtenances entred and was thereof possessed as the Law requireth upon whose possession of the said James the aforesaid Thomas Spencer as servant of the said Edmond Bridges and by his Commandment within written the time in which c. into the said Messuage and 26 Acres of Land entred and the said James from his Farm aforesaid thereof did eject But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found the entry of the said Thomas Spencer into the aforesaid Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not the said Jurors are altogether Ignorant and Pray thereof the advise and discretion of the Justices here c. And if upon the whole aforesaid matter It shall seem to the Justices and Court here that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law then the said Jurors say upon their Oath that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid in the aforesaid Messuage and 26 Acres of Land as the aforesaid Iames against him within complaineth and then they assess the damages of the said Iames by the occasion of the said Trespass and Ejectment above his charges and costs by him about his sute in his behalf expended to 4 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid It shall seem to the Justices and Court here that the aforesaid entrie of the said Thomas Spencer upon the possession of the said Iames be a good and Lawfull entrie in Law then the said Jurors say upon their Oath that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid in the said Messuage within alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgment thereof day is given to the parties aforesaid here until in 8 dayes of Saint Hillary to hear their Judgement thereof because that the said Justices here thereof are not yet c. at which day come as well the aforesaid Iames as the aforesaid William and Thomas by their Attornies aforesaid and because the Justices here will further advise themselves of and upon the premises before they give their Judgement thereof day farther is given to the parties aforesaid here until from Easter in 15 dayes for to hear their Judgement therof because the said Justices here are not thereof yet c. At which day here come aswell the said Iames by George Dancombe his Attorny as the said William and Thomas by their Attorny aforesaid and because the Justices here will farther avise of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here until the morrow of Holy Trinity to hear their Judgment thereof because the said Justices here thereof not yet c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his Attorny as the said Willam and Thomas by their Attorny aforesaid and because the Justices here will avise of and upon the premises before they give their Judgement thereof further day is given to the parties here until in 8 dayes of St. Michael to hear their Judgment thereof because the said Justices here thereof are not yet At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny as the aforesaid William Spencer and Thomas Spencer by their Attorny And upon this the verdict aforesaid being seen and by the Justices here fully understood it seemeth to the Justices here that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Messuage and 26 Acres of Land upon the possession of the said Iames Linch is not a good and Lawfull entry in Law Therefore It is granted that the aforesaid Iohn Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and his damages aforesaid to 16 pence by the Jurors aforesaid in form aforesaid assessed As also 26 pound 9 shillings to the said Iames at his request for his charges and costs aforesaid by the Court here of increase adjudged which damages in the whole do amount to 26 pound 10 shillings and 4 pence and the aforesaid Thomas be taken c. And also the said Iames in mercy for his false clamor against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid thereof the said William and Thomas and the Jurors aforesaid above be acquitted therefore the said William and Thomas go thereof without day c. and hereupon the said Iames prayeth the writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him possession of his Term yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes c. Afterwards that is to say the 26 th day of November in the year of the Reign of the said Lady the Queen that now is the 40 th come here into Court the aforesaid Iames by the aforesaid George his Attorny and by a special warrant to him in that behalf made confessed himself to be satisfied of the damages aforesaid therefore the aforesaid Thomas of the said damages be acquitted c. Ejectione Firme Hillary Term 40. Elizabeth Rott 748. in the KINGS BENCH Adams and Lamberts Case C. 4. part fo 96. Buck MEmorandum That at another time That is to say in Michaelmass Term last past before the Lady the Queen at Westminster came Theophilus Adams Gentleman by Iohn Povey his Attorny and brought here in the Court of the said Lady the Queen then there his bill
as before is said shall happen that from thence it shall be well Lawfull to the aforesaid William Purfrey and his heirs aforesaid into all the Tenements aforesaid Rents and Services with the reversions and all their appurtenances to enter as in his Remainder aforesaid and the same to hold without any contradiction and that from thence the estate of the said John Somerton and his Heirs aforesaid in all the Tenements aforesaid altogether to cease and be of no value And if it happen the said William Purfrey and his Heirs aforesaid in fulfilling all and singular the charges aforesaid to make default or the same not to repair or all the aforesaid Tenements not sufficiently to uphold and repair or the same to alien or demise as above is said or they be negligent to enter if cause as before is said shall happen That then the state of the said William Purfrey and his Heirs altogether cease and be of no value And that from thence It be lawful to the said Master of the House of the Holy Martyr of Acon London and his Brethren of the same House and their Successors into all the aforesaid Tenements Rents and Services with the Reversions and all their appurtenances to enter and in the Remainder of their Term aforesaid To be holden in form aforesaid And if it shall happen the said Master and Brethren of the House of St. Thomas aforesaid or their Successors aforesaid in doing and fulfilling all and singular the charges above specified to make default or the same not to fulfil Or all the Tenements aforesaid as above is said not sufficiently to uphold and repair or they be negligent to enter if cause shall happens as before is said That from thence It shall be lawful to the Master of the Hospital of St. Bartholmew aforesaid and the Brethren of the said Hospital and their Successors into all the aforesaid Tenements Rents and Services with the Reversions and all their appurtenances to enter as in the Remainder of their Term aforesaid and that then the estate of the said Master of the House of St. Thomas aforesaid to cease And if it happen the said Master and Brethren of the Hospital of St. Bartholmew aforesaid in doing and fulfilling all and singular the charges above declared to make default or the same not to perform or all the Tenements aforesaid not sufficiently to uphold or repair That then it shall be lawful to my right Heirs unto all the aforesaid Tenements Rents and Services with the Reversions and all and singular their appurtenances to enter and the same to hold without any contradiction whatsoever for ever supporting all the charges aforesaid as above is said as they will for me and them before the most high Judge Answer And because this my last Will was made and ordained for the good of the Souls of my Father and Mother and of my own Soul and the Souls of my Brothers and Sisters Friends and Benefactors I pray and charge the said John my Brother as for me and himself he will answer it that all his life time he oversee the government of the Chauntry aforesaid land that the charges aforesaid in this my last Will and Testament declared be inviolably fulfilled and kept And that he give notice to all those who in manner aforesaid shall have any estate in the said Tenements Rents and Services with the Reversions and all their appurtenances that they know the Tenor of this my last Will and Testament And I will that my Feoffees of the Tenements with the appurtenances which my poor men now dwell in because the same is not dividable that they make such estate after my death to all those above named as they have of my bequest of and in Tenements in Buckingham aforesaid to the use of the said Poor their dwelling upholding the Reparations of the said Tenement of the aforesaid Pâ—or as often as need shall require And because I doubt lest the Tenements aforesaid be sufficient to uphold all the abovesaid charges by reason of the great charge of repairing thereof I will that my Feoffees presently after my death make such estate to all those above named of all those my Lands and Tenements in the Towns of Barton Moreton Gravecase with the Prebend of Lemburgh Thornborough Hillesden Waterstratford Shatdeston and Foycale in the County of Buckingham And of all those Lands with the Appurtenances in the Fields of Buckingham As also of my Lands and Tenements in Worton in the County of Oxford and of my one Tenement in the Town of Oxford in which the Feoffees shall have as they have of my gift of and in the Tenements of Buckingham aforesaid so as they may sufficiently uphold all the charges aforesaid and receive and take what is reasonable for their labour and pains Item I will that my Executors or one of them according to their Assignment upon the Good-fryday next after my death cause him who shall preach at the Cross in the Church-yard of the Cathedral Church of St. Paul London to the prayers there of the people recommend my Soul to the Congregation there assembled For which recommendation and that he pray for my Soul I will that the Preacher have 40. pence Item I will that the Three Preachers who in the Church-yard of the New Hospital of the blessed Lady without Bishops gate London in the 3. dayes in the Week of Easter next after my death shall preach recommend my Soul to the Prayers of the faithful People there assembled and that every one of the said Three Preachers for the same recommendation of my Soul and that they pray for my Soul have 40. pence And I will that my Executors during one whole year next after my decease every Lords-day cause the Preacher at the Cross in the Church-yard of the Cathedral Church of St. Paul aforesaid Preaching specially recommend my Soul to the prayers of the people there assembled for which Recommendation every of the said Preachers have 4. pence Item I give to Mr. Robert Forset my Chaplain of London 10. pound That the said Robert specially celebrate for my Soul and pray for it for 8. years next following my decease taking yearly for his sallary 100. shillings if he so long live And if he shall dye within the said Term of 8. years that then the said Robert make the residue which thereof shall remain to be distributed unto pious uses for my Soul and the Soul of the said Robert Item I give to Margaret my Sister 100. shillings and a silver Cup with a cover belonging to it Item I give to Isabel my Sister 100. shillings and a silver Cup with a cover belonging to it that the said Margaret and Isabel pray for my Soul And to this Testament containing my last Will well and truly and faithfully to be performed and inviolably to be fulfilled I ordain and appoint my Executors John Barton my Brother and Alexander Sprot Citizen and Cloath worker of London and the said Robert
Forset my Chaplain Overseers of this my present Testament I ordain and appoint John Wakering Master of the Hospital of St. Bartholomew aforesaid To which my Executors and Overseer above named I give the rest of all and singular my Goods and Chattels which shall remain by me not distributed disposed nor bequeathed in this last Will faithfully and speedily to be distributed for my Soul Willing That the said Executors and Overseer according to their discretions and Consciences take of my goods what is reasonable for their pains And that my present Testament and last Will before written be as speedily as conveniently it may be by my Executors performed and executed as in the fearful day of the last Judgement for me and them before the most High Judge who is ignorant of nothing they will answer In witnesse whereof to this my present Testament indented containing my last Will I have set my Seal Dated the day year aforesaid And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid William Bramptou of the said Messuage and 6. Acres of Pasture parcel c. amongst other c. as is before said so being seised The said John Barton the Elder afterwards at Buck aforesaid dyed After the death of the said John Barton the Elder the aforesaid William Brampton was seised of the Messuage aforesaid and 6. Acres of Lands aforesaid parcel c. in his Demesn as of Fee To the several uses and intents in the aforesaid last Will of the aforesaid John Barton the Testator above expressed And that the said Iohn Barton the younger after the death of the said Iohn Barton the Testator into the aforesaid Messuage and 6. Acres of Pasture with the Appurtenances parcel c. entred and the Rents and profits thereof yearly after the death of the said Iohn Barton the Testator arising for and during the life of him the said Iohn the younger took and had and the same to the uses intents and appointments in the said Testament and last Will thereof limitted and appointed during the life of the said Iohn the younger did convert apply and pay And afterwards and before the time in which c. The said Iohn Barton the younger at Buck aforesaid dyed After whose death of the said Iohn Barton the younger the aforesaid William Brampton was seised of the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee unto the uses and intents in the aforesaid last Will of the said Iohn Barton the Testator before expressed to be performed And that the said Margaret and Isabel after the death of the said John Barton the younger into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the death of the said John Barton the younger arising for and during the lives of the said Margaret and Isabel and the longer liver of them took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Testator declared limitted and appointed during the lives of the said Margaret and Isabel applyed converted and payed and the longest liver of them did apply convert and pay And afterwards and before the time in which c. The aforesaid Margaret and Isabel at Buckingam aforesaid dyed After the deaths of which Margaret and Isabel The said William Brampton was seised in his Demesn as of Fee of and in the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the Appurtenances to the uses and intents in the aforesaid last Will of the aforesaid John Brampton the Elder the Testator expressed to be fulfilled And that the said William Fowler in the Testament aforesaid named had issue of his body lawfully begotten one Richard Fowler and the said William Fowler after the deaths of the said Margaret and Isabel into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the deaths of the said Margaret and Isabel arising for and during the life of the said William Fowler took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed during the life of the said William Fowler applyed converted and payed And afterwards the 6 th day of July in the yeer of the Reign of King Henry the 6 th the 30 th The said William Fowler at Buckingham aforesaid dyed after whose death of the said William Fowler the aforesaid William Brampton was seized of and in the said Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee to the uses intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed to be fulfilled And that the said Richard Fowler had issue of his body lawfully begotten one Edward Fowler and the said Richard Fowler after the death of the said William Fowler into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and profits therof yeerly after the death of the said William Fowler arising for and during the life of the said Richard Fowler took and had and tâ—e same to the uses intents and appointments in the said Testament and last Will of the said John Barton the Elder the Testator during the life of the said Richard Fowler applyed converted and payed that is to say until the 3 d. day of November in the yeer of King Edward the 4 th after the Conquest of England the 7 th which said 3d. day of November the aforesaid Richard Fowler at Buckingham aforesaid dyed After the death of which Richard aforesaid the aforesaid Wil. Brampton was of the Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances seized in his Demesn as of Fee to the uses and intents in the Testament aforesaid of the said John Barton the Testator limitted and declared to be fulfilled And that the said Edward Fowler had issue of his body lawfully begotten one Gabriel Fowler and the said Edward after the death of the said Richard Fowler into the aforesaid Messuage and 6. Acres of Lands parcel c. with the appurtenances entred and the Rents and Profits thereof yeerly after the death of the said Richard Fowler arising for and during the life of the said Edward took and had and the same to the uses intents and appointments in the said Testament and last Will declared and limitted Until the 4 th day of February in the yeer of the Reign of King Henry the 8 th the 27 th applyed converted and payed which said 4 th day of February by virtue of a certain Act of Parliament at Westminster in the County of Middlesex for transferring of uses into
not yet concealed nor detained but the Rents and the Reversions thereof to the said Lord the King and Lady the Queen then were answered And that Mannor was in charge and account of Record and the Rents and the Reversions thereof to the said late King and Queen Philip and Mary were answered But whether the Lands and Tenements in the Declaration above mentioned by the said Letters Patents to the aforesaid George Howard Kt. passed or not the Jurors aforesaid are ignorant and thereof pray the Advice and Consideration of the Court in the premises And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices of the Court That the aforesaid Lands and Tenements in the Declaration aforesaid mentioned by the aforesaid Letters Patents of the Lord Philip and Mary late King and Queen of England to the aforesaid George Howard did passe Then the Jurors aforesaid say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment as he before in pleading hath alleged And if upon the whole matter by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court That the Lands and Tenements in the Declaration within written by the aforesaid Letters Patents of the Lord Philip and Mary King and Queen of England to the said George Howard passed not c. False Imprisonment Michaelmass Term in the 6th yeer of King JAMES in the COMMMON-PLEAS Doctor Bonhams Case Co. 8. part London HEnry Atkins of London Doctor of Physick George Turner of London Doctor of Physick Thomas Moundford of London Doctor of Physick John Argent of London Doctor of Physick John Taylor of London Yeoman And William Bowden of London Yeoman were Attached to answer to Thomas Bonham of London Doctor in Philosophy and of Physick of a Plea wherefore they together with William Dun of London Doctor of Physick and Richard Ware of London Skinner with force and Arms him the said Thomas Bonham took imprisoned and evil handled and him in Prison against the Law and Custom of the Kingdom of England did long detain and other harms to him did to the great damage of the said Thomas Bonham and against the Peace of the Lord the King that now is c And whereupon the same Thomas Bonham by Richard Coke his Attorny complaineth That the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden together c. the 10th day of November in the yeer of the Reign of the said Lord the King that now is the 4th with force and Arms him the said John in the Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and evilly handled and him there so in Prison a long time that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England detained and other harms c. to the great damage c. and against the Peace c. whereupon he saith that he is the worse and hath damage to the value of 300. pounds and thereof bringeth sute c. And the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden by Francis Barker their Attorny come and defend the force and injury when c. And as to the coming with force and Arms say That they are not thereof guilty And of that put themselves upon the Country and the aforesaid Thomas Bonham likewise And as to the rest of the Trespass and Imprisonment aforesaid above supposed to be done The said Henry George Thomas Moundford John Argent John Taylor and VVilliam Bowden say That the aforesaid Thomas Bonham his Action aforesaid against them ought not to have because they say That before the aforesaid time in which it is supposed the aforesaid Trespasse and Imprisonment to be done The Lord Henry late King of England the 8th the 23d day of September in the yeer of his Reign 〈◊〉 by his Letters Patents which the said Henry George Thomas Moundford John Argent John Taylor and William Bowden with his great Seal of England sealed bearing date at VVestminster the same day and yeer here in Court brought Reciting Wherereas he thought it the duty of his Kingly Office in all reason to provide for the good and welfare of his People That would first of all be done if he might in due season meet with the enterprizes of wicked men first therefore ye held it necessary to restrain the boldness of wicked men who professed Physick more for avarice than out of confidence of a good Conscience Whereupon very many incommodities did arise to the rude and credulous Cōmon-people Therefore partly imitating the example of the well-governed Cities and other Nations inclined thereunto at the request of the grave Men and Doctors John Chambre Thomas Linacre Ferdinand de Victoria his Physicians of Nicholas Hatswel John Francisco and Robert Yoxley Physicians and chiefly of the right Reverend Father in Christ and Lord Thomas titled of the Holy Church beyond Tyber Priest of the most Holy Church of Rome Cardinal of York Arch-Bishop and our Well beloved Chancellor of our Kingdom of England A College perpetual of Doctors and Grave Men who Physick in his City of London and the Suburbs and within 7. Miles from the said City every way might publickly exercise he Willed and commanded to be instituted to whom for his honour and in the name of the publick good and care as he hoped the ignorance and rashness of the malitious which he remembred as well by their example and gravity to deterr as by his Lawes late made and and by Constitution to be made by the same College to punish Which that they might more easily well accomplish to the remembred Doctors John Chambers Thomas Linacre Ferdinand de Victoria his Physicians Nicholas Hatswel John Francisco and Robert Yoxley Physicians he granted that they and all Men of the same faculty of and in the City aforesaid should be in deed and Name one Body and Comminalty perpetual or College perpetual and that the said Comminalty or College every yeer for ever might chose and make of that Cōminaltie any diligent man and skilful in the faculty of Physick to be President of the said College or Comminalty to oversee rule and govern for that yeer the College or Comminalty aforesaid and all men of the said faculty and their businesses And that the said President and College or Comminalty should have perpetual succession and a Common Seal to serve for the businesses of the said Comminalty and President for ever And that they and their Successors for ever should be persons able and capable to purchase and possesse in Fee and for ever Lands Tenements Rents and other possessions whatsoever He also granted to them and their Successors for him and his Heirs That they and their Successors might purchase to them and their Successors aswell in the said City as out of it Lands and Tenements whatsover not
