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
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
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
Son that he be before the Justices of the said Lady the Queen here at VVestminster aforesaid from the day of Holy Trinity in 15. dayes then next following to shew wholly he did not c. And that the said Sheriff should have here the summons and the said Writ At which 15. dayes of Holy Trinity before Edmond Anderson Kt. and his Companions then Justices of the said Lady the Queen that now is of the Bench here come as well the said John Godfrey as the said Thomas VViseman the Son in their proper persons And Thomas Lucas Kt. then Sheriff of the County of Essex aforesaid returned then here the Writ aforesaid to him in form aforesaid directed in all things served and executed That is to say That the said Iohn Godfrey found to the said Sheriff pledges to prosecute his Writ aforesaid that is to say Iohn Doo and Richard Roo And that the said Thomas VViseman the Son was summoned by Iohn Den and Richard Fen Whereupon the said Iohn Godfrey in his proper person in the said Court here declaring upon his Writ aforesaid then demanded against the said Thomas VViseman the Son the Mannors Tenements and Rents aforesaid with the Appurtenances as his right and his inheritance And into which the said Thomas had not entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the said John within 30. years then last past And whereupon then he said That he himself was seised of the Mannors Tenements and Rent aforesaid with the Appurtenances as of Fee and Right in the time o◠Peace in the time of the Lady the Queen that now is taking the Profits to the value c. And into which c. And thereupon he then brought Sute c. And the said Thomas VViseman the Son in his proper person then did defend his Right when c. And thereof vouched to Warranty David Howel who then was present in Court in his own person and freely the Mannor Tenements and Rents aforesaid with the Appurtenances to him did then warrant upon which the said John Godfrey then demanded against the said David then Tenant by his Warranty the Mannor Tenements and Rents aforesaid with the Appurtenances in form aforesaid c. And whereupon he then said That he himself was seised of the Mannor Tenements and Rents aforesaid with the Appurtenances in his Demesn as of Fee and Right in time of peace in the time of the Lady the Queen that now is taking the Profits to the value c. and in which c. and thereupon he brought his Sute c. And the said David Howel Tenant by his Warranty then defended his Right when c. And then said That the aforesaid Hugh did not disseise the said John Godfrey of the Mannor Tenements and Rents aforesaid with the Appurtenances as the said Iohn by his Writ and Declaration aforesaid above supposed And upon that then put themselves upon the Country And the said John Godfrey then demanded license thereof to imparle And he then had it c. And the said Iohn retorned back unto the same Court in the said Term in his proper person And the said David although solemnly demanded then came not again but in contempt of the said Court departed and made default Wherefore it was granted in the same Court That the said Iohn Godfrey should recover his seisin against the said Thomas Wiseman the Son of the Mannor Tenements and Rent aforesaid with the Appurtenances and that the said Thomas should have of the Land of the said David to the value c. And that the said David should then be in mercy c. And thereupon the aforesaid Iohn Godfrey then demand-the Writ of the said Lady the Queen to the said Sheriff of the County aforesaid to be directed to gve him full seisin of the Mannors Tenements and Rent aforesaid with the appurtenances And which was to him then granted retornable here without delay c And afterwards that is to say The 8th day of Iuly the self same Term came unto the said Court the aforesaid Iohn Godfrey in his proper person And the said Thomas Lucas then Sheriff of the County of Essex then here sent That he by virtue of the said Writ to him directed The 4th day of Iuly then last past delivered to the said J. Godfrey full seisin of the Mānor Tenements Rents aforesaid with the appurtenances as by the said Writ he was cōmanded Which Recovery and Execution thereupon in form aforesaid prosecuted and had was to the use of the said Thomas Wiseman the Son and his Heires for ever By virtue of which and of the said Statute in Parliament of the said Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th of transferring of uses into possessions held published and provided The said Thomas VViseman the Son was seised of the said Reversion of one Moyety of the Island aforesaid with the appurtenances amongst other things in his Demesn as of Fee and Right and so being thereof seized at great Totham aforesaid dyed of such his estate so thereof seised after whose death The aforesaid Reversion of the one Moyety of Island aforesaid with the appurtenances amongst other things to Elizabeth now the Wife of Richard Jeunius and Dorathy VViseman as Sisters and Heires of the said Thomas VViseman the Son which Elizabeth and Dorathy are yet above and in full life that is to say at great Totham aforesaid and this he is ready to aver whereupon he demandeth Judgement If the said Iohn VViseman his Action aforesaid against him ought to have c. And upon this The said Iohn VViseman prayeth license to imparle here until the next day after the Holy Trinity and hath it c. And the same day is given to the said Richard here c. And the said Iohn VViseman saith That he by any thing before alleged to have his Action aforesaid ought not to to be barred because he saith That long before the Recovery aforesaid of the Tenments aforesaid with the appurtenances in form aforesaid had By a certain Act of Parliament of the Lord Henry late King of England the 8th the most Dear Father of the Lady the Queen that now is at VVestminster in the County of Middlesex the 22d. day of Ianuary in the year of his Reign the 34th begun and there then holden and afterwards by divers progations continued untill the 12th day of May in the year of the Reign of the said late King Henry the 8th the 35th held amongst other Kings It was enacted by authority of the said Parliament That whereas divers of the Noble Progenitors of the said late King Henry the 8th and especially the said late King chiefly liberally above all others had given granted or otherwise had provided to his and their loving and good Servants Subjects as well Nobles as others Mannors Meases Lands Tenements Rents Services and Hereditaments to
