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A33635 The declarations and other pleadings contained in the eleven parts of the reports of Sir Edward Coke, Knight, sometime Lord Chief Justice of England and one of His Majesties Council of Estate rendred into English by W. Hughes of Grayes-Inne, Esquire, for the benefit of all students and practizers of the common law ; with a perfect table of the principal matters thereunto annexed.; Reports. English. Selections Coke, Edward, Sir, 1552-1634.; Hughes, William, of Gray's Inn. 1659 (1659) Wing C4917; ESTC R7332 498,043 418

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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 ●aw requireth seised And further the Jurors aforesaid say upon their O●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 a● Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid ●h●mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture af●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 th●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
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 Complai●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
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 Pe●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 Lyskire●● 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 Ca●eford with the Appurtenances in the County of Dorset and the Manor of H●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 we● Free as V●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 Co●●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 ●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 a● 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
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
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
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 K● 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 K● 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 K● 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
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 C●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 Nichol●● 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
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 t●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
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 cōmanded 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 Gui●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 ●opham who prosecutes for the said Lady the Queen as the said within written John Porter and Henry Cockain in their proper persons and the Jurors of the Jury whereof within mention is made being called some of them appeared and some of them not as it appeareth in the Pannel c. And some of them now appearing that is to say Roger Tasker Humphry Street George Gunbey Thomas Cox Thomas Langhorn John Eaton William Fruit and John Math upon the Jury aforesaid are sworn and because the rest of the Jurors of the Jury did not appear therefore others of the standers by by the Sherifs of the County aforesaid to be chosen at the Request of the said John Popham and by the command of the aforesaid Chief Baron were new put whose names to the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurors so anew put that is to say Thomas Wiggs Henry Ayleward Ralph Baily and Cutbert Booth being called likewise came Who to the truth of the matter within contained together with the other Jurors aforesaid first impannelled and sworn say upon their Oath That long before the aforesaid time of Intrusion aforesaid above supposed to be done One Nicholas Gibson was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified in his Demesn as of Fee and the Wharf and Tenements aforesaid held of the Lady the Queen in Socage that is to say of the free Borough of the City of London by fealty onely And so being thereof seized the said Nicholas afterwards and before the time of the Intrusion aforesaid c. that is to say the 23d day of September in the yeer of the Reign of the Lord Henry late King of England the 8th the 32th at London in the Parish of St. Dunstans in the East made his Testament and last Will in Writing and constituted one Avice then his Wife Executrix of his said Will and by the said his Will bequeathed and devised amongst other things the Whars and Tenements aforesaid with the appurtenances to the aforesaid Avice and her Heirs in these English Words and in form following That is to say In the name of God Amen I Nicholas Gibson Citizen and Grocer of London whole of Mind and of perfect Memory albeit sick of Body make this my present and last Will and Testament aswel concerning the Order and Disposion of my Goods Chattels and other things moveable as of my Lands and Tenemetns Rents Reversions and Services and Hereditaments whatsoever First I give and bequeath my Soul unto Almighty God my Maker Redeemer and Saviour and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson my sole Executrix under written whom I put in special trust that she shall see these things hereafter declared to be well and truly executed don and declared and performed as hereafter shall be recited Unto whom also I give and bequeath All my Goods Chattels Debts and other things as well moveable as unmoveable real and personal Lands and Tenements Rents Reversions Services and all my other Profits and Commodities and other Hereditaments whatsoever with all and singular the appurtenances To have and to hold possesse and injoy All and singular my said Lands and Tenements Rents Reversions and Services with the appurtenances Goods Chattels and other things and all and singular other the premises with the appurtenances unto the said Avice Gibson her Heirs Executors Administrators and Assignes for ever upon condition following That is to say Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases Mansions and places convenient for a Free-school the Master of the same and certain Beadmen and Beadwomen and that the same cannot be established to continue without great charges to be imployed and bestowed upon the same and also Lands and Tenements and other Hereditaments to be assured for the continuance of the same I Will and Declare by this my last Will and Testament That the said Gift Legacy and bequest of my Lands and Tenements Goods Chattels and other things aforesaid shall inure and take effect by reason hereof unto my said Wife upon condition following That is to say That my said Wife by the Advice of Learned Counsel in all convenient speed after my decease shall assure give and grant all my said Lands and Tenements and other Hereditaments whatsoever for the maintainanee of the said Free-school Almesmen and Almeswomen for ever if it shall please God that my said Wife Avice Gibson shall have all the Issues Revenewes and Profits yeerly comming arising and growing of the premises during her life bearing the charges for the keeping of the said School Beadmen and Beadwomen and other charges for the maintainance of the premises in manner and form as I the said Nicholas have kept and maintained the same and as the same is now kept and maintained without any diminution in any wise Which Avice Gibson I make my sole Executrix of this my present Testament and last Will. These being Witnesses Thomas Rushton Sergeant at the Law William Gunston Esquire Thomas Wood Cooper Thomas Reinolds Clothworker and Iohn Mucklow Scrivener In witnesse whereof I have hereto put my Seal Given the 23th Day of September in the yeer of our Lord God 1540.