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
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
and Dignity c. And afterwards That is to say at the Gaol Delivery of the Lord the King at Newgate holden by the City of London aforesaid at the Justice Hall situate in the Old Baly in the Parish of St. Sepulcher in the Ward of Farrington without London aforesaid the 23d day of Iune in the yeer of the Reign of the said our Lord Iames by the Grace of God of England France and Ireland the 10th and of Scotland the 45th before Iames Pemberton Knight Mayor of the City of London aforesaid The right Reverend Father in God Iohn Bishop of London Thomas Flemming Knight Lord Chief Justice of the Lord the King to Pleas before the King himself to be holden assigned Edward Coke Kt. Chief Justice of the said Lord the King of the Bench Lawrence Tanfeild Knight Chief Baron of the Exchequer of the Lord the King Christopher Yelverton Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned David Williams Knight another of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned John Croke Knight another of the Justices of the said Lord the King to Pleas to be holden before the King himself to be holden assigned Stephen Soan Knight John Garrard Knight Thomas Bennet Knight Baptist Hicks Knight Francis Bacon Solicitor General of the Lord the King Henry Mountague Knight one of the Kings Serjeants at Law and Recorder of the City of London aforesaid and other their Fellows Justices of the Lord the King To his Gaol aforesaid of Prisoners in the same being to be delivered assigned The aforesaid Robert Carliel and James Irweng under the custody of Edward Barkham and George Smythes Sherifs of the City aforesaid to the Barr aforesaid brought in their proper persons came and severally being asked how of the Felony and Murder aforesaid they would acquit themselves The said Robert Carliel saith That he cannot deny but that he is guilty of the Felony and Murder aforesaid to him in form aforesaid imposed and the Felony and Murder aforesaid expresly confesseth and thereof putteth himself upon the Mercy of the King and the aforesaid James Irweng saith That he of the Felony and Murder aforesaid to him in form aforesaid imposed is not guilty and thereof for good and ill puts himself upon the Country Therefore immediately he cause a Jury to come c. And the Jurors of the Jury aforesaid by the aforesaid Sherifs of the City aforesaid to this impannelled being called that is to say Humphry Slâ—cy William Morgan Rouland Healing Hugh Hawesh Henry Colthurst William Hicks William Hayes Richard Bridges William Wilde John Palmer Solomon Green and Richard Rudd came who to say the truth of and upon the premises to the said Iames Irweng imposed chosen tryed and sworn say upon their Oath aforesaid That the aforesaid John Irweng is guilty of the Felony and Murder to him in form aforesaid imposed in manner and form as by the indictment aforesaid against them it is supposed And that he the time of the Felony and Murder aforesaid in form aforesaid committed or ever after had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid Upon which the said Robert Carliel and Iames Irweng being severally spoken unto If they had any thing for themselves or could say Wherefore the Court aforesaid to Judgement and Execution of them and either of them of the premises ought not to proceed who said nothing but what at first they had said Upon which then and there It is considered by the said Justices That the aforesaid Robert Carliel and James Irweng to the Gaol of Newgate aforesaid from whence they came should be sent back and thence be lead and either of them be lead unto the place of Execution and there be hanged and either of them be hanged until c. The Indictment of Robert Creighton Esq THE Jurors present for the Lord the King upon their Oath That Middle whereas Robert Carliel late of London Yeoman and James Irweng late of London Yeoman Not having God before their Eyes but seduced by the instigation of the Devil the 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London that is to say in the Parish of St. Dunston in the West in the Ward of Farrington without London aforesaid c. with Force and Armes c. Feloniously and of their fore-thought Malice in and upon one John Turner then and there in the Peace of God and of the said Lord the King being made an Aassult and Affray And the aforesaid Robert Carliel a certain Gun called a Pistoll of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the said Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously Voluntarily and of his Malice fore-thought did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid Iohn Turner in and upon the left part of the Body of him the said Iohn Turner then and there feloniously struck giving to the said Iohn Turner then and there with the leaden Bullet aforesaid neer the left papp of him the said Iohn Turner one mortal Wound of the Breadth of half an inch and Depth of 5. inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that James Irweng Feloniously and of his fore-thought Malice then and there was present ayding assisting abetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid to be done and committed And so the aforesaid Robert Carliel and James Irwenge the aforesaid John Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice killed and Murdered against the Peace of the Lord the King that now is his Crown and Dignity one Robert Creighton late of the Parish of St. Margaret in the County of VVestminster Esquire not having God before his Eyes but being seduced by the Instigâ—tion of the Devil before the Felony and Murder aforesaid by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed that is to say the 10th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 10th and of Scotland the 45th the aforesaid Robert Carliel at the aforesaid Parish of St. Margaret in Westminster aforesaid in the County of Middlesex aforesaid to the Felony and Murder aforesaid in manner and form aforesaid done
and committed Malitiously Feloniously Voluntarily and of his fore-thought Malice did stir up abet counsel and procure against the Peace of the said Lord the King that now is his Crown and Dignity c. By Indictments Trinitat 10. of King James Information In the remembrances of the Exchequer of the 34 th yeer of Queen Elizabeth that is to say Amongst the Records of the Term of St. Hillary in the year aforesaid Rot 149. remaining in the Exchequer in the Custody of the Queens Remembrancer there amongst other things it is contained thus Porters Case C. 1. part fol. 16. b. MEmorandum That John Popham Esquire the Queens Attorny General Lond. ss who followeth for the Lady the Queen being present in this Court the 3d. day of February for the Queen gave the Court to understand and be informed That whereas All that the Key and Wharf called the Old Woolkey and all Messuages Buildings Lands Advantages Commodities and Profits to the same any way belonging or appertaining situate and being in the Parish of All Saints Barking in the City of London in the hands and possession of the said Lady the Queen that now is the 26â—h day of Ianuary in the year of her Reign the 34th and long before were and stood and of Right ought to be as in the Right of her Crown of England as in very many Records Rolls and Remembrances of this Exchequer it more fully appeareth of Record Yet one Iohn Porter Fishmonger and Henry Cockain the Lawes of the said Lady the Queen that now is little regarding but indending the dissenherisin of the Lady the Queen in the premises with Force and Armes c. the aforesaid 26th day of January in the 34th yeer aforesaid in and upon the possession of the said Lady the Queen that now is of the Premises Entred Intruded and made Entry And the issues and profits thereof arising took and had to their own uses and dâ— yet take and have the Trespasse aforesaid hitherto and yet continuing in contempt of the said Lady the Queen and contrary to her Lawes Whereupon the aforesaid Attorny General of the said Lady the Quen that now is for the said Lady the Queen prayeth the advise of the Court in the premises And that the aforesaid Iohn Porter and Henry Cockain come here to answer the said Lady the Queen in the premises Upon which c And the aforesaid Sherifs of the said City of London that they attatch the said John and Henry in form aforesaid so as c. in 8. dayes of the Purification of the blessed Mary the Virgin this Term Before which day that is to say the 4th day of February The aforesaid John Porter here in Court found and of the premises by the Barons here be spoken to of the premises is committed to the Prison of the Lady the Queen of the Fleet there to stay until c. And presently the same day brought hither to the bar by the Warden of the Prison aforesaid by favour of the Court was let to bail to Henry Cockain of the Parish of All Saints Barking and Robert Dodd of the Parish of St. Buttolph without Algate London that is to say to every of them Body for Body untill the next day and so from day to day and from Term to Term untill c. By Colour of which Bail the said John Porter from the Prison aforesaid is delivered And thereupon came then here the said Iohn Porter and Henry Cockain that is to say the said Iohn Porter in his proper person and the aforesaid Henry Cockain by Arthur Salway his Attorny specially admitted by the favour of the Court. And pray c. the hearing of the Information aforesaid And it is read unto them Which being read and by them understood The said Iohn Porter and Henry complain them to be by colour of the premises in the Information specified to be grievously troubled and inquieted and that not justly For taking it by Protestation that the Information aforesaid and the matter in the same contaned is not sufficient in Law To which they have not necessity by the Law of the Land to Answer Yet for Plea as to the Force and Armes and what is contrary to the Peace of the said Lady the Queen or in contempt of the said Lady the Queen The said John Porter and Henry say in nothing thereof they are guilty nor any of them is guilty And of this they put themselves upon the Country And the aforesaid Attorny General likewise and as to the Entry Intrusion and ingresse in all that the aforesaid Key and Wharf called the Old Woolkey and the aforesaid Messuages Buildings and other premises with the appurtenances in the Information above specified supposed to be done The said John Porter and Henry say That the said Lady the Queen that now is them the the said Iohn Porter and Henry or any of them thereof ought not to trouble Because they say That long before the aforesaid 26th day of January in the said Information mentioned One the Lady Avice â—nevet Widow late the Wife of Nicholas Gibson of London Grocer was seized of and in all that aforesaid Key and Wharf and other the premises with the appurtenances in the said Information specified in her demesn as of Fee And so being seised The said Lady Avice before the time in which it is supposed the Entry Intrusion and Ingresse to be done that is to say the 13th day of April in the Reign of the Lord Edward late King of England the Sixth at London in the Parish of All Saints Barking aforesaid in the Ward of the Tower of London Demised all that the aforesaid Key and Wharf and other the premises with the appurtenances to one Bartholmew Gibbs To have to him and his Assignes from the Feast of the Birth of our Lord in the yeer of our Lord 1566. from thence next insuing unto the end and Term of 40. yeers from thence next following and fully to be ended By virtuâ— of which Demise the aforesaid Bartholmew after the aforesaid Feast of the Birth of our Lord in the aforesaid yeer of our Lord 1566. and before the aforesaid time in which c. entred and was thereof possessed and so being thereof possessed The said Bartholmew before the time in which c. that is to say the First Day of January in the yeer of our Lord 1552. at London aforesaid in the Parish and Ward aforesaid made his Testament and Last Will in Writing and of the same his Testament and Last Will made and constituted one Alice his then Wife his Executrix And afterwards the said Bartholmew the same Day and Yeer there dyed of all the aforesaid Key and Wharf and other the premises with the appurtenances possessed After whose Death and before the time in which c. the same Alice taking upon her the Charge and Execution of the Testament and Last Will aforesaid in all the aforesaid Key and Wharf and other the premises with
with the Pannel of the names of the Jurors which are in the file of Writs executed for the Queen of the 34th Yeer of the Reign of the said Lady the Queen that now is with the Remembrancer of London And the Jurors did not appear Therefore it was coÌ„manded the Sherifs that they distrein the Jurors by their Lands c. So that c. in 8. Dayes of Holy Trinity or in the mean time before the Beloved and Faithful to the Lady the Queen Roger Manwood Knight Chief Baron of this Exchequer at Guiâ—d-hall of the City of London aforesaid upon Fryday the 26th day of May in the Yeer of the said Lady the Queen that now is the 34th in the Afternoon of the same Day if he shall first come thither And it is said to the aforesaid Iohn Porter and Henry Cockain that they keep their Day before the aforesaid Chief Baron at the said Day and Place and that they be here at the said 8. dayes of Holy Trinity to hear their Judgement If c. At which day the said John Porter and Henry Cockin come here as before And the aforesaid Chief Baron before whom delivered here the Tenor of the Record aforesaid in form aforesaid directed which is amongst the Inquisitions and Extents of this Yeer of the 34th of the Reign of the Queen that now is with this Remembrancer indorsed thus ss Afterwards that is to say the Day and Place within contained before Roger Manwood Knight Chief Baron of the Exchequer of the said Lady the Queen came aswell the within named John â—opham who prosecutes for the said Lady the Queen as the said within written John Porter and Henry Cockain in their proper persons and the Jurors of the Jury whereof within mention is made being called some of them appeared and some of them not as it appeareth in the Pannel c. And some of them now appearing that is to say Roger Tasker Humphry Street George Gunbey Thomas Cox Thomas Langhorn John Eaton William Fruit and John Math upon the Jury aforesaid are sworn and because the rest of the Jurors of the Jury did not appear therefore others of the standers by by the Sherifs of the County aforesaid to be chosen at the Request of the said John Popham and by the command of the aforesaid Chief Baron were new put whose names to the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurors so anew put that is to say Thomas Wiggs Henry Ayleward Ralph Baily and Cutbert Booth being called likewise came Who to the truth of the matter within contained together with the other Jurors aforesaid first impannelled and sworn say upon their Oath That long before the aforesaid time of Intrusion aforesaid above supposed to be done One Nicholas Gibson was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified in his Demesn as of Fee and the Wharf and Tenements aforesaid held of the Lady the Queen in Socage that is to say of the free Borough of the City of London by fealty onely And so being thereof seized the said Nicholas afterwards and before the time of the Intrusion aforesaid c. that is to say the 23d day of September in the yeer of the Reign of the Lord Henry late King of England the 8th the 32th at London in the Parish of St. Dunstans in the East made his Testament and last Will in Writing and constituted one Avice then his Wife Executrix of his said Will and by the said his Will bequeathed and devised amongst other things the Whars and Tenements aforesaid with the appurtenances to the aforesaid Avice and her Heirs in these English Words and in form following That is to say In the name of God Amen I Nicholas Gibson Citizen and Grocer of London whole of Mind and of perfect Memory albeit sick of Body make this my present and last Will and Testament aswel concerning the Order and Disposion of my Goods Chattels and other things moveable as of my Lands and Tenemetns Rents Reversions and Services and Hereditaments whatsoever First I give and bequeath my Soul unto Almighty God my Maker Redeemer and Saviour and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson my sole Executrix under written whom I put in special trust that she shall see these things hereafter declared to be well and truly executed don and declared and performed as hereafter shall be recited Unto whom also I give and bequeath All my Goods Chattels Debts and other things as well moveable as unmoveable real and personal Lands and Tenements Rents Reversions Services and all my other Profits and Commodities and other Hereditaments whatsoever with all and singular the appurtenances To have and to hold possesse and injoy All and singular my said Lands and Tenements Rents Reversions and Services with the appurtenances Goods Chattels and other things and all and singular other the premises with the appurtenances unto the said Avice Gibson her Heirs Executors Administrators and Assignes for ever upon condition following That is to say Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases Mansions and places convenient for a Free-school the Master of the same and certain Beadmen and Beadwomen and that the same cannot be established to continue without great charges to be imployed and bestowed upon the same and also Lands and Tenements and other Hereditaments to be assured for the continuance of the same I Will and Declare by this my last Will and Testament That the said Gift Legacy and bequest of my Lands and Tenements Goods Chattels and other things aforesaid shall inure and take effect by reason hereof unto my said Wife upon condition following That is to say That my said Wife by the Advice of Learned Counsel in all convenient speed after my decease shall assure give and grant all my said Lands and Tenements and other Hereditaments whatsoever for the maintainanee of the said Free-school Almesmen and Almeswomen for ever if it shall please God that my said Wife Avice Gibson shall have all the Issues Revenewes and Profits yeerly comming arising and growing of the premises during her life bearing the charges for the keeping of the said School Beadmen and Beadwomen and other charges for the maintainance of the premises in manner and form as I the said Nicholas have kept and maintained the same and as the same is now kept and maintained without any diminution in any wise Which Avice Gibson I make my sole Executrix of this my present Testament and last Will. These being Witnesses Thomas Rushton Sergeant at the Law William Gunston Esquire Thomas Wood Cooper Thomas Reinolds Clothworker and Iohn Mucklow Scrivener In witnesse whereof I have hereto put my Seal Given the 23th Day of September in the yeer of our Lord God 1540.