Parker and Simon Patricke by the said VVilliam Dalby their Attorny demand against the said William Pelham 8. Messuages with the Appurtenances situate lying and being in the Parish of St. Mary Woolnotb in the Ward of Langborn London as their Right c. By the Writ of the said Lady the Queen that now is of Right Patent c. And to hold of the said Lady the Queen by the free service of 1. penny by the year for all service c. And whereupon they say That they themselves were seised of the aforesaid 8. Messuages with the Appurtenances c. in their Demesn as of Fee and Right c. in time of peace in the time of the said Lady the Queen that now is c. taking the Profits thereof to the value c. And that such is their Right they offer c And the said VVilliam Pelham by his Attorny aforesaid cameth and defendeth the right of the said Nicholas Parker and Simon Patricke when c. And the seisin of the said Nicholas Parker and Simon Patricke of which seisin c. and all c. and whatsoever c. as of Fee and Right c. and especially of the said 8. Messuages with the Appurtenances c and vouch thereof to warranty Thomas Bowes of London Esquire And demand summons in London by the aid of this Court to warrant to the said Wiliam Pelham the said 8. Messuages with the Appurtenances which the said Nicholas Parker and Simon Patricke claim against the said VVilliam Pelham as their Right c. And the said Nicholas Parker and Simon Patricke by their Attorny aforesaid willingly grant That the said William Pelham have his voucher aforesaid Whereupon upon the Petition of the said Nicho. Parker and Sim. Patricke It was commanded by the Court to the Sheriffs of London that they summon by good summons the said Thomas Bowes that he be here at the next Hustings London of Pleas of Lands at the Guild-hall of the City aforesaid to be held c. to warrant to the said VVilliam Pelham the said 8. Messuages with the Appurtenances c. against the said Nicholas Parker and Simon Patricke c. And the same day was then and there given as well to the said Nicholas Parker and Simon Patricke as to the said VVilliam Pelham in the Plea aforesaid here c. At which day that is to say at the Hustings London of Pleas of Lands in the Guild-hall of the City of London upon Monday next before the Feast of St. Alphege Bishop in the year of the Reign of the said Lady the Queen c. the 14 th come as well the said Nicholas Parker and Simon Patricke by the said VVilliam Dalby their Attorny as the said VVilliam Pelham by his Attorny aforesaid And the Sheriffs of London that is to say Henry Mills and John Braunch now sent and retorned here upon the Precept to them directed that they by virtue of the said Precept summoned the said Thomas Bowes to be here at this Hustings to warrant to the said William Pelham the said 8. Messuages with the Appurtenances c. as to them c. by John Doo and Richard Roo Summoners And upon this The aforesaid Thomas Bowes whom the said William Pelham vouched to warranty c. at this Hastings put in his place Roger Coys and Robert Hogeson his Attornies joyntly and severally against the said Nicholas Parker and Simon Patricke in the Plea aforesaid c. By William Fleetwood Esq Recorder of the City aforesaid c. And now here at this Hustings The said Thomas Bowes by the aforesaid Roger Coys and Robert Hogeson came and freely the aforesaid Messuages with the Appurtenances c. To the said Willi. Pelham against the said Nicholas Parker and Simon Patrick did warrant c. And thereupon the said Nicholas Parker and Simon Patricke by the said William Dalby their Attorny demanded against the said Thomas Bowes Tenant by his warranty aforesaid the said 8. Messuages with the Appurtenances c. as their Right c. by the Writ aforesaid c. in form aforesaid c. And whereupon they said That they were seised of the Messuages aforesaid with the Appurtenances c. in their Demesn as of Fee and Right c. in the time of Peace in the time of the said Lady the Queen that now is c. taking the profits thereof to the value c. And that such is their Right they offer c. And the said Thomas Bowes Tenant by his warrantty aforesaid by the said Roger Coys and Robert Hogeson their Attornies came and denyed the Right of the said Nicholas Parker and Simon Patricke when c. And the seisin of the said Nicholas Parker and Simon Patricke of which deseisin c. and all c. and whatsoever c. as of Fee and Right c. and chiefly of the said 8. Messuages with the Appurtenance c. And vouched thereof to warranty Richard Horsted of London Iremonger who now is present here in Court in his proper person and freely the said 8. Messuages with the Appurtentnces c. to the said Thomas Bowes did warrant c. And upon this at the Hustings aforesaid The said Nicholas Parker and Simon Patricke by the said VVilliam Dalby their Atterny demanded against the said Richard Horsted Tenant by his warranty then and there being in his proper person the said 8. Messuages with the Appurtenances c. by the Writ aforesaid c. in form aforesaid c. as their Right c. And whereupon they say That they were seised of the aforesaid 8. Messuages with the Appurtenances c. in their Demesn as of Fee and Right c. in time of peace in the time of said Lady the Queen that now is taking thereof the Profits to the value c. and that such is their right offer c. and the said Richard Horsted Tenant by his warranty aforesaid in his proper person cometh and resendeth the right of the said Nicholas Parker and Simon Patricke when c. and the seisin of the said Nicholas Parker and Simon Patricke of which seisin c. and all c. and whatsoever c. and chiefly of the said 8 Messuages with the appurtenances c. as of fee and right and saith that he hath more right to hold the said 8 Messuages with the appurtenances as Tenant thereof by his warranty aforesaid to him and his heirs as he now holdeth then the said Nicholas Parker and Simon Patrick have to demand the said 8 Messuages with the appurtenances c. as they above demand c. and demand Recognition to him hereupon to be done according to the custome of the City aforesaid c. and hereupon the said Nicholas Parker and Simon Patrick by their Attorny aforesaid prayeth Licence thereof to imparle and they have it c. and afterwards the said Nicholas Parker and Simon Patrick by their Attorny aforesaid come again at the self same Court of Hastings ready
