the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
in consideration of service done 71 Consultations 220 Plea for it 215 Continuances 5 18 36 50 62 78 91 96 105 120 121 144 161 173 174 179 208 227 236 249 257 264 270 299 314 322 328 336 344 355 356 357 358 Covenants to stand seised to the use of himself in tail remainder to the Queen 38 39 307 To levy a Fine 82 164 100 201 To stand seised to Vses 171 193 195 To deliver Evidences 55 To free Lands from Incombrance 56 That the Rents shall continue payable to the bargainee and his Heirs 56 To make further assurance 57 3â—9 To make a Joynture 99 To suffer a Recovery to Vses 318 That an Estate tail upon an Alienation shall cease as if Tenant in tail were dead without issue 311 To make Leases in Reversion 350 Conusance made by Bayliffs for Arrerages of Rent 251 Countermand Of an Arbitrament and what words are a good countermand of it 25 26 Count. In Dower 32 In a Formedon in Discender 137 Costs le Incrementa 3 51 63 67 105 250 258 264 268 344 352 D. DAmages In an Action upon the Case 3 5 8 Declarations In an Action upon the Case for diverting a Water course 1 In Assumpsit to pay mony upon forbearance not to molest 7 In Andita Querela 22 In Debt upon an Escape against a Sheriff 44 In Debt 25 27 34 In Ejectione Firme 51 69 77 82 92 52 97 106 121 In an Action of false Imprisonment 126 In an Action for proceeding against the Queens Prohibition 214 215 In a Replevin 220 233 239 259 265 268 In a second Deliverance 250 251 270 In Trespass 306 316 324 329 339 345 352 360 366 In Trespass for disturbing him to execute his Office Ut Armis where good 361 362 In Waste for cutting down and destroying of Woods 395 396 Defence 25 27 33 40 46 70 80 122 137 251 265 268 271 324 339 352 361 3â—6 Deeds Of Confirmation of a Rent 255 A Deed read to a Man illiterate in other words than it is shall not bind him 343 344 Of appointment of a Master and Governour of the Lands of an Hospital 387 Debt 25 27 Against Executors For Rent 37 Against the Sheriff for an Escape of one in Execution 44 Departure 143 Devises 30 31 To Executors to perform his Will till his Son come of the Age of 21. yeers 94 Vpon Condition to perform his Will with several limitations over to other persons to that purpose 110 112 113 Of Lands to his Wise upon Condition to bestow the profits to charitable uses 158 159. And she to have the profits during her life discharging the said uses 158 159 Of Lands to superstitious uses where void 107 108 109 Of a Term to Executors 155 Of a Term 2â—1 Of Lands to one for life the remainder to the next right Heâ—r of Tenant for life 234 Dissability 9. And what shall be a good Plea in Dissability 9 Dies datus 11. In Assize 150 172 D stringas 156 Dower where not barred by a Release 31 32 33 E. ECclesiastical Court where they refuse to allow Plea in discharge of Tythes 214 Ejectione Firme 54 69 79 92 97 106 121 Entry where congeable 95 Where for a forfeiture by Tenant for lâ—fe a Joyntress 104 For a forfeiture by a Devisâ—e upon Condition for a condition broken 159 Escape â—â— here letting a Prisoner at large is escape 49 Errors Vpon a Judgement in Debt upon an Escape 51 Where assigned where not 66 Assigned for the Queen by her Attorny General 176 177 17â— Exemplification Of the Charter of 11. E. 3. Of the Kings grant of the Lutchy of Cornwall to the Prince 291 to 297 F. FAlse Imprisonment 126 Feoffments 117 252 269 324 341 Vpon consideration to make a Joynture to the Wife 99 By a Feoffee to use where it destroyeth contingent â—ses 331 To uses 107 221 330 331. Contingent uses 333 Vpon Condition to pay a Rent to be void upon tender 252 Of a Mannor 27â— Of a House and Lands where the livery and seisin is not good nothing passeth 260 261 262 263 Fessments Contingent uses destroyed by Fests though the Feoffee hath notice of the uses in contingency 333 Levied of Lands after a Bargain and Sale first made thereof though the deed be afterwards inrolled shall stand good 399 400 Fines levied 81 83 100 101 201 202 223 239 240 242 340 Of Lands levied to the King and his Heirs Males of his Body 164 Vpon Condition 341. till mony be paid Of an Advowson 224 By Tenant for life and he in the remainder where no forfeiture but a grant of their Estates 239 240 Fine Where paid for a contempt 162 Forfeiture When by Tenant for life who comes in a Vouchee upon a common-recovery 59 60 66 By a Woman Joyntress upon a Lease made contrary to the Statute of 11. H. 7 cap. 20. 140 Where Tenant for life the Tenant in tail enfeoffees him in the reversion it is a forfeiture and devests the remainder 334 Formedon 136 G. GAvel Kind 189 Grants Of a Rent charge by Tenant in Tail in th Remainder 222 Of a Rent for life with clause of distress 251 That a Condition and power to revoke uses shall cease 328 Of a Copy hold estate by a Disseisor not good 335 A Grant of Lands to 〈…〉 d his Heirs Habendum to him and his Heirs for yeers the Habendum is void 349 350 Of a Reversion upon a Lease for life to two and one attornes 354. Grants of the King 117 166 167 316 317 Of the Office of a Sergeant at Arms 390 Ex gracia speciali certa scientia mero motu 117 118 Of a Chauntry 118 In Fee Farm 118 Non Obstantes in the Kings Grants 118 119 Of a Ward and Wardship 190 Of the Office of Steward of his Manors and Lands to an Infant from his full age for yeers 360 362 Good from a Day past 361 H. HAbere Facias seisinam 246 321 Habendum in a deed of Grant where it shall be void where not 349 350 Hospital foundation and erection of it and giving Lands to it with all particulars touching a legal foundation 376 377 I. Ioynture to the Wife with remainders over 99 100 Indentures Declaring uses upon recovery 15 Of Bargain and Sale of a Messuage and Lands 55 Of uses with Power of Revocation and to limit new uses 195 197 Of Covenant to suffer a common recovery to uses 318 319 Incorporation Of Governours of an Hospital with the particulars incident to such an Incorporation 377 378 379 380 Indictments Of Murder and the form of it 144 145 Must be certain in all poynts and circumstances 146 149 150 151 152 Not of the Accessary before the principal be attainted 152 Of Declaration of new vses or to a power of revocation 200 201 Information Of Intrusion upon the Queens possession 153 162 Inquisitions 185 Intitling the King to seize upon default of executing an Office 301 Imparlance 2 8 46 80
with the appurtenances in the declaration aforesaid above specified at the time of the said recovery in the aforesaid Court of Hustings in the Guild Hall of London in form aforesaid had for which cause the entry of the said Thomas Bowes Master of Arts into the Messuage aforesaid with the appurtenances in the said Declaration aforesaid specified was not lawfull Item in this also it is Erred for that the aforesaid recovery was had in the said Court of Hustings before the 8th day of May in the yeare of the Reign of the Lady the Queen that now is the 14th and that the said Thomas Bowes who before was Tenant for Term of life was vouched in the said Court by the aforesaid William Pelham in the said Recovery named to warrant the Messuage aforesaid with the appurtenances amongst other things which Thomas afterwards by Summons by his Attorny appeared in Court and freely the Messuage aforesaid to the said William did warrant and farther vouched to warrant the aforesaid Richard Horsted who present in the same Court the Messuage aforesaid with the appurtenances farther warranted and afterwards made default by which Judgement against the said William Pelham in the said Recovery was given and execution thereof in the form aforesaid was had so as the said Thomas Bowes Master of Arts of the remainder without any demand in the Messuages aforesaid with the appurtenances to have stood utterly excluded and for that cause the aforesaid entry of the aforesaid Thomas Bowes Master of Arts into the said Messuage with the appurtenances after the said Recovery in form aforesaid had and executed was unlawfull 1. Item in this also it is erred because it was found that before any entry of the said Thmas Bowes Master of Arts the Judgement aforesaid was fully and in due manner executed after which Execution so had although the said Thomas Bowes Master of Arts before the Execution aforesaid had had title of Entry Yet the said Thomas by the Law of the Land into the Messuage aforesaid after the Eexcution aforesaid so had could not enter Item in this further it is erred because it is found by the Jurors aforesaid That the said Thomas Bowes the Father c. who was Tenant for Term of his life of the Messuage aforesaid with the Appurtenances is yet living and is in full life And so the aforesaid Entry of the said Thomas Bowes Master of Arts in the Messuage aforesaid with the Appurtenances in form aforesaid during the life of the said Tho. Bowes his Father made ought not to be adjudged lawful And for these causes the Judgement aforesaid for â—he said Henry Page against the said Edward Griffin and all thereupon depending upon the Bill aforesaid against the said Edward in form aforesaid spoken and exibited is not sufficient in Law and he prayeth That the said Judgement aforesaid for the Errors aforesaid and others in the Record and processe aforesaid being be revised annulled and utterly holden for none and that he unto all which by the occasion of the Judgement aforesaid given he lost he be restored And further the said Edward Griffin the Writ of the Queen to warn the said Henry Page that he should be before the said Chancellor and Treasurer in the Court aforesaid at Westminster to hear the Record and processe aforesaid and also the Errors aforesaid and further to do and receive what should be just in the premises c. And it was granted to him retornable upoÌ„ Tuesday the 28 th day of Octo. next following c. At which day before the aforesaid Chancellor and Treasurer in the Court aforesaid at Westminster came the said Henry Page by his Attorny aforesaid And the Sheriffs of London that is to say Richard Gourney and Stephen Soame now sent by Thomas Bickliff and Humphry Walsingham good and lawfull Men of their Baliwick That they did warn the said Henry Page that he should be before the Chancellor and Treasurer aforesaid in the aforesaid Chamber at the day and place aforesaid to do and receive as the said Writ commanded and required And thereupon the said Edward by John Hawkesworth his Attorny came likewise and demanded the hearing of the Record and Processe as also of the Errors aforesaid And they are read unto him c. which being read and heard The said Henry Page said That in the Record and Processe aforesaid made in the giving of the Judgement aforesaid it is in nothing erred and prayed that the Court here proceed as well to the Examination of the Record and the Processe aforesaid as the causes aforesaid for Errors alleged And that the Judgement aforesaid in all things might be affirmed And because the aforesaid Chancellor and Treasurer would advise of and upon the premises before they give their Judgement day is given to the parties aforesaid here that is to say in the Chamber aforesaid until Tuseday the 11 th day of November next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid before the aforesaid Chancellor or Treasurer in the Chamber aforesaid untill Tuseday the 18th day of November then next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid untill Tuesday the 25 th day of November following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid and because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the Premises further day is given to the parties aforesaid here before the aforesaid Chancellor and Treasurer in the Chamber aforesaid untill Tuesday the 27 th day of January next following to hear their Judgement thereof c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster aforesaid come as well the said Henry Page by John Hawkesworth his Attorny aforesaid as the aforesaid Edward Griffin by Rich. Hatton his Attorny aforesaid and thereupon the said Henry sayd That the said Edward his Writ aforesaid for correcting of Errors against the said Henry in this case further to prosecute or maintain ought not because he saith That after the last continuance of the Plea aforesaid that is to say after the aforesaid Tuesday that is to say the 25 th day of November from which day the Plea aforesaid was last continued untill this day that is to say
appurtenances as before is said being seised dyed thereof so seised And farther by the same Inquisition it is found that the Manor of Yoke otherwise Yokes Court aforesaid the appurtenances in Lenham and Frensted in the said County of Kent at the time of the taking of the Inquisition aforesaid and at the time of the death of the aforesaid Thomas Digges were holden of Warham St-leger Knight as of his Castle of Leeds by the half of a Knights Fee and were worth by the yeer in all reprofits above reprises 5 pound 14 shillings And that the Manor of Fokeham and other the premises to the said Manor belonging in Framsted and Lenham at the sayd time of the taking of the said Inquisition and at the time of the death of the said Thomas Digges of whom or by what services the Jurors of the same Inquisition were altogether ignorant and they were worth by the yeer in all the profits above reprises 7 pound And that the aforesaid Manor of Outlemestone and other the aforesaid premises whatsoever with the appurtenances to the said Manor belonging and appertaining at the time of the taking of the said Inquisition aforesaid and at the time of the death of the said Thomas Digges were worth by the yeer in all the profits above reprises 20 pound and that the said Land called Eastendown and Beacondown in Burham and Kingstone aforesaid were holden of the Arch Bishop of Canterbury in the right of his Bishoprick aforesaid but by what services the aforesaid Jurors are altogether ignorant and they were worth by the yeer above reprizes 3 pound 6 shillings 8 pence and that the aforesaid Lands called the Haute and Reed late percel of the aforesaid Manor of Bishopsborne and purchased by the aforesaid Christopher Digges of the aforesaid William Awcher Esquire were holden of the said Lady the Queen in Capite by Knights service that is to say by particular according to the rate and quantity of the said Manor of Bishopsborn and that the said Lands and Pasture called Throughly Close and Tylers in Barham aforesaid late purchased by the aforesaid Christopher Digges by way of Exchange of William Boyes of who or whom or by what services they were holden the Jurors aforesaid are altogether ignorant and that the aforesaid Land and Woods called Haute and Reed and the aforesaid Land Wood and Pasture purchased of the aforesaid William Boyes were worth by the yeer above reprises 4 pound And that the aforesaid 2 Acres of Land in Wemings Woold aforesaid were holden of who or whom or by what services the aforesaid Jurors were altoge-Ignorant and they were worth by the yeer above reprises 2 shillings and that the said Thomas Digges had not nor had more or other Lands and Tenements in the said County of Kent in demesn or service of us nor of any other the aforesaid dayin which he dyed and that the aforesaid Tho. Digges dyed the 10th day of April in the yeer of our Reign the 32th leaving the said Margaret his wife w th child with Tho. Posthumus Digges And that the said Thomas Posthumus Diggs born the second day of July in the 32 year aforesaid was Son and Heir of the said Thomas Digges and that the said Thomas Posthumus Digges the Son at the time of the taking of the Inquisition aforesaid was of the age of 2 yeers 9 weeks and 6 dayes as by the Inquisition aforesaid in our Chancery retorned and in the Files there remaining of Record it more fully appeareth And whereas afterwards that is to say the 23th day of January in the Term of Saint Hillary in the yeer of our Reign the 39th before us in our Chancery aforesaid at Westminster aforesaid then being came Christopher Digges and Edward Digges Sons of the said Christopher Digges in the Inquisition aforesaid named and prayed the hearing of the Inquisition aforesaid which was read unto them which being read and heard and by them fully understood the said Christopher and Edward complained them by colour of the said Inquisition aforesaid to be grieved and molested and that they from the possession of the said Lands and Tenements with the appurtenances to the said lands called Eastendown and of two parts of so much of the demesn and of the said Manor of Owtelmestone with the appurtenances to the said Lands called Eastendown adjoyning in 4 parts to be divided as with the aforesaid Lands called Eastendown extend to the third part of all the Mannors Lands and Tenements whereof the aforesaid Christopher the Father dyed seised for the part of the aforesaid Christopher and Edward of the premises aforesaid to be expelled and amoved and that they from the possession thereof and of every parcel thereof by colour of the said Inquisition to be held out and that unjustly by cause they take it by Protestation That the Inquisition aforesaid and the matter in the same contained was insufficient in Law to which they needed not nor by the Law of the Land were holden any waies to Answer And shewing of their Right in that behalf The said Christopher and Edward said That the aforesaid Christopher Digges Father of them the said Thomas Christopher and Edward was in his life time seized in his Demesn as of Fee of and in the aforesaid Mannor of Owtelmeston in Barham in the County aforesaid and of all and singular the Rights Members parcel and appurtenaces whatsoever containing 200 Acres of Land Meadow Pasture and Wood And also was seized of and in the aforesaid Mannor of Yoke and Fockham lying and being in the Parish of Lenham Frensted and Harrisham with his Rights Members and Appurtenances whatsoever containing 800. Acres of Land Meadow Pasture and Wood And of and in the Mannor of Marton lying and being in the Parishes of Sturrey Hackington and Saint Stephen in the said County containing by estimation 40. Acres of Land Pasture Meadow and Wood And of diverse Gardens in the City of Canterbury containing half an Acre of Land And of and in the Mannor of Netherherds with the Appurtenances in the County aforesaid containing 200. Acres of Land And also of a certain peece of Land called Eastendown lying and being in Barham aforesaid containing by Estimation 110. Acres And of another peece or parcel of Land called Haute and Reed lying and being in the Parish of Barham aforesaid containing 61. Acres and a half and in another peece of Land lying in Barham aforesaid late as before is said purchased by Exchange of the aforesaid William Boyes containing 40. Acres of Lands which said Mannors Lands and Tenements and other the premises amount in the whole to 2500. Acres of Lands and the said Christopher Digges the Father of the Tenements aforesaid with the appurtenances in form aforesaid being seized The first day of February in the yeer of our Reign the 19th made his Testament and last Will in Writing and by the said Testament and last Will declared and limitted as to the disposition of the third part of all