Memorandum That Edward Coke Esquire The Attorny General of the Lady the Queen that now is who prosecutes for the said Lady the Queen present here in Court the 20th Day of June this Term in his own person for the said Lady the Queen gave the Court here to understand and be informed That whereas a Wood with the appurtenances called Alcon otherwise Aluington Wood containing by estimation 3000. Acres of Wood in Alton otherwise Aluington and Rock in the aforesaid County of Worcester in the Hands and possession of the said Lady the Queen that now is the first Day of October in the first yeer of her Reign and long before and continually after were and stood and of Right ought to be and yet ought as in the Right of her â—rown of England as in very many Records Roules and Remembrances of this Exchequer it is evident and appeareth upon Record Yet one Ann Countess of Warwick Humphry Hill Richard Bushopp and Edward Bushopp little regarding the Lawes and Statutes of the said Lady the Queen that now is but intending the Disenherism of the Lady the Queen in the premises with Force and Armes c. the first Day of October in the yeer of the Reign of the said Lady the Queen that now is the 27th and diverse Dayes and turns between the same first Day of October in the 27th yeer and the Day of Exhibiting of this Information in and upon the possession of the said Lady the Queen of the premises Entred Intruded and made Entry and the Issues and Profits thereof coming perceived to their own uses and had and as yet do perceive and have the same Trespass continuing and as yet continuing in contempt of the said Lady the Queen that now is and against her Lawes Whereupon the aforesaid Attorny of the said Lady the Queen for the said Lady the Queen prayes the Advise of the Courâ— in the premises And the aforesaid Ann Countess of Warwick Humphry Hâ—ll Richard Bishopp and Edward Bishopp come here to answer the said Lady the Queen of and in the premises as it is contained there And now that is to say From the day of Holy Trinity in three Weekes this Term came here the aforesaid Richard Bishopp by Arthur Salwaie his Attorny to this by special favour of the Court admitted and prayeth the hearing of the Information aforesaid and it is read unto him c. Which being read and heard and by him the said Richard fully understood The said Richard complaineth by colour of the premises in the Information aforesaid above specified to be troubled and unquietted and that not justly Because By Protestation that the Information aforesaid and matter in the same contained is not sufficient in Law and to which the said Richard is not necessitated nor by the Law of the Land bound to answer in any manner By Protestation also That the Wood aforesaid in the Information aforesaid above mentioned doth not contain nor the aforesaid time of the Trespass and Intrusion aforesaid above supposed to be done did contain in it 3000. Acres in manner and form as by the Information aforesaid above is supposeed Yet for Plea The said Richard as to the Force and Armes or whatsoever is against the Peace of the said Lady the Queen that now is As also the whole Trespass Contempt and Intrusion in the Information aforesaid above specâ—fied supposed to be done besides the Entry and Ingresse into the Wood aforesaid called Alton Wood otherwise Alvington Wood the 21th Day of February in the Yeer of the Reign of the Lady the Queen that now is the 32th and from the same Day until the Day of Exhibiting of the Information aforesaid and besides the perceiving the Issues and Profits thereof by that time comming above supposed The said Richard saith that he in nothing thereof is guilty in manner and form as by the Information aforesaid above is supposed and upon this puts himself upon the Country And the aforesaid Attorny General of the said Lady the Queen that now is who for the said Lady the Queen in this behalf prosecutes likewise c. Therefore an Inquisition be made thereof c. And as to the Entry and Ingress into the Wood aforesaid the aforesaid 21th Day of February in the 32th Yeer aforesaid and from that Day until the Day of Exhibiting of the Information aforesaid as also to the taking of the Issues and Profits thereof by the time thereof comming above supposed to be done the said Richard saith That the said Lady the Queen that now is him the said Richard ought not any wayes to impeach or trouble because he saith That long before the aforesaid time in which it is supposed the Entry Intrusion and Ingress aforesaid to be done One Ann Countess of Warwick Widow sometimes Wife of Richard sometimes Earl of Warwick was seized of the Mannor of Abbotesley otherwise Abberley otherwise Abbedeley with the appurtenances in the aforesaid County of Worcester whereof the aforesaid Wood in which c. then and until the time of the grant here after specified made to Robert Earl of Leicester the third Day of July in the 30th Yeer of Queen Elizabeth here after mentioned whereof the Memory of Man then was not to the contrary was parcel in her Demesn as of Fee and so thereof being seized a Fine was levied in the Court of the Lord Henry late King of England the 7th at Westminst in the County â—f Middlesex from the Day of St. Hillary in 15. Dayes in the 3d Year of his Reign before Thomas Brian Roger Townsend and Iohn Haugh Justices and other the said late Kings Faithful Subjects then there present Betwâ—en him the Lord the King plantiff and the aforesaid Ann sometimes Countess sometimes Wife of the aforesaid Richard Earl of Warwick by the Name of Ann Countess of Warwick deforceant of the Mannor aforesaid with the appurtenances whereof c. amongst other c. whereof a Plea of Covenant was sued between them in the same Court that is to say That the said Countess granted to the said Lord the King the Mannor aforesaid with the appurtenances whereof c. And the same rendred back to him in the same Court To have and to hold to the said Lord the King and the Heirs Males of his Body begotten and if it shall happen That the said Lord the King should die without Heir Male of his Body begotten then after the decease of the said Lord the King the aforesaid Mannor with the appurtenances whereof c. should wholly Revert to the same Countess and her Heirs quieted from the other Heirs of the aforesaid Lord the King as by the Record of the aforesaid Fine in the Court of the said Lady the Queen that now is of the Bench at Westminster aforesaid remaining more fully appeareth By virtue of which Fine the aforesaid late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as Fee tail that
Assignes the interest aforesaid of the aforesaid Term of years of and in the Moyety of the demesn Lends aforesaid with the Appurtenances to the said Robert Wright the Grandfathe in form aforesaid demised By virtue whereof the said Edward was of the interest of the Term aforesaid possessed and being so thereof possessed The said Edward the 11th day of July in the yeer of our Lord 1563. at Eastmeon aforesaid made his Testament and last Will in Writing and by his said Testament constituted and appointed Agnes then his Wife to be sole Executrix of his said last Will And by the said his last Will gave and bequeathed all his interest aforesaid in the Moyety aforesaid of the demesn Lands aforesaid so as before is said with the Appurtenances to the aforesaid Robert Wright now the plantiâ— one of the Sons of the said Edward And afterwards the said Edward Wright at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed After whose death the aforesaid Agnes took upon her the burden of Execution of the last Will of the said Edward aforesaid at Eastmeon aforesaid and the said Executrix at Eastmeon aforesaid gave her consent that he the said Robert Wright should have and injoy to him and his Assignes the interest of the Term aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised By virtue of which the said Robert Wright now plantif was of the Interest of the Term aforesaid of and in the Moyety of the demesn Lands aforesaid with the Appurtenances possessed until the morrow of the Feast of St. Michael the Archangel in the yeer of our Lord 1575. in which morrow of the aforesaid Feast of St. Michael the Archangel in the yeer 1575. aforesaid The said Robert Wright now plantif into the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances entred and was thereof possessed And so thereof being possessed the said Moyety with the Appurtenances had held and injoyed and now hath and occupieth and ought to have and occupy of and from the payment of Tithes whatsoever of in or upon the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances or any parcel thereof yeerly any manner of wayes growing and appertaining renewing or arising for the occasion aforesaid in this behalf alleged utterly exonerated acquitted freed and privileged by reason of the Prescription and Privilege aforesaid And whereas by the Statute in the Parliament of the Lord Edward late King of England the 6th holden at Westminster in the County of Middlesex the 4th day of November in the second yeer of his Reign amongst other things It is enacted by authority of that Parliament That no person be sued or otherwise compelled to yeeld giue or pay any manner of Tithes for any Manors Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes by any Composition reall as by the said Act amongst other things it more fully appeareth Yet the aforesaid Nicholas Wright in his life time pretending himself to be Farmer of the Rectory of the Parish Church aforesaid and by colour of a demise to him thereof made by Thomas by Divine Providence then Bishop of Winchester for the Term of 21. yeers supposed to be made upon that occasion falsely supposing Tithes whatsoever in and upon the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid demised arising and happening to the said Nicholas Wright by virtue of the demise aforesaid to him in form â—foresaid supposed to be made to belong and appertain whereas in truth The said Robert now plantif the Moyety aforesaid of the demesn Lands aforesaid by virtue of the Demise aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid made and by reason of the immunity of the Privilege and Act aforesaid above specified was exonerated acquitted freed and privileged of and from payment of Tithes whatsoever thereupon growing to have and injoy ought during the Term aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid granted of the premises not ignorant endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and to draw the conusance of her Pleas which do belong to her Royal Crown and not to the spiritual Court to another Jurisdiction and Examination in the spiritual Court supposing the Indenture of demise aforesaid to the aforesaid Robert Wright the Granfather made and the Writing of Confirmation aforesaid as also the Estate of him the said Robert now plantif of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather from the Tithes aforesaid in form aforesaid discharged had and made to be void and of no validity in Law whereas in truth The Indenture of demise aforesaid and the Writing of Confirmation theâ—eof and also the Estate of the said Robert aforesaid the now plantif of and in the Moyety of the aforesaid demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather in manner aforesaid demised so as before is said discharged of Tithes is good and effectual in the Law And whereas in truth the same demise to the aforesaid Nicholas in form aforesaid alleged to be made if any such waâ— was utterly void and insufficient in Law as to any Tithes of in and upon the aforesaid Moyety of the demesn Lands aforesaid growing is The said Robert Wright now the plantif in the spiritual Court before the Reverend and worthy Man Mr. William Awbray Doctor of Law in the Court of Audience of causes and businesse in the Court of Canterbury lawfully deputed to hear of and for the withdrawing and not payment of Tithes of Wheat Barly Pease and Beans of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord 1590. growing renewing arising and happening as also of and for the withdrawing and non payment of the Tithes of the Wool of Lambs and Sheep of the said Robert now plantif of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord aforesaid kept shorn and arising as also of the Tithes of the Aples of the said Robert Wright the plantif of in and upon the said aforesaid Moyety of the demesn Lands aforesaid in the yeer aforesaid growing gotten and arising the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is at Eastmeon aforesaid in the County aforesaid drew into sute And the aforesaid Nicholas the same Robert now plantif before the aforesaid spiritual Judge for that occasion aforesaid to appear and to the said Nicholas of and upon the premises to
Queen here are not yet c. Prohibition Michaelmas Term Anno 31. and 32. Eliz. Rot. 447. in the Common-Pleas Co. 4. part Jeffreyes Case Fol. 64. Mâ—morandum That upon Monday next after a Moneth of St. Michael this Term before the Lady the Queen at Westminster came William Jeffrey Cent. in his proper person and informed the Couâ—t of the Lady the Queen that now is here That whereas according to the Law of the Land and the Custom of this Kingdom of England time whereof the Memory of Men is not to the contrary within the said Kingdom had and used The Inhabitants and Residents within any Parish within the Kingdom aforesaid within which any Parish Church is The said Church at their own propper costs as often as need required was repaired and from the whole time aforesaid used to be and ought to be repaired And that every other person or persons inhabiting without the same Parish in any other Parish from the Reparations thereof from the time aforesaid were discharged and acquitted And whereas by the Law of the Land and the Custom aforesaid It is not lawful to any person or persons to impose any Rate or Tax upon any person not dwelling in any Parish where such Church to be repaired is in respect or by reason of any Lands or Tenements which the said person holdeth or occupieth in the said Parish where the said Church is to be repaired as above is said for the Reparation of any Church so unrepaired without his consent And whereas also the Tryal and Determination of the cause aforesaid is a matter determinable at the Common Law and not by the Laws or Censures Ecclesiastical any wayes to be Tryed Ended or Discussed nor used to be time whereof the Memory of Man is not to the contrary Yet Abraham Kenshely and Thomas Foster Church-wardens of the Parish of Haylesham in the County of Sussex not being ignorant of the Premises falsely and subtilely pretending the aforesaid William Jessrey to be an Inhabitant within the Parish of Haylesham aforesaid whereas in truth the aforesaid William Jeffrey is and was dwelling within the Parish of Chiddingly in the County aforesaid and never was dwelling within the Parish of Haylesham aforesaid And the same Church of Haylesham aforesaid by Tenants and Proprietors of Lands and Tenements within the same Parish behoved and ought to be repaired Endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and the Conusance of Pleas which to the said Queens Majesty and to her Regal Crown and not to the spiritual Court doth belong to draw to be determined in the spiritual Court The said William Jeffrey in the spiritual Court aforesaid before Doctor DREWRT Doctor of Law in and throughout the whole Archdeaconry of Lewis of the most Reverend Father in Christ by Divine Providence Thomas Lord Bishop of Chichester lawfully deputed at the procuring of the same Abraham and Thomas in this behalf of and for a certain Tax upon him the said William Jeffrey to and about the Reparations of the Parish Church of Haylesham aforesaid imposed caused to be cited and him the said William in the spiritual Court aforesaid before the aforesaid spiritual Judge to appear and him the said William so appearing to answer to certain Articles of for the Tax aforesaid that is to say for that the said William Jeffrey knew believed heard that within the Archdeaconry of Lewes in the County aforesaid there was a Church commonly called the Parish Church of Haylesham that the said Parish Church as well in the tiling as in the covering thereof as in other things needed and wanted so that unless it were repaired it was feared it would fall to decay and ruine And that as well of Common Right and of an ancient and laudable Custom as also time whereof the Memory of Men is not to the contrary inviolably and unquestoned it was used and observed within the Parish of Haylesham aforesaid That all and singular the Parishoners intending the Reparation of any Church unrepaired according to the Rate and the Quality of their possessions having and occupying in same Parish might or ought to impose a Rate or Tax and also that the said Church mature deliberation being had thereof could not be repaired for lesse sum than Threescore and Ten pounds As also that the Church-wardens of the Parish Church of Haylesham aforesaid for the time being in the yeer of our Lord 1589. and two yeers then last past of and with the consent of all the Parishioners of Haylesham aforesaid or the greater or better number of the same A Rate according to the Quantity and Qualities of the possessions aforesaid and of the Rents within the said Parish being for the Reparation of the said Church of the possessions aforesaid or Rents in the said Parish of all and singular to be imposed and the same to be taxed had decreed and had appointed a day and place for the Rate and Tax aforesaid to be made And that of the same day in which the said Rate should be imposed notice was given to all the Parishioners aâ—oresaid as also to Forreiners having Lands Possessions or Rents in the Parish of Haylesham aforesaid and also in the publick Market there And that at the time and place appointed for the imposing of the aforesaid Tax or Rate those Church wardens as also the Parishioners of the said Parish to the Rate and Tax aforesaid to be made proceeded And the sum of 4. pence of every Acre of Land called Marsh-land as also the sum of 2. pence of lawful Mony of England of every Acre of Land called Vpland within the Parish of Haylesham aforesaid being for the Reparations of the aforesaid Parish Church by the havers and occupiers of the aforesaid Acres were imposed to be paid to the Church-wardens of the aforesaid Parish Church As also that the said William 30. Acres of Marsh called Marsh Ground and 100. Acres of Land called Vpland within the Parish aforesaid held and occupyed or Rents for the same then received And that the sum from the havers and occupyers of the possessions aforesaid or Rents within the aforesaid Parish of Haylesham aforesaid did not extend unto above the sum of 50. pounds of good and lawful Money of England according to the Rate and Tax aforesaid to be levied and collected under the name colour of their Office as before is said of upon the premises to answer unjustly bound And although the said William Jeffrey the matter aforesaid above contained in the spiritual Court aforesaid before the aforesaid spiritual Judge in his discharge of the premises often had pleaded alleged and the same with inevitable truth and good Witnesse offered to prove that he by the Law of the Land in form aforesaid ought not to be cited for the payment of the aforesaid sum upon him the said William Jeffrey for the Reparations of the Church of Haylesham aforesaid as before is said taxed and for