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
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
is the 35 th at Lugershall aforesaid dyed After whose death the said George Brown into the Tenements within written with the appurtenances in which c. upon the possession of the said Edmond Bridges William and Anthony Bridges Sons of the said Edmond thereof entred and was thereof seised as the Law requireth and so being thereof seised afterwards and before the aforesaid time in which c. that is to say the within written 22 th day of October in the 35 year aforesaid Demised to the said James the said whole Tenements within written with the appurenances in which c. To have and to hold to the said James and his assignes from the within written Feast of Saint Michael the Archangel until the end and Term within mentioned of 4 years from thence next ensuing and fully to be compleated by virtue of which demise the said James into the said Tenements within written with the appurtenances entred and was thereof possessed as the Law requireth upon whose possession of the said James the aforesaid Thomas Spencer as servant of the said Edmond Bridges and by his Commandment within written the time in which c. into the said Messuage and 26 Acres of Land entred and the said James from his Farm aforesaid thereof did eject But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found the entry of the said Thomas Spencer into the aforesaid Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not the said Jurors are altogether Ignorant and Pray thereof the advise and discretion of the Justices here c. And if upon the whole aforesaid matter It shall seem to the Justices and Court here that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law then the said Jurors say upon their Oath that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid in the aforesaid Messuage and 26 Acres of Land as the aforesaid Iames against him within complaineth and then they assess the damages of the said Iames by the occasion of the said Trespass and Ejectment above his charges and costs by him about his sute in his behalf expended to 4 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid It shall seem to the Justices and Court here that the aforesaid entrie of the said Thomas Spencer upon the possession of the said Iames be a good and Lawfull entrie in Law then the said Jurors say upon their Oath that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid in the said Messuage within alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgment thereof day is given to the parties aforesaid here until in 8 dayes of Saint Hillary to hear their Judgement thereof because that the said Justices here thereof are not yet c. at which day come as well the aforesaid Iames as the aforesaid William and Thomas by their Attornies aforesaid and because the Justices here will further advise themselves of and upon the premises before they give their Judgement thereof day farther is given to the parties aforesaid here until from Easter in 15 dayes for to hear their Judgement therof because the said Justices here are not thereof yet c. At which day here come aswell the said Iames by George Dancombe his Attorny as the said William and Thomas by their Attorny aforesaid and because the Justices here will farther avise of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here until the morrow of Holy Trinity to hear their Judgment thereof because the said Justices here thereof not yet c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his Attorny as the said Willam and Thomas by their Attorny aforesaid and because the Justices here will avise of and upon the premises before they give their Judgement thereof further day is given to the parties here until in 8 dayes of St. Michael to hear their Judgment thereof because the said Justices here thereof are not yet At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny as the aforesaid William Spencer and Thomas Spencer by their Attorny And upon this the verdict aforesaid being seen and by the Justices here fully understood it seemeth to the Justices here that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Messuage and 26 Acres of Land upon the possession of the said Iames Linch is not a good and Lawfull entry in Law Therefore It is granted that the aforesaid Iohn Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and his damages aforesaid to 16 pence by the Jurors aforesaid in form aforesaid assessed As also 26 pound 9 shillings to the said Iames at his request for his charges and costs aforesaid by the Court here of increase adjudged which damages in the whole do amount to 26 pound 10 shillings and 4 pence and the aforesaid Thomas be taken c. And also the said Iames in mercy for his false clamor against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid thereof the said William and Thomas and the Jurors aforesaid above be acquitted therefore the said William and Thomas go thereof without day c. and hereupon the said Iames prayeth the writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him possession of his Term yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes c. Afterwards that is to say the 26 th day of November in the year of the Reign of the said Lady the Queen that now is the 40 th come here into Court the aforesaid Iames by the aforesaid George his Attorny and by a special warrant to him in that behalf made confessed himself to be satisfied of the damages aforesaid therefore the aforesaid Thomas of the said damages be acquitted c. Ejectione Firme Hillary Term 40. Elizabeth Rott 748. in the KINGS BENCH Adams and Lamberts Case C. 4. part fo 96. Buck MEmorandum That at another time That is to say in Michaelmass Term last past before the Lady the Queen at Westminster came Theophilus Adams Gentleman by Iohn Povey his Attorny and brought here in the Court of the said Lady the Queen then there his bill
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
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