in the Spiritual Court after the Queens Prohibition to the contrary thereof directed and delivered for that that is to say whereas all and singular Pleas and Conusans of Pleas of whatsoever grants demyses or conttacts arising within this Kingdom of England made and had and the validity of such grants and demyses in Law and other such Pleas and Conusance of Pleas so as they be not Testamentary or Matrimonial to the said Lady the Queen that now is and her Royal Crown do especially appertain and by the Laws of the Land of this Kingdom of England and not by the Laws or Sentences Ecclesiastical ought to be tryed determined and discussed and ever heretofore accustomed and ought to be And whereas Stephen by Divine Providence late Bishop of Winchester the 4th day of July in the yeer of the Reign of the Lord Henry late King of England the 8th the 38th was seized in his demesn as of Fee in the Right of his Bishoprick of and in the Manor of Eastmeon in the County aforesaid whereof one capital Messuage called the Scite of the Manor of Eastmeon 800. Acres of Lands 50. Acâ—es of Meadow 1000. Acres of Pasture and 400. Acres of Wood with the Appurtenances in Eastmeon in the County aforesaid being demesn Lands of the Manor aforesaid then and time whereof the memory of man is not to the contrary was and yet are parcel and also of and in one Messuage with the Appurtenances being in Eastmeon aforesaid being to the Mansion house of the same Manor And whereas the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid for the time being seized of the Manor aforesaid and other the premises with their Appurtenances The Scite of the Manor aforesaid and the capital messuage aforesaid and the demesn Lands aforesaid with the Appurtenances by himself his Farmers and Tenants thereof and every parcel thereof for Term of yeers or at Wiil held and were injoyed exonerated acquitted freed discharged and privileged of and from the payment of Tithes whatsoever of in or upon the capital messuage aforesaid and the demesns aforesaid with the Appurtenances and of every and any parcel thereof yeerly what way soever for the whole time aforesaid growing happening renewing or arising And the aforesaid Stephen late Bishop aforesaid of the capital Messuage aforesaid and the demesn Lands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and discharged and privileged of and from the payment of Tithes whatsoever of in and upon the capital Messuage aforesaid and other the premises with the Appurtenances or any parcel thereof growing renewing or any wise happening The said Stephen the 4th day of July in the yeer of the Reign of the said late King Henry the 8th the 38th at Eastmeon in the County aforesaid By his Indenture with his Seal Episcopal sealed and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer demised to one Robert Wright Grandfather of the said Robert that now is plantif The Moyety of the demesn Lands aforesaid with the Appurtenances By the name of all the Demesn Lands oâ— the Mannor of Eastmeon aforesaid anciently belonging with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old time situate lying and being with the Appurtenances which Moyety then lay in the fields on the South side of the Town of Fastmeon aforesaid Together with the Meadowes Feedings and Pastures Enclosures Wayes Pathes and other their Appurtenances together with the Farm of 40. Muttons called Weathers the highest price 16. pence 40. Ew Sheep the highest price 16. pence To have and occupy the said Moyety of the TenemeÌ„ts aforesaid with the AppurtenaÌ„ces in form aforesaid demised To the aforesaid Ro. Wright the GraÌ„dfather his Assignes from the Feast of St. Michael the Archangel in the yeer of our Lord God 1575. until the end and Term of 40. yeers then next following and fully to be compleat and Ended Yielding therefore yeerly during the Term aforesaid to the aforesaid Stephen late Bishop aforesaid or his Successors at his Exchequer of Woluesloy in Winchester in the County of Southampton then being 10. pound and 10. shillings of lawful mony of England at the Feasts of Easter and St. Michael by even and equal portions to be paid and for the farm of the aforesaid 40. Weathers and 40. Ew Sheep 11. pound 13. shillings and 4. pence to be paid at the Feast of St. Martin the Bishop Ad vincula for the chief Weathers 3. pence and for the chief Ews 4. pence as by the same Indenture amongst other things it more fully appeareth Which Indenture of demise to the aforesaid Robert Wright the Grandfather in form aforesaid made and all and singular therein contained Afterwards that is to say the 20th day of July in the 38th yeer abovesaid William Kingsmill then Dean of the Cathedral Church of the Holy Trinity of Winchester aforesaid and the Chapter of the same place at Winchester aforesaid that is to say in their Chapter-house there by their Writing of Confirmation with the Seal of the Chapter sealed in the life time of the aforesaid Stephen then being Bishop of Winchester aforesaid and in the life time of the said Robert Wright the Grandfather now deceased ratified and confirmed as by the Writing of Confirmation thereof bearing date the day and yeer last aforesaid amongst other things it appeareth By virtue of which demise and Confirmation The same Robert Wright the Grandfather was of the Interest of the Term aforesaid in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed and the aforesaid Robert Wright the Grandfather of the Interest of the Term aforesaid in the Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised being possessed The said Robert Wright the Grandfather the 14th day of August in the yeer 1558. at Eastmeon aforesaid made his Testament and last Will in Writing and by the said his Testament made and ordained Margaret then his Wife and Nicholas Wright his younger Son to be Executors of his last Will And by the said his last Will gave and bequeathed all his Interest aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid so as is said demised with the Appurtenances then to come to Edward Wright the Eldest Son of the aforesaid Robert the Grandfather and afterwards the aforesaid Robert Wright the Grandfather at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Tenements aforesaid with the appurtenances to the said Robert the Grandfather in form aforesaid demised possessed After whose death the aforesaid Margaret and Nicholas took upon them the burthen of Execution of his last Will Testament aforesaid at Eastmeon aforesaid And the said Executors at Eastmeon aforesaid gave their consent that the said Edward Wright should have and enjoy to him and his
his Writ aforesaid but be in mercy for his false clamour c. And the aforesaid Thomas go thereof without day c. And that he have retorn of the Cattel aforesaid to be kept by him irreplegible for ever And how c. The Sheriff make it here appear in 8. dayes of Saint Michael c. It is also granted That the aforesaid Thomas recover against the said Iohn his damages aforesaid by the Jurors in form aforesaid assessed as also 11. pound and 9. shillings and 6. pence to the said Thomas at his request for his costs and charges aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 12. pound REPLEVIN Michaelmass Term Anno 27. and 28. Eliz. Rot 1739. in the COMMON PLEAS Co. 4. part Cornwal Bevils Case fol. 6. a. NIcholas Francis was Attached by the Writ of the Lady the Queen of Second Deliverance to answer to Walter Parker of a Plea wherefore he took the Cattel of him the said Walter and them unjustly detained against Gages and Pleges c. And whereupon the said Walter by Francis Eyrman by his Attorny complaineth That the aforesaid Nicholas the 30th day of October in the yeer of the Reign of the Lady the Lady the Queen that now is the 15th at Tallan in a certain place called Newton took the Cattel that is to say Two Oxen of him the said Walter and them unjustly deteined against Gages and Pledges until c. whereupon he saith that he is the worse and hath damage to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Nicholas by William Leigh his Attorny cometh and defendeth the force and injury when c. And as Bayliff of John Bevill Esquire doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the same place called Newton in which it is supposed the taking of the Cattel aforesaid to be done doth contain and the time of the taking of the Cattel aforesaid supposed to be done did contain in it self 20. Acres of Land with the Appurtenances in Tallon aforesaid and that long before the aforesaid time in which c. One Robert Smith the Elder Esquire was seized of the said 20. Acres of Land with the Appurtenances in his demesn as of Fee and held the said 20. Acres of Land with the Appurtenances of the aforesaid John Bevill as of his Manor of Kalâ—gath in the County aforesaid by Knights Service that is to say by Homage Fealty and Escuage to the Lady the Queen when it should happen â—2 shillings And when more more and when lesse lesse and also by the Service of doing Sute at the Court of him the said John at his Manor aforesaid twice by the yeer that is to say once within a Moneth next after the Feast of Saint Michael the Archangel and again within a Moneth next after the Feast of Easter every yeer at that Manor holden of which Services the aforesaid John Bevill was seized by the Hands of the aforesaid Robert Smith the Elder as by the Hands of his very Tenant that is to say of the Homage Fealty Escuage and Sute of Court as of his Fee and Right And that afterwards the aforesaid Robert Smith the Elder dyed of the aforesaid 20. Acres of Land with the Appurtenances seized After whose death the aforesaid 20. Acres of Land with their Appurtenances discended to one Robert Smith Son and Heir of the aforesaid Robert Smith By which the said Robert Smith the Son before the time in which c. in the aforesaid 20. Acres of Land with the Appurtenances entred and was thereof seized in his demesn as of Fee And because the Homage of the aforesaid Robert the Son the aforesaid time in which c. to the aforesaid John Bevill behinde not done the said Nicholas as Bayliff of the said John Bevill doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for that Homage so undone in the Lands of the said John in form aforesaid holden c. And upon the aforesaid Robert the Son as upon the very Tenant of the aforesaid John Bevill and within his Fee and Lordship And the aforesaid Walter saith That long before the said time of the taking of the Cattel aforesaid done The sâ—id Robert Smith was seized of the aforesaid 20. Acres of Land with the Appurtenances in Tallon aforesaid called Newton in his demesn as of Fee And so thereof being seized before the time of the taking aforesaid done thâ—t is to say the 24th day of January in the yeer of the Reign of the said â—â—dy the Queen that now is the 13th at Tallon aforesaid Leased the afore 〈◊〉 20 Acres of Land with the Appurtenances to him the said Walter To have to the said Walter his Assigns from the aforesaid 24th day of January in the yeer afores unto the end of the Term of 5. yeers then next following to be compleat and ended By virtue of which Lease the said Walter into the aforesaid 20. Acres of Land with the Appurtenances entred and was and yet is thereof possessed the Reversion thereof after the Term aforesaid ended to the aforesaid Robert Smith the Son and his Heirs expectant Without which Robert the Son the said Walter cannot answer to the avowry aforesaid of the said Nicholas nor the Plea thereof bring into Judgement And prayes aid of the aforesaid Robert Smith the Son who is present herein Court in his proper person and willingly joynes himself in aid against the aforesaid Nicholas in the Plea aforesaid c. And upon this as well the said Walter as the aforesaid Robert Smith the Son who c. say that the aforesaid Nicholas for the reason before alleged ought not avow the taking of the Cattel aforesaid to have been just For by Protestation that the aforesaid Robert Smith the Son did not hold the aforesaid 20. Acres of Land with the Appurtenances called Newton in Tallon aforesaid of the aforesaid J. Bevill as of his Manor of Keligath by Knights Service that is to say by Homage Fealty and Escuage to the Lady the Queen when it should happen 42. shillings and to more more and less less c. As also by the Service of doing Sute at the Court of the said John Bevill of his Manor aforesaid twice by the yeer that is to say once within one Moneth after the Feast of St. Michael the Archangel and again within one Moneth after the Feast of Easter every yeer at that Manor to be holden as the aforesaid Nich. above hath alleged For Plea he saith That the aforesaid John Bevil never was seized of the aforesaid Services as the said Nicholas above hath alleged And this they are ready to aver Wherefore in as much as the said Nicholas above acknowledgeth the taking of the Cattel aforesaid in the aforesaid place
the death of every Tenant of the said 3. Acres of Pasture with the appurtenances in which c. dying thereof seised the best Beast which should be of such Tenant at the time of his death in the name of a Heriot of which services the aforesaid John Talbot was seised by the hands of the aforesaid John Chapman the Father as by the hands of his very Tenant that is to say of the Fealty and sute of Court aforesaid as of Fee and right and of the Heriot aforesaid in his demesn as of Fee And the said John Chapman the Father of the three Acres of Pasture with the appurtenances in which c. in his demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. At Albrighton aforesaid of such his Estate dyed thereof so seised And the said John Pendleton further saith That the aforesaid John Chapman the â—â—ther at the time of his death at Albrighton aforesaid was possessâ—d oâ— an Ox of the price of 100 shillings as his proper Ox which Ox was the best Beast of the aforesaid Iohn Capman the Father at the time of his death whereupon sell the Heriot thereof to the aforesaid Iohn and because the Heriot aforesaid after the death of the aforesaid Iohn Chapman the Father thâ— said time in which c. was behind not delivered the said said Iohn Pendleton as Bayliff of the aforesaid Iohn Talbot doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. for the Heriot aforesaid not delivered as within his Fee and Lordship c. And the said Iohn Chapman now Plaintiff saith That the aforesaid Iohn Pendleton as Bayliff of the aforesaid Iohn Talbot in the cause above before alleged ought not avow the taking oâ— the Cattel aforesaid to be just Because he saith That long beâ—ore the aforesaid time of the taking aforesaid done and before the aforesaid Iohn Chapman the Father had any thing in the said 3. Acres of Pasture with the appurtenances in which c. One â—ohn â—arny was seised of a Messuage and of half a Yard Land of Meadow and Pasture with the appurtenances conteining by estimation 50. â—cres in Albrighton aforesaid whereof the said 3. Acres of Pasture with their appurtenances in which c. were parcel in his demesn as of Fee and the said Messuage and one half Yard of Land Meadow and Pasture wholy with the appurtenances whereof c. held of the aforesaid Iohn Talbot as of his Manor of Albrighton aforesaid by Fealty and doing sute at the Court of the said Iohn Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor yearly to be holden as also by the service of rendring after the death of every Tenant of the said Messuage and half Yard Land of Meadow and Pasture wholy with the appurtenances whereof c. dying thereof seised the best Beast that was to such Tenant at the time of his death in the name of a Heriot And the said John Barny of the Messuage and half Yard Land of such Meadow and Pasture with the appurtenanceâ— wholly in form aforesaid being seised long before the time of the taking c. that is to say the first day of May in the yeer of the Reign of the Lady the Queen that now is the 32th of the said 3. Acres of â—and parcel of the aforesaid half Yard Land of Land Meadow and Pasture with the appurtenances whereof enfeoffed the aforesaid â—ohn Talbot To have and to hold to the said John Talbot his Heirs and Assigns for ever By vertue of which Feoffment the aforesaid Iohn Talbot was and yet is seised of the aforesaid 3. Acres of Lands parcel c. in his demesn as of Fee and he the said Iohn so being thereof seised and the aforesaid Iohn Barny of the Messuage aforesaid and the rest of the aforesaid half yard-Yard-Land of Meadâ—w and Pasture with the Appurtenances whereof c. in form aforesaid being seised The said Iohn Barny afterwards and before the time of the taking aforesaid done that is to say the first day of May in the yeer of the Reign of the said Lady the Queen that now is the 36th of the aforesaid 3. Acres of Pasture with the appurtenances in which c. Enfeoffed the aforesaid Iohn Câ—apman the Father and his Heirs for ever By virtue of which Feoffment the said Iohn Chapman the Father was seised of the said 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and so thereof being seised the said Iohn Chapman the Father after and before the time of the taking c. At Albrighton aforesaid of such his Estate of and in the same 3. Acres of Pasture with the appurtenances in which c. dyed thereof seised after whose death the said 3. Acres of Pasture with their appurtenances in which c. discended to the said Iohn Chapman now Plaintiff as Son and Heir of the said Iohn Chapman the Father By which the said Iohn Chapman now Plaintiff into the 3. Acres of Pasture with the appurtenances in which c. entred and was and yet is thereof seised in his demesn as of Fee and so thereof being seised The said Iohn Chapman the now Plaintiff before the time of the taking c. put his Cattel into the aforesaid Place in which c. to eat the Grass in the same then growing as it was lawful for him to do which Cattell were in the place aforesaid in which eating the Grass there growing untill the said Iohn Pendleton the aforesaid second day of September in the yeer of the Reign of the Lord the King that now is the 6th abovesaid at Albrighton aforesaid in the afores place called Bromley VVake the Cattel of him the said Io. Chapman aforesaid them unjustly deteined against Gages and Pledges untill c. as he above against him complaineth this he is ready to aver wherefore in as much as the aforesaid Iohn Pendleton the taking of the Cattel aforesaid in the aforesaid place in which c. to Barr and that he to that Plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bound to answer wherefore for want of a sufficient Plea in Barr in this behalf the said Iohn Pendleton demands Judgement and Return of the Cattle aforesaid together with his damages to be adjudged unto him And the aforesaid Iohn Chapman now Plaintiff in as much as he sufficient matter in Law to Bar the aforesaid John Pendleton from justly avowing the taking of the Cattel aforesaid in the place in which c. above hath alleged which he is ready to averr which matter the aforesaid John Pendleton doth not deny nor to the same any wayes answereth but refuse to admit the same averment as at first demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the same Cattel to