and 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 Sitting●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 ●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 ●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 Mānor of Outelmeston aforesaid called Eastendown next adjoyning as with the aforesaid Lands called Eastendown amounted to the third part of all the aforesaid Mānors Lands Tenemēts 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
c. By virtue of which the aforesaid Gellio Merick and Lindley into the aforesaid Manors with their Appurtenances entred and were thereof seized in their demesn as of Fee and so thereof being seized By their Writing indented made between the aforesaid late Earl of Essex Gellio Merick and Henry Lindley of the one part and Augustine Steward and Michael Corsellis on the other part bearing date the 26th day of Decem. in the yeer of the Rign of the said late Lady Q. Elizabeth the 38th in the Court of Chancery of the aforesaid late Queen at VVestminster aforesaid within 6. Moneths then next following according to the form of the Statute thereof made and provided in due manner of Record inrolled as well in Consideration of the sum 3500. pounds to the aforesaid late Earl of Essex by the aforesaid Augustine Steward and Michael Corsellis paid as for 20. shillings to the said Gellio and Henry by the aforesaid Augustine and Nicholas likewise paid bargained and sold to the aforesaid Augustine and Michael the Manors aforesaid with the Appurtenances To have and to hold to the said Augustine and Michael their Heirs and Assigns for ever By virtue of which Bargain and Sale and Inrollment and by force of a certain Statute in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th Of transferring uses into possession at Westminster aforesaid holden made and provided the aforesaid Augustine and Michael were seized of the Manors aforesaid with the Appurtenances in his Demesn as of Fee And so thereof being seized The said Augustine and Michael in consideration of the sum of 3500. pound to the aforesaid Augustine and Michael by the aforesaid John Hele paid afterwards of the said Manors with the Appurtenances enfeoffed them the said John Hele then Serjant at Law and the aforesaid Warwick He le then Esquire now Knight To have and to hold to the said John and VVarwick and to the Heirs and Assigns of the aforesaid John to the sole and proper use and behoof of the aforesaid John and Warwick and the Heirs and Assignes of the said John Hele for ever By virtue of which Feoffment The aforesaid John Hele and Warwick Hele were and yet are seized of the aforesaid Manors with the Appurtenances that is to say The said John Hele in his Demesn as of Fee and the aforesaid Warwick in his Demesn as of Free hold for the term of his life And the aforesaid John Hele and Warwick Hele further say That afterwards in and by a certain Act of Parliament of the aforesaid late Queen at VVestminster aforesaid the 27th day of October in the yeer of the Reign of the said late Queen Elizabeth the 43th holden made amongst other reciting That whereas the said late Queen from the 8th day of February in the yeer of her Reign the 25th as well for diverse and great sums of Mony as for diverse other several considerations had bargained sold given and granted by diverse her Letters Patents Indentures or other Writings under the great Seal of England sealed or the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster as well to Bodies Politick and Corporate as to diverse and several other Subjects of the said Lady the Queen diverse and several Honors Manors Lands Tenements Rents Reversions Services and other Hereditaments in Fee Simple Fee Tail for Term of Life Lives or Yeers as by the said several Letters Patents Indentures and other Writings are mentioned and declared It was enacted by Authority of the same Parliament To the intent that the said Letters Patents Indentures and other Writings should be of good available and perfect force and effect to all and singular the said late Queens Subjects according to the true intent and effect of the same That as well all and singular Letters Patents Indentures and other Writings sealed under the great Seal of England or under the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster before then made and granted by the aforesaid late Queen for any sum or sums of Mony whatsoever or for or upon any other considerations whatsoever from the aforesaid 8th day of February in the 25th yeer aforesaid as all other Letters Patents then after by the said late Queen to be made for any sum or sums of Mony or other considerations before the last day of the said then present Session of the said Parliament And moreover All other Letters Patents within