said Lands Tenements as is as aforesaid left to descend to Thomas my Son do not amount to satisfie the Queens Highnesse of the Thirds or third part to be due unto her Highnesse Then my Will and meaning is That so much other Lands next adjoyning to the said Eastendown shall descend and be to my said Thomas Digges as shall suffice to satisfie and make up the Queens Highnesse Thirds or third part and that her Highnesse be answered out of the Rents and Profits of the same and out of the Demesn made of the Mannor of Owtelmestone Item I will That Thomas Ovington aforesaid immediatly after my departure of this present world shall sell all my Lands in the Parishes of Hards and Nackington in the County aforesaid with the Rents thereunto belonging Item I will That the said Thomas Ovington or his Assignes immediatly after my death sell all those my Lands Tenements and Hereditaments with the Appurtenances whatsoever in the Parishes of Sturrey and Hackington otherwise St. Stephens in the County of Kent aforesaid and all those my Gardens in the County of Canterbury aforesaid for the sum of 200. pounds of good and lawful Mony of England And I will that the said 200. pounds comming of the sale of my Lands Tenements and Hereditaments aforesaid with the appurtennces in Sturrey Hackington and in the County of Canterbury And also that all the Money coming of the sale of all my Lands in the Parishes of Hards and Nackington aforesaid shall go and be imployed towards the payment of my Debts and for and towards the performance of this my present Testament and last Will. Item I will That if Martha my Wife by Release or otherwise will grant over all that Estate that she hath or may have in the Lands in Hards and Nackington aforesaid with the Rents thereunto belonging by way of Joynture unto such as the said Thomas or his Assignes shall make sale thereof That then the said Martha for and in recompence of her said Joynture therein shall have for term of her life all my Lands in Barham abovesaid which I purchased of Mr. William Awcher and also all my Lands there as I late had of Mr. William Boyes by way of Exchange for other Lands Item I will That Harry Aldy and Nicholas Frankline aforesaid shall have all the aforesaid Lands and Tenements with their Appurtenances Rents Reversions Services and Hereditaments other than such as before are given to Thomas Digges my Son and to Martha my Wife for the term of her life or by the way of Joynture or otherwise or willed to be sold as aforesaid and shall receive and take the yeerly Revenews and Profits thereof for and towards the further and full payment of my Debts and Legacies and Annuities afore expressed and here under mentioned and also of my Funeral Charges for and towards the bringing up of my Sons and Daughters aforesaid until either Martha my Wife or the aforesaid Thomas Ovington and Richard Brook or the aforesaid Thomas Ovington enter into Bond unto the said Henry Aldy and Nicholas Franklin or to their Assignes in such manner and form as before is expressed Item I will that if the aforesaid Thomas Ovington and Richard Brook within one moneth after such refusal aforesaid my Wife do enter into Bond unto the abovesaid Hen. Aldey Nic. Franklin as is aforesaid within the time aforesaid That the said Tho. Rich. immediatly after such Bond had made shall have the Lands Tenements aforesaid and other Hereditaments whatsoever other than such as before are given to Thomas Digges my Son or to Martha my Wife for Term of her life by way of Joynture or otherwise or appointed to be sold or are appointed to the Poor as is aforesaid and shall receive and take the yeerly Revenews and Profits thereof in such manner and form and for such purpose and effect and for no other and for so long as my aforesaid Wife should have done if she should have entred into Bond as aforesaid But if the aforesaid Richard Brook do not within the time above limited enter into Bond to the aforesaid Henry and Nicholas with the said Thomas Ovington in manner and form aforementioned but shall refuse or neglect so to do Then I will if the aforesaid Thomas Ovington within the time aforesaid do enter into Bond unto the aforesaid Henry Aldy and Nicholas Franklin in the sum of 400. pounds according as is above specified Then I will immediatly after the said entry into such Bond by the said Thomas Ovington unto the said Henry and Nicholas made and done That then the said Thomas Ovington or his Assignes shall have the aforesaid Lands and Tenements Rents Reversions and Hereditaments other then such as before is given to Thomas Digges my Son or to Martha my Wife or appointed to be sold or appointed to the Poor to dwell in as aforesaid And receive and take the yeerly Revenews and Profits thereof in such manner and form and for so long as my aforesaid Wife or her Assignes should have done if she should have entred into Bond as is aforesaid and as the aforesaid Richard Brook and the said Thomas Ovington and their Assignes should have done if the said Thomas Ovington and Richard Brook had entred into Bond unto the aforesaid Henry and Nicholas as is above specified Item I will after all my Debts Legacies Payments Annuities and Funeral Charges shall be fully satisfied discharged or be or may be fully levied That then all my Lands and Tenements with their Appurtenances other than the Lordship of Yok and the Manor of Fokeham with their Aphurtenances in the Parishes of Leneham Freinsted and Harisham in the County of Kent aforesaid and the Lands of Barham aforesaid appointed to my Wife for term of her life as is aforesaid And the Lands and Tenements in Sturrey and Hackington otherwise Saint Stephens in Canterbury and the Lands in Hardes and Nackington aforesaid with the Rents thereunto belonging appointed to be sold as aforesaid excepted and reserved shall be to my Eldest Son then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly unto every other of my Sons then living untill every of them shall come to the age of 24. yeers 4. pounds of lawful mony of England at the Feast day of the Annunciation of our blessed Lady the Virgin and Saint Michael the Archangel by even portions half yeerly to be paid and also paying yeerly to every of my aforesaid Daughters then living until every of them shall be maried or shall come to the age of 21. yeers five Marks of lawful Mony of England at the Feast days next aforesaid by even portions yeerly to be paid And if default of payment happen to be of the aforesaid several 4. pounds yeerly to every or any of the aforesaid Sons as is aforesaid or of the aforesaid several five Marks yeerly to be paid to every or any of the aforesaid Daughters