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
said 8. Messuages and other the premises by these presents bargained and sold And that he hath full power and perfect lawful good authority to bargain fell and assure the same in manner form aforesaid And further that he the said Thomas Bowes and the Heirs of the said Thomas Bowes and all and every other person and persons and their Heirs having or lawfully claiming any lawful estate or interest of or in the premises or any part or parcell thereof shall and will at the costs and charges in the Law of the said VVill. Petham his Heirs and Assignes at all and every time and times hereafter during the Term of Four years next insuing the date thereof at the reasonable request of the said William Pelham his Heirs or Assignes do cause procure and suffer to be done All and every such reasonable and further act or acts thing or things devise or devises assurance and assurances whatsoever for the further and better assurance and sure making and for the clear and absolute having and enjoying of all and singular the aforesaid premises with their Appurtenances and every part and parcel thereof to be injoyed conveyed and assured to the said VVilliam Pelham his Heirs and Assignes be it by Fine Feoffment Recovery Deed or Deeds Inrolled Inrolement of these presents Recovery with single or double Vouchers and with warranty against all men or without warranty or otherwise as shall be reasonably devised or avised by the said VVilliam Pelham or by the Council learned in the Lawes of this Realm of the said VVilliam Pelham his Heirs or Assignes And that the said 8. Messuages and other the premises by these presents bargained and sold now are of the cleer yearly value of 67. pounds 13. shillings and 8. pence of lawful money over and above all charges and reprises And after the Feast of St. Michael the Archangel which shall be in the year of our Lord God 1688. of the cleer yearly value of 71. pounds 13. shillings and 4. pence of lawful Money of England over and above all charges and reprises In witness whereof the parties aforesaid to these Indentures sunderly have set their seals Given the day and year first above written Memorandum that afterwards that is to say the 21. day of December in the year abovesaid came the aforesaid Thomas Bowes before the said Lady the Queen in her Chancery at Westminster in his proper person And did acknowledge there the Indenture aforesaid all and singular in the same contained and specified in the former above written By Colour of which bargain sail and Inrollment aforesaid as also by force of a certain Act of transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the 27th year of his Reign holden made and provided The said William Pelham was seised of the Messuage aforesaid with the Appurtenances amongst other things in which c. as the Law requireth And the said VVilliam so being thereof seised before the time in which c. A certain Recoverie was had in the Court of Hustingâ— of Pleas of Lands holden in the Guild-hall London before the Mayor and Sheriffs of the same City according to the custom of the aforesaid City by Nicholas Parker and Simon Patricke demandants against the said Willi. Pelham then Tenant of the said Messuage with the Appurtenances amongst other things in which c. in and upon a Writ of the Lady the Queen of Right Patent by the aforesaid Nicholas and Simon brought out of the Court of Chancery of the said Lady the Queen and in the said Court of Hustings and according to the custom of the City afore said prosecuted The Tenors of which Writ and the return and the proceedngs thereof as also of the Recovery aforesaid with all things touching the same follow in these words ss Pleas of Lands holden in the Hustings in the Guild hall London Monday next the feast Perpetue feliatatis In the year of the Reign of our Lady Elizabeth by the grace of God of England France and Ireland Queen defender of the faith the 14th At this Hastings came here in their proper persons Nicholas Parker and Simon Patrick and brought here in Court a Writ of the Lady the Queen of Right Patent to the Mayor and Sheriffs of London directed in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Mayor and Sherifs of London greeting We command you full Right you do to Nicholas Parker and Simon Patricke of 8. Messuages with the Appurtenances in London which they claim to hold of us by the free service of 1. penny by the year for all service which VVilliam Pelham Esquire deforced them that no more clamor thereof we hear for defect of Right Witnesse my self at VVestminster the last day of February in the year of our Reign the 14 th And they found Pledges to prosecute the said Writ that is to say John Doo and Richard Roo And then and there the said Nicholas Parker and Simon Patrick put in their place VVilliam Dalby their Attorny against the aforesaid VVilliam Pelham by the said their Attorny then there demanded Process c. according to the Custom of the City aforesaid and it is granted unto them c. Upon which then it was Commanded then and there by the said Court to the Sheriffs of London according to the Custom of the said City That they summon by good summoners the said VVilliam Pelham that he be here at the next Hastings London of Pleas of Lands in the Guild-hall of the City aforesaid according to the Custom of the said City to be holden to Answer to the said Nicholas Parker and Simon Patricke in the same plea here c. At which day that is to say at the Hastings London of Pleas of Lands holden in the Guid-hall London Monday next before the Feast of St. Edward King and Martyr in the year of the Reign of the said Lady Elizabeth c. the 14 th aforesaid The said Nicholas Parker and Simon Patrick by the said VVilliam Dalby their Attorny came and appeared here c. And the Sheriffs of London that is to say Henry Mills and John Branch now sent and retorned here upon the Precept aforesaid to them directed That they by virtue of the said Precept sommoned the said VVilliam Pelham to be here at this Hastings to Answer to the said Nicholas Parker and Simon Patricke in the plea aforesaid as to them c. by John Doo and Richard Roo summoners c. Which VVilliham at this Hastings put in his place Roger Coys and Robert Hogeson their Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. by VVilliam Fleetwood Esquire Recorder of the City aforesaid c. And upon this the said Nicholas
seised of the Mannor of Nether Melcum otherwise Binghams Melcum aforesaid with the appurtenances whereof c. that is to say to the said Robert and Jane and the heirs of the aforesaid Robert for ever And the said Jurors farther say upon their Oath aforesaid that the said Robert Bingham the Elder then was seised in his Demesn as of Fee of and in the Mannor Lands and Tenements called Melcum Binghams situate in Tollor Porcoram in the said County of Dorset and the said Robert so of the Mannor and the said Tenements and of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. being seised A Fine was Levyed in the Court of the said Lady the Queen that now is at Westminster aforesaid before the within written time in which c. that is to say in the morrow of the holy Trinity in the year of the Reign of the said Lady the Queen that now is the 20th before Iames Dyer Roger Manwood and Robert Mounson and Thomas Mead then Justices of the said Lady the Queen of the Bench and other of the said Lady the Queens faithfull people then present Between Richard Rogers Knight Nicholas Furbervile and John Williams Esquires then plaintifs and the aforesaid Robert Bingham the Elder Esquire then deforceant of the said Mannor of Nether Melcum otherwise Melcum Binghams whereof c. and of the said Mannor of Melcum Binghams with the appurtenances by the names of the Mannor of Melcam Bingham and Melcum Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Lands 300 Acres of Meadow 50 Acres of Pasture 20 Acres of Wood and 1000 Acres of Furz and Heath with the appurtenances in Neither Melcam Toller Porcoram Magouder and Haselberry Brion in the County of Dorset and of 3 Messuages 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres Pasture 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Geffery Bardchalk Alderbery East Grimsted and West Grimsted in the County of Wilts whereupon a plea of Covenant was summoned between them in the said Court That is to say that the said Robert Bingham the Elder acknowleged the said Mannors and Tenements with the appurtenances to be the right of the said Richard Rogers as those which the said Richard Rogers Nicholas Turbervile and John Williams had of the gift of the said Robert Bingham and released and quit claymed from him and his heirs to the said Richard Rogers Nicholas Turbervile and John williams and the heirs of the said Richard Rogers for ever And further the said Robert Bingham granted for him and his heirs that the warrant to the aforesaid Richard Rogers Nicholas Turbervile and John Williams and to the heirs of the said Richard Robers the aforesaid Mannors and Tenements with the appurtenances against the said Roqert Bingham and his heirs for ever the Tenor of which fine followeth in these words This is the final Concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Eliz by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 20th before James Dyer Roger Manwood Robert Mounson and Thomas Meade Justices and other of the Lady the Queens faithfull people then and there present between Richard Rogers Knight Nicholas Turburvile Esquire and Iohn Williams Esquire Complaiâ—ants and Rober Bingham the elder Esquire deforceant of the Mannors of Melcam Bingham and Wolcomb Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Land 300 Acres of Meadow 50 Acres of pasture 20 Acres of wood and 1000 Acres of Furz and Heath with the appurtenances in Nether Melcum Toller Porcorum Mapowder and Haseberry Bayan in the County of Dorset and of 8 Messuages 3 Tofts 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres of Pasture and 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Gyfford Burdchalke Alderbury East Grimsted and West Grimsted in the County of Wilts whereof a plea of Covenant was summoned between them in the said Court that is to say That the said Robert acknowleged the Mannors and Tenements aforesaid with the appurtenances to be the right of the said Richard as those which the same Richard Nicholas and Iohn had of the gift of the said Robert and those released and quit claymed from him and his heirs to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs And further the said Robert graunted for him and his heirs that they warrant to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs for ever And for this Recognition release quit claym warranty fine and Concord the same Richard Nicholas and Iohn gave to the said Robert 826 pound Sterling Which fine aforesaid levyed and had was levyed of the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. to the use of the said Robert Bingham the Elder for the Term of his life and after his decease then to the use of the aforesaid Robert Bingham than Son and heir apparent of the said Robert Bingham the Elder and the heirs of his body upon the Body of Ann then wife of the said Robert Bingham the Son to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever And of the aforesaid Mannor and Tenements called Wolcumb Binghams with the appurtenances to the use of the said Robert Bingham the Son and the aforesaid Ann and the heirs of the body of the said Robert Bingham the Son upon the body of the aforesaid Ann Lawfully to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever By virtue of which Fine and by force of the aforesaid Act of Parliament of transferring uses into possession made and provided the aforesaid Robert bingham the Elder was seised of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. in his demesn as of freehold for the Term of his life the remainder thereof to the said Robert Bingham the Younger in Fee tayl that is to say to him and to the heirs of his body to be begotten upon the Body of the said Ann the remainder to the right heirs of the said Robert Bingham the Elder for ever And besides the said Robert Bingham the Younger Ann his wife were seised of the said Mannor Land and Tenements called Wolcum Binghams with the appurtenances that is to say to the aforesaid Robert Bingham the
Tenements Rents Rectorie Warren Liberties and Fishing with the appurtenances in the same conteined and the same to him did render in the same Court to have and to hold and perceave the said yearly Rent of 100 pound to the said Edward the whole life of the said Johanna by the name of the Lady Johanna Bridges Mother of the said Anthony at the Feast of the Annunciation of the blessed Mary the Virgin the Nativity of Saint John the Baptist Saint Michael the Archangel and the birth of our Lord by equal portions yearly to be paid the whole life of the said Johanna the first payment whereof to begin at the Feast of the Feasts aforesaid which next after the decease of the said Anthony should happen to be And if it should happen the said yearly Rent of 100 pound or any part thereof to be behind in part or in all after any of the aforesaid Feasts in which as before is said it ought to be paid not paid by the space of 30 dayes That then and so often the said George and his heirs forfeit to the said Edward 4 pound and 15 shillings Nomine paenae as often as the said yearly Rent of 100 pound or any parcel thereof so to be behinde should happen and that then and so often it should be well lawfull to the said Ed. all the life time of the said Johanna into the aforesaid Mannors Tenements Rents Rectorie Warren Liberty and Fishing with the appurtenances in the said Fine conteined and every part and parcel thereof to enter and distreyn and the distressess so here taken and had Lawfully to lead carry away and drive and the same to keep until as wel of the aforesaid yearly Rent of 100 pound with the areaâ—ages thereof if any should be as of the aforesaid 4 pound 15 shillings Nomine Paenae as before is said he should be fully satisfied and paid Also the aforesaid George granted to the aforesaid Anthony and Barbara the aforesaid Mannors of Baddesden and Fally otherwise great Fally with the appurtenances and 20 Messuages 10 Tofts 10 Gardens 6 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 50 shilling Rent with the appurtenances in Baddesden Lugershall Fally otherwise great Fally and West Shefford and the Rectorie of great Fally with the appurtenance and Free Warren and Liberty of a Park in West Shefford otherwise great Shefford aforesaid parcel of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Fine conteyned and then did render in the same Court To have and to hold to the said Anthony and Barbara of the chief Lords of the Fee by the services which to those Mannors Tenements Rents Rectories Warren and Liberty of Park do belong the whole life of the said Anthony and Barbara and to the longest liver of them without impeachment of any waste the whole life of the said Anthony And after the decease of the said Anthony and Barbara the same Mannor Tenements Rents Rectories Warren and Liberties of Park with the appurtenances wholly to return to the said George and his heirs To be holden of the Lords of the Fee by the services which to those Mannors Tenements Rents Rectory Warren and liberty of Park belonging for ever And the aforesaid Jurors further say upon their Oath aforesaid that the said Johanna in the said Messuage and 26 Acres of Land amongst other with the appurtenances in form aforesaid being seised the said Johanna afterwards and before the within written time in which c. the 7th day of October in the year of the Reign of the said Lady the Queen that now is the 32 th at Swindon aforesaid by her certain Indenture of demise between the same Johanna by the name of Jane Harcourt of Lugershall in the County