from the day of Easter in 15. dayes under his Seal c. And the Seals c. At which day here cometh the aforesaid Iohn Hunt by his Attorney aforesaid And upon this The same Iohn Hunt acknowledgeth here in the Court here that he would not further prosecute the same Thomas Gateley for any damages to him for the occasion of the taking and unjustly deteining of the Cattel aforesaid to be adjudged but all the said damages to him so to be adjudged willingly here in Court to the said Thomas Gateley doth remise and release Therefore the said Thomas Gateley of those damages be acquitted c. REPLEVIN Trinity Term Anno 36. Eliz. Rot. 1676. in the Common Pleas C. 1. part Archers Case Fol. 65. IOhn Smith Gent. was summoned to Answer to William Baldwin of a Plea wherefore he took the Cattel of the said William and them unjustly detained Essex against Gages and Pledges c. And whereupon The said William by Isaac Hamond his Attorney complaineth That the aforesaid John the 9th of January in the year of the Reign of the Lady the Queen that now is the 36th at Bocking in a certain place called the Meadow abutting upon the Common High-way leading from Braintree unto Pantforld in the County aforesaid against the North-East and upon the Lands of John Mott towards the South West took Cattel that is to say 26. Sheep of him the said William and them unjustly deteined against Gages and Pledges untill c. Whereupon he saith he is the worse and hath loss to the value of 40. pound and thereof he bringeth sute c. And the aforesaid John by Tho. Reynolds his Attorney cometh and defendeth the force and Injury when c. And as Bayliff of Joh. Kent gent. Son of Joh. Kent gent. deceased well acknowledgeth the taking of the Cattel aforesa in the place aforesa in which c. and justly c. Because he saith That the same place in which it is supposed the taking the Cattel aforesaid above to be done conteineth in it self 4. Acres of Pasture with the Appurtenances in Bocking aforesaid which 4. Acres of Pasture with the appurtenances at the time aforesaid in which c. Was the Soil and Freehold of the said John Kent the Son and because the Cattel aforesaid the time aforesaid in which c. were in the same then eating the grass and doing damage there The said John Smith as Bayliff of the aforesaid John Kent the Son doth well acknowledge the taking of the Cattel aforesaid in the place aforesaid in which c. and justly there so damage feisant c. And the aforesaid William Baldwin saith That the said John Smith as Bayliff of the said Iohn Kent the Son for the reason before alleged ought not to make Conusance of the taking of the Cattel aforesaid to be just Because he saith That long before the said taking aforesaid had One Iohn Archer Gent. was seised of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and he the said Iohn being thereof so seised before the aforesaid time of the taking aforesaid done that is to say the 8th day of January in the year of the Reign of the Lady the Queen that now is the 36th aforesaid gave license unto the said William to put his Cattel aforesaid into the aforesaid place in which c. to eat the grass there growing By vertue of which license the said William afterwards that is to say the said aforesaid 9th day of Ianuary in the 36th year aforesaid put his Cattel aforesaid in the place in which c. to eat the grass there growing which Cattel were in the said place in which c. eating the grass then growing in the same untill the said Iohn Smith the aforesaid 9th day of Ianuary in the year of the Lady the Queen that now is the 36th aforesaid at Bocking aforesaid in the aforesaid place called the Meadow took the Cattel aforesaid of him the said William and them unjustly deteined against Gages and Pledges untill c. As he above him complaineth without that that the aforesaid 4. Acres of Pasture with the appurtenances in which c. the time of the taking aforesaid done was the Soil and Freehold of the said John Kent the Son as the said William above hath alleged And this he is ready to aver Wherefore in as much as the said John Smith acknowlegeth the taking of the Cattel aforesaid in the aforesaid place in which The said William demands Judgement and his damages for the occasion of the taking and unjustly detaining of the same Cattel to be adjudged to him c. And the aforesaid John Smith as at first saith That the aforesaid 4. Acres of Pasture with their appurtenances in which c the time aforesaid in which c. were the Soil Freehold of the said J. Kent the Son as he before hath alleged And of this puts himself upon the Country and the said VVilliam Baldwin likewise And therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. Weeks 12. c. by whom c. and who neither c. to Recognize c. Because as well c. And afterwards the Process was continued between the aforesaid parties of the aforesaid Plea by juries put between them in respite here until this day that is to say from Easter-day in three Weeks in the yeer of the Reign of the said Lady the Queen that now is the 37th And now here at this day cometh as well the aforesaid William as the aforesaid John Smith by their Attornies aforesaid and the Jurors thereof impannelled being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Francis Archer was seized of the said 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and held the same of one Thomas Wilson as his Manor of in the County aforesaid in Free Socage and that the said Francis Archer had issue one Robert Archer which Robert had then issue the aforesaid John Archer the Son and his Right and next Heir apparant Which aforesaid Francis Archer so of the aforesaid 4. acres of Pasture with the appurtenances being seized before the time in which c. that is to say the 25th day of November in the yeer of our Lord 1578. made his last Will and Testament in Writing and by the same his last Will Willed and Bequeathed the Tenements aforesaid with the appurtenances amongst other things as followeth Item I give and bequeath to Robert Archer my Son All that my Messuage or Tenement with the appurtenances called the Grey-hound with all and singular the Lands and Grounds which and whatsoever I had purchased and bought of one John Palmer as they are set lying and being in Bocking aforesaid To have and to hold the said
Messuage or Tenement and other the premises late purchased and bought of the said John Palmer as is aforesaid to the said Robert Archer my Son from and after the day of my death forthwards during his natural life and after the death of Robert Archer my Son I will my said Messuage or Tenement called the Grey-hound together with all the Lands and Grounds which I lately purchased of the said John Palmer shall wholly remain to the Right and next Heir of the same Robert Archer and to the Heirs of his Body lawfully begotten for ever And afterwards the aforesaid Francis Archer dyed of the aforesaid 4. acres of Pasture with the appurtenances amongst other in form aforesaid seized And the said jurors further say upon their Oath That the aforesaid Francis Archer purchased the aforesaid 4. acres of Pasture with their appurtenances of the aforesaid John Palmer in the aforesaid last Will of the aforesaid Francis named And the jurors further say upon their Oath That after the death of the said Francis Archer the aforesaid Robert Archer being Son and Heir apparent of the aforesaid Francis into the aforesaid 4. acres of Pasture with their appurtenances entred and was thereof seized of such estate as the Law in this case requireth And the said Robert so thereof being seized before the aforesaid time in which c. that is to say the 21th day of January in the yeer of the Reign of the said Lady the Queen that now is the 26th by his deed of Feoffment with the Seal of the said Robert sealed and to the jurors aforesaid in Evidence shewed Enfeoffed one John Kent Father of the said John Kent in the Conusance aforesaid above named of the aforesaid 4. acres of Pasture with their appurtenances in which c. amongst other By the name of all that his Messuage or Tenement and all Houses Buildings Barns Orchards Gardens with the appurtenances sometimes called or known by the name of the Grey-hound or otherwise or by what other name or names the same were called or known situate lying and being in Bocking aforesaid in a street there called Bocking haud and of all those Lands Meadowes and Pastures to the same belonging or appertaining or with the same at any time then before demised used or occupyed lying and being at Bocking aforesaid To have and to hold to the aforesaid Iohn Kent the Father his Heirs and Assignes for ever to the proper use and behoof of the said John his Heirs and Assignes for ever And further the said Robert Archer and his Heirs by the deed aforesaid all and singular the aforesaid Messuages or Tenements Houses Buildings Meadowes Pastures and other the premises aforesaid with the appurtenances to the aforesaid John Kent the Father his Heirs and Assignes to the use in the said deed mentioned against all men did warrant as by the said Charter of Feoffment to the Jurors aforesaid given in Evidence it more fully appeareth By virtue of which Feoffment the aforesaid John Kent the Father was seized of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee And further the Jurors afore say upon their Oath That after the Feoffment aforesaid in form aforesaid made The aforesaid John Archer Son and right and next Heir apparent of the aforesaid Robert Archer in the lives of the aforesaid Robert Archer and John Kent the Father into the aforesaid 4. Acres of Pasture with the appurtenances in which c. Upon the possession of the aforesaid John Kent the Father thereof entred upon whose possession of the said John Archer thereof the said John Kent the Father afterwards re-entred and was of the aforesaid 4. Acres of Pasture with their appurtenances in which c. seized as the Law in this case requireth and the said John Kent the Father so thereof being seized before the aforesaid time in which that is to say the 16th day of May in the yeer of the Reign of the Lady the Queen that now is the 27th made his Testament and last Will in Writing and by the same his last Will gave and bequeathed to the aforesaid John his second Son and his Heirs the aforesaid 4. Acres of Pasture with the appurtenances in which c. amongst other and afterwards and before the time in which c. the aforesaid John Kent the Father of such estate of the aforesaid 4. Acres of Pasture with the appurtenances in which c. dyed seized After whose death The aforesaid John Kent the Son into the aforesaid 4. Acres of Pasture with their Appurtenances entred and was thereof seized of such estate as the Law in this case requireth And afterwards and before the aforesaid time in which c. The aforesaid Robert Archer dyed After whose death The aforesaid John Archer Son and right and next Heir of the aforesaid Robert Archer into the aforesaid 4. Acres of Pasture with the appurtenances in which c. upon the possession of the said John Kent the Son thereof entred and was thereof seized as the Law in this case requireth And the said John Archer so thereof being seized the aforesaid 8th day of November in the 36th yeer aforesaid gave licence to the said William Baldwin to put his Cattel aforesaid into the aforesaid place in which c. the grass in the same then growing to eat By virtue of which licence the said William afterwards that is to say the aforesaid 9th day of January in 36th yeer abovesaid put his Cattel aforesaid into the aforesaid place in which c. to eat the grass then and there growing which Cattel were in the same place in which c. the grass in the same then eating until the aforesaid John Smith as Bayliff of the aforesaid John Kent the Son the aforesaid 9th day of January in the 36th yeer abovesaid in the aforesaid place called the Meadow to the use of the said John the Son entred and took the aforesaid Cattel of the aforesaid William and them detained against Gages and Pledges Until c. as the aforesaid William Baldwin above against the aforesaid John Smith complaineth And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with their appurtenances in which c. the aforesaid time in which c. were not the Soil Freehold of the aforesaid John Kent the Son Then the said Jurors say upon their Oath That the aforesaid 4. Acres of Pasture with the appurtenances in which c. the aforesaid time in which c. were not the Soyl and Freehold of the aforesaid John Kent the Son as the aforesaid William Baldwin above hath alleged And then they assess the damages of the said William Baldwin by occasion of the taking and unjust detaining of the aforesaid Cattel above his costs and charges by him about his sute in this behalf expended to 14. pence
maintain Or them the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged to bar as the aforesaid William and John above have alleged Therefore it is granted that the aforesaid Agnes take nothing by her Writ aforesaid but be in mercy for her false claim And the aforesaid William and John go thereof without day c. And that they have retorn of the Cattel aforesaid to be holden to them irreplegiable for ever And how c. the Sheriff make it appear from the day of Easter 15. dayes c. And it is also granted That the said William and John ought to recover their damages by the occasion aforesaid against the aforesaid Agnes But because it is not known what damages the said VVilliam and John have sustained by that occasion It is commanded the Sheriff that by the Oaths of good and lawful men of the County aforesaid he diligently enquire what damages the said VVilliam and John have sustained aswel by occasion of the premises as their costs and charges by them about their Sute in this behalf expended And the Enquiry which c. They send here at the aforesaid Term under Seal c. and the Seals c. At which day here come the a-aforesaid VVilliam Bredon and John Bredon By their Attorny aforesaid And the Sheriff therof did nothing nor sent the Writ thereoâ— Therefore that an other Writ be made in form aforesaid retornable here from the day of Holy Trinity 15. dayes At which day here came the aforesaid VVilliam and John by their Attorny aforesaid And the Sheriff that is say Thomas Edon Esquire now sent That before the comming of the Writ aforesaid The Cattel aforesaid were esloyned out of his Balywick to places to him unknown By which the Cattel aforesaid to the said VVilliam and John he could not retorn as to him it was commanded Also the same Sheriff sent here a certain Inquision taken before him at Bury Saint Edmonds in the County aforesaid the 30th day of May last past by the Oaths of 12. men c. by virtue of the Writ aforesaid taken by which it is â—ound That the a-aforesaid VVilliam and John sustained damages by the occasion aforesaid above their costs and charge by them about their Sute in this behalf put unto 5. ponnd And for their costs and charges to 10. shillings Therefore it is commanded to the Sheriff That of the other Caâ—tel of the aforesaid Agnes to the value of the Cattel aforesaid first taken he take in Withernam and them to the aforesaid William and John without delay he do deliver to be deteined to them until the Cattel aforesaid first taken were retorned And how c. that he make it appear here in 8. dayes of St. Michael c. And also that the aforesaid Agnes be attached that she be here at the aforesaid Term to answer aswel to the Lady the Queen of her Contempt aforesaid as to the aforesaid VVilliam and John of the damages and injuries to them in this behalf offered c. And also it is granted That the aforesaid William and John recover against the aforesaid Agnes their damages aforesaid to 5. pound and 10. shillings by the Enquiry aforesaid in form aforesaid found as also 2â— pound 3. shillings and 4. pence to them the said William and John at their requests for their Costs and Charges by the Court here of Encrease adjudged which damages in the whole do amount to 26. pound 13. shillings and 4. pence Replevin Hillary Term Anno 35 Eliz. Rot. 498. in the KINGS-BENCH C. 1. part Ann Mayowes Case Fol. 141. Kent GEorge Mason and Francis Easterley were Attached by the Writ of the Lady the Queen of Second Deliverance to Answer to John Kettel of a Plea wherefore they took the Cattel of the said John and them unjustly deteined against Gages Pledges c. And whereupon the said Joh. Kettel by Edward Willan his Attorny complaineth That the aforesaid George and Francis the 18th day of June in the yeer of the Reign of the Lady Elizabeth now Queen of England the 33th at Sutton Atthone in the County aforesaid in a certain place there called Abrahams Land took Cattel that is to say 7. Cowes and One Bull of the said John and them un justly deteined against Gages and Pledges until c. Whereupon the said John Kettel saith that he is the worse and hath damage to the value of 30. pound and thereof bringeth sute c. And the aforesaid George Mason and Francis Easterley by Michael Low their Attorny come and deâ—end the force and injury when c. And justly c. Because they say That the aforesaid Plea in which it is supposed the taking of the Cattel aforesaid to have been done doth contein and at the time of the taking aforesaid above supposed to be done did contein in it self by Estimation 8. Acres of Pasture with the Appurtenances in Sutton Atthone aforesaid and that long before the aforesaid time in which c. One Dionisius Mayow Gentleman was of the aforesaid place in which c. amongst other seized in his demesn as of Fee and so thereof being seized The same Dionisius afterwards that is to say before the time of the taking aforesaid above supposed to be done that is to say The 30th day of May in the yeer of the Reign of the said â—ady the Queen that now is the 19th at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the Lady the Queen that now is brought bearing date the same day and yeer gave and granted to the aforesaid Ann by the name of Ann Maxey of Chigwell in the County of Essex One Annuity or yeerly Rent of 20. pound of lawful Mony of England to be issuing out of the aforesaid place in which c. Amongst other by the names of all Lands and Tenements of him the said Dionisius in Sutton Atthone aforesaid and in Willington in the aforesaid County of Kent To have and perceive the aforesaid Annuity or yeerly Rent aforesaid of 20. pound aforesaid to the aforesaid Ann and her Assignes for the time of the natural life of her the said Ann at the Feast of the blessed Lady Mary the Virgin St. Michael the Archangel by equal portions yeerly to be perceived And if it should happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said ought to be paid within 40. dayes after any Feast of the Feasts in part or in whole be behind and not paid that then it be lawful to the aforesaid Ann or her Assignes in the Tenements aforesaid with the Appurtenances to enter and distrein and the distresses there found or taken to carry away lead and drive and with her to keep until of the whole aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any should be to her she