in the Spiritual Court after the Queens Prohibition to the contrary thereof directed and delivered for that that is to say whereas all and singular Pleas and Conusans of Pleas of whatsoever grants demyses or conttacts arising within this Kingdom of England made and had and the validity of such grants and demyses in Law and other such Pleas and Conusance of Pleas so as they be not Testamentary or Matrimonial to the said Lady the Queen that now is and her Royal Crown do especially appertain and by the Laws of the Land of this Kingdom of England and not by the Laws or Sentences Ecclesiastical ought to be tryed determined and discussed and ever heretofore accustomed and ought to be And whereas Stephen by Divine Providence late Bishop of Winchester the 4th day of July in the yeer of the Reign of the Lord Henry late King of England the 8th the 38th was seized in his demesn as of Fee in the Right of his Bishoprick of and in the Manor of Eastmeon in the County aforesaid whereof one capital Messuage called the Scite of the Manor of Eastmeon 800. Acres of Lands 50. Acâ—es of Meadow 1000. Acres of Pasture and 400. Acres of Wood with the Appurtenances in Eastmeon in the County aforesaid being demesn Lands of the Manor aforesaid then and time whereof the memory of man is not to the contrary was and yet are parcel and also of and in one Messuage with the Appurtenances being in Eastmeon aforesaid being to the Mansion house of the same Manor And whereas the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid for the time being seized of the Manor aforesaid and other the premises with their Appurtenances The Scite of the Manor aforesaid and the capital messuage aforesaid and the demesn Lands aforesaid with the Appurtenances by himself his Farmers and Tenants thereof and every parcel thereof for Term of yeers or at Wiil held and were injoyed exonerated acquitted freed discharged and privileged of and from the payment of Tithes whatsoever of in or upon the capital messuage aforesaid and the demesns aforesaid with the Appurtenances and of every and any parcel thereof yeerly what way soever for the whole time aforesaid growing happening renewing or arising And the aforesaid Stephen late Bishop aforesaid of the capital Messuage aforesaid and the demesn Lands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and discharged and privileged of and from the payment of Tithes whatsoever of in and upon the capital Messuage aforesaid and other the premises with the Appurtenances or any parcel thereof growing renewing or any wise happening The said Stephen the 4th day of July in the yeer of the Reign of the said late King Henry the 8th the 38th at Eastmeon in the County aforesaid By his Indenture with his Seal Episcopal sealed and to the Court of the said Lady the Queen that now is here brought bearing date the same day and yeer demised to one Robert Wright Grandfather of the said Robert that now is plantif The Moyety of the demesn Lands aforesaid with the Appurtenances By the name of all the Demesn Lands oâ— the Mannor of Eastmeon aforesaid anciently belonging with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old time situate lying and being with the Appurtenances which Moyety then lay in the fields on the South side of the Town of Fastmeon aforesaid Together with the Meadowes Feedings and Pastures Enclosures Wayes Pathes and other their Appurtenances together with the Farm of 40. Muttons called Weathers the highest price 16. pence 40. Ew Sheep the highest price 16. pence To have and occupy the said Moyety of the TenemeÌ„ts aforesaid with the AppurtenaÌ„ces in form aforesaid demised To the aforesaid Ro. Wright the GraÌ„dfather his Assignes from the Feast of St. Michael the Archangel in the yeer of our Lord God 1575. until the end and Term of 40. yeers then next following and fully to be compleat and Ended Yielding therefore yeerly during the Term aforesaid to the aforesaid Stephen late Bishop aforesaid or his Successors at his Exchequer of Woluesloy in Winchester in the County of Southampton then being 10. pound and 10. shillings of lawful mony of England at the Feasts of Easter and St. Michael by even and equal portions to be paid and for the farm of the aforesaid 40. Weathers and 40. Ew Sheep 11. pound 13. shillings and 4. pence to be paid at the Feast of St. Martin the Bishop Ad vincula for the chief Weathers 3. pence and for the chief Ews 4. pence as by the same Indenture amongst other things it more fully appeareth Which Indenture of demise to the aforesaid Robert Wright the Grandfather in form aforesaid made and all and singular therein contained Afterwards that is to say the 20th day of July in the 38th yeer abovesaid William Kingsmill then Dean of the Cathedral Church of the Holy Trinity of Winchester aforesaid and the Chapter of the same place at Winchester aforesaid that is to say in their Chapter-house there by their Writing of Confirmation with the Seal of the Chapter sealed in the life time of the aforesaid Stephen then being Bishop of Winchester aforesaid and in the life time of the said Robert Wright the Grandfather now deceased ratified and confirmed as by the Writing of Confirmation thereof bearing date the day and yeer last aforesaid amongst other things it appeareth By virtue of which demise and Confirmation The same Robert Wright the Grandfather was of the Interest of the Term aforesaid in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed and the aforesaid Robert Wright the Grandfather of the Interest of the Term aforesaid in the Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised being possessed The said Robert Wright the Grandfather the 14th day of August in the yeer 1558. at Eastmeon aforesaid made his Testament and last Will in Writing and by the said his Testament made and ordained Margaret then his Wife and Nicholas Wright his younger Son to be Executors of his last Will And by the said his last Will gave and bequeathed all his Interest aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid so as is said demised with the Appurtenances then to come to Edward Wright the Eldest Son of the aforesaid Robert the Grandfather and afterwards the aforesaid Robert Wright the Grandfather at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Tenements aforesaid with the appurtenances to the said Robert the Grandfather in form aforesaid demised possessed After whose death the aforesaid Margaret and Nicholas took upon them the burthen of Execution of his last Will Testament aforesaid at Eastmeon aforesaid And the said Executors at Eastmeon aforesaid gave their consent that the said Edward Wright should have and enjoy to him and his
