And Andrew Windsor of the same house Esquire William Vavsor of Linton in the County of York Gent. Peter Vavasor the younger of Spallington in the County of York Gent. and John Laundere of Staple Inn near London Gent. on the other party witnesseth that it is Covenanted concluded condescended declared and fully agreed betwixt the said parties and either of the said parties for him and his Heirs and their Executors and Administrators do Covenant condescend declare and agree by these presents to and with the other his and their Heirs Executors and Administrators in manner and form following That is to say Whereas the said Andrew Peter William and John have this present Term of Saint Hillary recovered to them and to their Heirs for ever by writ of Entry of disseisin in the Post had and prosecuted against the said Peter Vavasor Esquire before Sir James Dyer Kt. Richard Harper Roger Manwood and Robert Mounson Justices of our said Lady the Queens Majesty of her Court of Common Pleas at Westminster according to the usuall Order and form of Common recoveries heretofore used The mannor of Spaldington with the appurtenances and diverse other Lands Tenements and Hereditaments siituating and being in the Towns Parishes Hamlets and Fields of Spaldington Willytost Cripthorpe Bubarch Brighton Southcave and Replingham in the said County of York at the time of the said recovery had being the Inheritance of the said Peter Vavasor Esquire other than such Messuages Lands Tenements and Hereditaments as the said Peter Vavasor Esquire lately purchased of one Henry Johnson Esquire by the names of the Mannor of Spaldington 40 Messuages 30 Tofts 30 Gardens 3 Dovehouses 1 Windmill 2000 Acres Land 500 Acers of Meadow 2000 Acres of Pasture 500 Acres of Wood 2000 Acres of Moor with the appurtenances in Spaldington Bubarch Brighton Willitost Gripthorp Southcave and Replingham That the intent and true meanning of all the said parties now is and at the time of the said Recoverie so had and suffered was That the said Andrew William Peter the younger and John and their Heirs and his Heirs or every of them immediately from and after the said Recoverie so had and executed should and shall stand and be seised of the said Mannor and of all other the Lands Tenements Hereditaments in the said Recovery meant and intended to be comprised that is to say of and in the said Mannor of Spaldington with the appurtenances and also of and in the Messuages Tofts Gardens Lands Tenements and Hereditaments with the appurtenances in Spaldington Willytost Gripthorp Bubarch Brighton Southcave and Replingham at the time of the said Recoverie had being the Inheritance of the said Peter Vavasor the Lands Tenements Hereditaments lately purchased by the said Peteer Vavasor of Henry Johnson only excepted as is aforesaid To the only uses intents hereafter by these presents set forth and declared and to none other uses intents or purposes That is to say To the use of the said Peter Vavasor Esquire for term of his natural life without impeachment of any manner of wast after the decease of the said Peter Vavasar Esquire then to the use and behoof of the eldest Son lawfully begotten of the said Peter Vavasor of the Heirs males of the Body of the said Eldest Son Lawfully begotten And for default of such Issue male of the bodie of such eldest Son to the use of the second Son of the body of the said Peter Vavasor Lawfully begotten and the Heirs males of the body of the said second Son Lawfully begotten c. And so to the 9th Son of the said Peter and for default of such Issue male of the body of such 9th Son To the use of Edward Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life without impeachment of any wast and after his decease to the use of the eldest Son Lawfully begotten of the Body of the said Edward and of the Heirs males of the Body of the said Eldest Son Lawfully begotten And for default of such issue male of such Eldest Son To the use of the second Son of the body of the said second Son Lawfully begotten c. And so to the 9th Son of the said Edward and for default of such issue male of the body of such 9th Son to the use of George Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life without impeachment of wast and after his decease to the use of the eldest Son Lawfully begotten of the body of the said George Vavasor and of the Heirs males of the body of the said Eldest Son Lawfully begotten and for default of such issue male of the body of the said eldest Son To the use of the second Son of the body of the said George Vavasor Lawfully begotten and of the Heirs males of the body of second Son Lawfully begotten c. And so to the 9th Son of the said George And for default of such issue male of the body of such 9th Son to the use of Ralph Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life without impeachment of wast and after his decease to the use of the Eldest Son Lawfully begotten of the body of the said Ralph Vavasor and the Heirs males of the body of the said Eldest Son Lawfully begotten and for default of such issue male of the body of such Eldest Son To the use of the second Son of the body of the said Ralph Vavasor Lawfully begotten and the Heirs males of the body of the said second Son Lawfully begotten c. And so to the ninh Son of the said Ralph and for default of such issue male of the Body of such ninth Son To the use of Marmaduke Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life without impeachment of waste and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Marmaduke Vavasor and of the Heirs males of the body of the said Eldest Son Lawfully begotten c. And so to the ninth Son of the said Marmaduke And for default of such issue male of the Body of such ninth Son To the use of Robert Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life without impeachment of any waste and after his decease To the use of the Eldest Son Lawfully begotten of the Body of the said Robert Vavasor and of the heirs males of the Body of the said Eldest son Lawfully begotten and so to the ninth Son of the said Robert and for default of such issue male of the Body of such ninth Son To the use of Thomas Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life without impeachment of any waste and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Thomas Vavasor and of the Heirs males of the Body
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
Record inrolled according to the form of the Statute in such case made and provided One part whereof sealed with the seal of the said Thomas Bowes to the Jurors aforesaid was shewed in Evidence For and in consideration of a certain summ of Money to the said Thomas by the aforesaid William Petham Esq before hand payed bargained and sould to the said William Petham The Messuage aforesaid with the Appurtenances amongst other things To have to him and his Heirs and Assignes for ever The Tenor of which Indenture followeth in these words This Indenture made the 19th day of December 1571. And in the 14th year of the Reign of our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Thomas Bowes Esq Son and Heir of Sir Martin Bowes Kt. late Citizen and Alderman of the City of London deceased of the one party And William Petham of London Esq and Lieutenant General of the Queens Majesties Ordnance of the other party Witnesseth That the said Thomas Bowes for and in consideration of the summ of 1000. pounds of good and lawful Money of England to him the said Thomas Bowes by the said William Pelham at and before the sealing of these presents well and truly contented and paid whereof and wherewith the said Thomas Bowes acknowledgeth himself fully contented satisfied and paid And thereof of every part and parcel thereof doth by these presents clearly acquit exâ—nerate and discharge the said William Pelham his