â—remling 10. shillings of good and lawful Mony of England in the Condition of the Feoffment aforesaid above mentioned in full satisfaction and performance of the Condition aforesaid By which The said Thomas Mayow afterwards and before the aforesaid time of the taking of the Cattel aforesaid into the aforesaid 8. Acres of Pasture with the Appurtenances in which c. amongst other entred and was thereof seized that is to say in his demesn as of Fee and so thereof being seized The said Thomas Mayow before the time in which c. that is to say the 3d. day May in the yeer of the Reign of the said Lady the Queen that now is the 24th abovesaid at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the said Lady the Queen now here brought bearing date the same day and yeer enfeoffed one Thomas Waller amongst other of the aforesaid 8. Acres of Pasture with the Appurtenances in which c. by the name of Abrahams Land containing by Estimation 9. Acres more or less lying in Sutton Atthone aforesaid To have and to hold the same Close called Abrahams Land with the Appurtenances amongst other to the aforesaid Thomas Waller his Heirs and Assignes To the only proper use and behoof of the said Thomas Waller his Heirs and Assignes for ever as by the said Writing amongst other things more fully appeareth By virtue of which â— coffment the said Thomas Waller of the aforesaid Close with the Appurtenances in which c. was seized in his demesn as of Fee and so thereof being seized The aforesaid Dionise Mayow afterwards and before the aforesaid time of the taking of the Cattel aforesaid that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is 29th at Sutton Atthone aforesaid dyed as the aforesaid George Mason and Francis Easterley above in pleading have alleged After whose death and before the aforesaid time of the taking of the Cattel aforesaid that is to say the 29th day of September in the yeer of the Reign of the said Lady the Queen that now is the 32th The a-aforesaid Thomas Waller at Sutton Atthone aforesaid demised and to farm set to the aforesaid John Kettel the aforesaid Close with the Appurtenances in which c. amongst other To have and to hold to the aforesaid John Kettell and his Assignes from the aforesaid 29th day of September in the 32th yeer abovesaid unto the end and Term of one whole yeer then next following and fully compleat and ended By virtue of which demise the aforesaid John Kettell afterwards and before the aforesaid time in which c. that is to say the 30th day of September in the 32th yeer aforesaid in the Close aforesaid in which c. entred and was thereof possessed And so thereof being possessed The same John Kettell afterwards and before the aforesaid time in which c. that is to say the 17th day of June in the yeer of the Reign of the said Lady the Queen that now is the 33th put his Cattel aforesaid into the aforesaid Close to eat the grass there as it was lawful for him to do which Cattel were in the aforesaid Close c. there the grass there late growing eating until the aforesaid George Mason and Francis Easterley the aforesaid Cattel the aforesaid time in which c. unjustly took and deteined in manner and form as the aforesaid John Kettell above against them complaineth And this he is ready to aver Wherefore in as much as the said George and Francis the taking of the Cattel aforesaid above acknowledgeth The said John Kettel demands Judgement and his damages aforesaid for the occasion of the taking and unjust deteining of the said Cattel to be adjudged to him c. And the aforesaid George Mason and Fracis Easterlâ—y say that well and true it is that before the aforesaid time of the taking of the Cattel aforesaid above supposed to be done and before the grant of the aforesaid Annuity of 20. pound and before the said Dionise had any thing in the aforesaid 8. Acres of Pasture with the Appurtenances in which c. The aforesaid Thomas Mayow in the Bar aforesaid to the Conusance aforesaid named was seized of the aforesaid 8. Acres of Pasture with the Appurtenances in his demesn as of Fee And so thereof being seized That the said Thomas the aforesaid 15. day of January in the 19th yeer aforesaid of the said 8. Acres of Pasture with the Appurtenances enfeoffed the aforesaid Thomas Scot and John Fremling in the Bar named To have to them and their Assignes for ever To the use of the said Dionise his Heirs and Assignes for ever upon the Conditions aforesaid in the Bar above in this part specified And that by virtue of the same Feoffment and by force of the aforesaid Statute the said Dionise was seised of the aforesaid 8. Acres of Pasture with the Appurtenances in which c. amongst other in his demesn as of Fee in manner and form as the aforesaid John Kettel in the Bar aforesaid to the Conusance aforesaid above in pleading alleged And the said George and Francis now Defendants further say That the aforesaid Dionise before the aforesaid time of the taking of the Cattel aforesaid above supposed to be done that is to say the aforesaid 30th day of May in the 9th yeer aforesaid by his Writing aforesaid gave and granted to the aforesaid Ann the aforesaid Annuity or yeerly Rent of 20. pound to be issuing out of the aforesaid place in which c. Amongst other in manner and form as the aforesaid John Kettell in his Bar aforesaid to the Conusance aforesaid above in pleading hath alleged To have and to hold the Annuity or yeerly Rent aforesaid of 20. pound to the aforesaid Ann and her Assignes for the Term of the natural life of the said Ann at the Feasts aforesaid above in this behalf specified by equal portions yeerly to be perceived with the aforesaid clause of distresse in that Writing contained in the Conusance above in this behalf specified And the said George and Francis Fasterly also in Facto say That the aforesaid Thomas Mayow the aforesaid Grant of the Rent aforesaid and the Estate of the said Ann in the said Rent then and there that is to say the aforesaid 30th day of May in the 19th yeer abovesaid at Sutton Atthone aforesaid by the name of Thomas Mayow of Sutton Atthone in the County of Kent Gentleman by his Writing sealed with the Seal of him the said Thomas and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex ratified and confirmed as by the said Writing amongst other things more fully appeareth By colour of which the said Ann was of the Annuity or yeerly Rent aforesaid seized
in her demesn as of Freehold for the Term of her life And so thereof being seized the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the aforesaid Dionise And afterwards and before the aforesaid time in which it is supposed the taking of the Cattel aforesaid to be done that is to say the aforesaid 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid the aforesaid Dionise at Sutton aforesaid dyed And the aforesaid Ann him overlived and was and yet is of the aforesaid Annuity or yeerly Rent of 20. pound seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by a whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid and within the space of 40. dayes then next following were not paid to the said Ann but were behind the aforesaid George Mason and Francis Easterley as Bayliffs of the said Ann do acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. As in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver whereupon as at first they demand Judgement and Retorn of the Cattel aforesaid with their Damages Costs and Expenses by them about their Sute in this behalf put unto according to the form of the Statute in such case had and provided to be adjudged unto them c. And upon this the aforesaid John Kettel prayeth That the Writing of Confirmation of the Annuity aforesaid be inrouled in these words c. And it is inrouled in this form as followeth ss To all Christian People to whom this present Writing shall come Thomas Mayow of Sutton Atthone aforesaid in the County of Kent Gentleman and Dionise Mayow Son and Heir Apparent of the said Thomas Mayow of Bernards Inn in the County of Middlesex Gentleman greeting in our Lord God everlasting Knâ—w yee We the aforesaid Thomas and Dionise to have given granted and in this our present Writing confirmed to Ann Maxey of Chigwell in the County of Essex for and in Consideration of a certain Mariage to be had and solemnized Between the aforesaid Dionise Mayow and Ann Maxey foresaid one yeerly Rent or Annuity of 20. pound of lawful Mony of England of all our or either of our Lands and Tenements in Sutton Atthone aforesaid and Wilmington in the County of Kent aforesaid To have and perceive the said yeerly Rent or Annuity of 20. pound aforesaid of the aforesaid Lands and Tenements with their Appurtenances to the aforesaid Ann and her Assignes for the term of the life of the aforesaid Ann at the Feasts of the Annuntiation of the blessed Mary the Virgin and Saint Michael the Archangel by equal portions yeerly to be perceived And if it happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said it ought to be paid within 40. dayes after any of the a-a-aforesaid Feasts in part or in all to be behind and unpaid That then it be lawful to the aforesaid Ann and her Assignes into the aforesaid Lands and Tenements to enter and distrein and the distresses there found and taken to carry away lead drive and with them to keep untill of the aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any were to them it be satisfied and paid of which yeerly Rent or Annuity we have put the aforesaid Ann Maxey in full possession and seizin by paying of one penny of lawful Mony of England c. In witnesse whereof we the aforesaid Thâ— Mayow and Dienise Mayow to this our present Writing our Hands and Seals have put Dated the 30th day of May in the yeer of the Reign of our Lady Elizabeth by the Grace of God oâ— England France and Ireland Defender of the Faith c. the 19th Which being Read and Heard The said John Kettel saith That the Plea aforesaid by the aforesaid George and Francis above to the Bar of the said John Kettell aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contained is not sufficient in Law to the taking of the Cattel aforesaid in the place aforesaid in which c. justly acknowledged to which the said John Kettell needeth not or by the Law of the Land is any wayes bound to Answer Wherefore for want of a sufficient Plea in this behalf the same John as at first demandeth Judgement and his damages aforesaid by the occasion aforesaid to be to him adjudged c. And the aforesaid George Mason and Francis Easterley say that the plea aforesaid by them the said George and Francis above unto the Bar of the aforesaid John Kettell aforesaid to the Conusance aforesaid in maÌ„ner form aforesaid above pleaded the matter in the same coÌ„tained is good and sufficient in Law to the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged Which Plea the matter therein conteined the said George and Francis are ready to aver and prove as the Court c. And because the aforesaid John Kettell to that Plea doth not Answer nor the same as yet any wayes denyeth The said George and Francis as at first demand Judgement and Retorn of the Cattel aforesaid together with their damages according to the form of the Statute in such case late had and provided to them to be adjuged And because the Court of the Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised day is given to the parties aforesaid before the Lady the Queen until from the day of Easter 15. dayes wheresoever c. to hear their Judgemen of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Quen that now is here of giving their Judgement of upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen in the Morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin came the parties aforesaid by their Attornies aforesaid And because the Court of the Laâ—y the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the
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
the Queen that now iâ— to serve in his Office aforesaid By virtue of which License of the said Lady the Queen to the aforesaid Mark as afore is said the said Mark by the whole time of his absence specified in the Inquisition aforesaid And 〈◊〉 the â—â—â— Mark for further shewing of his Right saith That he now is and alwâ—â—â—â—om the aforesaid time of removing him from the Exercising of his Offiâ—â— aforesaid was ready and often time offered himself to serve in his Office aforesaid And that as yet from the time of the License of the said Lady the Queen of absenting himself to the said Mark made the said Lady the Queen that now is had not commanded him to serve in his Office aforesaid Without that that the said Lady the Queen that now is hath any other Right or Title in or to the Office aforesaid than as before above it is alleged And without that That there is any such Record besides the Record of the Inquisition aforesaid which makes or shewes or can make or set forth any Title of the said Lady the Queen that now is in or to the Office aforesaid All and singular which the said Mark is ready to aver as the Court here shall award and therefore he demandeth Judgement and that to the possession and exercising of his Office aforesaid together with the Wages and Fee aforesaid and to the issues and profits to the said Office due and belonging from the time of his removing from the said exercising of his Office aforesaid be restored c. And Gilbert Gerrard Attorny General of the Lady the Queen that now is who prosecuteth for the said Lady the Queen in this behalf saith That by any thing by the said Mark Steward above in pleading alleged The said Lady the Queen of her Right and Title in or to the Office aforesaid ought not to be barred Because he saith That the said Lady the Queen did not give License to the said Mark to absent himself from the exercising of his Office aforesaid at the pleasure of him the said Mark until he were Commanded by the said Lady the Queen to serve in his said Office aforesaid in manner and form as the aforesaid Mark in his shewing of his Right to the Office aforesaid above alleged And this the said Attorny of the said Lady the Queen that now is for the said Lady the Queen prayeth it be enquired of by the Country And the aforesaid Mark likewise Therefore day is given before the said Lady the Queen that now is in the Morrow of the Ascension of our Lord wheresoever she should be in England to do and receive what was just in the premises And it is commanded to the Sheriff of Middlesex That he cause to be here before the Lady the Queen at that day 12. good and lawful men of the Vicinage of the City of Westminster who are not of Kindred or Affinity of the said Mark To Recognize upon their Oath more fully the truth of the premises At which Morrow of the Ascension of our Lord before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Geâ—rad who prosecutes c. as the aforesaid Mark Steward by John Manning his Attorny And the Sheriff retorns the names of 12. whereof none c. Thtrefore it is commanded to the Sheriff That he do not omit c. but that he destrein them by all their Lands c. And that of the Issues c. And that he have their Bodies before the Lady the Q. in 8. dayes of the Holy â—rinity wheresoever c. To Recognize in form aforesaid c. And the same day is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward c. At which 8. dayes of the â—oly â—rinity before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And the Jurors of the Jury aforesaid being called likewise come And upon this publick Proclamation is made for the Lady the Queen as the use is That if there be any one who will inform the Justices oâ— the Lady the Queen here the Serjeant at Law of the Lady the Queen or the Attorny General of the Lady the Queen or the Jurors aforesaid oâ— the premises that he come and should be heard And Edward Anderson one of the Serjeants of the Lady the Queen at Law to do this offered himself By which it is proceeded to the taking of the Jury aforesaid by the Jurors aforesaid now there appearing who to say the truth of the premises chosen tryed sworn say upon their Oath That the Lord Philip and the Lady Mary late King Queen of England by their Letters Patents under the Great Seal of England made bearing date at Westminster the 23th day of September in the yeers of the Reigns of the said late King and Queen the 3d. and 4th Gave and granted to the said Mark the Office of Serjeant at Arms attending upon their Chancellor of England for the time being and made him the said Mark their Serjeant at Arms aforesaid made Ordained and Constituted by the said Letters Patents for the term of his life To have and enjoy the said Office to him the said Mark for the term of his life And moreover the said late King and Queen gave and granted by the Letters Patents aforesaid for them the Heirs and Successors of the said Queen for the exercising and holding of the Office aforesaid the Wages and Fee of 12. pence per diem To have hold and perceive yeerly the said Wages and Fee of 12. pence the day to the said Mark for the term of his life of the issues and profits of their Hamper of their Chancery by the Hands of the Clerk or Keeper of the said their Hamper and the Heirs of the aforesaid late Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any way anciently belonging due and accustomed And the said Mark Steward brings here in Court the Letters Patents aforesaid which followes in these words Philip and Mary by the Grace of God King and Queen of England Spain France both Cicilies Jerusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgondy Milain and Brabant Earl of Haspurge Flanders and Tiroll c. To All to whom these present Letters shall come Greeting Whereas our most dear Brother Edward late King of England the 6th by his Letters Patents made under the Great Seal of England bearing date at Greenwich the 8th day of April in the 4th yeer of his Reign of his special Grace certain Knowledg and meer Motion as also with the Advice and Consent of his Council had given and granted to his well-Beloved Richard Hatchman Gentleman the Office
made for the term of his life by the aforesaid Miles Hitchcock where nothing of the said 15. acres of Pasture in the possession of the said John so passed into the said 15. acres of Pastures with the appurtenances before the time in which entred into the aforesaid 15. acres of Land with the Appurtenances re-entred and the grass there then growing with the Cattel aforesaid fed trod and consumed as it was lawfull for him to do And this he is ready to aver whereupon he demandeth Judgement if the said John Grendon his Action aforesaid against him ought to have or maintain c. And the aforesaid John Grendon aswell unto the aforesaid first Plea as to the aforesaid second Plea of the said Thomas Albany above in Bar pleaded saith That he for any thing in the said Pleas before alledged ought not to be barred from having his Action against the said Thomas Because he saith That in the aforesaid Deed of Feoffment of the aforesaid Francis Bunny in the Bar aforesaid above specified It was provided That if it should happen one Peter Penruddock to die without issue Male of his body lawfully begotten not leaving his wife with Child by him in the life of the said Francis That then and from thenceforth it should be lawfull for the said Francis at all times at his will during his natural life by his Writing Indented by him the said Francis to that intent made sealed and subscribed in the presence of four credible and honest Witnesses at the least to alter change determine diminish or to amplifie any use or uses limmitations intentions or purposes limited mentioned or appointed in and by the aforesaid Deed of Feoffment made by the aforesaid Francis Bunny as before is said or any use or uses of every of any part or parcel of the premises remainder or remainders rendition or renditions to any person or persons after the death of the said Francis as by the said Deed of Feoffment aforesaid it more fully appeareth And that afterwards and before the time in which c. that is to say The first day of May in the year of the Reign of the Lady the Queen that now is the 23th at Willesdon aforesaid the aforesaid Peter died without issue Male of his body lawfully begotten and at the time of his death had not any wife By which the aforesaid Francis afterwards and before the time in which c. that is to say the 20th day of March in the year of the Reign of the Lady the Queen that now is the 24th at Willesdon aforesaid By his Indenture between the aforesaid Francis of the one part and the aforesaid David Bunny of the other part sealed subscribed and delivered by him the said Francis to the aforesaid David Bunny in the presence of John Frome William Cuersie Thomas Waltham and John Gostles four credible and honest Witnesses which Indenture the aforesaid John Grendon with the seal of the aforesaid Francis sealed and with his hand underwritten here in Court brings whose date is the same 20th day of March in the year of the Reign of the said Lady the Queen that now is the 24th abovesaid changed the uses in the aforesaid Deed of Feoffment above expressed And by the same Indenture the said Francis Covenanted and agreed with the aforesaid David Bunny that from thenceforth the said Michael Hitchcock in the aforesaid Deed of Feoffment named and his Heirs and all others who then were or should be seized of the aforesaid 21. Acres of Pasture with the appurtenances in which c. should be seized to the use of the said John Grendon and his Heirs for ever as by the same Indenture more fully appeareth By colour whereof and by vertue of the Statute of transferring of uses in possession made the aforesaid John Grendon in the aforesaid 20. Acres of Pasture with the Appurtenances in which c. entred and was thereof possessed in his Demesn as of Fee until the said Thomas Albany the day and year abovesaid in the Bill aforesaid above specified the Close of the said John Grendon in the aforesaid 20. Acres of Pasture broke and his grass to the value c. then their growings with his Cattel aforesaid was fed trod and consumed as he above against him complaineth And this he is ready to aver Whereupon in as much as the aforesaid Thomas Albany doth acknowledge the Trespass aforesaid in the aforesaid 20. acres of Pasture with the appurtenances to be done The aforesaid John demandeth Judgment and his dammages by occasion of the Trespass aforesaid to be to him adjudged c. And the aforesaid Thomas Albany saith That well and true it is That in the aforesaid Deed of Feoffment of the aforesaid Francis Bunny It was Provided That if it should happen the said Peter Penruddock to dye without issue Male of his Body lawfully begotten not leaving his Wife with Child of a Son in the life of the said Francis that then and from thence forth it should be lawful to the aforesaid Francis at all times at his will during his natural life by his Writing by him the said Francis to that intent made in the presence of 4. Credible and Honest Witnesses at the least to alter change determine or amplifie any use or uses Limitations Intentions or purposes limited or appointed by the aforesaid deed of Feoffment by the said Francis Bunny as before is said made or the use or uses of any part or parcel of the premises Remainder or Remainders Reversion or Reversions limitted to any person or persons after the death of the said Francis And that afterwards and before the time in which c. the aforesaid Peter dyed without issue Male of his Body lawfully begotten the aforesaid Francis at the time of the death of the aforesaid Peter being in full life But the said Thomas Albany further saith That the said Francis in the life time of the said Peter Penruddock that is to say the first day of April in the yeer of the Reign of the Lady the Queen that now is the 23th at Willesdon aforesaid By a certain Writing indented made between him the said Francis of the one part and the aforesaid Miles Hitchcock and Tho. Albany of the other part one part of which the said Thomas Albany sealed with the Seal of the said Francis here in Court brings whose date is the same day yeer renounced relinquished and surrendred all manner of such Liberty Power and Authority which he the said Francis by force and virtue of the aforesaid Proviso above recited or any Liberty in the aforesaid deed of Feoffment mentioned and exppressed of and from the death of the aforesaid Peter Penruddock then had or ought to have of touching and concerning the Alteration Changing Determination Diminishing or Amplifying of such use or uses Intentions and Limitations as are in the said Indenture limited expressed and declared And further the said Francis by the said Writing Remised Released and