Assignes the interest aforesaid of the aforesaid Term of years of and in the Moyety of the demesn Lends aforesaid with the Appurtenances to the said Robert Wright the Grandfathe in form aforesaid demised By virtue whereof the said Edward was of the interest of the Term aforesaid possessed and being so thereof possessed The said Edward the 11th day of July in the yeer of our Lord 1563. at Eastmeon aforesaid made his Testament and last Will in Writing and by his said Testament constituted and appointed Agnes then his Wife to be sole Executrix of his said last Will And by the said his last Will gave and bequeathed all his interest aforesaid in the Moyety aforesaid of the demesn Lands aforesaid so as before is said with the Appurtenances to the aforesaid Robert Wright now the plantiâ— one of the Sons of the said Edward And afterwards the said Edward Wright at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed After whose death the aforesaid Agnes took upon her the burden of Execution of the last Will of the said Edward aforesaid at Eastmeon aforesaid and the said Executrix at Eastmeon aforesaid gave her consent that he the said Robert Wright should have and injoy to him and his Assignes the interest of the Term aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised By virtue of which the said Robert Wright now plantif was of the Interest of the Term aforesaid of and in the Moyety of the demesn Lands aforesaid with the Appurtenances possessed until the morrow of the Feast of St. Michael the Archangel in the yeer of our Lord 1575. in which morrow of the aforesaid Feast of St. Michael the Archangel in the yeer 1575. aforesaid The said Robert Wright now plantif into the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances entred and was thereof possessed And so thereof being possessed the said Moyety with the Appurtenances had held and injoyed and now hath and occupieth and ought to have and occupy of and from the payment of Tithes whatsoever of in or upon the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances or any parcel thereof yeerly any manner of wayes growing and appertaining renewing or arising for the occasion aforesaid in this behalf alleged utterly exonerated acquitted freed and privileged by reason of the Prescription and Privilege aforesaid And whereas by the Statute in the Parliament of the Lord Edward late King of England the 6th holden at Westminster in the County of Middlesex the 4th day of November in the second yeer of his Reign amongst other things It is enacted by authority of that Parliament That no person be sued or otherwise compelled to yeeld giue or pay any manner of Tithes for any Manors Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes by any Composition reall as by the said Act amongst other things it more fully appeareth Yet the aforesaid Nicholas Wright in his life time pretending himself to be Farmer of the Rectory of the Parish Church aforesaid and by colour of a demise to him thereof made by Thomas by Divine Providence then Bishop of Winchester for the Term of 21. yeers supposed to be made upon that occasion falsely supposing Tithes whatsoever in and upon the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid demised arising and happening to the said Nicholas Wright by virtue of the demise aforesaid to him in form â—foresaid supposed to be made to belong and appertain whereas in truth The said Robert now plantif the Moyety aforesaid of the demesn Lands aforesaid by virtue of the Demise aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid made and by reason of the immunity of the Privilege and Act aforesaid above specified was exonerated acquitted freed and privileged of and from payment of Tithes whatsoever thereupon growing to have and injoy ought during the Term aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid granted of the premises not ignorant endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and to draw the conusance of her Pleas which do belong to her Royal Crown and not to the spiritual Court to another Jurisdiction and Examination in the spiritual Court supposing the Indenture of demise aforesaid to the aforesaid Robert Wright the Granfather made and the Writing of Confirmation aforesaid as also the Estate of him the said Robert now plantif of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather from the Tithes aforesaid in form aforesaid discharged had and made to be void and of no validity in Law whereas in truth The Indenture of demise aforesaid and the Writing of Confirmation theâ—eof and also the Estate of the said Robert aforesaid the now plantif of and in the Moyety of the aforesaid demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather in manner aforesaid demised so as before is said discharged of Tithes is good and effectual in the Law And whereas in truth the same demise to the aforesaid Nicholas in form aforesaid alleged to be made if any such waâ— was utterly void and insufficient in Law as to any Tithes of in and upon the aforesaid Moyety of the demesn Lands aforesaid growing is The said Robert Wright now the plantif in the spiritual Court before the Reverend and worthy Man Mr. William Awbray Doctor of Law in the Court of Audience of causes and businesse in the Court of Canterbury lawfully deputed to hear of and for the withdrawing and not payment of Tithes of Wheat Barly Pease and Beans of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord 1590. growing renewing arising and happening as also of and for the withdrawing and non payment of the Tithes of the Wool of Lambs and Sheep of the said Robert now plantif of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord aforesaid kept shorn and arising as also of the Tithes of the Aples of the said Robert Wright the plantif of in and upon the said aforesaid Moyety of the demesn Lands aforesaid in the yeer aforesaid growing gotten and arising the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is at Eastmeon aforesaid in the County aforesaid drew into sute And the aforesaid Nicholas the same Robert now plantif before the aforesaid spiritual Judge for that occasion aforesaid to appear and to the said Nicholas of and upon the premises to