of Wilts Widdow of the one party and Edward Bridges Esquire William Bridges and Anthony Bridges Sons of the sayd Edmond and their assignes of the other party made which Indenture is dated the 21 th day of August in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid aswell for and in Consideration of the surrender of one Indenture of Demise before then granted of all and singular the premises in the said Indenture to the aforesaid Johanna then after demised or to be demised of 19 years and more then to come and not expired which the aforesaid Edmond before that time had and injoyed As of a former Indenture of Demyse at or before the sealing and deliverie of the said Indenture now in Evidence shewed the aforesaid Edward Bridges had surrendred and delivered unto the hands and possession of the said Johanna as for divers other good causes and considerations the same Johanna specially moving Demised granted and to Farm let to the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond the aforesaid Messuage and 26 Acres of Land with the appurtenances amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land amongst other to the aforesaid Edmond William and Anthony Bridges the aforesaid 2 Sons of the said Edmond Bridges for the Term of their natural lives and for the Term of the life of the longest liver and every of them successively to be injoyed Yielding and paying therefore yearly during the said Term to the aforesaid Johanna under by the name of Jane Harcourt her heirs assigns 4 pound and 2 pence of good and Lawfull mony of England at two usual Feasts or Terms of the year that is to say at the Feast of the Annunciation of the blessed Mary the Virgin 40 shillings and 1 penny and at the Feast of Saint Michael the Archangel the like sum of 40 shillings and 1 penny residue of the aforesaid 4 pound 2 pence as by the said indenture of Demise to the said Jurors in Evidence shewed more fully appeared by virtue of which demise the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond were seised of the aforesaid Messuage and 26 Acres of Land within written as the Law requireth And farther the said Jurors say upon their Oath that the aforesaid Messuage 26 Acres within written and the rest of the Tenements in the said Indenture of Demise by the said Johanna under and by the name of Jane Harecourt to the said Edmond William and Anthony Sons of the said Edmond in form aforesaid demised were not usually demised for the greater part of 20 years next before the same demise as before is said made for so little rent as by the aforesaid Indenture thereof now in evidence shewed in form aforesaid was reserved And the aforesaid Jurors farther say upon their Oath that the aforesaid Johanna afterwards and before the time in which c. that is to say the 29th day of September in the year of the Reign of the said Lady the Queen that now
6 Acres of Wood with the appurtenances in Wimondham which John Smith Gentleman to the aforesaid Arthur demised for a Term which is not yet past he entred and him from his Farm aforesaid did Eject and other harms did to him to the great damage of the said Arthur and against the peace of the Lord the King that now is c. and whereupon the said Arthur by Robert Love his Attorny complaineth that whereas the aforesaid John the 19 th day of October in the year of the Reign of the Lord the King that now is the 8 th at Wimondham had demised to the said Arthur the Tenements aforesaid with the appurtenances to have and to hold to the said Arthur his Executors and Administrators from the Feast of Saint Michael the Archangel then last past for and during the Term of 3 years from thence next following to be compleat and ended by virtu of which demise the said Arthur into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Edward afterwards that is to say the 10 th day of April in the year of the Reign of the said Lord the King that now is of England the 9 th with force and armes c. the Tenements aforesaid with the appurtenances which the aforesaid John to the said Arthur in form aforesaid demised for the aforesaid Term which is not yet past entred and him from his Farm aforesaid did Eject and other harms c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound And therof he bringeth sute c. And the said Edward by Thomas Blofield his Attorny cometh and defendeth the force and injury when c. And saith he is not guilty of the Trespasse and Ejectment aforesaid as the said Arthur against him complaineth and of this puts himself upon the Country And the aforesaid Arthur likewise Therefore it is commanded to the Sherif that he cause to come here from the day of Holy Trinity in three Weeks 12. by whom c. And who neither c. Because aswell c. At which day the Jurors between the parties aforesaid of the Plea aforesaid put was between them in respite here until this day that is to say in 8 dayes of St. Michael then next following unless The Justices of the Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Monday the 15 th day of July next At the Castle of Norwich in the County aforesaid first should come And now at this day cometh as well the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. send here their Record in these words Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assizes in the County aforesaid to be holden assigned by form of the Statute c. came aswell the within named Arthur as the within written Edward Cockle by their Attornies within written And the Jurors of the Jury whereof within is made mention being called likewise came whereof 12. that is to say Robert Seaman Adam Bale Bartholmew Harison Thomas Reynolds William Bidwel Henry Howlet Thomas Crooke Richard Russel Thomas Filney Iohn Freeman John Jewel and Edmond Johnson in the Jury aforesaid are sworn After which one of the Jurors aforesaid that is to say Robert Seaman with the assent of both parties aforesaid and by the Command of the Justices aforesaid from the Pannel aforesaid was utterly drawn c. Therefore with the assent of the parties aforesaid the Jury aforesaid was further put in respite here until in 8. dayes of St. Hillary Therefore that the Sherif have the Bodies c. And appoint Decem Tales At which day here cometh aswell the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the Sherif now sendeth That as to the distreyning of Bartholmew Stone that the Writ was so late delivered to him that for the shortnesse of the time he could not execute it but as to the putting of the Decem Tales whereof in the said Writ was made mention the said Sherif now sendeth That execution thereof doth appear in a Schedule to the said Writ annexed in which Schedule is contained the Pannel of the names of Ten Jurors whereof none c. Therefore the Jury aforesaid again is put in respite here until from Easter-day in 15. dayes unless the Justices of the King To the Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Wednesday in the first Week of Lent at Thetford in the County aforesaid first shall come for default of Jurors c. Therefore that the Sherif distrein the Jurors aforesaid by all their Lands c. And that the issues c. So that they be here unless c. to make the Jury aforesaid c. Norff. ss Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the statute c. cometh aswell the within named Arthur Legat as the within written Edward Cockle by their Attornies within contained And the Jurors of the Jury aforesaid whereof within is made mention being called likewise come who to say the truth of the within contained chosen tryed and sworn say upon their Oath That the late King and Queen Philip and Mary the 9 th day of July in the yeer of the Reigns of the same King and Queen Philip and Mary the 4th and 6th were seised of and in the Mannor of VVimondamâ— in the County aforesaid in their Demesn as of Fee in the Right of hâ—s Crown of England whereof the Lands and Tenements in the Declaration within written then were parcel and the aforesaid late King and Queen Philip and Mary so as before is said of and in the Mannor aforesaid whereof c. being seised The said King and Queen the said 9th day of July in the yeer of the Reigns of the said late King and Queen Philip and Mary the 4th and 6th made their Letters Patents under the great Seal of Eng. to one George Howard Kt. of the aforesaid Lands and Tenements in the Declaration within written named amongst other By the names of 2 pieces of Lands called Nettlehamsted VVikemans containing by estimation 15. Acres lying and VVyndmondham aforesaid in the County aforesaid then or late in the tenure or occupation of Joh. Coleman late to the Monastery of VVyndmondham sometimes belonging and appertaining parcel of the
not yet concealed nor detained but the Rents and the Reversions thereof to the said Lord the King and Lady the Queen then were answered And that Mannor was in charge and account of Record and the Rents and the Reversions thereof to the said late King and Queen Philip and Mary were answered But whether the Lands and Tenements in the Declaration above mentioned by the said Letters Patents to the aforesaid George Howard Kt. passed or not the Jurors aforesaid are ignorant and thereof pray the Advice and Consideration of the Court in the premises And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices of the Court That the aforesaid Lands and Tenements in the Declaration aforesaid mentioned by the aforesaid Letters Patents of the Lord Philip and Mary late King and Queen of England to the aforesaid George Howard did passe Then the Jurors aforesaid say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment as he before in pleading hath alleged And if upon the whole matter by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court That the Lands and Tenements in the Declaration within written by the aforesaid Letters Patents of the Lord Philip and Mary King and Queen of England to the said George Howard passed not c. False Imprisonment Michaelmass Term in the 6th yeer of King JAMES in the COMMMON-PLEAS Doctor Bonhams Case Co. 8. part London HEnry Atkins of London Doctor of Physick George Turner of London Doctor of Physick Thomas Moundford of London Doctor of Physick John Argent of London Doctor of Physick John Taylor of London Yeoman And William Bowden of London Yeoman were Attached to answer to Thomas Bonham of London Doctor in Philosophy and of Physick of a Plea wherefore they together with William Dun of London Doctor of Physick and Richard Ware of London Skinner with force and Arms him the said Thomas Bonham took imprisoned and evil handled and him in Prison against the Law and Custom of the Kingdom of England did long detain and other harms to him did to the great damage of the said Thomas Bonham and against the Peace of the Lord the King that now is c And whereupon the same Thomas Bonham by Richard Coke his Attorny complaineth That the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden together c. the 10th day of November in the yeer of the Reign of the said Lord the King that now is the 4th with force and Arms him the said John in the Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and evilly handled and him there so in Prison a long time that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England detained and other harms c. to the great damage c. and against the Peace c. whereupon he saith that he is the worse and hath damage to the value of 300. pounds and thereof bringeth sute c. And the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden by Francis Barker their Attorny come and defend the force and injury when c. And as to the coming with force and Arms say That they are not thereof guilty And of that put themselves upon the Country and the aforesaid Thomas Bonham likewise And as to the rest of the Trespass and Imprisonment aforesaid above supposed to be done The said Henry George Thomas Moundford John Argent John Taylor and VVilliam Bowden say That the aforesaid Thomas Bonham his Action aforesaid against them ought not to have because they say That before the aforesaid time in which it is supposed the aforesaid Trespasse and Imprisonment to be done The Lord Henry late King of England the 8th the 23d day of September in the yeer of his Reign 〈◊〉 by his Letters Patents which the said Henry George Thomas Moundford John Argent John Taylor and William Bowden with his great Seal of England sealed bearing date at VVestminster the same day and yeer here in Court brought Reciting Wherereas he thought it the duty of his Kingly Office in all reason to provide for the good and welfare of his People That would first of all be done if he might in due season meet with the enterprizes of wicked men first therefore ye held it necessary to restrain the boldness of wicked men who professed Physick more for avarice than out of confidence of a good Conscience Whereupon very many incommodities did arise to the rude and credulous Cōmon-people Therefore partly imitating the example of the well-governed Cities and other Nations inclined thereunto at the request of the grave Men and Doctors John Chambre Thomas Linacre Ferdinand de Victoria his Physicians of Nicholas Hatswel John Francisco and Robert Yoxley Physicians and chiefly of the right Reverend Father in Christ and Lord Thomas titled of the Holy Church beyond Tyber Priest of the most Holy Church of Rome Cardinal of York Arch-Bishop and our Well beloved Chancellor of our Kingdom of England A College perpetual of Doctors and Grave Men who Physick in his City of London and the Suburbs and within 7. Miles from the said City every way might publickly exercise he Willed and commanded to be instituted to whom for his honour and in the name of the publick good and care as he hoped the ignorance and rashness of the malitious which he remembred as well by their example and gravity to deterr as by his Lawes late made and and by Constitution to be made by the same College to punish Which that they might more easily well accomplish to the remembred Doctors John Chambers Thomas Linacre Ferdinand de Victoria his Physicians Nicholas Hatswel John Francisco and Robert Yoxley Physicians he granted that they and all Men of the same faculty of and in the City aforesaid should be in deed and Name one Body and Comminalty perpetual or College perpetual and that the said Comminalty or College every yeer for ever might chose and make of that Cōminaltie any diligent man and skilful in the faculty of Physick to be President of the said College or Comminalty to oversee rule and govern for that yeer the College or Comminalty aforesaid and all men of the said faculty and their businesses And that the said President and College or Comminalty should have perpetual succession and a Common Seal to serve for the businesses of the said Comminalty and President for ever And that they and their Successors for ever should be persons able and capable to purchase and possesse in Fee and for ever Lands Tenements Rents and other possessions whatsoever He also granted to them and their Successors for him and his Heirs That they and their Successors might purchase to them and their Successors aswell in the said City as out of it Lands and Tenements whatsover not
is to say to him and the Heirs Males of his Body issuing the Reversion thereof to the aforesaid Countess sometimes Wife of the aforesaid Richard Earl of Warwick and the Heirs of the said Countess expectant And the said late King so thereof being seized and the Reveâ—sion thereof to the said Countess in form aforesaid expectant The said Countess afterwards and before the time aforesaid in which c. At Abbotâ—sley othewise Abberly in the aforesaid County of Worcester dyed so as before is said of the Reversion aforesaid seized After whose death the Reversion aforesaid with the appurtenances descended to one Edward Earl of Warwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter of the said Countess By which the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and Right And the said Edward Earl of Warwick so thereof being seized By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th Day of January in the Yeer of his Reign the 19th amongst other things It was Enacted by him the said late King by the assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by the Authority thereof That whereas Peter Warbeck with others of the aforesaid late Kings Rebellious Enemies and Traytors in a great multitude and number to him associated entred and arrived in this Kingdom in a certain place called VVhitessonbay in the Parish of St. Bercie in the County of Cornwall the 7th day of September in the Yeer of the Reign of the said late King the 13th and levied Warr against the aforesaid late King Notwithstanding the aforesaid Peter in his Journey and issue to the said false and malicious purpose was overthrown and was taken and by the same late King committed to the Prison of the Tower of London where and in which place the aforesaid Edward Earl of Warwick confederated with the aforesaid Peter imagining and intending falsely and trayterously the death and destruction of the said late King and the overthrowing of this Kingdom of England intending to make the aforesaid Peter King of the same Kingdom by divers devises amongst them conceived and inspired endeavoured with divers his Adherents speedily by diverse false Messages and Notes to set him at liberty and at large to the intent to Execute his false and Trayterous purpose to aid and assist him to his utmost endeavour for which the aforesaid Edward Earl of VVarwick by due course of Law of the said late King out of his own Confession was convicted and attainted of High Treason as his deserts in that behalf required That the said Earl for his offences aforesaid by Authority of Parliament aforesaid should be convicted adjudged and attainted of High Treason And that he should forfeit to the aforesaid late King and his Heirs All his Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other to his use was seized or possessed of the day of the Treason either committed or done or at any time after within the Kingdom of England Ireland VVales