the space of one yeer then next following to be made by force or according to the true puport or true meaning of a Condition under the great Seal of England then in being for the Sale of the Land of the said late Queen to any Body Politick or Corporate or to any other person or persons whatsoever of any Honors Castles Manors Lordships Granaries Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Leases Courts Liberties Privileges Franchises or of any other Hereditaments with the Appurtenances or of any part or parcel thereof with or under the Great Seal of England or under the Great Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster of whatsoever Kind Nature or Quality they or any of them are or were reputed known or taken with the Appurtenances or any part or parcel thereof should be good perfect and effectual in Law and should stand be taken reputed esteemed and should be adjudged to be good certain perfect available and effectual in the Law against the said late Queen her Heirs and Successors according to the tenor and effect of the aforesaid Letters Patents and Indentures or other Writings and that the same should be expounded construed esteemed and should be adjudged most beneficially for those to whom the aforesaid Letters Patents and Grants thereof so are made the Heirs Assigns Executors Administrators of them according to the words and purport of the said Letters Patents Indentures or other Writings without any Confirmations Licenses or Tollerations of the said late Queen her Hei● or Successors any ill naming ill reciting or not reciting of the said Honors Castles Manors Lands Tenements or other the premises or of any part thereof or any defect in finding of Office or Inquisition of and in the premises or any part thereof by which the Title of the said late Lady the Queen of and in the premises ought to be found before the publishing of the aforesaid Letters Patents Indentures or other Writing or any ill reciting or not reciting of Demises thereof made as well of Record as not of Record or any ill reciting or not reciting or not true mentioning in any such Lettets Patents Grants or Writings of the Estate or Estates of the said late Queen of Freehold or Inheritance of and in the premises or any part thereof to which the
or the Charter-House and all and singular the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Arundel and Surrey and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever more defend by these presents And the said William Lord Howard and his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said William Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever defend by these presents In witnesse whereof the parties above named to these present Indentures interchangealy have set their Hands and Seals the day and year above written 1611 as by the same Indenture dated as before is said appeareth All and singular whichpremises by the Indenture a-aforesaid in form aforesaid Bargained are known and vulgarly called and at the time of the Bargain aforesaid were known by the name of the late dissolved Charter House besides Smith field By colour of which Bargain Sale and Inrollment aforesaid As also by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th Of transferring uses in possession to be holden made and provided The same Thomas Sutton in all and singular the bargained premises called the late dissoved Charter-House besides Smith field with the Appurtenances whereof c. entred and was thereof seised in his Demesn as of Fee And so thereof being seized The Lord JAMES now King of England the 22th day of June in the yeer of the Reign of the said Lord the King now of England c. the 9th abovesaid at Westminster aforesaid made his Letters Patents sealed with his Great Seal of England and to the Jurors aforesaid shewed in Evidence The Tenor of which followeth in these words JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To All to whom these presents shall come Greeting Whereas At the last Session of Parliament last past One Act was made and passed Entituled an Act to confirm and enable the Erection and Establishment of and Hospital a Free Grammar-school and sundry other godly and charitable Acts done and intended to be done and performed by Thomas Sutton Esquire as by the same Act of Parliament more at large it doth and may appear And whereas since the said Act The said Thomas Sutton hath purchased to him as his Heirs of our Right Trusty and Well-Beloved Cosin and Counsellor Thomas Earl of Suffolk Lord Chamberlain of our Houshold A great and large Mansion-house commonly called the late dissolved Charter-house besides Smith field together with divers Houses Buildings Courts Yards Gardens Orchards Closes and other Hereditaments to or with the