Heirs Executors Administrators and Assignes and every of them for ever by these presents Hath bargained sold given and granted and by these presents doth fully and absolutely bargain sell give and grant unto the said William Pelham his Heirs and Assignes forever All those 8. Messuages or Tenements with the Appurtenances situate lying and being in the Parish of St. Mary VVoolnoth within the City of London now or late in the several Tennures or Occupations of Francis Barnard Cook Thomas Atkinson Scrivener John Allen Thomas Giles Haberdasher John Heath Scrivener Thomas Ryding Cloathworker Citizens of London Ellin Witten and Elizabeth Banester of London Widowes or their several Assignes together with all and singular Shops Sellers Yards Back-sides void Groundâ— Easements Wayes Profits Commodities and Appurtenances to the same Tenements or any of them belonging or appertaining or at any time had taken reputed known used or occupied as part parcell or member of them or any of them with the Advowson or Patronage and gift of the Benefice of the said Parish Church of St. Mary Woolnoth Together with all the Right Title Interest Claim Demand and Reversion with Rents reserved which the said Thomas Bowes hath or of right ought to have of in or to the said 8. Messuages and other the premises or any part or parcell of them or any of them And also the said Thomas Bowes for the Consideration aforesaid Hath bargained and sold given and granted and by these presents doth fully and absolutely bargain and sell give and grant unto the said VVilliam Pelham his He is and Assignes for ever As well the severall Counterpaines of the Indentures oâ— leases made demised and granted of the aforesaid several Messuages or Tenements As also all and every the Deeds Evidences Charters Court-Rolls Rentalls Escripts Miniments and Writings touching or in any wise concerning the premises or any part or parcell thereof All which said several Counterpaines of the said several Indentures of Lease and the said Deeds Evidences Court-Rolls Charters and Miniments before mentioned to be bargained and sold or as many thereof as be in the hands custody or possession of the said Thomas Bowes or of any other to his use The said Thomas Bowes doth covenant grant and agree for himself his Heirs Executors Administrators or Assignes and every of them to and with the said VVilliam Pelham his Executors Administrators and Assignes and every of them by these presents to deliver or cause to be delivered to the said VVilliam Pelham his Heirs Executors Administrators or Assignes At or before the Feast of the Nativity of St. John the Baptist next insuing after the Date of this Indenture Together with the true Copies of all such other Deeds Evidences Charters Court Rolls Rentalls Miniments and Writings as concern the said mentioned premises and other Lands Tenements and Hereditaments not bargained by these presents To have and to hold all and singular the aforesaid Messuages and other the premises with the Appurtenances and every part and parcell thereof by these presents bargained and sold unto the said VVilliam Pelham his Heirs and Assignes forever to the proper use and behoof of the said VVilliam Pelham his Heirs and Assignes for ever And further the said Thomas Bowes doth by these presents covenant and grant for him his Heirs and Executors to and with the said VVilliam Pelham his Heirs Executors Administrators and Assignes by these presents That all and singular the said 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof by these presents bargained and sold now remain and be and at all and every time and times hereafter shall remain and continue unto the said VVilliam Pelham his Heirs and Assignes for ever clearly acquitted discharged or otherwise sufficiently saved harmlesse by the said Thomas Bowes his Heirs Executors Administrators or Assignes of and from all Bargaines Sales Joyntures Dowers Judgements Executions Intrusions Fines Alienations and all other charges duties and incombrances whatsoever heretofore had made done or suffered by the said Thomas Bowes or his Assignes or by any other person or persons the several Leases heretofore made and granted of the premises now standing in their full force onely excepted and foreprised during which several Terms in the said several Indentures of Lease mentioned the said Thomas Bowes doth covenant and grant for Him his Heirs and Assignes to and with the said VVilliam Pelham his Heirs Executors and Assignes That the several Rents thereupon reserved shall and may have continuance and be payable to the said VVilliam Pelham his Heirs and Assignes during the said several Terms All manner of chief Rents and services heretofore to be due for the same to the chief Lord and Lords of the Fee and Fees only excepted And farther the said Thomas Bowes doth by these presents for himself his Heirs Executors Administrators and Assignes and every of them covenant grant and agree with the said William Petham his Heirs Executors Administrators and Assignes and every of them by these presents That he the said Thomas Bowes at the making thereof standeth and is lawful and rightful owner of all and singular the aforesaid 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof And that he is sole lawfully and rightfully seised of a good and perfect estate in Fee simple or Fee tail in his own right and to his own use onely and without condition or other defeasance of all the
to the plea of the said Richard Horsted Tenant by his warrant aforesaid in form aforesaid pleaded to reply c. and the said Richard Horsted Tenant by hâ—s warranty aforesaid although sollemnly called came not again but in contempt of the Court departed and made default Therefore It is considered by the said Court That the said Nicholas Parker and Simon Patrick shall recover seisin against the said William Pelham of the aforesaid 8 Messuages with the appurtenances c. to hold to the said Nicholas Parker and Simon Patrick and their heirs acquitted from the said William Pelham and his heirs and also from the said Thomas Bowes and his heirs as also from the said Richard Horsted and his heirs for ever and that the said William Pelam have of the Lands and Tenements of the said Thomas Bowes to the value c. and that the said Thomas Bowes have of the Lands and Tenements of the aforesaid Richard Horsted to the value c. and that the said Richard Horsted be in mercy c. and hereupon at the self same Hastings at the petition of the said Nicholas Parker and Simon Patrick it was commanded to the Sheriffs of London that they to the said Nicholas Parker and Simon Patrick and their heirs for ever of the Messuages aforesaid with the appurtenances give full and peaceable seisin and how the said Command was executed that they make known unto the Court here at the next Hastings of London of pleas of Lands in the guildhall of the City aforesaid to be holden c. at which day that is to say â—t the Hustings of pleas of Lands holden in the Guild-hall London Monday next before the feast of Saint Philip and James in the year of the said Lady the Queen the 14 th aforesaid the Sheriff of London that is to say Henry Mils and John Branch retorned and certified to the Court here c. That they by virtue of the precept to them directed full and peaceable seisin to the said Nicholas Parker and Simon Patrick of the 8 Messuages with the appurtenances c. made to have according to the effect of the precept aforesaid as it was above commanded unto them c. as by the said recovery aforesaid under the seal of the office of the Mayraltie of the City aforesaid to the Jurors aforesaid shewed in evidence fully appeacheth And farther the Jurors aforesaid say upon their oath aforesaid that the said William Pelham in the Indenture aforesaid named and the said William Pelham against whom the said Nicholas