Calice or the Counties thereof in Fee simple Fee tail for Term of life or lives Or in which the said Earl then or at any time after had lawful cause of Entry within England Ireland Wales Calis or the Counties of them And further that the aforesaid Edward Earl of VVarwick should forfeit to the said late King and his Heirs All Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Lands Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other person seized to his use or was possessed of the second day of August in the Yeer of the Reign of the aforesaid late King the 14th or at any time then after as by the said Act amongst other things more fully appeareth And the said Richard saith That the aforesaid Edward Earl of VVarwick Cousin and Heir of the said Ann Countess of VVarwick in the Fine aforesaid named and the aforesaid Edward Earl of VVarwick in form aforesaid attainted and in the Act aforesaid named are one and the same person and not other or diverse By colour of which Conviction and Attainder and by force of the aforesaid Act of Parliament The aforesaid late King Henry the 7th was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and of Right in the Right of his Crown of England And so thereof being seized and of the Mannor aforesaid with the appurtenances in his Demesn as of Fee tail in form aforesaid being seized The said late Lord the King afterwards and before the aforesaid time in which c. At VVestminster aforesaid dyed of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion aforesaid in form aforesaid seized After whose death the Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid discended to the Lord Henry late King of England the 8th as Son and Heir of the aforesaid late King Henry the 7th By which the said late King Henry the 8th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and of the Reversion of the said Mannor with the appurtenaÌ„ces as of fee right And the said late King Hen. the 8th so being thereof seized By a certain Inquisition taken at the Castle â—â— VVorcester in the aforesaid County of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King the same County by virtue of his Office by the Oathes of Richard Frier Gent. Richard â—helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh Edward Enolt Henry Dison Roger â—bud Henry VVoodward John Porter of Claynes John Brodford VValter Solli Roger Aldern of Martley and Richard VValter taken It was found amongst other things That the aforesaid Ann Countess of VVarwick in the Fine aforesaid named was seized of the Mannor aforesaid with the appurtenances whereof c. in her Demesn as of Fee and that she being thereof so seized the Fine aforesaid in form aforesaid was levied By which the aforesaid King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his Demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing And that the said Countess was seised of the Reversion of the said Mannor as of Fee and
after was Servant of the said late King Henry the 8th and one of the Grooms of the Privy Chamber of the said late King and many good laborious and laudable Services to the said late King Henry the 8th before the making of the said Letters Patents did and performed and that he said VValter the aforesaid other Letters Patents of the aforesaid Mannor of Grafton Fleuard and the said VValter and Elizabeth the aforesaid other Letters Patents of the said Mannor of Charleton with their several members and appurtenances in form aforesaid made to the said late King Henry the 8th before the making of the said other Letters Patents to them in form aforesaid made and here in Court shewed forth in his Chancery aforesaid at VVestminster aforesaid had surrendred and procured to be cancelled as in the said Letters Patents here in Court shewed forth it is alleged and testified By virtue of which Letters Patents here in Court shewed forth The said VValter and Elizabeth were seized of the said Mannor of Abottesly with the appurtenances whereof c. amongst other that is to say The said VValter in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Elizabeth in her demesn as of Free hold for the Term of her Life and the said VValter and Elizabeth so being thereof seized the said Elizabeth afterwards and before the time in which c. at Abottesly aforesaid dyed And the aforesaid VValter over-lived her and held himself in the aforesaid Mannor of Abottesly with the appurtenances whereof c. and was thereof seized in his demesn of Fee tail in form aforesaid by right of Survivour And the said VValter so thereof being seized By an Act of Parliament of the same late King Henry the 8th at VVestminster aforesaid the 8th day of July in the yeer of his Reign the 28th holden made reciting by the said Act Whereas the aforesaid Ann Countess of VVarwick in the Fine aforesaid above named in the yeer of the Reign of the late King Henry the 7th the â—â—ihrd by Fine then levied before the Justices of the King of Common-Pleas at VVestminster had given granted unto the said late King Henry the 7th amongst other things The Lordship and Mannor of Abottesly with the appurtenances in the County of VVorcester To have to the said King and the Heirs Males of his Body issuing as by the same Fine remaining on Record amongst other things it more fully appeared By virtue of which the said late King was seized of the said Mannor with the appurtenances in his demesn as of Fee tail and so thereof being seized The said Countess dyed After whose death the Reversion of the said Mannor with the appurtenances in Fee simple did descend and come to Edward late Earl of Warwick which Reversion and Fee simple of the said Mannor amongst other Castles Honours Mannors Lands Tenements and Hereditaments then after escheated and came into the Hand and possession of the aforesad late King Henry the 7th and his Heirs by the Attainder of High Treason of the said Edward Earl of Warwick as by the Record therefore more fully appeareth And the aforesaid late King Henry the 7th so thereof being seized dyed After whose death the same Castles honours manors lands tenements and Hereditaments and other the premises in the Fine aforesaid contained amongst other Lands Manors Tenements and Hereditaments descended came to the said late K. Hen. the 8th as Son Heir of the aforesaid late K. Hen. the 7th by due course of Inheritance By virtue wherof the said late K. Henry the 8th had been and was then thereof seised And because the aforesaid Castles Manors Lordships Lands Tenements and other the premises were of great value and had many great and ample Liberties Preheminences Commodities â—â—d delights to the same belonging Therefore then and there It was Enacted by Authority of the same Parliament That the aforesaid late King Henry the 8th his Heirs and Successors from hence after should have hold and injoy for ever all and singular the aforesaid Castles Mannors Tenements Lands and Hereditaments with the Appurtenances and all and singular the premises and that the said Castles Manors Tenements Lands and Hereditaments with the Appurtenannances and all and singular other the premises by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple for ever without the aforesaid or any other thing or things before then had made or used or to be allowed to the contrary in any thing notwithstanding as by the same Act more fully appeareth Saving alwayes to all and singular person and persons Bodies politique and corporate their Heirs and Successors and to the Heirs and Successors of every of them other than the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earle of Warwick Father of the late Countesse all such Rights Titles Uses Interests terms of years Demise Demises Rents Fees Annuities Possessions Reversion Remainder Distresses Entries Actions Grants Offices Commons Commodities Liberties Profits Sutes in such manner form conditions as they or any of them their heirs successors or the heirs or succes of any of them had could might or ought to have had if the Act aforesaid never had bin made any thing in the said Act of Parliament to the contrary notwithstanding as by the said Act amongst other things it more fully appeareth By colour of which Act the Reversion aforesaid to the aforesaid Manor of Abbottesley otherwise Abberley and the Manor aforesaid in Reversion after the Estate and Interest of the aforesaid Walter Walsh and Elizabeth his wife so as before is said granted to the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple did belong according to the form and effect of the Act aforesaid By which the said late King Henry the 8th was seised of that reversion as of Fee and right and the said late King so being thereof seised and the said Walter of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. in form aforesaid being seised The aforesaid Walter at Abbottesley aforesaid before the aforesaid time in which c. died of such his Estate so seised After whose decease The said Manor with the Appurtenances whereof c. descended to one Walter Walsh his Son as Son and Heir Male of the body of the same Walter Walsh his Father Issuing By which the said Walter Walsh the Son after and before the time in which c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and the aforesaid late King Henry the 8 th was seised of the Reversion thereof as of Fee and Right and so thereof being seised The said late King afterwards and before the time in which c. at
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
and singlar the premises whereof the aforesaid Christopher Digges the Father was before seized due to us or to any other for Wardship Primer-seisin Livery or any other manner That his last Will and meaning was to leave that there might descend all those his Lands and Tenements called and known by the name of Eastendown containing 110. Acres of Lands and all those Lands and Tenements and Heditaments which the aforesaid Christopher Digges the Father had by descent after the death of Thomas Digges of Newington neer Sittingâ—orn Esquire then deseased And if the Lands and Tenements as above is said left to descend should not be sufficient to satisfie to us for the 3d. part was due to us then his Will meaning was That so much of the other of his Lands next adjoyning to Eastendown aforesaid should descend and should be to his said Son Thomas Digges as should be sufficient to satisfie and fulfil to us the third part And by the said his Testament expresly gave and bequeathed the other two parts of the aforesaid Mannors Lands and Tenements and other the premises before mentioned with their appurtenances whatsoever to the use of the payment of his Debts and maintainance of Martha Digges then his Wife And that afterwards the said Christopher Digges of all and singular the premises aforesaid as is before said being seized the 14th day of the moneth of March in the yeer 1566. dyed leaving after him issue Five Sons then living in full life being that is to say the said Thomas Digges in the said Commission named and the aforesaid Christopher Edward Reginald and John Digges which said John dyed in the life of him the said Thomas without issue And that the said Christopher and Edward for further shewing of their Right in the premises said and are ready to aver That the aforesaid Christopher their farther ever in his time had held or enjoyed any of the Lands and Tenements by descent of Inheritance of the said Thomas Digges of Newington aforesaid By which the third part of the said Lands and Tenements of him the said Christopher be limitted and appointed to descend to satisfie us for the Wardship of the Heir of the said Christopher according to the intent of the same Testament and last Will remained to be made and taken out of the aforesaid Lands called Eastendown and of other the Lands and Tenements of the same Christopher to the said Lands called Eastendown next adjoyning And further the said Christopher and Edward Sons of the aforesaid Christopher in Facto said That the demesn Lands of the said Mannor of Outelmeston at the time of the death of the said Christopher the Father were next adjoyning to the aforesaid Lands called Eastendown And that the aforesaid Christopher Digges the Father at the time of his death had not any Lands or Tenements next situate and adjoyning to the said Lands called Eastendown than the demesn Lands of the Mannor of Outelmeston with their Rights and Members By which the third part by the aforesaid Testament and last Will left to descend ought to be taken out of the aforesaid Lands called Eastendown and of the demesn Lands of the said Mannor of Outelmeston aforesaid called Eastendown next adjoyning And also said That the aforesaid Mannors Lands and Tenements whereof the aforesaid Christopher dyed seized contained in them 2500. Acres of Lands And that the third part of the 2500. Acres of Lands is 833. Acres of Lands by which to make the Lands called Eastendown a full third part of all the Mannors and Tenements whereof the said â—hristopher Digges dyed seized ought to be taken out of the demesn Lands of the said Mannor of Outlemeston next adjoyning to the said Lands called Eastendown 733. Acres Which third part of the Mannors and Lands aforesaid after the death of the said â—hristopher Digges Father of the said Thomas Christopher Edward Reginald and John as Sons of the said Christopher descended and of Right ought to descend And that the aforesaid Lands called Eastendown as also the aforesaid demesn Lands of the aforesaid Mannor of Outlemeston are and time whereof the Memory of Man is not to the contrary are and were of the Tenure and nature of Gavelkind and for all that time parted and partable between Heirs Males By which the said Thomas Christopher Edward Reginald and John into the aforesaid Lands called Eastendown and so much of the aforesaid demesn Lands of the aforesaid MaÌ„nor of Outelmeston aforesaid called Eastendown next adjoyning as with the aforesaid Lands called Eastendown amounted to the third part of all the aforesaid MaÌ„nors Lands TenemeÌ„ts whereof the said Christ-Digges aforesaid dyed seized entred and were thereof seized in their demesn as of Fee in Copercenery And so thereof being seised The said John Digges dyed without issue of his body of his purpart thereof seised after whose death the aforesaid Thom. Christopher Edward Reginald were seised of the aforesaid Lands called Eastendown and of so much of the demesn Lands of the aforesaid Manor of Owtelmestone aforesaid called Estendown next adjoyning as with the aforesaid Lands called Eastendown did amount to the third part of all the aforesaid Manor Lands and Tenements whereof the aforesaid Christopher dyed seised and were thereof seised in their demesn as of Fee in Copercenerie they being thereof so seised the aforesaid Thomas Digges dyed thereof seised and further the said Christopher and Edward said that afterwards the aforesaid Thomas Digges in the aforesaid Commission named so thereof as is said of his purpart of the premises being seised dyed thereof seised after whose death the said Christopher and Edward together with the aforesaid Reginald into the aforesaid Lands and Tenements being as before is said of the nature and tenure of Gavelkind entred and were by virtue of the said Custome of Gavelkind thereof Lawfully seised in Copercenerie as of their purparts until after the birth of thesaid Thomas Posthumus Digges and by Colour of the Inquisition aforesaid the aforesaid Lands called Eastendown and the aforesaid Manor of Owtelmestone amongst other things were totally and wholly seised into our hands And the aforesaid Christopher and Edward utterly thereof and of their aforesaid purparts thereof to them as before is said due and belonging they were amoved and expelled unjustlie with this that the said Christopher and Edward will averr that the aforesaid Manor of Owtelmestone and the aforesaid Lands called Eastendown in the aforesaid last Will of the aforesaid Christopher the father mentioned and left to descend as afore is said are the same Lands called Eastendown and the said Manor of Owtelmestone in the Inquisition aforesaid mentioned whereof the said Christopher and Edward demand Judgment and that our hands from the two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Owtelmestone next adjoyning to the aforesaid Lands called Easten as do amount to the third part of the aforesaid Manors and