Queen here are not yet c. Prohibition Michaelmas Term Anno 31. and 32. Eliz. Rot. 447. in the Common-Pleas Co. 4. part Jeffreyes Case Fol. 64. Mâ—morandum That upon Monday next after a Moneth of St. Michael this Term before the Lady the Queen at Westminster came William Jeffrey Cent. in his proper person and informed the Couâ—t of the Lady the Queen that now is here That whereas according to the Law of the Land and the Custom of this Kingdom of England time whereof the Memory of Men is not to the contrary within the said Kingdom had and used The Inhabitants and Residents within any Parish within the Kingdom aforesaid within which any Parish Church is The said Church at their own propper costs as often as need required was repaired and from the whole time aforesaid used to be and ought to be repaired And that every other person or persons inhabiting without the same Parish in any other Parish from the Reparations thereof from the time aforesaid were discharged and acquitted And whereas by the Law of the Land and the Custom aforesaid It is not lawful to any person or persons to impose any Rate or Tax upon any person not dwelling in any Parish where such Church to be repaired is in respect or by reason of any Lands or Tenements which the said person holdeth or occupieth in the said Parish where the said Church is to be repaired as above is said for the Reparation of any Church so unrepaired without his consent And whereas also the Tryal and Determination of the cause aforesaid is a matter determinable at the Common Law and not by the Laws or Censures Ecclesiastical any wayes to be Tryed Ended or Discussed nor used to be time whereof the Memory of Man is not to the contrary Yet Abraham Kenshely and Thomas Foster Church-wardens of the Parish of Haylesham in the County of Sussex not being ignorant of the Premises falsely and subtilely pretending the aforesaid William Jessrey to be an Inhabitant within the Parish of Haylesham aforesaid whereas in truth the aforesaid William Jeffrey is and was dwelling within the Parish of Chiddingly in the County aforesaid and never was dwelling within the Parish of Haylesham aforesaid And the same Church of Haylesham aforesaid by Tenants and Proprietors of Lands and Tenements within the same Parish behoved and ought to be repaired Endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and the Conusance of Pleas which to the said Queens Majesty and to her Regal Crown and not to the spiritual Court doth belong to draw to be determined in the spiritual Court The said William Jeffrey in the spiritual Court aforesaid before Doctor DREWRT Doctor of Law in and throughout the whole Archdeaconry of Lewis of the most Reverend Father in Christ by Divine Providence Thomas Lord Bishop of Chichester lawfully deputed at the procuring of the same Abraham and Thomas in this behalf of and for a certain Tax upon him the said William Jeffrey to and about the Reparations of the Parish Church of Haylesham aforesaid imposed caused to be cited and him the said William in the spiritual Court aforesaid before the aforesaid spiritual Judge to appear and him the said William so appearing to answer to certain Articles of for the Tax aforesaid that is to say for that the said William Jeffrey knew believed heard that within the Archdeaconry of Lewes in the County aforesaid there was a Church commonly called the Parish Church of Haylesham that the said Parish Church as well in the tiling as in the covering thereof as in other things needed and wanted so that unless it were repaired it was feared it would fall to decay and ruine And that as well of Common Right and of an ancient and laudable Custom as also time whereof the Memory of Men is not to the contrary inviolably and unquestoned it was used and observed within the Parish of Haylesham aforesaid That all and singular the Parishoners intending the Reparation of any Church unrepaired according to the Rate and the Quality of their possessions having and occupying in same Parish might or ought to impose a Rate or Tax and also that the said Church mature deliberation being had thereof could not be repaired for lesse sum than Threescore and Ten pounds As also that the Church-wardens of the Parish Church of Haylesham aforesaid for the time being in the yeer of our Lord 1589. and two yeers then last past of and with the consent of all the Parishioners of Haylesham aforesaid or the greater or better number of the same A Rate according to the Quantity and Qualities of the possessions aforesaid and of the Rents within the said Parish being for the Reparation of the said Church of the possessions aforesaid or Rents in the said Parish of all and singular to be imposed and the same to be taxed had decreed and had appointed a day and place for the Rate and Tax aforesaid to be made And that of the same day in which the said Rate should be imposed notice was given to all the Parishioners aâ—oresaid as also to Forreiners having Lands Possessions or Rents in the Parish of Haylesham aforesaid and also in the publick Market there And that at the time and place appointed for the imposing of the aforesaid Tax or Rate those Church wardens as also the Parishioners of the said Parish to the Rate and Tax aforesaid to be made proceeded And the sum of 4. pence of every Acre of Land called Marsh-land as also the sum of 2. pence of lawful Mony of England of every Acre of Land called Vpland within the Parish of Haylesham aforesaid being for the Reparations of the aforesaid Parish Church by the havers and occupiers of the aforesaid Acres were imposed to be paid to the Church-wardens of the aforesaid Parish Church As also that the said William 30. Acres of Marsh called Marsh Ground and 100. Acres of Land called Vpland within the Parish aforesaid held and occupyed or Rents for the same then received And that the sum from the havers and occupyers of the possessions aforesaid or Rents within the aforesaid Parish of Haylesham aforesaid did not extend unto above the sum of 50. pounds of good and lawful Money of England according to the Rate and Tax aforesaid to be levied and collected under the name colour of their Office as before is said of upon the premises to answer unjustly bound And although the said William Jeffrey the matter aforesaid above contained in the spiritual Court aforesaid before the aforesaid spiritual Judge in his discharge of the premises often had pleaded alleged and the same with inevitable truth and good Witnesse offered to prove that he by the Law of the Land in form aforesaid ought not to be cited for the payment of the aforesaid sum upon him the said William Jeffrey for the Reparations of the Church of Haylesham aforesaid as before is said taxed and for