same Mansion-house used or enjoyed or reputed as part parcel member or belonging thereunto within our County of Middlesex Which Mansion house and other the premises the said Thomas Sutton doth conceive to be a more fit and commodious House and Place to place erect and found the said Hospital and Free-school and other the godly and charitable uses aforesaid then in Hallingbury otherwise Hallibury Bowchers in the said Act mentioned And to that end the said Thomas Sutton hath been an humble Suter unto us That we would be graciously pleased to give License Power and Authority unto him the said Thomas Sutton to found erect and establish an Hospital and Free school other the godly and charitable uses by him intended in the said House called the late dissolved Charter-House besides Smith field in our said County of Middlesex And to incorporate the Governours hereafter named to be a Body Corporate and Politick and to have perpetual succession for ever in fact deed or name And by such name of Incorporation as is hereafter mentioned to have full authority and lawful capacity and ability to purchase take hold receive and have to them and their Successors for ever Manors Lands Tenements Rents Annuities Pensions Hereditaments Goods and Chattels as well of us our Heirs and Successors as of any other person or persons whatsoever for the better maintainance of the said Hospital Free-school and other godly and charitable uses aforesaid Know ye therefore That we graciously affecting so good and charitable a work of our princely disposition and care for the furtherance thereof and of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm for us our Heirs and Successors unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them full Power License and lawful Authority at all times hereafter at his and their Will and Pleasure to place erect found and establish at or in the said House called the late dissolved Charter House besides Smith field and other the premises within our said County of Middlesex One Hospital-House or place of abiding for the finding sustentation and relief of poor aged maimed needy and impotent people As also that the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors or Survivor of them his and their Successors for ever And the Governours hereof for the time being and their Successors shall have full Power License and lawful Authority at his o● their Wills and Pleasures respectively from time to time and at all times hereafter to place therein such Master or Head of the said Hospital and numbers of poor peole Men and Children and such other Members and Officers of the said Hospital as to him the said Thomas Sutton during his life and after his death to the said Governours and their Successors and to the Survivors or Survivor of them and to his and their Successors and to the Governours thereof for the time being and their Successors shall seem convenient And further we of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them at his or their Wills and Pleasures full Power License and lawful Authority at all times hereafter to place erect found and establish at or in the said House called the late dissolved Charter-House besides Smith field and other the premises in our County of Middlesex One Free-school for the instructing teaching maintainance and education of poor Children or Scholars
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 thereo● 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
Younger in his demesn as of Feetail that is to say to him and the heirs of his body upon the body of the said Ann his wise Lawfully to be begotren and the aforesaid Ann in her demesn as of Freehold for the Term of her life the remainder thereof to the right heirs of the said Robert Bingham the Elder for ever And the Jurors aforesaid say upon their Oath aforesaid that at the time of the Levying of the said last recited Fine by the said Robert Bingham the Elder in form aforesaid had the said John Horsey was seised of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances in his demesn as of Fee and the said John Horsey so thereof being seised a Fine was Levyed in the Court of the said Lady the Queen that now is at the Castle of Hartford in the County of Hartford after and before the within written time in which c. that is to say in the morrow of All Souls in the year of the Reign of the said Lady the Queen that now is the 24th before Edmund Anderson Thomas Meade Francis Windham and William Periam then Justices of the said lady the Queen of the Bench other of the said Lady the Queens faithful people then there present between Henry Viscount Bindon Sichard Rogers Knight Henry Ashley Knight Thomas Hayward George Trenchard John Strange-waies John Williams Richard Watkins