Tenements aforesaid with the appurtenances as the aforesaid Christopher Digges the Son and the said Edward Digges in their Declaration above have alleged For Plea say That the aforesaid Christopher Digges the Father in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances in his Demesn of Fee and so thereof being seized the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th at Owtelmeston aforesaid by a certain Indenture between him the said Christopher of the onâ— part And Henry Crispe of Tennet in the aforesaid County of Kent Knight John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood Gent. of the other part made and with the Seal of the said Christopher the Father sealed bearing date the same day and yeer Aswel in the consideration of a Mariage between the said Christopher the Father and Martha Sister of the aforesaid John and Richard Brook before that time had and solemnized as in the consideration of the sum of 200. pounds of good and lawful Mony of England before the solemnization of the Mariage aforesaid to the said Christopher the Father paid and also for the preferring and sure advancing of the aforesaid Thomas Digges then Son and Heir aparent of the said Thomas begotten As also for diverse other good causes and considerations the said Christopher the Father moving Covenanted Granted and Agreed to and with the aforesaid Henry Crisp John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood their Executors and Administrators in form following That aswell the said Christopher Digges the Father and his Heirs and every other person and persons their Heirs who then stood or were seized or that at any time then after should stand or should be seized of and in all and singular the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Christopher Digges the Father whatsoever with the Appurtenances situate lying and being in the aforesaid County of KENT from thence forward should stand and be seized of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of KENT with all and singular their Appurtenances to the onely uses and intents afterwards in the said Indentures mentioned and expressed and to no other use intent or purpose That is to say To the use of the said Christopher Digges the Father for the Term of his life And after the decease of the said Christopher the Father to the use of the said Thomas Son of the said Christopher the Father and the Heirs Males of the Body of the said Thomos lawfully begotten or to be begotten and for default of such issue to the use of the Heirs Males of the Body of the said Christopher the Father upon the Body of the said Martha lawfully to be begotten as by the said Indenture amongst other things it more fully appeareth By virtue whereof and by force of a certain Statute of tranferring of uses into possession in the Parliament of the late King HENRâ— the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The said Christopher Digges the Father was seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as of Free-hold for the Term of his life the Remainder thereof to the aforesaid Thomas in form aforesaid expectant And the said Christopher the Father being thereof so seized the Remainder thereof in form aforesaid expecting The said Christopher the Father at Owtelmeston aforesaid dyed of such his Estate thereof seized After whose Death The said Thomas Digges the Son into the Mannors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail that is to say to him and the Heirs Males of his Body begotten by virtue of the Indenture aforesaid and by force of the Statute aforesaid And so being seized of all and singular the Mannors and Tenements aforesaid The aforesaid 10th day of April in the yeer of the Reignof the said Lady the Queen that now is the 32th At Owtelmeston aforesaid of such his Estate dyed seized Thomas Posthumus Digges being Son and Heir of his Body within Age and in the Ward of the said Lady the Queen as by the said Inquisition it is found without that that the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as Fee as the aforesaid Christopher the Son and Edward in the Monstrans de droit aforesaid above have alleged And this they are ready to aver Whereupthey demand Judgment If the Hands of the said Lady the Queen from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the Mannor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Mannors Lands and Tenements whereof it is supposed that the said Christopher the Father dyed seized in 4. parts to be divided or of any part thereof ought to be amoved Or the aforesaid Christopher Digges the Son and Edward to the aforesaid purparts of the premises in the mean time aforesaid received ought to be restored And the aforesaid Christopher the Son and Edward as at first say That the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid in his Demesn as of Fee as in their Monstrans de droit aforesaid above they have alleged And this they are ready to aver And pray that it be inquired of by the Country And the aforesaid Thomas Palmer and Margaret likewise c. And therefore day is given to the parties aforesaid before the said Lady the Queen in 8. dayes of Saint Hillary wheresoever it should be to do and receive what shall be just in the premises And that it is commanded to the Sherif of KENT that he cause to come before the said Lady the Queen at that day 12. good and lawful men of the Neighbourhood of Barham Lenham Frensted Harrisham Sturrey Hackington and the Parish of Saint Stephens and of the Mannor of Netherhard in his Balywick whereof every one have 4. l. per Annum in Lands Tenements or Rents at the least by whom the truth of the matter might best be known And who neither c. To Recognize c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and Edward Digges by Thomas Westbie the Elder their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif of KENT retorned the names of the Jurors c. Whose names c. Whereof none c. Therefore it is commanded to the said Sherif of KENT that he have their Bodies afore the Lady the Queen in 8. dayes of the
their demesn as of Fee and Right and of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof then they brought sute c. And the said John Hunt in his proper person then defended his Right when c. And vouched thereof to warranty the aforesaid William Capel who then present there in the same Court here in his proper person willingly the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid to him did warrant And upon that The said Thomas and Baldwin then demanded against the aforesaid William Tenant by his Warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advoson aforesaid in form aforesaid c. And whereupon then said That they themselves were seized of the Manor Tenements and Rents aforesaid with the Appurtenances in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid William Tenant by his Warranty aforesaid then defended his Right when c. And further then vouched to warranty John Howel who then likewise was present here in the said Court in his proper person and willingly the Manor Tenements and Rents aforesaid with the Apurtenances and the Advowson aforesaid to him did warrant c. And thereupon The said Thomas and Baldwin then demanded against him the said John Howel Tenant by his warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rents aforesaid in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the said Lady the Queen that now is taking the Profits therof to the value c. in wch c. And thereof then brought therâ— sute c. And the aforesaid John Howell Tenant by his Warranty defended then his Right when c. And then said That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin of the Manor Tenements and Rents aforesaid with the Appurtenances and of the Advowson aforesaid as the said Thomas and Baldwin by their Writ and Declaration above then supposed and of that then put themselves upon the Country and the aforesaid Thomas Spenceley and John Barldwin then demanded licence thereof to in parl and had it and aferwards the said Thomas and Baldwin came back here into the same Court here the same Term in their proper persons and the aforesaid John Howel although he was solemnly called did not then come back but in contempt of the Court departed and made default By which Then it was granted in the same Court here That the aforesaid Thomas Spenceley and Baldwin recover their seisin against him the said John Hunt of the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid And that the said John should have of the Lands of the said William Capel to the value c. And that the said William further should have of the Lands of the said John Howel to the value c. And that the said John then should be in mercy c. By virtue of which Recovery The aforesaid Thomas Spenceley and Baldwin into the Manor and Tenements aforesaid with the Appurtenances entred and was thereof seized in their demesn as of Fee Which Recovery and the Execution thereof in form aforesaid sued forth and had was to the use of the said John Hunt and his Heirs for ever By which and by force of the Statute aforesaid the said John Hunt was seized of the Manor aforesaid with the Appurtenances in his demesn as of Fee And so thereof being seized before the time of the taking c. put his Cattel aforesaid into the aforesaid 300. Acres of Land the grass then there growing to eat and the Cattel aforesaid were in the said 300. Acres of Land the grass in them then growing eating until the aforesaid Thomas Gateley the aforesaid 22th day of November in the yeer of the said Lady the Queen that now is at Hew Capel aforesaid in the aforesaid place called Stockins took the said Cattel of him the said John and them unjuly detained against Gages and Pledges until c. as the said John against him above complaineth And this he is ready to aver Wherefore in as much as the aforesaid Thomas Gately the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said John demands Judgement and his damages for the occasion of the taking and unjustly detaining of the said Cattel to him to be adjudged And the aforesaid Thomas Gateley saith That the aforesaid Plea of the said John Hunt in bar of the Avowry aforesaid pleaded iâ— insufficient in Law to bar him the said Thomas as Bayliff of the aforesaid Anthony from the just avowage of the taking of the Cattel a-aforesaid in the place in which c And that he to that Plea in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver wherefore for want of a sufficient Plea in this behalf The said Thomas demands Judgement and a return of the Cattel aforesaid together with his damages to be adjudged unto him c. And the aforesaid John Hunt in as much as he sufficient matter in Law to the aforesaid Thomas as Bayliff of the same Anthony from the just acknowleging of the taking of the Cattel aforesaid in the place aforesaid in which c. to be barred above confesseth which he is ready to aver which matter the aforesaid Thomas doth not deny nor to the same any wayes Answereth but altogether refuseth to admit the same Averment As at first demandeth Judgement and his damages by the occasion of the taking and unjustly detaining of the Cattel aforesaid to be to him adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because that the said Justices here thereof are not yet c. At which day here come aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the said Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
said late Queen after the beginning of her Reign was or then after should be intituled by any Attainder Escheat Conveiance or Assurance whatsoever and in which Letters Patents Grants or Writings no Estate Tail then before made or supposed to be made was recited or from henceforth should be and the Reversion or Remainder thereof expectant in the said Letters Patents Grants or Writings granted or mentioned to be granted or any defect of certainty or ill computing mistaking rating or setting forth of the yeerly value or rate of the premises or yeerly Rents reserved of and for the premises or any parcel thereof mentioned or conteined in the same Letters Patents aforesaid or other Writings or for that that the premises then were or any part thereof valued at a greater or lesser value in the said Letters Patents or Writings than the said Manors Lands Tenements and other premises then were or were in yeerly value or any misnaming or not true naming of Town Hamblet Parish or County where the said Honors Manors Lands Tenements Rents Hereditaments and other the premises and every part thereof or any parcel thereof lay or were or any defect of true naming of the Lands Tenements or Hereditaments or any parcel thereof or of the Nature Kind Quality or Quantity of the aforesaid Possessions or Hereditaments or of any parcel thereof or any default of true naming of any Corporation or any default of Attornment Livery or Seisin or any ill naming of any the late Tenants of the aforesaid Honors Manors lands Tenements and Hereditaments or of any part thereof so sold granted or given or any ill naming of any person or persons Bodies Politick or Corporate who any time before the making of such Letters Patents were or then after should be proprietors of the premises or any any part thereof to the contrary notwithstanding as by the said Act amongst other things it more fully appearh And the said John Hele and Warwick further say That the said late Queen Elizabeth never had any Son And that the aforesaid Gellio Merick and Henry Liâ—dley were at and before the time of the making of the said Leters Patents so as before is said made Subjects of the said late Queen Elizabeth and born at Westminster aforesaid All and singular which The said John Hele and Warwick are ready to aver Whereupon they demand Judgement if the said Letters Patens of the aforesaid late Queen Elizabeth of the Manors aforesaid with the Appurtenances so as before is said made ought to be revoked and annulled or the Manors aforesaid with the Appurtenances or any of them ought to be seized into the Hands of the Lord the King that now is c. And the aforesaid Henry Hobert Knight Attorny General of the Lord the King that now is who c. present in Court in his proper person As to the aforesaid Plea of the said Henry Lindley above in form aforesaid pleaded for the said Lord the King saith That the said Henry Lindley ought not be admitted to plead That there is not any such Record of any such Act of Parliament of the aforesaid Lord King Edward the 3d. made Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made as in the aforesaid Writ of Scire Facias thereof is recited and specified Because he saith That the said Lord King JAMES now King of England saw the Inrollment of the aforesaid Act of Parliament of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is within his Tower of London in the yeer of the Reign of the aforesaid late King Edward the 3d. the 11th inrolled upon Record there remaining The Tenor of Inrollment of which Act of Parliament and Charter aforesaid the said JAMES now King of England by his Letters Patents under the Great Seal of England sealed here in Court by the aforesaid Attorny General of the Lord the King that now is for the said Lord the King that now is now brings in Court bearing date at Westminster aforesaid the 5th day of March in the yeer of the Reign of the said Lord the King that now is of England France and Ireland the 3d. and of Scotland the 39th Exemplified amongst other things Which Exemplification as to the Inrollment of the aforesaid Act of Parliament and Charter aforesaid followeth in these words JAMES by the Grace of God of England Scotland France and Ireland defender of the Faith c. To All to whom these present Letters shall come greeting We have seen the Inrollment of a certain Charter bearing date the 17th day of March in the yeer of the Reign of the Lord Edward late King of England the 11th To his well-Beloved and Faithful Edward Earl of Chester his Eldest Son granted in the Rolls of our Chancery within the Tower of London remaining of Record in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Provosts Ministers and all Bayliffs and his faithful People Greeting Amongst other the tokens of Honour of our Kingdom we esteemed it the chiefest that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels Therefore there being many degrees of Inheritance in our Kingdom where by descent the Inheritance according to the Law of this Kingdom to Co-heirs and Parciners and for want of such issue and such like events the same came to our Hands We therefore desiring to beautifie our Kingdom and in best manner to defend our Kingdom and the holy Church thereof and our Subjects and Kingdoms against the endeavors and Adversaries thereof and considering and looking that Peace between us and Subjects be maintained and to dignifie the Places of honour of our Kingdom And taking into our consideration the person of our well-Beloved and Faithful Edward Earl of Chester our Eldest Son and taken to Honour the same our Son the name and Honour of Duke of Cornwall with the common consent and counsel of the Prelates Earls Barons and others of our Counsel in this present Parliament at Westminster upon Monday next after the Feast of Saint Mathew the Apostle last past being assembled we have given and made him Duke of Cornwall and girt him with a Sword as behoveth And that there may be no doubt hereafter what or how much the same Duke or other Dukes of the same place who for the time shall be in the name of the said Dutchy ought to have Our Will is that all in specialty which to the said Dutchy doth beloug be inserted in this our Charter Therefore for us and our Heirs we have given and granted and by this our Charter confirmed to the same our Son under the name and Honour of Duke of the said Place The