quit claimed to the aforesaid Miles Hitchcock and Thomas Abany all the aforesaid Condition Proviso Covenant and Agreement before mentioned and all and all manner of such Power Liberty Authority Right Title or Demand which the said Franc. after the death of the said Peter had or could have claim or challenge or demand by force and virtue of the same Condition and Proviso in the aforesaid deeâ— of Feoffment contained So that the said Francis of and from the death of the aforesaid Peter Penruddâ—â—k should not claim challenge demand exercise use or have any power liberty or authority to alter change determine diminish or amplifie any use or uses limitations or declarations in the aforesaid deed of Feoffment contained expressed limited or appointed but that the said FRANCIS from the death of the said Peter of and from all such liberty power and authority as before is said should stand and remain utterly barred excluded and discharged for ever And further the said Francis by that Writing granted to the aforesaid Miles and Thomas and their Heirs that from thenceforth the aforesaid Condition Proviso Covenant and Agreement and the aforesaid Power Liberty and Authority should cease and be utterly void to all Intents Constructions and Purposes And this he is ready to aver Whereupon as at first he demandeth Judgement and that the aforesaid John Grendon from having his action aforesaid against him the said Thomas Albany be barred c. And the aforesaid John Grenden saith That the Plea aforesaid by the aforesaid Thomas Albany in form aforesaid above by Rejoynder pleaded and the matter in the same contained is not sufficient in Law to bar him the said John Grendon from having his Action aforesaid against the said Thomas Albany To which the said John Grendon needeth not nor is bound any wayes by the Law of the Land to Answer Wherefore for want of a sufficient Rejoynder in this Plea The said John Grendou demandeth Judgement and his damages by the occasion aforesaid to be adjudged unto him c. And the aforesaid Thomas Albany saith That the Plea of him the said Thomas in manner and form aforesaid above by Rejoynder pleaded and the matter in the same contained is good and sufficient in Law to bar the said John Grendon from having his Action aforesaid against him the said Thomas Albany which Plea and the matter in the same contained the said Thomas is ready to aver and prove as the Court c. And because the said John Grendon to that Plea doth not answer nor doth the same any wayes deny The said Thomas Albany as at first prayeth Judgement and that the said John Grendon from having his Action aforesaid against the said Thomas Albany be barred c. And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid here before the Lady the Queen at VVestmin until Thursday next after the Morrow of the Purification of the Blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here is not yet c. TRESPAS Hillary Term Anno 31o. ELIZABETH Rot. 65. in the KINGS-BENCH C. 1. part Chudleighs Case fol. 113. b. MEmorandum That at another time That is to say Hillary Term Devon last past before the Lady the Queen at Westminster came William Dillon Esquire by Edward Hall his Attorny And brought here in the Court of the said Lady the Queen then there his Bill against John Frayne in the Custody of the Marshal of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss William Dillon Esquire complaineth of John Frayne in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that That he the 6th day of November in the yeer of the Reign of the said Lady the Queen that now is the 29th with force and Arms c The Close of him the said William called Sedan Close at Tawestock in the County as aforesaid brake and entred and his grass â—â—ere to the value of 5. pound then and there growing with his Cattel that is to say with Horses Oxen Cows Hoggs and Sheep fed trod and consumed continuing the Trespass aforesaid as to the treading and consuming the grasse from the aforesaid 6. day of November the yeer 29th aforesaid until the bringing of this Bill that is to say the 8th day of February in the yeer of the Reign of the Lady the Queen that now is the 30th divers dayes continuing and diverse other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said VVilliam 40. Marks And thereof he bringeth Sute c. And now at this day that is to say Thursday next after 8. dayes of Saint Hillary this Term until which day the said John Frayne had license to imparl to the said Bill and then to answer c. before the Lady the Queen at Westminster cometh as well the said William Dillon by his Attorny aforesaid as the aforesaid John Frayne by John Halstaf his Attorny and the said John Frayne defendeth the force and injury when c. And saith that he is not thereof guilty and of this puts himself upon the Country and the said VVilliam Dillon likewise c. Therefore a Jury was to come before the Lady the Queen at VVestminster upon Tuesday next after 8. dayes of the Purification of the blessed Mary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the processe thereof was continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 7th day of July at the Castle of Exeter in the County aforesaid by the form of the Statute c. câ—me for default of Jurors c. At which Thursday next after 8. dayes of Saint Michael befoâ—â— the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief Justices of the Lady the Queen of the Bench and Thomas Gent one of the Barons of the Exchechequer of the Lady the Queen Justices of the said Lady the Queen to Assizes in the County of Devonshire assigned by the form of the Statute c. came as well the within named VVilliam Dillon by Morrice Evans his Attorny as the aforesaid John Frayne by Thomas Felton his Attorny
to the value of 20. l. growing with certain cattel trod and consumed and other harms to him did to the grievous damage of him the said William Thoroughgood and against the Peace of the Lady the Queen that now is c. And whereupon The said William Thoroughgood by William Aylesbury Attorney complaineth That the aforesaid William Cole the 12th day of October in the year of the Reign of the Lady the Queen that now is the 23. with force and arms the Close and House of him the said William Thoroughgood at great Paringdon aforesaid brake and his grass to the value c. there late growing with certain cattel that is to say Horses Cows Hogs and Sheep fed trod and consumed the Trespass aforesaid as to the feeding treading and consuming of the grass aforesaid from the aforesaid 12th day of October in the 23th year abovesaid until the day of the bringing of this Writ Original of him the said William Thoroughgood that is to say the 6th day of November then next following diverse dayes and terms continuing and other harms c. To the grievous damage c. and against the Peace c. and whereupon he saith he is the worse and hath damage to the value of 40. l. and thereof he bringeth Sute c. And the aforesaid William Cole by Thomas Reynolds his Attorney cometh and defendeth the force and injury when c. And as to the coming with force and arms he saith That he is not guilty thereof and of this puts himself upon the Country and the aforesaid William Thoroughgood likewise And as to the rest of the Trespass aforesaid above supposed to be done The said William Cole saith That the aforesaid William Thoroughgood ought not to have his Action against him because he saith That the Close and House aforesaid as also the places in which it is supposed the Trespass aforesaid to be done are and at the time of the Trespass aforesaid above supposed to be done were one Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenement in great Paringdon aforesaid which Tenements with the apturtenances are and the aforesaid time of the Trespass aforesaid above-supposed to be done were the soyl and Freehold of him the said William Cole for which the aforesaid William the aforesaid time in which c. the Close and House aforesaid as his Close and soyl and Freehold of him the said William into the same Messuage and two Acres of Meadow with the appurtenances brake and the grass of him the said William Cole there of his own there growing with his Cattel did feed tread and consume as it was lawfull for him to do And this he is ready to aver whereupon he demandeth Judgemēt whether that the aforesaid Wil. Thoroughgood his action aforesaid against him ought to have c. And the aforesaid William Thoroughgood saith That he for any thing before alledged from having his Action aforesaid ought not to be barred because he saith That the Close and house and also the places in which the Trespass aforesaid whereof he above maketh complaint was are and at the time of the Trespass aforesaid done were one Messuage called Burrowes 8. Acres of Land called the great West field four Acres of Land called Diggins Holme and six Acres of Land called Grove field with the Appurtenances in great Paringdon aforesaid others then the aforesaid Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenements in the Bar of the aforesaid William Cole above specified and this he is ready to aver wherefore in as much as the said William Cole to the Trespass aforesaid in the Tenements aforesaid with the Appurtenances new assigned over doth not Answer the aforesaid William Thoroughgood demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole as to any Trespass in the aforesaid Tenements now assigned supposed to be done he saith That the aforesaid William Thoroughgood his action against him ought not to have because he saith That long before the aforesaid time of the Trespass aforesaid above supposed to be done That the aforesaid William Thoroughgood was seized of the said Tenements with the Appurtenances new assigned in his Demesn as of Fee and so thereof being sized before the aforesaid time in which c. A Fine was Levied in the Court of the Lady the Queen that now is here that is to say at Westminster in 8. days of St. Hillary in the 10th year of her Reign before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards from the day of Easter in 14. days then next following granted and recorded before the same Justices and other the Queens faithfull peuple then and there present between William Chicken and Elizabeth his wife Plaintiffs and the aforesaid William Thoroughgood and Agnes his wife Defendants of the Tenements aforesaid with the Appurtenances amongst other things by the names of one Messuage one Garden 45. Acres of Land 5. Acres of Meadow 10. Acres of Pasture and four Acres of Wood with the Appurtenances in great Paringdon and Avydon whereof a Plea of Covenant was sued between them in the said Court here That is to say that the aforesaid Will. Thoroughood Agnes his wife acknowledged the Tenements aforesaid to be the Right of the said VVilliam Chicken as those which the said VVilliam and Elizabeth had of the gift of the aforesaid VVilliam Thoroughgood and Agnes and them remised and quit claimed from them the said VVilliam Agnes and their Heirs to the aforesaid VVilliam Chicken and Elizabeth the Heirs of the said VVilliam forever which Fine in form aforesaid levied and had was levied to the use of the aforesaid William Chicken and Elizabeth and the Heirs of the said William forever By vertue of which Fine the aforesaid William Chicken and Elizabeth were seized of the Tenements aforesaid that is to say The said William Chicken in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for the term of her life And the said William and Elizabeth so thereof being seized before the aforesaid time in which c. Of the said Tenements with the Appurtenances enfeoffed one Edward Turner Esauire To have to him and his Heirs for ever By vertue of which Feoffment the aforesaid Edward was of the Tenements aforesaid with the Appurtenances seized in his Demesn of Fee By which the said William Cole as servant to the said Edward and by his Commandment the aforesaid tim in which c. the Close and House aforesaid as the Close and House soyl and Freehold of the said Edward his own brake and the grass aforesaid as the proper grass of him the said Edward in the Tenements aforesaid with the Appurtenances new assigned then growing with his Cattel aforesaid fed trod and consumed as it was lawfull for him to do And this he is ready to aver whereupon he
to the Sheriff that he cause to come from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. To Recognize c. Because as well c. Afterwards the processe was continued between the parties aforesaid of the Plea aforesaid by Jurors put between them in respite here until this day that is to say the Morrow of Saint Martin in the yeer of the Reign of the Lady the Queen that now is 25th And now at this day come as as well the aforesaid VVilliam Thoroughgood as the aforesaid VVilliam Cole by their Attornies aforesaid And the Jurors thereof impannelled likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath that the aforesaid VVilliam Thoroughgood is a Lay-man and unlearned and that divers arrerages of the yeerly payments aforesaid to the aforesaid VVilliam Thoroughgood the aforesaid time of making of the aforesaid Writing of Release were unpaid And also that the said Wriging of Release at the time of the sealing thereof was not read to the aforesaid VVilliam Thoroughgood But after one Thomas VVard had begun to read that Writing to the aforesaid VVillam Thoroughgood One John VVard snatcht that Writing out of the hands of the aforesaid Thomas before he had read the first line thereof saying to the aforesaid VVilliam Thoroughgood these words following Good-man Thoroughgood you are a man unlearned and I will declare it unto you and make you understand it better than you can by hearing it read And afterwards the aforesaid John VVard declared the aforesaid Writing of Release to the aforesaid VVilliam Thoroughgood in these words following Good-man Thoroughgood the effect of it is this That you do release to VVilliam Chicken all the arrerages of Rent that he doth ow you and no otherwise and then you shall have your Land again meaning the Tenements aforesaid of new assigned To which the aforesaid VVilliam Thoroughgood then answered in these words following that is to say If it be no otherwise I am content And upon that The said VVillam Thoroughgood giving credit to the words of the aforesaid John VVard then and there sealed the said Writing of Release and delivered it to the aforesaid VVilliam Chicken But whether upon the whole matter in form aforesaid found The said Writing of Release be and in Law ought to be adjudged the deed of the aforesaid VVilliam Thoroughgood or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise of the Justices and the Court here And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here that the Writing is not nor ought in Law to be adjudged the deed of the aforesaid VVilliam Thoroughgood Then the said Jurors say upon their Oath That the aforesaid Writing of Release is not the deed of the aforesaid VVillliam Thoroughgood as the said William above allegeth and they assesse Damages of the said William Thoroughgood by occasion of the Trespasse aforesaid above his costs and charges by him in this part about his Sute expended to 20. shillings and for his costs and charges to 12. pence And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the Writing aforesaid of Release is the deed of the aforesaid William Thoroughgood as the aforesaid VVilliam Cole above hath alleged Then the said Jurors say upon their Oath That the said Writing of Release is the deed of the aforesaid William Thoroughgood as the said William Cole above hath alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to here their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole 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 from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And upon this The premises being seen and by the Justices here fully understood It is granted That the aforesaid William Thoroughgood shall recover against the said William Cole his damages to 21. shillings by the Jurors aforesaid in form aforesaid assessed as also 23. pound 19. shillings to the said VVilliam Thoroughgood at his Request for his costs and charges aforesaid by the Court of Encrease adjudged which damages in the whole do amount to 25. pound and that the aforesaid VVilliam Cole be taken c. TRESPAS Easter Term Anno 310. ELIZABETH Rot. 115. in the COMMON-PLEAS C. 2. part Baldwins Case fol. 18. CCristopher Marton late of Marton in the County aforesaid Esquire was York Attached to answer Anthony Baldwin of a Plea wherefore with force and Arms the Close of him the said Anthony at Marton he brake and his Corn there to the value of 10. pound there late growing with his Feet trod and consumed and other harms to him did to the grievous damage of him the said Anthony and against the Peace of the Lady the Queen that now is c. And whereupon the said Anthony by Robert Somervile his Attorny complaineth That the aforesaid Christopher the 10th day of September in the yeer of the Reign of the Lady the Queen that now is the 30th with force and Arms the Close of him the said Anthony at Marton broke and his Corn that is to say Oats to the value c. then there late growing with his Feet trod and consumed And other harms c. Whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth Sute c. And the aforesaid Christopher by VVilliam Barton his Attorny cometh and defendeth the force and injury when c. And as to the force and Arms he saith that he is thereof not guilty And as to the rest of the Trespass aforesaid supposed to be done The said Christopher saith That the aforesaid Anthony his Action against him ought not to have Because he saith That the Close aforesaid as also the places in which it is supposed the Trespass aforesaid to be