Parker and Simon Patrick sued forth the writ of Right aforesaid is one and the same person and not another nor diverse And that the said Thomas Bowes Son and heir of the said Martin Bowes Knight and the said Thomas Bowes in the recovery aforesaid specified whom the said William Pelham vouched thereto warranty and the said Thomas Bowes above named is one and the same person and not another nor divers By colour whereof the said Nicholas and Simon afterwards and before the 8 th day of May in the year of the raign of the said Lady the Queen that now is the 14 th that is to say the first day of May in the 14 th year aforesaid in the Messuage aforesaid with the appurtenances amongst other things entred and were thereof amongst other things seised And farther the said Jurors say upon their oath aforesaid that the recovery aforesaid of the aforesaid Messuage with the appurtenances amongst other things in form aforesaid had was had with the assent and agreement of the said Nicholas and Simon William Pelham Thomas Bowes Son of the aforesaid Martin Bowes Knight and Richard Horsted and without any just title of the said Nicholas and Simon to the use of the said William Pelham his heirs and assigns for the farther his assurance of and in the aforesaid Messuage with the appurtenances amongst other things according to the form and effect of the Covenants and agreements of the said indenture of bargain and sale specified by the said Thomas Bowes Son of the said Martin Bowes Knight to the said William Pelham as before is said made by colour of which recovery as also by force of the aforesaid Act of Parliament of transferring of uses into possession the said William Pelham was seised of the aforesaid Messuage with the appurtenances amongst other things as the Law requireth and that afterwards that is to say the first day of December in the year of the raign of the said Lady the Queen that now is the 16 th the said Martin Bowes Son of the said Thomas Bowes Son of the said Martin Bowes Knight then being within the age of 21 years that is to say of 17 years dyed without issue of his Body Lawfully begotten And that the aforesaid William Pelham of the said Messuage with the appurtenances amongst other things as before is said recovered in form aforesaid being seised before the aforesaid time in which c. that is to say the 10 th day of September in the year of the Raign of the said Lady the Queen that now is the 27 th demysed the said Messuage with the appurtenances in the declaration aforesaid above specified to the aforesaid Edward Griffin to have to him and his assigns from the feast of Saint Michael the Archangel then next ensuing until the end and Term of 21 years then next following By virtue of which demyse the said Edward Griffin was of the said Messuage with the appurtenances possessed and that afterwards that is to say the 10 th day of January in the year of the said Lady the Queen that now is the 29th the aforesaid Thomas Bowes Son of the said Thomas Bowes Son and heir of the said Martin Bowes Knight into the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified upon the possession of the said Edward Griffin thereof entred and then and there demysed granted and to farm let to the said Henry Page the said Messuage with the appurtenances to have to him his executors and assignes from the within written feast of the birth of our Lord then last past unto the end and Term of the within written Six years and that the said Edward Griffin afterwards that is to say the within written 11th day of January in the 29th year abovesaid into the Messuage aforesaid with the appurtenances upon the possession of the said Henry Page thereof did reenter and the said Henry from the possession of the Messuage aforesaid did expel and amove and that the said Thomas Bowes Son of the said Martin Bowes Knight and Father of the said Thomas Bowes Master of Arts yet living and being in full life that is to say at London in the Parish and Ward aforesaid But whether upon the whole matter aforesaid in form aforesaid found the entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight into the messuage aforesaid with the
of the Justices of the Lady the Queen of the Bench and Edward Fenner one of the Justices of the said Lady the Queen of pleas before the Queen her self to be holden assigned Justices of the Assiise of the Lady the Queen in the County of Wilts to be taken Assigned by the form of the statute came aswell the within named James Linche as the said within written William Spencer and Tho. Spencer by their Attorneys within mentioned and the Jurors of the Jury whereof within mention is made being called some of them that is to say William Garret of Shaw Gentleman William Bury of Crickland Thomas Puckley of Nether Haven Gentleman William Marse of Haydon John Noyse of Graston Richard Legge of Nether Haven Thomas Smith of Kinnett Thomas Stoper of Moanton and VVilliam Gouldesborough of the same came and are sworn of the same Jury and because that the rest of the Jurors of the Jury did not appear therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James and by the command of the Justices aforesaid were new put whose names to the Panâ—nel within written are filed according to the statute in such case lately made and provided And the Jurors so of new put that is to say Thomas Stringer VVilliam Bundy and VVilliam Hascal likewise called came who to the truth of the matter within conteined together with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the aforesaid VVilliam Spencer is not guilty of the Trespass and Ejectment within written as the said VViliam hath within alleged and further the said Jurors as to all the Trespass Ejectment aforesaid within written besides the Trespass and Ejectment in the Messuage within conteined and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise therof within allegeth and as to the Trespass and Ejectment within written into the aforesaid Messuage and 26 Acres of Land within supposed to be done the same Jurors say upon their Oath that long before the within written time in which it is supposed the Trespass and Ejectment aforesaid to be done one Richard Bridges Knight was seised as well of the aforesaid Messuage and 26 Acres of Land with the appurtenances as of the other Tenements within written residue with the appurtenances in his demesn as of Fee and so thereof being seised the said Richard long before the time aforesaid in which c. by his certain writing of Feoffment Indented in Consideration of a certain Ioynture of one Iohanna the wife or Daughter of VVilliam Spencer Knâ—ght deceased from thence after to be had and ended gave and granted and in his said writing Indented confirmed to Iohn VVinchcomb the Elder of Newberry in the County of Berks. and John Knight of Newbery aforesaid the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said John VVinchcomb and John Knight their heirs and assignes for ever under this Condition following that is to say That the said John VVinchcomb and John Knight within one moneth next ensuing after the date of the said writing by their sufficient writing in Law as by the learned Councel in the Law of the said Richard â—ridges it should be avised should give grant and deliver the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna his wife to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna and to the heirs of the bodies of the said Richard and the said Johanna his wife betwixt the said Richard and the said Johanna Lawfully begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid Richard for ever of the chief Lords of the Fee by the services therefore due and of right occasioned as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 th day of January in the year of the Reign of the Lord Henry late King of England the 8 th the 32 th