Castles Manors Lands and Tenements and other things under written That he the State and Honour of the said Duke might uphold and the charges and burthens thereof the better uphold that is to say The Sheriffwick of the County of Cornwall with the Appurtenances so as the said Duke and other Dukes of the same place for the time being make and appoint Sheriffs of the said County of Cornwall at their will and pleasures and to do and execute the Office of Sheriffs there as heretofore it used to be done without any hindrance of us or our Heirs forever As also the Castle Burrough Manor and Honour of Launceston with the Park there and other as Appurtenances in the County of Cornwall and Devonshire The Castle and Manor of Tremeton with the Town of Saltesh and the Park there and other the Appurtenances in the said County The Castle Burrough and Manor of Tintagel with the Appurtenances in the said County of Cornwall The Castle and Manor of Restormel with the Park there and other the Appurtenances in the said County And the Manor of Clymestond with the Park of Keriballock and other their Appurtenances Tibeste with the Balywick of Powderhine and other their Appurtenances Twynton with the Appurtenances Helleston in Kerior with the Appurtenances Morsk with the Appurtenances Tevernaile with the Appurtenances Pengkeseth with the Appurtenances Peâ—lyn with the Park there and other the Appurtenances Kellaton with the Bedelry of Estwyueleshire and other the Appurtenances Helleston in Fryshire with the Park of Hellesbury and other its Appurtenances Lyskireâ—â— with the Park there and other the Appurtenances Calistock with the Fishing there and other the Appurtenances and Tatskid with the Appurtenances in the said County of Cornwall And the Town of Lostwickiell in the said County with the Mill there and other the Appurtenances And the Prizage and Customs of our Wines in the said County of Cornwall and also the Profits of all the Ports within the same our County of Cornwall to us belonging together with Wreck of the Sea as well of Whales and Sturgeon and other Fishes which do belong to us by reason of our Prerogative and whatsoever belongs to Wreck of Sea with the Appurtenances in our said County of Cornwall And the Profits and emoluments of our County holden in our County of Cornwall And Hundreds and Courts in the said County to us belonging As also our Stannary in the said County of Cornwall together with the Coinage of the said Stannary and all issues and Profits thereof arising And also all the Issues Profits and Perquisites to the Court of Stannary and the Mines of the said County except only 1000. Marks which to our well-Beloved and Faithful William de Monte acuto Earl of Salisbury we have granted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the Issues and Profits of the aforesaid Coinage until the Castle and Manor of Tonbridge with the Appurtenances in the County of Wilts To the Manor of Aldebourn Ambresbury and VVinterbourn with the Appurtenances in the said County and the Manor of Caâ—eford with the Appurtenances in the County of Dorset and the Manor of Hâ—ngstrig and Charleton with the Appurtenances in the County of Somerset which our Beloved and Faithful John de VVarren Earl of Surrey and Johan his Wife hold for the term of their life and which after their deaths to us and our Heirs ought to return after the decease of the said Earl and Johan to the aforesaid Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we granted to remain and 200. Marks of Land and Rent which to the said Earl of Salisbury to have in form aforesaid we granted to be provided came to our Hands And also our Stannary in the aforesaid County of Devon with the Coinage and all Issues and Profits of the same And also the Exites Profits and Perquisites of the said Court of Stannary And the Water of Dertmouth in the said County And the yeerly farm of 20. pound of our City of Exeter and the Prizage and Customs of our Wines in the Water of Sutton in the said County of Devon As also the Castle of Wallingford with its Hamblets and Members and the yeerly Farm of the Town of VVallingford with the Honors of Wallingford and De Sancto Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever those Honours were And the Castle Manor and Town of Berkhamstead with the Port there together with the Honour of Berkhamstead in the Counties of Hertford Buck. and Northampton and other their Appurtenances And the Manor of Biflet with the Park there and other the Appurtenances in the County of Surrey To have and to hold to the said Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England by Inheritance to succeed together with Kingly Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as weâ— Free as Vâ—lleins and all other things to the aforesaid Castles Burroughs Towns Manors Honours Stannaries and Coinage Lands and Tenements howsoever and wheresoever belonging or appertaining of us and our Heirs for ever together with 24. pound of yeerly Farm which our well-Beloved and Faithful John de Merz to us by the yeer for all his life is bound to pay for the Castle and Manor of Mere with the Appurtenances in the County of Wilts granted to him by us for the Term of his life to be taken every yeer by the Hands of the said John for the Term of his Life and with the aforesaid 1000. Marks yeerly to the aforesaid Earl of Surrey of the issues of the Coinage aforesaid by us so granted after obteined by him or his Heirs Males of his Body to be begotten seisin of the said Castle and Manor of Tunbridge and the Manors of Aldebourn Ambresbury Winterborn Caneford Hengstrigg Charleton after the deaths of the same Earl of Surrey and Johan And the said 200. Marks Land and Rent to the said Earl of Salisbury and the Heirs Males of his Body begotten so provided for the proportion of the said Castles Manors Lands and Tenements with the whole and particularities to the Hands of the said Earl of Salisbury and the Heirs Males of his Body should come We have moreover granted for us and our Heirs and by this our Charter we have confirmed That the Castle and Manor of Knaresburgh with the Hamblets and Members thereof and the Honour of Kneasbough in the County of York and other Counties wheresoever the same Honour should be The Mannor of Istleworth with the Appurtenances in the County of Middlesex which Philippa Queen of England our most dear Coâ—â—ort holdeth for Term of Life And the Castle and Manor of Lydeford with
assembled That the said late King should have hold possess and enjoy to Him his Heirs and Successors all and singular such late Monasteries Abbies Priories Nunneries Colledges Houses of Fryers and other Ecclesiastical and Religious Houses and places of what kinds natures qualities or diversities of Habits Rules Professions or Orders they or any of them were named known or called which after the fourth day of February in the year of the Reign of the aforesaid late King the 27th were dissolved suppressed renounced relinquished forfeited given up or by any other means came to his Highnese and by the same Authority and in like manner should have hold possess and enjoy all Scites Circuits Precinctts Mannors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories Appropriated Vicaridges Churches Chapels Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Commons Leets Courts Liberties Priviledges Franchises and other whatsoever Hereditaments which appertained or belonged to the said late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryers and other Religious and Ecclesiastical Houses and Places at the time of the aforesaid dissolution suppressing renouncing forfeiting giving up or by any other manner of means came to the said Kings Highnesse after the 4th day of February above mentioned And further it is Enacted by the Authority aforesaid That not only all the singular the aforesaid late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places Scites Circuits Precincts Manors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services and all the singular other the premises from thence immediatly and presently but also all other Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and all and singular other Ecclesiastical and Religious Houses which hereafter should happen to be dissolved suppressed renounced relinquished forfeited given up or by any other means came to the Kings Highnesse And also all Scites Circuits Precincts Manors Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories approprate Viccarages Churches Chapels Advowsons Nominations Patronages Hundreds Rights Interests Entries Conditions Leets Courts Liberties Privileges Franchises and other Hereditaments whatsoever were belonging or appertaining to them or any of them whersoever and as soon as they should be dissolved suppressed renounced relinquished forfeited given up or by any other means come to the Kings Highnesse should be vested and adjudged by Authority of the same Parliament in the very actual and real seisin and possession of the said late King his Heirs and Successors for ever in state and condition as then they were And as if all the said Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses so dissolved suppressed renounced relinquished forfeited given up or came to the Kings Highnesse as aforesaid as also the aforesaid Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places which then after should happen to be dissolved suppressed renounced relinquished or given up to his said Highnesse Scites Circuits Precincts Manors Lordships Grainges and other the premises whatsoever in the said Act of Parliament specially or particularly recited or expressed by expresse Names Words Faculties and in their Natures Kinds Qualities as in the said Act amongst other things more fully it appeareth And the said Jurors further say upon their Oath aforesaid That the aforesaid Monastery or Priory of Bolton aforesaid after the aforesaid 4th day of February in the 27th yeer aforesaid that is to say the 11th day of June in the yeer of the Reign of the said late King the 31th aforesaid was dissolved By Colour of which Dissolution and by force of the Statute aforesaid That aforesaid late King was seized of the aforesaid Monastery or Priory of Bolton aforesaid and of the Reversion of the aforesaid 4. acres of Land with the Appurtenances amongst other things in his Demesn as of Fee in the Right of his Crown of England And that the aforesaid Messuage and Tenement called Vngthorp and the aforesaid 4. acres of Lands with the Appurtenances in which c. At the time of the Dissolution aforesaid were parcel of the possessions of the aforesaid Monastery or Priory And the said late King so thereof being seized the 3d. day of April in the 33th yeer of his Reign By his Letters Patents sealed with the Great Seal of England to the Jurors aforesaid shewed in Evidence Gave and Granted unto Henry late Earl of Comberland all the aforesaid Tenement Messuage and Farm with the Appurtenances called Vngthorp whereof the within written 4. acres with the Appurtenances adjoyning were and yet are parcel To have and to hold to the said late Earl his Heirs and Assigns for ever By Colour of which Letters Patents The said late Earl was amongst other things seized of the Reversion of the aforesaid Tenement Messuage and Farm with the Appurtenances whereof the aforesaid 4. acres of Lands with the Appurtenances in which c. then were and yet are parcel in his Demesn as of Fee And the aforesaid Hugh and Agnes for the aforesaid Term of yeers in form aforesaid being possessed the Reversion thereof to the aforesaid Earl his Heirs expectant the aforesaid Hugh dyed of the aforesaid 4. acres of Land with the Appurtenances in which c. in form aforesaid possessed And the aforesaid Agnes overlived him the said Hugh and was of the aforesaid 4. acres of Land with the Appurtenances in which c. possessed by way of Survivor c. And the aforesaid Agnes so being thereof possessed the Reversion thereof to the late Earl in form aforesaid expectant The said late Earl made sealed and delivered a certain Indenture as his deed of the aforesaid 4. acres of Land with the Appurtenances in which c. amongst other things The Tenor of which followeth in these words This Indenture made the 10th day of September in the yeer of the our Lord God 1545. and in the seven and thirtieth yeer of the Reign of our Sovereign Lord Henry by the Grace of God King of Eng. France and Ire defender of the faith c. in the earth the supream Head of the Church of Engl. Ire Between the Right Noble Lord Henry Earl of Comberland Lord of the Honour of Shipton Lord of Westmerland and Vestion of the one part And Agnes Baldwin or Vngthorp Widow and Anthony Baldwin of the other part Witnesseth That the same Earl for the sum of 58. pound 13. shillings and 4. pence Sterling at the day of the Date hereof by the said Agnes and Anthony paid to the said Earl whereof the said Earl acknowledgeth himself to be truly contented and paid and the said Agnes and Anthony their Heirs and Executors thereof and of every part thereof to be discharged and acquitted for ever Hath Covenanted Granted and to Farm Letten and
said Lady the Queen of the Bench here at Westminster in Easter Term in the yeer of the Reign of the said Lady the Queen the 30th abovesaid before the then Justices of the said Lady the Queen of the Bench here as the deed of the said William Haw by him the said William acknowledged and within 6. Moneths then next following that is to say the same Easter Term in due manner in the said Court of Record inrolled according to the form of the Statute in such case made and provided for and in consideration of 120. pound to the said William by the said Richard before that time paid bargained and sold to the said Richard amongst other things the Reversion aforesaid To have and to hold to him and his Heirs for ever By Colour of which Bargain and Sale and Inrollment aforesaid and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th holden at Westminster in the County of Middlesex the 4th day of February in the yeer his Reign the 27th Of transferring of uses into possession the aforesaid Richard was and yet is seised of the Reversion aforesaid in his Demesn as of Fee And the said Richard so thereof being seised and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances to her in form aforesaid granted being possessed The said Elizabeth did waste spoyle and destruction of the Lands that is to say in digging in 10. Acres of Land in Goring aforesaid parcel of the Tenements aforesaid to the aforesaid Robert demised 100. loads of Clay taking for the price of every load of Clay thereof 8. pence and cutting down and selling of the Woods also in a certain Wood called Heighgrove containing 10. Acres of Wood with the Appurte in Goring aforesaid and parcel of the Tenements aforesaid with the Appurtenances to the said Robert above in form aforesaid demised 20. Oaks the price of every Oak 5. shillings through the said whole Wood here and there growing and in a certain other Wood called the Hedge Row lying in Goring aforesaid near the aforesaid Wood called Heighgrove in Goring aforesaid parcel of the Tenement aforesaid with the Appurtenances in form aforesaid to the aforesaid Robert demised 40. Oaks the price of each of them 6. shillings through the said whole Wood here and theregrowing and in a certain Coppice called Home Coppice in Goring aforesaid parcel of the aforesaid Tenements with the Appurtenances to the said Robert in form aforesaid above demised 100. Oaks price of each of them 10. shillings in the said Coppice called Home Coppice late growing here and there And in 20. Acres of Pasture called the Hanging in Goring aforesaid lying there bebetwixt a certain Close called High grove hill and another Close called Dicker grove hill that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised 10. Oaks price of each of them 6. shillings Six Ashes price of each of them 5. shillings and 10. Beeches price of each of them 6. shillings in the aforesaid 20. Acres of Pasture likewise late here and there growing and in a certain Hedge of a certain Close called Home field in Whitchurch aforesaid that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised lying near unto a Wood called Hawes Coppice 3. Oaks price of each of them 10. shillings and one Beech price 10. shillings and in a certain other Hedge of the Close aforesaid called Home field in VVhitchurch aforesaid that is to say parcel of the Tenements aforesaid to the aforesaid Robert in form aforesaid demised lying near to the aforesaid Wood called Home Coppice 10. Oaks price of each of them 20. shillings and also in suffering the sprouts of the Roots of 20000. other little Oaks called Oakesciapling of 20000. Beeches and 200. Ashes to the value of 20. pound in the said Wood called Heigh grove and 10000. of other little Oaks called Oakesapling 10000. of Beeches and 100. of Ashes to the value of 20. pound in the aforesaid Wood called the Hedge Row and 10000. of Oaks 10000. of Beeches and 200. of Ashes in the aforesaid Coppice called Hawe Coppice by the said Elizabeth through the whole Woods here and there growing to be cut and to be eaten and utterly destroyed and wasted with Cattel to the dissenherisin of the said Richard and against the form of the Provision aforesaid Whereupon he saith he is the worse and hath damage to the value of 200. pound and thereof he bringeth Sute c. And the the aforesaid Elizabeth by Ralph Burges her Attorny cometh and desendeth the force and injury when c. And whatsoever c. And saith that the aforesaid Richard his Action against her ought not to have Because she saith That well and true it is That the aforesaid William Haw was seised of the Tenements aforesaid with the Appurtenances in his Demesn as of Fee and being thereof so seised the aforesaid 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th abovesaid By his Indenture demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances except before excepted To have and to hold to him and his Assigns from the aforesaid Feast of the birth of our Lord then last past until the end and Term of the aforesaid 16. yeers then next following and fully to be compleat and ended By virtue of which demise the aforesaid Robert into the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the aforesaid 20th day of August abovesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid premises with the Appurtenances above demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised entred and waâ— thereof possessed as the aforesaid Rich. by his Declaration above supposeeth But the said Elizabeth further saith That the said Elizabeth of the Tenements aforesaid with the Appurtenances above demised in form aforesaid being possessed and the said William Haw of the Reversion thereof being seised in his Demesn as of Fee after the aforesaid 7th day of May in the 30th yeer aforesaid and before the aforesaid Indenture of Bargain and Sale Between the aforesaid William of the one part and the aforesaid Richard of the other part made in the Court of the Lady the Queen of the Bench in form aforesaid was inrolled A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here that is to say at WESTMINSTER aforesaid from the aforesaid day of Easter in 15. days in the yeer of her Reign the 30th abovesaid before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said