by these presents covenanteth granteth demiseth and letteth to Farm to the said Agnes and Anthony and to the Heirs of the same Anthony The said Tenement Mese or Farm called Vngthorp in the Parish of Marton in Craven in the County of York together with the Closures Feedings Pastures arable Lands Meadows Woods Waters Common of Pasture in the Moors of East and West Marton Common of Turbury with free passage to and fro the same Common of Easton to a Ground or Meadow called Tadholm lying in the demesn Closes of Marton Hall and all Houses Barns Boons and Buildings to the same Tenement or Farm called Vngthorp belonging or in any wise heretofore appertaining now and of old time being of the only yeerly Rent of 53. shillings and 4. pence To have and to hold the same Tenement or Farm called Vngthorp with all singular the premises with the Appurtenances to the same Agnes and Anthony and to the Heirs of the same Anthony from the date hereof to the end and Term of 99. yeers next and immediately following and fully to be compleat and ended and so from 99. yeers to 99. yeers until such time as 300. yeers be spent fully finished and expired without impeachment of any manner of Waste in and as ample free and large manner as ever Nicholas Simson Hugh Baldwin and the said Agnes Baldwin or any other Tenant or Farmer of the said Tenant or Mease of Vngthorp with all the singular the premises with the Appurtenances ever occupied or might have occupied the same without interruption let disturbance denial contradiction or resistance of the same Earl or of his Heirs and Assigns or of any other Officer Farmer or Farmers of the same Earls of the Manor or Capital Mese called Marton Hall for the time being or of any other at or by Will Assent Consent or furtherance of the same Earl his Heirs and Assigns And further the said Agnes and Anthony Covenanteth and Granteth by these presents for them and the Heirs of the said Anthony to and with the same Earl that they the same Agnes and Anthony and the Heirs of the same Anthony shall yeerly during the said Term at the Feast of Saint Michael the Archangel and within 40. dayes after for certain urgent considerations content and pay or cause to be contented and paid to the said Earl his Heirs and Assigns as well a Penny separately by it self as 5. shillings 4. pence Sterling in a grosse and intire sum if it be asked for the which payment of the said single Penny and of the said 5. shil 4. pence The said Earl covenanteth granteth for him his Heirs Assigns to and with the said Agnes and Anthony to discharge save harmless from time to time all the said Land and Tenements And the said Agnes and Anthony and the Heirs of the same Anthony as well of and from the payment of the said penny as for the payment of the sum of 4. shillings 4. pence as of all other Sutes Exactions Boons Gressions Fines Customs and all other Impositions or Demands whatsoever they be concerning the same Messuage or Tenement called Vngthorp and all other the premises with the Appurtenances during the said Term now granted or any time hereafter by force of this Indenture to be granted by the Earl and his Heirs as well against our Sovereign Lord the King and his Heirs as against all other person or persons whatsoever they be And further the said Earl covenanteth to and with the said Agnes and Anthony by these presents That the said Earl his Heirs and Assigns shall at the end and Term of 300 yeers make or cause to be made to the Heirs or Assigns of the said Anthony a like Demise and Lease of the said Messuage or Tenement and all other the premises with the Appurtenances if it be asked for so many more yeers as is contained in this Lease And the same Lease to be of like force effect and strength in the Law as this present is without any Covin Fraud Collusion Denyer or male Engine but truly and faithfully according to the true puport and meaning of these presents In witnesse whereof the parties abovesaid to these Indentures interchangeably have set their Seals the day and yeer abovesaid And the said Jurors further say upon their Oath That no licence or seisin of the Tenements aforesaid or any part thereof was delivered to the aforesaid Agnes Anthony or to any of them upon the Indenture aforesaid And that the aforesaid Agnes and Anthony had held the Tenement Mese and Farm aforesaid with the Appurtenances whereof the aforesaid 4. acres with the Appurtenances in which c. are and then were parcel as the Law in this case requireth And the said Agnes and Anthony so having and holding the Tenement Messuage and Farm aforesaid with the Appurtenances whereof the 4. acres in which c. are and then were parcel the said Agnes the last day of October in the yeer of the Reign of the said Lady the Queen that now is the 5th at Marton aforesaid in the County aforesaid dyed And the aforesaid Anthony her overlived and continued the possession of the Tenements Messuage and farm aforesaid with the Appurtenances whereof the aforesaid 4. acres of Land with the Appurtenances in which c. are parcel and took the profits thereof and had occupied and held the Tenement Messuage and Farm aforesaid whereof the aforesaid 4. acres of Land with the Appurtenances in which c. with the Appurtenances are parcel of such estate and interest as the Law in this case requireth And he having occupying and holding the Tenement Messuage and Farm aforesaid whereof the within written 4. acres of Land are parcel The aforesaid Henry late Earl of Cumberland dyed having issue George now Earl of Cumberland his Son and Heir And the said George Earl of Cumberland entred into the Tenements aforesaid And afterwards that is to say the 17th day of April in the yeer of the Reign of the said Lady the Queen that now is the 24th enfeoffed the aforesaid Christopher Marton of the aforesaid 4. acres of Land with the Appurtenances To have to the said Christopher and his Heirs for ever And that the aforesaid Anthony at the time of the making of the Feoffment aforesaid and after that Feoffment made hitherto continued possession as well of the aforesaid 4. acres of Land with the Appurtenances as of the Messuage and rest of the Tenements and Farm aforesaid But yet the Jurors further say That before the Feoffment aforesaid the aforesaid Rent to the aforesaid Henry late Earl of Cumberland and his Heirs by the Indenture aforesaid granted as well to the aforesaid Henry Earl of Cumberland in his life and after the death of him the said late Earl to the aforesaid George now Earl of Cumberland as to the aforesaid Christopher Marton after the Feoffment aforesaid by the aforesaid Anthony was paid And the said Jurors further say upon their Oath
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices
And that the said Thomas Sutton during his life and after his decease the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors for ever and the Governours of the said Hospital for the time being and their Successors shall have full Power License and lawful Authority at his or their Wills and Pleasures from time to time and at all times hereafter to place therein such number of poor Children or Scholars as to him the said Thomas Sutton during his life and after his decease to the said Governours and their Successors and to the Survivors or Survivor of them and his and their Successors and to the Governours of the said Hospital for the time being and their Successors shall seem convenient And also one godly and learned Preacher to teach and preach the Word of God to all the said persons poor People and Children As also one learned able and sufficient person to be the School-Master of the said School and one learned able and sufficient person to be the Usher thereof to teach and instruct the said Children in Grammar And further we of our said special Grace certain Knowledge meer Motion have ordained constituted assigned limitted appointed and by these presents for us our Heirs and Successors do ordain constitute assign limit and appoint That the said House and other the premises shall from henceforth for ever hereafter be remain continue and be converted imployed and used for an Hospital and House and Place for the abiding sustentation and relief of such number of poor People Men and Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and all and every the Governours of the said Hospital for the time being and their Successors shall name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there and for the abiding dwelling sustentation and relief of such number of poor Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and the Governours of the said Hospital for the time being shall from time to time name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there And for the abiding dwelling sustentation and finding of one School-Master one Usher and one Preacher as is aforesaid and of one Master or Head of the said House and Hospital And that it shall and may be lawful to and for the said Master Preacher School-Master Usher poor people Children Men and Officers of the said Hospital or therein to be placed for the time being to assemble be remain abide and cohabit together in the said Hospital And that the said Hospital shall for ever hereafter be incorporated named and called the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq And the same Hospital and Free-school by the name of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq We do firmly by these presents for us our Heirs and Successors erect found establish and confirm to have continuance for ever And for the better maintainance and continuance of the said Hospital and Free-school and the said godly and charitable uses intents and purposes and that the same may have and take the better effect and that all and every the Manors Lands Tenements and Rents Reversions Services and Hereditaments Goods and Chattels granted conveied assigned devised willed limitted and appointed for the maintainance sustentation and relief of the persons aforesaid in the same Hospital may be the better governed used imployed and bestowed for the mantainance of the persosn in the said Hospital for the time being to have continuance for ever We Will Ordain and do appoint assign limit and name and for us our Heirs and Successors do grant and ordain by these presents That there shall be for ever hereafter 16. persons who shall be called Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire And for that purpose we have elected nominated ordained assigned constituted limitted and appointed and by these presents do for us our Heirs and Successors elect nominate ordain assign constitute and appoint The Right Reverend Father in God George now Arch Bishop of Canterbury our trusty and Well-Beloved Counsellor Thomas Lord Ellesmere Lord Chancellor of England our trusty and Well-Beloved Cosin and Counsellor Robert Earl of Salisbury Lord High Treasurer of England John the elect Bishop of London Launcelot now Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Thomas Foster Knight one of our Justices of our Court of Common-Pleas Sir Henry Hobart Knight and Baronet our Attorny General John Overal now Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of our Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and the Master of the Hospital of King JAMES founded in the Charter House within the County of Middlesex At the humble Petition and onely costs and charges of the said Thomas Sutton Esquire and such person and persons as shall be from time to time Master or Masters of the said Hospital for and during such time as they shall be Master or Masters thereof to be the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and that they and the Survivors of them and such as the Survivors or Survivor of them from time to time Elect and Chuse to make up the number of 16. when and as often as any of them or any of their Successors shall happen to decease or to be removed from being Governours or Governour thereoâ— shall be incorporated and have a perpetual succession for ever in Deed Fact and Name and shall be one Body Politick and Corporate And that the said persons and their Successors and the Survivors and Survivor of them and his and their Successors and such as shall be elected and chosen to succeed them as aforesaid shall be incorporated named and called by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition
and onely costs and charges of Thomas Sutton Esquire And them by the name of 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 One Body Corporate and Politick by that name to have perpetual succession for ever to endure We do by these presents for us our Heirs and Successors really and fully incorporate make erect ordain name constitute and establish And that by the same 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 onely costs and charges of Thomas Sutton Esquire they and their Successors and the Survivors and Survivor of them and his and their Successors the persons to be elected and chosen as aforesaid shall for ever hereafter be incoporated named called and shall by the same name have perpetual succession for ever And that they by the same name be and shall be and continue persons able and capable in the Law from time to time and shall by that name of Incorporation have full Power Authority and lawful capacity and ability to purchase take hold receive enjoy and have to them and their Successors for ever as well Goods and Chattels as Manors Lands Tenemēts Rents Reversions Annuities Hereditamēts whatsoever as well of us our Heirs Successors as of the said Th. Sutton his Heirs Executors or Assigns or any other person or persons whatsoever And also that the said Governours for the time being and their successors shall have full power and Lawful authority by the aforesaid name of Governours of the Lands Possessions Revenues 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 to sue and be sued implead and to be impleaded to answer and to be answered unto in all manner of Courts and Places that now are or hereafter shall be within this our Realm or elsewhere aswell Temporal as Spiritual in all manner of Sutes whatsoever and of what nature and kind soever such Sutes or Actions be or shall be in the same and as ample manner and form and to all intents constructions and purposes as any other person or persons Bodies politick or corporate of this our Realm being persons able in Law may do And furthermore We will and grant by these presents for us our Heirs and Successors unto the said Governours for the time being and their successors that they and their successors shall have and enjoy for ever a Common Seal wherein shall be engraven the name and Arms of the said Thomas Sutton whereby the said Corporation shall or may Seal any manner of Instrument touching the same Corporation and the Manors Lands and Tenements Rents Revenues Annuities and Hereditaments Goods Chattels and other things thereunto belonging or in any wise touching or concerning the same Nevertheless it is our intent and meaning that the Governours for the time being and their successors nor any of them shall do or suffer to be done at any time hereafter any Act or thing whereby or by means whereof any of the Manors Lands Tenements Rents Reversions Annuities or Hereditaments of the said Corporation or any Estate Interest Possession or Property of or in the same or of any of them shall be conveyed Vested or Transferred in or to any other whatsoever contrary to the true meaning hereof only than by such senses as are hereafter mentioned and that in such manner and form as is hereafter expressed and not otherwise And that such construction shall be made upon this Foundation and Incorporation as shall be most beneficial and availeable for the maintenance of the Poor and for the repressing and of all Acts and devises to be mentioned or put in Ure contrary to the true meaning of the presents And therefore our will and plasure is and so for us our Heirs and successors we do ordayn that the said Governours for the time being or their successors or any of them shall not make any Lease Grant Conveyance or estate of any the Manors Lands Tenements or Hereditaments which shall exceed the number of 21. yeers and that either in possession or not above two yeers before the end or expiration or determination of the estate or estates in posseffion whereupon the accustomable yeerly rent or more by the greater part of five yeers next before the making of any such Lease reserved due and payable shall be reserved and yeerly payable during the continuance of every such Lease And also we do ordayn grant and appoint by these presents for us our Heirs and successors that so often and whensoever any one or more of the said Commissioners for the time being or any other Governour or Commissionor that shall be chosen hereafter shall fortune to depart his life or to be removed from his or their place of Governour or Governours that then and so often the residue of the said Governour or Governours and their successors shall be continue and remain incorporate by the name of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charter House within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire to all intents constructions and purposes according to to the true meaning of these presents as if all the said Governour and Governours had continued and that then and so often it shall be Lawfull for the rest of the Governours or the greatest number of them to elect nominate chuse and appoint one or more meet person or persons according to the true intent and meaning of these presents into the Room and place or Room and Places of every such Governour or Governours which shall so depart this life or be removed which person and persons so nominated elected chosen and agreed uppon by the said Governours or the greater number of them shall be and shall be taken and reputed to be from the time of his and their election to be from thenceforth together with the others Governours of the said Hospital And after this manner to proceed whensoever and as often as need shall require And the same election to be made within two Moneths that any of the said Governour or Governours shall depart this Life or be removed and that the aforesaid Thomas Sutton during his life and after his decease the said Governours for the time being or the more part of them shall have full power and authority to nominate assigne appoint and shall and may name assign and appoint when and as often as he and they shall think good such number and numbers of person and persons as he and they shall think convenient to be Poor men Children and Scholars Master Preacher
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
said Lady the Queen of the Bench here at Westminster in Easter Term in the yeer of the Reign of the said Lady the Queen the 30th abovesaid before the then Justices of the said Lady the Queen of the Bench here as the deed of the said William Haw by him the said William acknowledged and within 6. Moneths then next following that is to say the same Easter Term in due manner in the said Court of Record inrolled according to the form of the Statute in such case made and provided for and in consideration of 120. pound to the said William by the said Richard before that time paid bargained and sold to the said Richard amongst other things the Reversion aforesaid To have and to hold to him and his Heirs for ever By Colour of which Bargain and Sale and Inrollment aforesaid and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th holden at Westminster in the County of Middlesex the 4th day of February in the yeer his Reign the 27th Of transferring of uses into possession the aforesaid Richard was and yet is seised of the Reversion aforesaid in his Demesn as of Fee And the said Richard so thereof being seised and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances to her in form aforesaid granted being possessed The said Elizabeth did waste spoyle and destruction of the Lands that is to say in digging in 10. Acres of Land in Goring aforesaid parcel of the Tenements aforesaid to the aforesaid Robert demised 100. loads of Clay taking for the price of every load of Clay thereof 8. pence and cutting down and selling of the Woods also in a certain Wood called Heighgrove containing 10. Acres of Wood with the Appurte in Goring aforesaid and parcel of the Tenements aforesaid with the Appurtenances to the said Robert above in form aforesaid demised 20. Oaks the price of every Oak 5. shillings through the said whole Wood here and there growing and in a certain other Wood called the Hedge Row lying in Goring aforesaid near the aforesaid Wood called Heighgrove in Goring aforesaid parcel of the Tenement aforesaid with the Appurtenances in form aforesaid to the aforesaid Robert demised 40. Oaks the price of each of them 6. shillings through the said whole Wood here and theregrowing and in a certain Coppice called Home Coppice in Goring aforesaid parcel of the aforesaid Tenements with the Appurtenances to the said Robert in form aforesaid above demised 100. Oaks price of each of them 10. shillings in the said Coppice called Home Coppice late growing here and there And in 20. Acres of Pasture called the Hanging in Goring aforesaid lying there bebetwixt a certain Close called High grove hill and another Close called Dicker grove hill that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised 10. Oaks price of each of them 6. shillings Six Ashes price of each of them 5. shillings and 10. Beeches price of each of them 6. shillings in the aforesaid 20. Acres of Pasture likewise late here and there growing and in a certain Hedge of a certain Close called Home field in Whitchurch aforesaid that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised lying near unto a Wood called Hawes Coppice 3. Oaks price of each of them 10. shillings and one Beech price 10. shillings and in a certain other Hedge of the Close aforesaid called Home field in VVhitchurch aforesaid that is to say parcel of the Tenements aforesaid to the aforesaid Robert in form aforesaid demised lying near to the aforesaid Wood called Home Coppice 10. Oaks price of each of them 20. shillings and also in suffering the sprouts of the Roots of 20000. other little Oaks called Oakesciapling of 20000. Beeches and 200. Ashes to the value of 20. pound in the said Wood called Heigh grove and 10000. of other little Oaks called Oakesapling 10000. of Beeches and 100. of Ashes to the value of 20. pound in the aforesaid Wood called the Hedge Row and 10000. of Oaks 10000. of Beeches and 200. of Ashes in the aforesaid Coppice called Hawe Coppice by the said Elizabeth through the whole Woods here and there growing to be cut and to be eaten and utterly destroyed and wasted with Cattel to the dissenherisin of the said Richard and against the form of the Provision aforesaid Whereupon he saith he is the worse and hath damage to the value of 200. pound and thereof he bringeth Sute c. And the the aforesaid Elizabeth by Ralph Burges her Attorny cometh and desendeth the force and injury when c. And whatsoever c. And saith that the aforesaid Richard his Action against her ought not to have Because she saith That well and true it is That the aforesaid William Haw was seised of the Tenements aforesaid with the Appurtenances in his Demesn as of Fee and being thereof so seised the aforesaid 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th abovesaid By his Indenture demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances except before excepted To have and to hold to him and his Assigns from the aforesaid Feast of the birth of our Lord then last past until the end and Term of the aforesaid 16. yeers then next following and fully to be compleat and ended By virtue of which demise the aforesaid Robert into the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the aforesaid 20th day of August abovesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid premises with the Appurtenances above demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised entred and waâ— thereof possessed as the aforesaid Rich. by his Declaration above supposeeth But the said Elizabeth further saith That the said Elizabeth of the Tenements aforesaid with the Appurtenances above demised in form aforesaid being possessed and the said William Haw of the Reversion thereof being seised in his Demesn as of Fee after the aforesaid 7th day of May in the 30th yeer aforesaid and before the aforesaid Indenture of Bargain and Sale Between the aforesaid William of the one part and the aforesaid Richard of the other part made in the Court of the Lady the Queen of the Bench in form aforesaid was inrolled A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here that is to say at WESTMINSTER aforesaid from the aforesaid day of Easter in 15. days in the yeer of her Reign the 30th abovesaid before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said