to the Jurors aforesaid in evidence shewed more fully appeared and that by virtue of the said Feoffment the aforesaid John Winchcomb and John Knight were seised of the aforesaid Messuage and 26 Acres of Lands in which c. amongst other in their demesn as of Fee upon the condition aforesaid And farther the Jurors aforesaid say upon their Oath That the said John Winchcomb and John Knight being so thereof seised long before the aforesaid time in which c. and within the said one Moneth next insuing after the date of the said writing of Feoffment Indented at Walcot aforesaid in performance of the condition aforesaid and at the request of the said Richard Bridges by their certain writing Indented of Feoffment delivered enfeoffed and delivered and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land in which c. amongst other to the aforesaid Richard Bridges and Johanna his Wife and the heirs of the bodies of them the said Richard and Johanna betwixt them Lawfully begotten and for default of such issue the remaynder thereof to the right heirs of the said Richard Bridges for ever of the chief Lords of the Fee by the services thereof due and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed and bearing date the 6th day of February in the year of the Reign of the aforesaid late King Henry the 8 th the 32 th aforesaid and to the Jurors aforesaid in Evidence shewed it more fully appeareth And that by virtue of the said Feofment the aforesaid Richard Bridges and Johanna were seised of the aforesaid Messuage and 26 Acres of Land in which c. amongst other in their demesn as of Fee tail that is to say to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten the remaynder thereof to the right heirs of the said Richard as above is said And the said Richard and the said Johanna so thereof being had issue of their bodies between them Lawfully begotten one Anthony Bridges his Son yet living and in full life being that is to say at West Shefford in the County of Berks and that afterwards and before the time in which c. the aforesaid Richard Bridges and Johanna of the aforesaid
Tenements Rents Rectorie Warren Liberties and Fishing with the appurtenances in the same conteined and the same to him did render in the same Court to have and to hold and perceave the said yearly Rent of 100 pound to the said Edward the whole life of the said Johanna by the name of the Lady Johanna Bridges Mother of the said Anthony at the Feast of the Annunciation of the blessed Mary the Virgin the Nativity of Saint John the Baptist Saint Michael the Archangel and the birth of our Lord by equal portions yearly to be paid the whole life of the said Johanna the first payment whereof to begin at the Feast of the Feasts aforesaid which next after the decease of the said Anthony should happen to be And if it should happen the said yearly Rent of 100 pound or any part thereof to be behind in part or in all after any of the aforesaid Feasts in which as before is said it ought to be paid not paid by the space of 30 dayes That then and so often the said George and his heirs forfeit to the said Edward 4 pound and 15 shillings Nomine paenae as often as the said yearly Rent of 100 pound or any parcel thereof so to be behinde should happen and that then and so often it should be well lawfull to the said Ed. all the life time of the said Johanna into the aforesaid Mannors Tenements Rents Rectorie Warren Liberty and Fishing with the appurtenances in the said Fine conteined and every part and parcel thereof to enter and distreyn and the distressess so here taken and had Lawfully to lead carry away and drive and the same to keep until as wel of the aforesaid yearly Rent of 100 pound with the areaâ—ages thereof if any should be as of the aforesaid 4 pound 15 shillings Nomine Paenae as before is said he should be fully satisfied and paid Also the aforesaid George granted to the aforesaid Anthony and Barbara the aforesaid Mannors of Baddesden and Fally otherwise great Fally with the appurtenances and 20 Messuages 10 Tofts 10 Gardens 6 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 50 shilling Rent with the appurtenances in Baddesden Lugershall Fally otherwise great Fally and West Shefford and the Rectorie of great Fally with the appurtenance and Free Warren and Liberty of a Park in West Shefford otherwise great Shefford aforesaid parcel of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Fine conteyned and then did render in the same Court To have and to hold to the said Anthony and Barbara of the chief Lords of the Fee by the services which to those Mannors Tenements Rents Rectories Warren and Liberty of Park do belong the whole life of the said Anthony and Barbara and to the longest liver of them without impeachment of any waste the whole life of the said Anthony And after the decease of the said Anthony and Barbara the same Mannor Tenements Rents Rectories Warren and Liberties of Park with the appurtenances wholly to return to the said George and his heirs To be holden of the Lords of the Fee by the services which to those Mannors Tenements Rents Rectory Warren and liberty of Park belonging for ever And the aforesaid Jurors further say upon their Oath aforesaid that the said Johanna in the said Messuage and 26 Acres of Land amongst other with the appurtenances in form aforesaid being seised the said Johanna afterwards and before the within written time in which c. the 7th day of October in the year of the Reign of the said Lady the Queen that now is the 32 th at Swindon aforesaid by her certain Indenture of demise between the same Johanna by the name of Jane Harcourt of Lugershall in the County of Wilts Widdow of the one party and Edward Bridges Esquire William Bridges and Anthony Bridges Sons of the sayd Edmond and their assignes of the other party made which Indenture is dated the 21 th day of August in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid aswell for and in Consideration of the surrender of one Indenture of Demise before then granted of all and singular the premises in the said Indenture to the aforesaid Johanna then after demised or to be demised of 19 years and more then to come and not expired which the aforesaid Edmond before that time had and injoyed As of a former Indenture of Demyse at or before the sealing and deliverie of the said Indenture now in Evidence shewed the aforesaid Edward Bridges had surrendred and delivered unto the hands and possession of the said Johanna as for divers other good causes and considerations the same Johanna specially moving Demised granted and to Farm let to the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond the aforesaid Messuage and 26 Acres of Land with the appurtenances amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land amongst other to the aforesaid Edmond William and Anthony Bridges the aforesaid 2 Sons of the said Edmond Bridges for the Term of their natural lives and for the Term of the life of the longest liver and every of them successively to be injoyed Yielding and paying therefore yearly during the said Term to the aforesaid Johanna under by the name of Jane Harcourt her heirs assigns 4 pound and 2 pence of good and Lawfull mony of England at two usual Feasts or Terms of the year that is to say at the Feast of the Annunciation of the blessed Mary the Virgin 40 shillings and 1 penny and at the Feast of Saint Michael the Archangel the like sum of 40 shillings and 1 penny residue of the aforesaid 4 pound 2 pence as by the said indenture of Demise to the said Jurors in Evidence shewed more fully appeared by virtue of which demise the said Edmond Bridges William Bridges and Anthony Bridges Sons of the said Edmond were seised of the aforesaid Messuage and 26 Acres of Land within written as the Law requireth And farther the said Jurors say upon their Oath that the aforesaid Messuage 26 Acres within written and the rest of the Tenements in the said Indenture of Demise by the said Johanna under and by the name of Jane Harecourt to the said Edmond William and Anthony Sons of the said Edmond in form aforesaid demised were not usually demised for the greater part of 20 years next before the same demise as before is said made for so little rent as by the aforesaid Indenture thereof now in evidence shewed in form aforesaid was reserved And the aforesaid Jurors farther say upon their Oath that the aforesaid Johanna afterwards and before the time in which c. that is to say the 29th day of September in the year of the Reign of the said Lady the Queen that now