Lady the Queen of the Bench and other of the said Lady the Queens leige People then there present Between the aforesaid Richard by the name of Richard Libb Gentleman Plaintiff and the aforesaid William Haw and Ellen his Wise Deforceants of the Tenements aforesaid above in form aforesaid demised amongst other things by the name of One Messuage One Cottage Two Gardens 70. Acres of Land One Acre of Meadow 10. Acres of Pasture 60. Acres of Wood and 10. Acres of Furz and Heath with the Appurtenances in Goring and Whitchurch aforesaid in Maple Decam in the County aforesaid whereupon a Covenant was summoned betwixt them in the said Court that is to say that the aforesaid Williliam and Ellen acknowledged the Tenements aforesaid to be the Right of him the said Richard as those which the said Richard had of the gift of the aforesaid William and Ellen and them remised and quit claimed from them the said William and Ellen and their Heirs to the aforesaid Richard his Heirs for ever And further the said William and Ellen granted for them and the Heirs of the said William that they warrant to the aforesaid Richard and his Heirs the aforesaid Tenements with the Appurtenances against all men for ever as by the said Fine here in Court of Record Remaining more fully appeareth Which Fine in form aforesaid had and levied was to the use of the aforesaid Richard and his Heirs After which Fine so as afore is said levied that is to say the 20th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Indenture to the aforesaid Richard as before is said made before the aforesaid Justices of the said Lady the the Queen of the Bench here was inrolled And the said Elizabeth further saith That she to that grant of the Reversion of the Tenements aforesaid with the Appurtenances above as afore is said demised by virtue of which Fine aforesaid the aforesaid Richard did not attorn or agree And this she is ready to aver Whereupon she demandeth Judgement if the aforesaid Richard his Action aforesaid against her ought to have c. And the aforesaid Richard saith That the aforesaid Plea of the aforesaid Elizabeth above in Bar Pleaded and the matter in the same contained is insufficient in Law to bar him the said Richard to have his Action aforesaid against the aforesaid Elizabeth And that he to that Plea in form aforesaid pleaded needeth not nor by the Law of the Land is bounden to Answer And this he is ready to aver Wherefore for want of a sufficient Plea in Bar in this behalf made the aforesaid Richard demandeth Judgement and his damages by the occasion of the Waste aforesaid to be to him adjudged And the aforesaid Elizabeth in as much as she hath alleged sufficient matter in Bar of the Acton aforesaid which she is ready to aver which matter the aforesaid Richard doth not deny nor to the same any wayes answereth but to that averment altogether refuseth demandeth Judgement and that the aforesaid Richard be barred from having his Action aforesaid against her c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet FINIS THE TABLE A. AButtals of Acres set forth Folio 271 Action upon the Case for turning the Course of a water from a Mill 1 Vpon Assumpsit by a Woman Exâ—cutrix to pay mony upon forbearance not to molest her 7 Act of Parliament special to erect and found an Hospital 368. with the particulars of a foundation 368. 369 Adjornment of an Assize and for what Cause 18 19 Of Pleas 18 22 161 232 257 337 Of the Term 161 232 257 337 338 Agreement to pay Rent if it amount to an Attornment 271 Aid 266 Administration of goods committed 72 73 Alien born one born in Scotland since 1 Jac. nor Alien 10 Amoveas Manum 190 Arrests upon the Sabboth day 148 whereupon Arrest the Sergant is to shew his Mace c. 148 149 Arbitrament 25 Attornment 271 Two Joynts for life upon a grant of the Reversion one attorneth and good 354 355 Of one Joyntment is the Attornment of both 354 Audita Querela the form of it 21 To discharge the party out of Execution being taken upon a Capias ut lagaâ—um after juâ—gement 21 â—2 Averâ—ment 190 20â— 213 217 226 266 2â—0 â—26 Of Plea 10 24 26 Where it is Collateral of a thing out of the deed â—3 Authority of the Presidâ—nt and â—ensors of the Colledge of Physicâ—ans in London and the extent of it 131 Where it doth not extend to Doctors of Physick in the Vniverslties 134 135 Avowry 220 237 238 259 268 For Arrerage of a Rent charge granted by Tenant in tail â—n remainder 222 The taking of an Ox for a Heriot 269 For Arrerages of Rent 271 B. BAil 220 153 Bar 11 12 144 154 163 221 251 252 269 271 19â— 233 238 241 242 301 345 Fine annd Recâ—â—ery by Tenant in tâ—il is a Barr of a Rent granted by him in the remainder 224 In Avowry 260 In Audita Querela 22 In Dower 31 32 33 A grant of the King a Barr in a Scâ—re Facias to repeal Letters Pâ—â—ents 287 288 In Trespass 307 324 340 Of Conusance 252 Bargain and Sale 119 288 325 154 Of Lands to the Queen 160 Of Lands to Vses 171 172 By Tenant in tail 170 Of aterm for yeers 73 Of the Charter-house and of Lands belonging to it 372 373 374 Of Deeds Charters and Evidences 374 Of Lands to the Governours of an Hospital 390 391 392 Where it shall not relate to avoid a Fine 398 399 C. CErtificate of the Causes of disfranchising a Citizen or Burgess and removing him from his place and Office 274 to 279 Conditions to stand to an Award and Arbitrament 25 Not to alien a Term for years 70 Where broken because the thing is not done within convenient time 161 Where broken because the partâ— hath dissabled himself to perform it 161 Not to alien or discontinue Lands intailed 311 312 313 Colour 308 325 Common Recovery 244 312 The form of pleading it 41 59 320 86 141 Vses of it declared by a deed subsequent to the Recovery 12 In the Court of Hustings in London in a Writ of Right Patent 57 58 Where a Bar of an Estat 〈…〉 l 42 43 By Tenant in tail an 〈…〉 Release with warranty where shall bind the issue in tail 138 139 140 141 142 Vpon a Writ of Right Patent 138 Suffered by Tenant in tail 312 313 To Vses 86 87 88 89 139 Considerations 86 What good to ground an Assumpsit upon 6 7 What good to raise Vses 39 40 102 308 Confess and avoid 215 223 Confirmations 255 Of the King of a Lease
the Appurtenances and with the Chase of Dertmore with the Appurtenances in the said County of Devon And the Manor of Bradnests with the Appurtenances in the said County which our Beloved and Faithful Hugh de Andley Earl of Gloucester and Margaret his Wife have for the Life of the said Margaret And the said Castle and Manor of Mere with the Appurtenances which the aforesaid Johan so for Life holdeth by our Grant and which after the death of the said Queen Margaret and Johan to us and our Heirs ought to revert after the decease of the aforesaid Queen aforesaid that is to say the Castle and Manor of Knaresburgh with the Honours Hamblets and Members thereof aforesaid and other their Appurtenances and the Manor of Istleworth with the Appurtenances And after the death of the said Margaret the said Castle and Manor of Lydeford with the said Chase of Dertmore and other the Appurtenances and the Manor of Bradnests with the Appurtenances and after the death of the said Johan the said Castle and Manor of Mere with the Appurtenances shall remain to the aforesaid Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England â—ereditarily to succed as before is said To have and to hold together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats Services of Tenants as well Free as Villeins and all others to the same Castles Manors and Honoars howsoever and wheresoever belonging or appertaining of his likewise and our Heirs forever All which Castles Burroughs Towns Manors Honours Stannaries Coinage Fine of Exeter and Wallingford Lands and Tenements as above are specified together with the Fees Advowsons and all other things aforesaid to the aforesaid Dutchy by our present Charter for us and our Heirs we do annex and unite to the same for ever to remain So that from the said Dutchy at no time they be any waies severed nor to any one or other than Dukes of the same place by us or our Heirs they be given or any manner of way granted So also as that to the aforesaid Duke and other Dukes of the same place they do descend and to the Son or Sons to whom the said Dutchy by colour of our Grant aforesaid it shall belong then not appearing the said Dutchy with the Castles Burroughs Towns and all other the abovesaid to us or our Heirs Kings of England shall retorn in our Hands and in the Hands of our Heirs Kings of England to be kept until such Son or Sons of the said Kingdom of England Heirs to succeed appear as it is said to whom then successively the said Dutchy with the Appurtenances for us and our Heirs we Grant and will that they be delivered to hold as above is expressed We have moreover for us and our Heirs and by this our Charter we have confirmed to the aforesaid Duke that the said Duke and the Heirs of him Eldest Sons Dukes of the same forever have free Warren in all the Lordships Manors Castles Lands and other places aforesaid so as the said Lands be not within the Pounds of our Forrests And that none enter into them to hunt in them or to take any thing which to Warren appertaineth without the License Will of the said Duke or other Dukes of the same place upon pain of Forfeiture of 10. pound Wherefore we Will and firmly Command for us and our Heirs That the said Duke have and hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the said place in the sayd Kingdom of Engla in heritable to succeed The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances So that they and others Dukes aforesaid at their Wills make and constitute the Sheriff aforesaid of the said County of Cornwall to do and execute the Office of Sheriff there as hitherto it used to be done without the hindrance of us or our Heirs forever As also the aforesaid Castles Burroughs Manors and Honours of Launfeton The Castle and Manor of Tremeton with the Town of Saltesh the Castle Burrough and Manor of Tintagel the Castle and Manor of Restornel and the Manors of Clymeslond Tebeste Tewynton Helleston in Kerier Moresk Tewarnayl Pengkneth Pentyn Rellaton Helleston in Trigstone Vyskiret Calistock Talskid and Town of Lofiwithel with the appurtenances together with the Parks Bayliwicks Bedelrie Fishings and others aforesaid in the aforesaid County of Cornwall and the aforesaid Prisages Customs and profits of Ports aforesaid together with the said Wreck of Sea and the said profits and emoluments with the Hundreds and Courts aforesaid to us belonging and the said Stannary in the said County of Cornwall together with the Coinage of the said Stannary and with all issues and profits thereof arising And also the explees profits and perquisites of the Courts aforesaid except only the said 1000. Marks which to our well-Beloved William de Monte acuto Earl of Salisbury wegranted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the issues and profits of the Coinage aforesaid until the said Castle and Manor of Tunbridge with the Appurtenances and the said Mannors of Aldebourn Ambresbury and Winterbourn with the Appurtenances and the said Manor of Hengstrig and Charleton with the Appurtenances which the aforesaid Earl of Surrey and Johan his Wife hold for the term of their Lives and which after their deaths to us and our Heirs ought to revert after the deceases of the said Earl and Johan to the said Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we have granted to remain And the said 200. Marks Land and Rent which to the said Earl of Salisbury To have in form aforesaid we granted come unto our Hand as before is said And the said Stannary in the County of Devon with the Coinage and all issues and profits thereof And also the explees profits and perquisites of the Court of the same Stannary Water of Dertmouth and the said yeerly Farm of 20. pound of the said City of Exeter and the said Prizage and Custom of Wines in the Water of Sutton in the said County of Devon As also the aforesaid Castle of Wallingford with Hamblets and Members thereof the yeerly Farm of the Town of Wallingford with the said Honour of Wallingford and De Sancto Valerico The Castle Manor and Town of Berkhamstead with the said Honour of Berkhamstead and the Manor of Biflet with the Parks and other their Appurtenances aforesaid together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with the Hundreds Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other
things to the said Castles Burroughs Towns Manors Stannaries and Coinage Lands and Tenements whatsoever and wheresoever belonging or appertaining of us our Heirs forever together with said 24. pound Farm which the aforesaid John de Mere to us yeerly for his whole Life is bound to pay for the said Castle and Manor of Mere granted to him by us to hold for the term of his Life to be taken yeerly by the Hands of the said John de Mere all his Life And also with the aforesaid 1000. Annual Marks to the aforesaid Earl of Salisbury of the profits of the Coinage aforesaid by us so granted after obteined by him or the Heirs Males of his Body begotten seisin of the aforesaid Manor of Tonbridge and Manor of Aldebourn Ambresbury Winterbourn Caneford Hengstreg and Charlton after the decease of the said Earl of Surrey and Johan And the said 200. Marks of Land and Rent of the said Earl of Salisbury and the said Heirs Males of his Body so provided for the like proportion of the said Castles Manors Lands and Tenements with the whole and particulars to the Hands of the said Earl of Salibury or the Heirs Males of his Body lawfully begotten should come as aforesaid And that the aforesaid Castle and Manor of Knaresburgh with its Hamblets and Members and the Honour of Knaresburgh And the Manor of Istelworth with the Appurtenances after the death of our aforesaid Consort The Castle and Manor of Lydeford with the Appurtenances and with the said Chase of Dertmore with the Appurtenances and the Manor of Bradnests with the Appurtenances after the decease of the aforesaid Margaret And the Castle and Manor of Mere with their Appurtenances after the death of the aforesaid John de Mere remain to the said Duke To have and to hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the same place in the Kingdom by Inheritance to succeeed together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other things to the said Castles Manors Honours howsoever and wheresoever belonging or appertaining of us likewise and our Heirs for ever aâ— before is said All which Castles Burroughs Towns Manors Honours Stannaries Coinage Farms of Exeter and Wallingford Lands Tenements as above are specified together with Knights Fees Advowsons and all other things abovesaid to the said Dutchy by this our present Charter for us and our Heirs we do annex and unite to the same to remain forever So as from the said Dutchy at no time hereafter they be severed nor to any person or persons then the Dukes of the same place by us or our Heirs they be given or in any wayes granted So that to the aforesaid Duke or other Dukes of the same place they descend And Son or Sons to whom the said Dutchy by colour of the aforesaid our Grants it behoves to belong then not appearing The same Dutchy with the Castles Burroughs Towns and all other things aforesaid to us and our Heirs Kings of England shall revert in our Hands and in the Hands of our Heirs to be kept until such Son or Sons in the said Kingdom of England hereditable successively appear as is said to whom successively the said Dutchy with the Appurtenances for us and our Heirs we grant and will to be delivered to be holden as above is expressed And that the said Duke and his Heirs Eldest Sons Dukes of the said place for ever have Free Warren in all the Demesns of the Lands aforesaid whilest yet the same Lands are not within the Bounds of our Forrests So as none enter into those Lands to hunt in them or to take any thing which to Warren belongeth without the License and Will of the said Duke and the other Dukes of the said place upon payn of forfeiture 10. pound as before is said These being Witnesses The most Reverend Fathers John Archbishop of Canterbury Primate of all England our Chancellor Henry Bishop of Lincoln Richard Bishop of Durham John de Warren Earl of Surrey John de Betto Campo Earl of Warwick Thomas Wake of Lydel John de Mowbray John Darcy of Neuen Steward of our House and others Given by our Hand at Westminster the 17th day of March in the yeer of our Reign the 11th By the King himself and the whole Council in Parliament But we The Tenor of the Charter Record and Act of Parliament aforesaid at the Request of the well-Beloved and Faithful Thomas Stephens Esquire Attorny General of our well-Beloved and most dear Son our Eldest Son Henry Prince and Duke of Cornwall caused to be Exemplified by these presents In Witnesse whereof we made these our Letters Patents Witnesse my self at Westminster the 5th day of March in the yeer of our Reign of England France and Ireland the Third and of Scotland the 39th as by the said Letters Patents of Exemplification aforesaid here in Court brought more fully appeareth And the said Henry Hobert Attorny General of the said Lord the King that now is for the said Lord the King that now is saith and will aver That the aforesaid Act of Parliament aforesaid of the aforesaid late King Edward the 3d. made and the aforesaid Charter by the aforesaid late King Edward the 3d. by authority aforesaid of the Parliament of the same late K. Ed. the 3d. made And the aforesaid Charter by the aforesaid late K. Ed. the 3d. by Authority of Parliament aforesaid made whereof is the Inrolment aforesaid in the aforesaid Exemplification of the Inrollment aforesaid as before is said is made mention are one and the same and not other nor divers Whereupon the said Attorny General of the said Lord the King if that now is for the said Lord the King here demandeth Judgement If the aforesaid Henry Lindley to say that there is not any such Record of such Act of Parliament aforesaid of the aforesaid late King Edward the 3d. Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid in the Writ aforesaid of Scire Facias specified against the said Letters Patents of Exemplification aforesaid here in Court by the said Attorny of the aforesaid Lord the King that now is for the said Lord the King now shewed forth ought to be admitted And further the said Henry Hobert the Attorny General of the said Lord the King that now is for the said Lord the King prayeth that the said Letters Patents of the aforesaid late Queen Eliz. as unto the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances be revoked and annulled and that the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances into the Hands of the said Lord the King that now is to