Lady the Queen of the Bench and other of the said Lady the Queens leige People then there present Between the aforesaid Richard by the name of Richard Libb Gentleman Plaintiff and the aforesaid William Haw and Ellen his Wise Deforceants of the Tenements aforesaid above in form aforesaid demised amongst other things by the name of One Messuage One Cottage Two Gardens 70. Acres of Land One Acre of Meadow 10. Acres of Pasture 60. Acres of Wood and 10. Acres of Furz and Heath with the Appurtenances in Goring and Whitchurch aforesaid in Maple Decam in the County aforesaid whereupon a Covenant was summoned betwixt them in the said Court that is to say that the aforesaid Williliam and Ellen acknowledged the Tenements aforesaid to be the Right of him the said Richard as those which the said Richard had of the gift of the aforesaid William and Ellen and them remised and quit claimed from them the said William and Ellen and their Heirs to the aforesaid Richard his Heirs for ever And further the said William and Ellen granted for them and the Heirs of the said William that they warrant to the aforesaid Richard and his Heirs the aforesaid Tenements with the Appurtenances against all men for ever as by the said Fine here in Court of Record Remaining more fully appeareth Which Fine in form aforesaid had and levied was to the use of the aforesaid Richard and his Heirs After which Fine so as afore is said levied that is to say the 20th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Indenture to the aforesaid Richard as before is said made before the aforesaid Justices of the said Lady the the Queen of the Bench here was inrolled And the said Elizabeth further saith That she to that grant of the Reversion of the Tenements aforesaid with the Appurtenances above as afore is said demised by virtue of which Fine aforesaid the aforesaid Richard did not attorn or agree And this she is ready to aver Whereupon she demandeth Judgement if the aforesaid Richard his Action aforesaid against her ought to have c. And the aforesaid Richard saith That the aforesaid Plea of the aforesaid Elizabeth above in Bar Pleaded and the matter in the same contained is insufficient in Law to bar him the said Richard to have his Action aforesaid against the aforesaid Elizabeth And that he to that Plea in form aforesaid pleaded needeth not nor by the Law of the Land is bounden to Answer And this he is ready to aver Wherefore for want of a sufficient Plea in Bar in this behalf made the aforesaid Richard demandeth Judgement and his damages by the occasion of the Waste aforesaid to be to him adjudged And the aforesaid Elizabeth in as much as she hath alleged sufficient matter in Bar of the Acton aforesaid which she is ready to aver which matter the aforesaid Richard doth not deny nor to the same any wayes answereth but to that averment altogether refuseth demandeth Judgement and that the aforesaid Richard be barred from having his Action aforesaid against her c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet FINIS THE TABLE A. AButtals of Acres set forth Folio 271 Action upon the Case for turning the Course of a water from a Mill 1 Vpon Assumpsit by a Woman Exâ—cutrix to pay mony upon forbearance not to molest her 7 Act of Parliament special to erect and found an Hospital 368. with the particulars of a foundation 368. 369 Adjornment of an Assize and for what Cause 18 19 Of Pleas 18 22 161 232 257 337 Of the Term 161 232 257 337 338 Agreement to pay Rent if it amount to an Attornment 271 Aid 266 Administration of goods committed 72 73 Alien born one born in Scotland since 1 Jac. nor Alien 10 Amoveas Manum 190 Arrests upon the Sabboth day 148 whereupon Arrest the Sergant is to shew his Mace c. 148 149 Arbitrament 25 Attornment 271 Two Joynts for life upon a grant of the Reversion one attorneth and good 354 355 Of one Joyntment is the Attornment of both 354 Audita Querela the form of it 21 To discharge the party out of Execution being taken upon a Capias ut lagaâ—um after juâ—gement 21 â—2 Averâ—ment 190 20â— 213 217 226 266 2â—0 â—26 Of Plea 10 24 26 Where it is Collateral of a thing out of the deed â—3 Authority of the Presidâ—nt and â—ensors of the Colledge of Physicâ—ans in London and the extent of it 131 Where it doth not extend to Doctors of Physick in the Vniverslties 134 135 Avowry 220 237 238 259 268 For Arrerage of a Rent charge granted by Tenant in tail â—n remainder 222 The taking of an Ox for a Heriot 269 For Arrerages of Rent 271 B. BAil 220 153 Bar 11 12 144 154 163 221 251 252 269 271 19â— 233 238 241 242 301 345 Fine annd Recâ—â—ery by Tenant in tâ—il is a Barr of a Rent granted by him in the remainder 224 In Avowry 260 In Audita Querela 22 In Dower 31 32 33 A grant of the King a Barr in a Scâ—re Facias to repeal Letters Pâ—â—ents 287 288 In Trespass 307 324 340 Of Conusance 252 Bargain and Sale 119 288 325 154 Of Lands to the Queen 160 Of Lands to Vses 171 172 By Tenant in tail 170 Of aterm for yeers 73 Of the Charter-house and of Lands belonging to it 372 373 374 Of Deeds Charters and Evidences 374 Of Lands to the Governours of an Hospital 390 391 392 Where it shall not relate to avoid a Fine 398 399 C. CErtificate of the Causes of disfranchising a Citizen or Burgess and removing him from his place and Office 274 to 279 Conditions to stand to an Award and Arbitrament 25 Not to alien a Term for years 70 Where broken because the thing is not done within convenient time 161 Where broken because the partâ— hath dissabled himself to perform it 161 Not to alien or discontinue Lands intailed 311 312 313 Colour 308 325 Common Recovery 244 312 The form of pleading it 41 59 320 86 141 Vses of it declared by a deed subsequent to the Recovery 12 In the Court of Hustings in London in a Writ of Right Patent 57 58 Where a Bar of an Estat 〈…〉 l 42 43 By Tenant in tail an 〈…〉 Release with warranty where shall bind the issue in tail 138 139 140 141 142 Vpon a Writ of Right Patent 138 Suffered by Tenant in tail 312 313 To Vses 86 87 88 89 139 Considerations 86 What good to ground an Assumpsit upon 6 7 What good to raise Vses 39 40 102 308 Confess and avoid 215 223 Confirmations 255 Of the King of a Lease
107 191 215 285 286 316 329 Issue joyned upon seisin of services 266 Judgement 209 Where it is Concessum where Conside ratum est 3 5 8 20 63 97 101 In an Action upon the Case 3 5 8 In an Assize 20 In Debt upon Escape against a Sheriff 50 In Ejectione Firme 63 105 Given against the Queen 175 218 Reversed 184 In a Replevin 232 237 257 264 In Trespass 315 323 339 352 Jurisdiction of Courts In what cases Jurisdiction belongs to the Ecclesiastical Court in what to the Common-Law 210 219 Sute in Ecclesiastical Court for not paying a Tax for the Repair of a Church 219 Ecclesiastical Judges refuse to allow a plea 219 Justification Where not in an Action of False Imprisonment 133 134 L. LEases 210 259 Of Lands with a stock of Cattel 210 By a Bishop confirmed by the Dean and Charter Of a Rectory Tithes c. 70 Livery and Seisin where good where not 264 Licence Of the King to be absent from executing an Office for a time 301 Of the King to found and erect an Hospital London The Custom there to demise their Lands 53 The Custom there for levying of Plaints and the manner of Entry of them and where 147 148 M. MIsnosmer Of a Borough incorporated by name Majoris Burgensium Burgi de Lynn And in an Obligation to them made the word â—urgesse is ommitted 28 Monstrans de droit 185 301 O. OBligation Oyer demanded of it 134 Office Trove 166 186 187 found by â—scheator ought to be retorned 177 P. PAtents and Letters Patents 123 167 Of Incorporation of a Borough and by what name they shall take or be sued 28 Of the King of concealed Lands what shall pass 25 Of Incorporating the Colledge of Physicians in London 127 128 129 Of Creation of the Prince Duke of Cornwall and gift of Lands to the Dutchy with a particular of the Lands 280 281 290. to 296 Of the King of Licence and the founding and erecting an Hospital with all the particulars concerning the same 375 376 377 Pleadings Nul tiel record of Capias ut Ligatum 21 22 Non est factum 27 Of an Act of Parliament for incorporating a Burough 28 Nihil debet in Debt against a Sheriff upon Escape 46 In nullo est erratum upon a Judgement in Debt against a Sheriff upon an Escape 50 Of not guilty in part 126 Of a Discent 137 Of an Attainder 165 Of a Fine a Recovery in Bar of a Rent granted by him in the remainder in tail 224 225 226 Nul tiel Record of an Act of Parliament no plea 286 287 And no plea against a Charter of the King inrolled 287 290 Of License of the King to absent for a time for the executing of an Office 301 302 Pledges de prosequend 5â— 69 79 92 106 138 209 220 352 Prescription in a Water-course to a Mill where it extends to a new built Mill 1 To be discharged of payment of Tythes 210 To be discharged of Taxes for repayr of the Church 218 Postea retorned 53 58 Prohibition 209 217 Q. QUo Minus 51 R. REatachment granted upon an Assize 19 Rents granted for life upon a Fine levied with a Nomine paenae 102 Charge granted by Tenant for life and he in the Remainder for life with warranty 246 Releases 137 By a Woman Guardian by Nucture of all Action nec non of hâ—r Dower to him in the Reversion 31 32 General where it shall bind è cour 36 Of Errours 68 With Warranty 137 Of damages recovered 232 A Deed of Release read to a Man illiterate in other words as a general Release where it was intended but an Acquittance for Rent only shall not bind 343 Replication 14 33 135 156 173 Replevin 220 233 237 250 265 276 Retorn of the Sheriff 23 Of a Writ of Summons and Attachment in an Assize 20 Remainder of a Term and of the Residue of years the difference 72 73 74 Revocation of uses of part of the Lands before setled 198. with power to sell them for payment of Debts ibid. Of letters Patents and the Lands to be seized into the Kings Hands 285 Power of Revoking uses and to limit new uses 326 327 Where a Power of Revocation is extinct and by what Act extinct 327 S. SCire Facias to shew why Letters Patents granted by the King should not be repealed 285 Sheriffs delivery over of Prisoners to the new Sheriff 49 Seisin Of one service where it shall be of another 266 267 Of Homage is Seisin of Fealty 367 What shall be said to be a good Seisin of services 267 268 Of Fealty and Sute where good of other services 267 Statutes of 34. H. 8. Of 27. H. 8. of uses 193. 221 239 253 288 308 13 42 57 84 115 172 332 347 375 Of 34. H. 8. Cap. 20 42 Of 31. E. 3. Of Errours 63 64 65 175 Of 1. E. 6. Of Chauntries 116 Of 1. Eliz. Of incorporating the Colledge of Physicians in London 129 130 and to whom it extends not 135 Of 11. H. 7. Cap. 20. 140. Of E. 6. of â—ithes 212. Of 11. E. 3. Of reation of the Prince Duke of Cornwal 280 Of uniting of Lands to the Dutchy of Cornwal 282 283 Of 43. Eliz. Of Confirmation of Letters Patents 289 Of 1. H. 7. Of Confirmation of the Charter of 11. Ed. 3. of the Dutchy of Cornwall 298 Of 19. H. 7. Of Attainder of Edward Earl of Warwick 165 Of 28. H. 8. A special Act for giving Lands to the King 169 Of 31. H. 8. Of Monasteries 347 Surrender Two joynts for life and one surrendreth to him in the Reversion 354 T. TAles de circumstantibus 47 53 80 98 122 157 261 262 330 346 353 Taxes Imposed for the repair of a Church 219 Tenures 187 265 268 271 272 By Knights service 187 By Heriot service 268 Traverse 14 172 155 Of Nul tiel Recovered 156 Trespass 306 315 323 315 329 339 345 352 356 366 New Assignment in 340 For hindring one to execute his Office and receive the profits of it 361 V. VErdict special in Action upon the Case upon Assumpsit 5 Special 15 47 72 73 81 â—3 99 107 123 157 234 262 302 303 304 305 316 343 346 347 353 354 361 362 367 Uses Declared by Indenture dat after the Recovery suffered 11 199 Not raised to the Queen upon a general consideration without averment 82 Vpon a Fine levied 82 83 84 103 239 Vses contingent destroyed by a Feoffment 333 334 Contingent once destroyed shall never Revive 334 335 W. WAste against an Asignee of Lessee for years for waste done in cutting down of Woods 395 Brought by Barganee of a Reversion 396 In cutting down Trees and the value of the Trees 397 Warranty 81 83 242 239 Voucher to Warranty 4 Where Collateral shall bind the issue in tail 137 to 141 Descends upon an Infant where it shall not bind 335 336 Several Warranties by several persons 174 175 Wills 203 235 236 94
30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and of the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House by the name of the Mannor of Collumbine-hall otherwise Thorney Collumbers with the Appurtenances and 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court That is to say That the aforesaid William acknowledge the aforesaid Manor Tenements Rents and premises with the Appurtenances to be the Right of the said David as those which the said David and Robert had of the gift of the aforesaid VVilliam and those released and quit claimed from him and his Heirs to the said David and his Heirs for ever And besides the said VVilliam granted for him and his Heirs That they warrant to the said David and Robert and to the Heirs of the said Dazid the aforesaid Manor Tenements Rents with the Appurtenances against the aforesaid VVilliam and his Heirs for ever as by the Record of the same Fine in the Court of the said Lady the Queen of the Bench here remaing more fully appeareth Which Fine in form aforesaid levied and had was levied and had to the use of the aforesaid David and Robert and their Heirs to the intent and until a perfect Recovery by Writ of the Lady the Queen of Entry for Deseisin of the Post of the Manor and Tenements aforesaid with the Appurtenances were sued against the said David and Robert by one Robert Peirson Gentleman according to the course of Common Recoveries used to be had And the aforesaid Iohn Gardiner and Agnes his Wife of the Manor aforesaid with the Appurtenances whereof for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs in form aforesaid expectant The said Fine in the Conusance of the said William Bredon and John Bredon above second mentioned in form aforesaid was levied in the aforesaid Court of the Lady the Queen here from the day of Easter in 15. day in the yeer 32th abovesaid before the aforesaid then Justices of the said Lady the Queen of the Bench Between the aforesaid John Hâ—gham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid â—illiam Cary and the aforesaid Martha then his Wife Deforceant of the Manor aforesaid with the Appurtenance whereof c. And the aforesaid John Higham and Thomas by the same Fine granted unto the said Martha the aforesaid Annuitity or yeerly Rent of 40. p. to be issuing out of the Manor aforesaid with the Appurtenances and those to her in form aforesaid rendred To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound at the aforesaid Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid John and Agnes or any of them should so long live the first paymeÌ„t therof â—o begin at thaâ— Feast of the Feasts aforesaid which next after the decase of the said VVilliam Cary should happen to be with the aforesaid clause of distresse in the said Fine mentioned As the aforesaid William Bâ—edon and John Bredon by their Conusance aforesaid above suppose By virtue of the levying of which Fine last mentioned so had and levied The aforesaid John Gardiner and Agnes Forfeited their Estate aforesaid for the Term of their lives the life of the longer liver of them in the aforesaid Manor with the Appurtenances whereof c. And afterwards that is to say the aforesaid 24th day of March in in the 35th yeer abovesaid the aforesaid William Cary at Stow-market aforesaid dyed without issue of his Body lawfully begotten After whose death and before the Feast of Saint Michael the Archangel in the yeer of 35th abovesaid The aforesaid Robert Cary Knight by reason of the aforesaid Forfeiture of the Estates of the aforesaid John Gardiner and Agnes and and in the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in Feetail that is to say to him the Heirs of his Body lawfully begotten And so thereof being seized The said Robert afterwards and before the aforesaid time of the taking aforesaid made that is to say the 17th day of March in the yeer of the Reign of the Lady the Queen that now is the 37th abovesaid At Stowmarket aforesaid gave licence to the said Agnes to put her Cattel into the aforesaid place in which c. to eat the grasse in the same then growing By virtue of which licence the said Agnes after and before the aforesaid time in which c. put her Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same Which Cattel were in the aforesaid place in which c. Until the aforesaid VVilliam Bredon and John Bredon the day and yeer above in the Declaration aforesaid above specified At Stow market aforesaid in the aforesaid place in which called the â—arkwood took the aforesaid Cattel of the said Agnes and them unjustly detained against Gages Pledges until c. as she above against them complaineth And this she is ready to aver wherofore in as much as the said William Bredon and John Bredon the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said Agnes demands Judgement and her damages for the occasion of taking and unjustly deteining of her Cattel aforesaid to be adjudged unto her And the aforesaid VVilliam Bredon and John Bredon as to the aforesaid Plea of the Agnes to the Conusance of the said William and John for the aforesaid 20. pound Residue made in Bar pleaded say That well and true it is that the aforesaid Fine in the Bar of the aforesaid Agnes second specified in the aforesaid Court of the Lady the Queen of the Bench aforesaid here in the aforesaid 15. day of Paster in the yeer of the Reign of the Lady the Queen that now is the 3â—th abovesaid before the said Edmond Anderson Francis VVindham and VVilliam Periam then Justices of the said Lady the Queen of the Bench aforesaid here and other of the said Lady the Queens then Faithful People then here present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid VVilliam Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the said Fine in the Bar of the aforesaid Agnes second specified and mentioned in form aforesaid was