the 18th day of June in the year of the Reign of the said Lady the Queen that now is the 33 th aforesaid at Buck. aforesaid if by the Law of England this they could do enâ—eoffed the aforesaid John Lambert of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances To have and to hold unto the said John Lambert his Heirs and Assigns for ever By colour of which the said John Lambert after and before the aforesaid time in which c. that is to say the said 18 th day of June in the year 33 th aforesaid into the Messuage and 6. Acres of pasture aforesaid parcel c. with the appurtenances entred and was and yet is thereof seised in his demesn as of Fee if the Law thereof requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Lady the Queen that now is as before is said seised in her demesn as of Fee in the right of her Crown of England of and in the aforesaid Messuage and 6. Acres of pasture parcel c. if the Law of England this requireth after and before the time in which c. that is to say the 27 th day of May in the year of her Reign the 34th The said Lady the Queen that now is By her Letters Patents under the Great Seal of England sealed to the Jurors aforesaid in Evidence shewed whose date is at Westminster the same day and year in Consideration of the good true faithful and acceptable Service to the said Lady the Queen that now is before that time by her wel-beloved Cosin Thomas Earl of Ormond and Osory done as for divers other causes and considerations the aforesaid Lady the Queen that now is then specially moving as also at the humble Petition c. of the said Earl of her special grace certain knowledge and meer motion Gave and granted for her her Heirs and Successors to her beloved Subjects Edmond Downing and Roger Rant Gent. the Messuage aforesaid and the aâ—oresaid 6. Acres of pasture with the appurtenances in which c. amongst other By the name of all that her late Chauntry called Bartons Chauntry situate and being in the Parish of St Peter in the Town of Buckingham and all Lands Tenements Rents and Hereditaments whatsoever with their appurtenances whatsoever situate lying and being in the said Town of Buck in the aforesaid County of Buck to the said late Chauntry called Bartons Chauntry belonging or apperteining or to the maintenance of a Chaplain or Priest and other uses superstitious in the Church of Saint Peter aforesaid according to the Ordination of John Barton the Elder before then given bequeathed lye limited or appointed To have hold and enjoy to the said Edmond Downing and Roger Raut their Heirs and Assigns to the only and proper behoof and use of the said Edmond and Roger their Heirs and Assigns for ever Yielding and paying to the said Lady the Queen that now is her Heirs and Successors yearly for ever 13. pound and 12. pence of lawful Money of England to the hands of the Receiver general of the County aforesaid for the time being or at the Receipt of the Exchequer of the said Lady the Queen her Heirs and Successors at the Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions every year to be paid for all Rents exactions services demands whatsoever for the same to the said Lady the Queen and her Successors any wayes to be rendred payed or done And the said Lady the Queen that now is by her said Letters Patents for her her Heirs and Successors granted unto the said Edmond Downing and Roger Rant that the said her Letters Patents or the Enrolment of them should be of force form sufficient and effectuall in the Law against the said Lady the Queen that now is her Heirs and Successors as well in all Courts as elsewhere within her Realm of England without any confirmations licences or tollerations by the aforesaid Lady the Queen that now is her Heirs or Successors in after by the said Edmond and Roger their Heirs or Assigns or by any of them to be procured or obteined Notwithstanding the ill naming or ill reciting or non-reciting the aforesaid several Mannors Rectories Messuages Lands Tenements and other all and singular premises or any parcel thereof And no withstanding the not finding of Office and Inquisition of the premises or of any parcel thereof by which the title of the said Lady the Queen that now is ought to be found before the making of her Letters Patents aforesaid and notwithstanding the not reciting or ill reciting of any demise or grant of the premises or of any parcel thereof before then made being of Record or not of Record And notwithstanding any defects of the certain composition or Declaration of the yearly value of the premises or not Declaration of the yearly value of the premises or any part thereof in the said Letters Patents expressed and conteined and notwithstanding other defects in not naming or ill naming any Tenant Farmor or occupier of the Lands Tenements or Hereditaments aforesaid or any part thereof or not rightly naming any Town Hamlet Parish or County in which the premises or any parcel thereof be and also in not naming the premises or any parcel thereof in nature kinde or quality by colour of which said Letters Patents the aforesaid Edmond Downing and Roger Rant were of the aforesaid Messuages and 6 Acres of Land parcel c. with their appurtenances amongst other seised in their demesn as of Fee if the Law this requireth and so thereof being seised if the Law of England this requireth and the aforesaid John Lambert continuing his possessions thereof and as before is said being seised if the Law of England this requireth the said Edmond Downing and Roger Rant by their certain Indenture made the 28 day of July in the year of the said Lady the Queen that now is the 34 aforesaid Between the aforesaid Edmond Downing and Roger Rant of the one part and one Robert Snelling of East-Horsly in the County of Surrey Gentleman and Thomas butler of Grays Inn in the County of Middlesex Gentleman of the other part for a certain summ of good and lawfull mony of England to them before hand by the aforesaid Robert Snelling and Thomas Butler well and truely paid gave granted sold bargayned and confirmed to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns for ever the Messuage aforesaid and the aforesaid 6. Acres of Pasture parcel c. with the appurtenances amongst other to have and to hold to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns â—or ever as by the Indenture aforesaid inrolled in the close roll of the Chancery of the said Lady the Queen that now is the 10. day of December in the year of the Reign of the said Lady the Queen that