Thomas Muttens Henry Collier Edward St. Karke John Fitz-Williams and George Gilbert Fsquires then plaintiffs and the said John Horsey Knight then defendant of the said Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances by the names of the Mannors of Clyfton Malarke Thorneford Nether Crompton Bradford Sherborne Wyke Horseys Melcum otherwise Sturges Melcum with the appurtenances and 250 Messuages 100 To●ts 10 Mills 10 Dovehouses 3000 Acres of Lands 2000 Acres of Meadow 5000 Acres of Pasture 1000. Acres of Wood 3000. Acres of Furz and Heath and 10. pound Rent with the Appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beere-Hacket Shirborn Lillington Nether-Crompton Over-Crompton Long Barton Oburne Heyden Vpmelcum Nether Melcombe Cheselborn Buckland Plushe Mapowder Mylton other Midleton and Helton And the Rectory of Bradford with the appurtenances As also of the Advowson of the Churches of Melcombe Nether-Melcombe Clyfton Malank Thorneford Nether-Crompton and Bradford in the County of Dorset And of the Mannors of Horsey and Peignes with the Appurtenances and 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chilton Beugh Stafford Berwick Weston Bondrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a plea of Covenant was summoned between them in the same Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which the said Viscount Richard Rogers Henry shley Thomas Howard George Trenchard John Strange-wayes John William● Richard Watkings Thomas Muttens Henry Coker Edward St. Kerke John Fitz James and George Gilbert had of the gift of the said John Horsey and those realesed and quit claimed for him and his Heirs to the said Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Strangewayes John Williams Richard Wak●ns Thomas Muttens Henry Coker Edward St. Kerke John Fitz-James and George Gilbert and to the Heirs of the said Viscount for ever And further the said John Horsey granted for him and his Heirs that they warrant to the aforesaid Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Stangewayes John VVilliams Richard VVatkins Thomas Muttens Henry Coker Edward St. Kerke John Fiz-James and George Gilbert and to the Heirs of the said Viscount the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowson aforesaid against all men for ever The Tenor of which Fine followeth in these words This is a final Concord made in the Court of the Lady the Queen at the Castle of Hartford in the morrow of All Souls in the yeer of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 24th before Edmond Anderson Kt. Thomas Mead Francis VVindham and VVilliam ●eriam Justices and other of the Queens faithful people then here present Between Henry Viscount Byndon Richard Rogers Kt. Henry Ashley Kt. Thomas Howard Esq George Trenchard Esq John Strangewayes Esq John VVilliams Esq Richard Watkins Esq Thomas Muttens Esq Henry Coker Esq Edward St. Karke Esq John Fiz-James Esq and George Gilbert Esq Plantifs and John Horsey Kt. Deforciant of the Mannors of Clyfton Malanke Thorneford Nether-Compton Bradford Sherborn Wyke Horseys Melcomb otherwise Sturges Melcomb with the appurtenances and of 250. Messuages 100. Tofts 10. Mills 10. Dove houses 3000. Acres of Land 2000. Acres of Meadow 5000. Acres of Furz and Heath and 10. pound Rent with the appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beer-Hacket Sherborn Lillington Nether-Compton Over-Compton Long-Burton Oburne Hayden Vxnelcombe Nether-Melcombe Chaselborne Bucklaud Plashe Mapowder Mylton otherwise Midleton and Helton And of the Rectory of Bradford with the appurtenances as also of the Advowsons of the churches of Melcombe Nether-Melcombe Clyfton Malanke Thorneford Nether-Compton and Bradford in the County of Dorset And of the Mannor of Horsey and P●egnes with the appurtenances And of 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chitton Bough Styford Barwick Weston Baudrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a Plea of Covenant was summoned between them in the said Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Rents with the Appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which he the said Viscount Rich. Hen. Tho. George Joh. Strange-wayes Iohn Williams Rich. Tho. Henry Edward John Fitz James and George have of the guilt of the aforesaid John Horsey and then released and quit claimed from him and his Heirs to the aforesaid Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Williams and George and to the Heirs of the said Viscount for ever And besides the said John Horsey grants for him his Heirs That they warrant to the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Iames and George and to the Heirs of the said Viscount the aforesaid Mannors Rectory Tenements and Rents with the appurtenances