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-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
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
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices
107 191 215 285 286 316 329 Issue joyned upon seisin of services 266 Judgement 209 Where it is Concessum where Conside ratum est 3 5 8 20 63 97 101 In an Action upon the Case 3 5 8 In an Assize 20 In Debt upon Escape against a Sheriff 50 In Ejectione Firme 63 105 Given against the Queen 175 218 Reversed 184 In a Replevin 232 237 257 264 In Trespass 315 323 339 352 Jurisdiction of Courts In what cases Jurisdiction belongs to the Ecclesiastical Court in what to the Common-Law 210 219 Sute in Ecclesiastical Court for not paying a Tax for the Repair of a Church 219 Ecclesiastical Judges refuse to allow a plea 219 Justification Where not in an Action of False Imprisonment 133 134 L. LEases 210 259 Of Lands with a stock of Cattel 210 By a Bishop confirmed by the Dean and Charter Of a Rectory Tithes c. 70 Livery and Seisin where good where not 264 Licence Of the King to be absent from executing an Office for a time 301 Of the King to found and erect an Hospital London The Custom there to demise their Lands 53 The Custom there for levying of Plaints and the manner of Entry of them and where 147 148 M. MIsnosmer Of a Borough incorporated by name Majoris Burgensium Burgi de Lynn And in an Obligation to them made the word â—urgesse is ommitted 28 Monstrans de droit 185 301 O. OBligation Oyer demanded of it 134 Office Trove 166 186 187 found by â—scheator ought to be retorned 177 P. PAtents and Letters Patents 123 167 Of Incorporation of a Borough and by what name they shall take or be sued 28 Of the King of concealed Lands what shall pass 25 Of Incorporating the Colledge of Physicians in London 127 128 129 Of Creation of the Prince Duke of Cornwall and gift of Lands to the Dutchy with a particular of the Lands 280 281 290. to 296 Of the King of Licence and the founding and erecting an Hospital with all the particulars concerning the same 375 376 377 Pleadings Nul tiel record of Capias ut Ligatum 21 22 Non est factum 27 Of an Act of Parliament for incorporating a Burough 28 Nihil debet in Debt against a Sheriff upon Escape 46 In nullo est erratum upon a Judgement in Debt against a Sheriff upon an Escape 50 Of not guilty in part 126 Of a Discent 137 Of an Attainder 165 Of a Fine a Recovery in Bar of a Rent granted by him in the remainder in tail 224 225 226 Nul tiel Record of an Act of Parliament no plea 286 287 And no plea against a Charter of the King inrolled 287 290 Of License of the King to absent for a time for the executing of an Office 301 302 Pledges de prosequend 5â— 69 79 92 106 138 209 220 352 Prescription in a Water-course to a Mill where it extends to a new built Mill 1 To be discharged of payment of Tythes 210 To be discharged of Taxes for repayr of the Church 218 Postea retorned 53 58 Prohibition 209 217 Q. QUo Minus 51 R. REatachment granted upon an Assize 19 Rents granted for life upon a Fine levied with a Nomine paenae 102 Charge granted by Tenant for life and he in the Remainder for life with warranty 246 Releases 137 By a Woman Guardian by Nucture of all Action nec non of hâ—r Dower to him in the Reversion 31 32 General where it shall bind è cour 36 Of Errours 68 With Warranty 137 Of damages recovered 232 A Deed of Release read to a Man illiterate in other words as a general Release where it was intended but an Acquittance for Rent only shall not bind 343 Replication 14 33 135 156 173 Replevin 220 233 237 250 265 276 Retorn of the Sheriff 23 Of a Writ of Summons and Attachment in an Assize 20 Remainder of a Term and of the Residue of years the difference 72 73 74 Revocation of uses of part of the Lands before setled 198. with power to sell them for payment of Debts ibid. Of letters Patents and the Lands to be seized into the Kings Hands 285 Power of Revoking uses and to limit new uses 326 327 Where a Power of Revocation is extinct and by what Act extinct 327 S. SCire Facias to shew why Letters Patents granted by the King should not be repealed 285 Sheriffs delivery over of Prisoners to the new Sheriff 49 Seisin Of one service where it shall be of another 266 267 Of Homage is Seisin of Fealty 367 What shall be said to be a good Seisin of services 267 268 Of Fealty and Sute where good of other services 267 Statutes of 34. H. 8. Of 27. H. 8. of uses 193. 221 239 253 288 308 13 42 57 84 115 172 332 347 375 Of 34. H. 8. Cap. 20 42 Of 31. E. 3. Of Errours 63 64 65 175 Of 1. E. 6. Of Chauntries 116 Of 1. Eliz. Of incorporating the Colledge of Physicians in London 129 130 and to whom it extends not 135 Of 11. H. 7. Cap. 20. 140. Of E. 6. of â—ithes 212. Of 11. E. 3. Of reation of the Prince Duke of Cornwal 280 Of uniting of Lands to the Dutchy of Cornwal 282 283 Of 43. Eliz. Of Confirmation of Letters Patents 289 Of 1. H. 7. Of Confirmation of the Charter of 11. Ed. 3. of the Dutchy of Cornwall 298 Of 19. H. 7. Of Attainder of Edward Earl of Warwick 165 Of 28. H. 8. A special Act for giving Lands to the King 169 Of 31. H. 8. Of Monasteries 347 Surrender Two joynts for life and one surrendreth to him in the Reversion 354 T. TAles de circumstantibus 47 53 80 98 122 157 261 262 330 346 353 Taxes Imposed for the repair of a Church 219 Tenures 187 265 268 271 272 By Knights service 187 By Heriot service 268 Traverse 14 172 155 Of Nul tiel Recovered 156 Trespass 306 315 323 315 329 339 345 352 356 366 New Assignment in 340 For hindring one to execute his Office and receive the profits of it 361 V. VErdict special in Action upon the Case upon Assumpsit 5 Special 15 47 72 73 81 â—3 99 107 123 157 234 262 302 303 304 305 316 343 346 347 353 354 361 362 367 Uses Declared by Indenture dat after the Recovery suffered 11 199 Not raised to the Queen upon a general consideration without averment 82 Vpon a Fine levied 82 83 84 103 239 Vses contingent destroyed by a Feoffment 333 334 Contingent once destroyed shall never Revive 334 335 W. WAste against an Asignee of Lessee for years for waste done in cutting down of Woods 395 Brought by Barganee of a Reversion 396 In cutting down Trees and the value of the Trees 397 Warranty 81 83 242 239 Voucher to Warranty 4 Where Collateral shall bind the issue in tail 137 to 141 Descends upon an Infant where it shall not bind 335 336 Several Warranties by several persons 174 175 Wills 203 235 236 94