possessions thereof then being The Tenor of which Letters Patents followeth in these words The King and Queen to all to whom c. greeting Know ye That we in Consideration of the good true and faithful service of our Beloved and Faithful Servant George Howard Kt. before this time to us done and for diverse other causes and Considerations us specially moving Of special grace and of our certain Knowledge and meer motion have given and granted and by these presents do give and grant for us the Heirs and Successors of us the aforesaid Queen to the aforesaid George Howard All those two Acres of our Lands lying and being in Ashwynen in our County of Norfolk c. We also give and grant by these presents to the aforesaid George Howard Kt. Two pieces of our Lands called Nettlehamsted and VVikemans containing by estimation 15. Acres lying and being in VVymondhom aforesaid in the County aforesaid now or late in the tenure or occupation of John Coleman and late to the Monastery of VVyndmondham sometimes belonging and appertaining and being parcel of the possessions thereof c. We also give for the Consideration aforesaid by these presents for us the Heirs and Successors of us the aforesaid Queen grant to the aforesaid George Howard Kt. all and all manner of Woods and Underwoods and our Trees whatsoever of in and upon the premises growing and being and all the Land Ground or Soyl of the same Woods Underwoods and Trees and the Reversion and Reversions whatsoever of all and singular the premises above expressed and specified and to every parcel thereof as also the yearly Rents and profits whatsoever reserved upon whatsoever Demises and Grants of the premises or any parcel thereof any wise made as fully and wholly and in as ample manner and form as any Abbots Priors of the said late Abby or Priory or any of them or any Guardians or any Chapleins Chaunters or Incombents or any Chaplein Chaunter or Incumbent of Chauntry Guilds Lamps Obits and Lights aforesaid or any other or others the premises or any parcel thereof having possessing ever had held or enjoyed or ought to have hold use or enjoy as fully freely and wholly and in as ample manner and form as all and singular the premises to our hands or to the hands of the most dear Father of us the said Queen Henry the 8th late King of England Or unto the Hands of our most dear Brother of us the said Queen Edward the 6th late King of England by reason or colour of the several Dissolutions of the said late Monastery Priory Chauntry Guild Lamps Obits and Lights aforesaid or by reason of any Act of Parliament or any Acts of Parliament or any other lawful means Right or Title ought to come and in our Hands now of right by reason of the dissolutions of the said late Monastery Priory Chauntry Guild Lamps Obits and Lights are or ought to be All which singular premises with the appurtenances from us and from the Father and Brother of us the said Queen were concealed and detayned and the Rents and Revenews thereof nor of any parcel thereof to us before this time were answered And all which and singular premises with the appurtenances now in the whole do amount to the cleer yearly value of 22. pounds 8. shillings and 6. pence and not above that is to say c. the aforesaid Lands Tenements Meadows Pastures and other the premises in Possewicke Kerringham Massingham Great â—erlingham Gist Girston Holm Hunstonston Alderford Duckleborough Boyton in the Parish of St. George in the City of the County of Norwich Buckenham New Winondham Plamsted Tylenham Southelingham Dinham and Estlyham aforesaid in the said County of Norfolk to the cleer yeerly value of 56. shillings and 4. pence And if it shall happen the aforesaid Lands ands Tenements above expressed or any parcel thereof at the time of the making of these our Letters Patents to be of greater yeerly value old Rent than in those present Letters Patents is particularly specified That then it shall be lawfull for us the said King and Queen and the Heirs and Successors of us the aforesaid Queen from time time during the Term of 10. yeers after the date of these Letters Patents into all the aforesaid Lands Tenements and other the premises and every parcel thereof so being of greater yeerly value to enter and the same to seize and have in our hands and our possession to keep until we the said King and Queen the Heirs and Successors of us the aforesaid Queen of so many summs of good and lawful mony of England to how much the said greater and yeerly value of the premises or any parcel thereof according to the rate of purchase of 21. yeers do amount unto we be thereof satisfied and paid To have and to hold and enjoy the aforesaid Messuages Houses Buildings Lands Tenements Meadows Feedings Pastures Woods Underwoods Rents Services and other Hereditaments whatsoever with the appurtenances And all and singular the premises with all their appurtenances to the aforesaid George Howard Kt. his Heirs and Assignes to the proper use and behoof of him the said George and his Heirs and Assignes for ever To hold the aforesaid Messuages Lands Tenements and all and singular other the premises with their appurtenances of us and of the Heirs and Successors of us the aforesaid Queen as of our Mannor of East Greenewich by Fealty only in free Socage and not in Capite for all Rents Services and demands whatsoever for the same to us the Heirs and Successors of us the aforesaid Queen for the same to be any way rendred paid or to be done And further of our further special grace We have given and granted and by these presents for us the Heirs and Successors of us the aforesaid Queen We give and grant to the aforesaid George Howard Kt. from henceforth All and singular the Rents Reversions and profits of all and singular the premises from the Feast of the Annuntiation of the blessed Mary the Virgin last past hitherto coming or arising To have the same of our gift without account or any other thing to us the Heirs and Successors of us the aforesaid Queen in any manner to be rendred paid or done We Will also and by these presents grant to the aforesaid George Howard that he have and shall have these our Leters Patents in due manner made and sealed Without any Fine or Fee great or small to us in our Hamper or elsewhere to our use for the same any wayes to be rendred paid or done because expresse mention c. In Witnesse c. T. R. and R. at Westm the 9th day of July in the yeers the 4th 6th of Philip and Mary And further the Jurors aforesaid say upon their Oath That at the aforesaid time of the making of the said Letters Patents so as before is said to the aforesaid George Howard The Mannor aforesaid from the aforesaid late King and Queen was
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
Purificaiion of the blessed Mary wheresoever c. to Recognize in form aforesaid c. And the same day is given to the parties aforesaid c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and the said Edward by their Attorny aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif sent not his Writ thereof c. There again as before It is commanded c. That he destrein the Jurors aforesaid by all their Lands c. So that he have their Bodies before the Lady the Queen from the day of Easter in 15. dayes wheresoever c. Unless the Justices of the Lady the Queen to Assizes in the County of KENT to be taken assigned first upon Monday in the 5th Week of Lent at Rochester in the aforesaid County of KENT according to the form of the Statute shall come for default of Jurors And therefore that the Siherif have their Bodies c. to Recognize in form aforesaid And the same day is given to the parties aforesaid At which day before the Lady the Queen at Westminster came aswel the aforesaid Christopher Digges the Son and Edward Digges by their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the aforesaid Justices to Assizes before whom c. sent here the Record had before them in these words After wards the day and place within contained before Francis Gawdy one of the Justices to Pleas before the Queen her self to be holden assigned and George Kingsmill one of the Justices of the said Lady the Queen of the Bench Justices of the said Lady the Queen to Assizeâ— in the said County of Kent to be taken assigned by the form of the Statute c. come aswel the within named Christâ—pher Digges and Edward Diggs by Edmond Gibbon their Attorny within written as the said Thomas Palmer and Margaret by Nathaniel Manley their Attorny And the Jurors of the Juâ—y whereof within mention is made likewise being called come who to say the truth of the within contained chosen tryed and sworn say upon their Oaths That long before the day of the bringing of the Monsirans de droit within written one Christopher Digg otherwise Digges Esquire in the Monstrans de droit within named Father of the aforesaid Christopher Digges and Edward Digges was seized of the Mannors Lands and Tenements with the appurtenances in the Monstrans de droit specified and of and in Lands and Tenements in the Indenture hereafter specified in his Demesn as oâ— Fee And so thereof being seized The said Christopher Digges the Father before the day of the bringing of the Monstrans de droit within written that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th By his Indenture between him the sâ—id Christopher Digges the Father of the one part Henry Cripps Knight John â—rook Francis Gatacre Richard Brook Thomas Leason and Richard Horewood Gent. of the other part made one part whereof with the Seal of the said Christopher Digges the Father sealed to the Jurors aforesaid in Evidence was shewed whose Date is the same day and yeer For the Considerations and Causes in the same Indenture specified covenanted and granted for him and his Heirs To and with the aforesaid Henry â—ripps John Brook Francis Gatacre Richard Brook Thomas â—eison and Richard Horewood and their Heirs That the said Christopher Digges the Father and his Heirs then from thenceforth would stand and be seized of and in all and singular the aforesaid Mannors Lands and Tenements to the Behoofs and uses Provisons and intents in the same Indenture specified The Tâ—nor of which Indenture followeth in these words ss This Indenture made the 6th day of May in the 10th yeer of the Reign oâ— our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Christopher Digg otherwise Digges of Outelmeston in the County of Kent Esquire on â—he one part and St. Henry Cripps or Thenett in the said County Knight John Brook Francis Gatacre Thomas Leweson and Richard Horewood Gent. on the other part witnesseth That whereas the said Christopher Digges did â—eretofore mary and take to Wife Martha Brook Sister of the said John Brook and Richard Brook and now Wife of the said Christoper and during the said Mariage had and continuing they had and have issue be ween their Thomas Digg otherwise Digges now being Son and Heir apparent of the said Christopher Therefore aswel in Consideration of the said Mariage so had betwâ—en the said Christopher and Martha As alâ—o for and in consideration of the sum of 200. pounds of good and lawful money of England before the solemnization of the Mariage aforesaid unto the sâ—id Christopher well and truly contented satisfied and paid As also for the Preferment and certain Advancement of the said Thomas â—igges and of the Heirs Males of the said Thomas Digges of his Body lawfully to be begotten And also for diverse other good considerations the same Christopher Digges thereunto specially moving It is now Covenanted Granted Concluded Condescended and Agreed between the parties to these presents and the said Christopher Digges and his Heirs doth by these presents Covenant Grant and Agree to and with the said Sr. Henry Cripps Knight John Brook â—rancis Gatacre Richard Brook Thomas Leweson and Richard Horewood their Executors and Administrators in manner and form following That is to say That aswell the said Christopher Digges and his Heirs and all and every other person or persons and their Heirs which now stand or be seized or at any time hereafter shall stand or be seized of and in all and singular his Manors Messuages Lands Tenements Rents Reversions Services whatsoever with their appurtenances set lying and being in the said County of Kent shall from the day of the Date of these presents stand and be seized of and in all and every the said Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of Kent to the only uses and intents hereafter in these presents mentioned and expressed and to none other use intent or purpose That is to say To the use of the said Christopher Digges for his natural life and after the decease of the said Christopher Digges Then to the use of the said Thomas Digges and the Heirs Males of his body lawfully begotten and for default of such Heirs Males Then to the use of the Heirs Males of the body of the said Christopher upon the Body of the said Martha lawfully to be begotten Provided alwaies and it is neverthelesse Covenanted and Agreed by these presents between the said parties to these presents upon the Considerations above mentioned That for the Preferment and Advancement of the other Children of the said Christopher Digges and
consent and agreement do covenant and grant to and with the said Thomas Ovington and Thomas Diggss their Heirs and Assigns by these presents that from the time of the Inrollment of this present Indenture in the Queens Majesties Court of Chancery that all and every the said use and uses considerations and intent in any wise limitted declared and mentioned in the abovesaid Indenture in these presents above comprised and for and as concerning all and singular their Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in any wise mentioned meant comprised and specified in the abovesaid Indenture in these presents above comprised except or Meadow lying and being in the Parish of Bishopsborne in the said County of Kent contayning by estimation or thereabouts and now or late in the occupation or possession of one Vincent Edley or of his Assigns shall be utterly void and frustrate and be determined and ended and that the said Christopher Digges and his heirs and all and every person and persons which now stand and be seised or at any time hereafter shall stand and be seised of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances or any parcel thereof in any wise mentioned meant comprised or specified in the abovesaid Indenture in these presents comprised except before excepted shall from the time of the Inrolment of these presents stand and be seised of and in all and singular the said Manors Messuages Lands and Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in the said former Indenture or in these presents meant contained or specified and of and in all and every part and parcel thereof except before excepted to the only use of the said Christopher Digges his Heirs assignes for ever to no other use or uses purposes or intents In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeablie have set dated the day and yeer first above written as by the said other Indenture further recited more fully appeareth And the aforesaid Christopher Digges the Father so as before is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the aforesaid Indenture bearing date the 20th day of September in the 13th yeer abovesaid as the same requireth being the said Christopher Digges the Father afterwards and before the day of the being of the Monstrans de droâ—t within written that is to say the 20th day of October in the yeer of the Reign of the said Lady the Queen that now is the 14th By another certain Indenture between the said Christopher Digges the Father of the one part and Richard Gaunt Gentleman and Lawrence Applegate of the other part made one part of which with the Seal of the said Christopher to the Jurors aforesaid in evidence was shewed whose date is the same day and yeer covenanted and granted for him and his Heirs to and with the aforesaid Richard Gaunt and Lawrence Applegate in manner and form as in the Indenture aforesaid is conteyned the Tenor of which followeth in these words Thiâ— Indenture made the 25th day of ctober in the 14th yeear of the Reign of our Soveraign Lady Elizabeth by the gâ—ace of God Queen of England France and Ireland defender of the Faith c. Between Christopher Digges of Barham in the County of â—ent Esquier on the one party and Richard Gaunt of the City of Canterbury Gentâ—emâ—n and Lawrence Applegate of the Parish of Saint George of the same City Draper on the other party Witnesseth That it is Covenanted granted condescended and agreed by all the parties to these Indentures by these presents in maner and form following that is to say that first the said Christopher Digges for him and his Heirs Executors and Administrators doth Covenant and grant to and with the said Richard Gaunt and Lawrence Appâ—egate their Executors and assigns by these presents that he the said Christopher and Martha his Wife before the end of this Instant Term of Saint Michael upon the writ of Covenant to be persued by the said Richard and Lawrence out of the high Court of Chancery and retornable before the Queens Majesties Justices of the common plea at Westminster shall acknowledge and levy a fine of all those the Manors Lands Tenements Meadows Marshes Pastures Feedings Woods Underwoods Rents and Services to any the same Manors appertaining or in any waies belonging set lying and being in the Parishes of Barham Kingstone Bishop Borne Patiâ—chborne Littleborne Wellborne Sturrey Harrisham Saint Stephens Hackington Netherherds Lenham Brensted in the County of Kent and also all other the Lands Tenements whatsoever which he the said Christopher Dighes now hath or late had in the same County and that by he names of Owtelmestone Mayton Hackington and Yokes Court with the appurtenances 40 Messuâ—ges 20 Tofts 1 Mill 3 Dovehouses 20 GardeÌ„s 10 Oâ—châ—rds 1000 Acres of Land 100 Acres of Meadow 100 Acres of Pasture 600 Acres of Wood 10 Acres of Heath Furze 5 pound Rent the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborne Bridge Patricksboone Littleborne Wellborne Sturrey St. Stephens Hackington Netherherds Lenham Harrisham Frensted Sutton Repple and Sholden and nevertheless it is covenanted granted and agreed between the said Christopher Digges Rich Gaunt Lawrence Applegate they their Heirs Executors Assignes do covenant and grant by these presents to and with the said Christopher Digges his Heirs Executors and Assignes in form following that is to say that the same Fine and the use and execution of the same as to the Manor of Yokes Court with the appurtenances and one Messuage called Fokeham 500 Acres of Land Meadow and Pasture by estimation be it more or less with the appurtenances set lying and being in the parishes of Fremsted Lenham Harrisham in the County of Kent aforesaid 160 Acres of Land Meadow and Pasture in the Parish of Netherherds Nackington and Patricksborne in the said County And all those Lands arable and Pasture conteyning by estimation 200 Acres called Gore and Ilding lying and being in the Parishes of Barham and Kingstone now late in the 〈◊〉 of James Herenge and John Nethersale or of their assigns all Woods Wood-Lands Underwoods Courts Rents perquisites of Court to all the same only excepted shall be to the use of the said Christopher Digges and Martha and the Heirs and Assignes of the said Christopher Digges for ever And that the said Fine use and execution thereof as well to the said Manors of Owtelmestone Mayton and all the Lands Meadows Marshes Feedings Woods Underwoods Rents and Services to the same Manors or any of them belonging or in any wise appertayning and also all other the Lands Messuages Tenements Meadows Pastures Marshes Woods Underwoods and other Hereditaments whatsoever above in these presents specfiâ—ed mentioned or comprised the
use thereof in the abovesaid Fine in form abovesaid to be levyed and acknowleged before by this Indenture not limited or appointed the Rent of 10 quarters of Barley only except to be to the only use and behoof of the said Christopher Digges his Heirs and Assignes for ever and to no other use or uses purpose or intent and that the said Fine or use and execution thereof as to the abovesaid 10 Quarters of Bâ—rley to be to the only use and behoof of the abovesaid Richard Gaunt and his Heirs for ever In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeably have set dated the day and yeer first above wriâ—ten And the aforesaid Christopher Digges the Father so as afore is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the Monstrans de droiâ— within written specified as the Law requireth being seised Afterwards and before the bringing of the Monstrans de droit within written that is to say from the day of Saint Martin within writen in 15 dayes in the yeer of the Reign of the said Lady the Queen that now is the 14th abovesaid A Fine was levyed in the Court of the said Lady the Queen that now is at Westminster in the County of Middleâ—ex before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards in 8 dayes of Saint Hillary in the yeer of the same Lady the Queen that now is the 14th abovesaid there then granted and recorded before the said Justices and oâ—hers of the Queens faithfull people then and there present between the aforesaid Richard Gaunt Gentleman and Lawrence Applegate plaintiâ—s and the aforesaid Christopher Digges and Martha his Wife deforceants of the Manors Lands Tenements and Hereditaments in the Monstrans de droit within written with the appurtenances amongst other by the names of the Manors of Owtelmestone Mayton Nackington and Yokes Court with the appurtenances and 40 Messuages 20 Tofts one Mil 3 Dovehouses 20 Gardens 12 Orchards 1000 Acres of Land 100 Acres of Meadow 700 Acres of Pasture 600 Acres of Wood 100 Acres of Furze and Heath and 100 shillings of Rent and the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborn Bridge Patricksborne Littleborne Wellborne Sturrey Saint Stephens Nackington Netherherds Lenham Harisham Frinsted Sutton Ripple and Shalden whereupon a plea of Covenant then was summoned between them in the said Court That the aforesaid Christopher Digges and Martha do acknowlege the aforesaid Manors and Rents with the appurtenances to be the Right of the said Richard and those which the said Richard and Lawrence then had of the gift of the aforesaid Christopher and Martha and these then remised and quit claimed from them the said Christopher and Martha their Heirs to the aforesaid Richard and Lawrence and the Heirs of the the said Richard for ever and moreover the said Christopher and Martha then had granted for them Heirs the of the said Christopher that they warrant to the aforesaid Richard and Lawrence and the Heirs of the said Richard the aforesaid Manors Tenements and Rents with the appurtenances against all men for ever and for this Recognition Release Quit claim warranty Fine and Concord the said Richard and Lawrence gave to the aforesaid Christopher and Martha 8 pound Sterling which Fine was levied with proclamations according to the form of the Statute in such case made and provided And further the Jurors say upon their oath aforesaid that the aforesaid Fine in form aforesaid levyed was had and levyed to the uses and intents in the Indenture aforesaid bearing date the 26th day of October in yeer of the Reign of the said Lady the Queen that now is the 14th as abovesaid above specified By colour of which Fine Indenture and Statute aforesaid the aforesaid Christopher Digges the Father was seised of the Manors Tenements and Hereditaments aforesaid with the appurtenances as the Law requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Christopher Digges the Father so as before is said of the Manors and Tenements above written as the Law requireth being seised the said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterwards that is to say the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 14th came into the Court of the said Lady the Queen of her Chancery and then and there acknowleged the Indenture aforesaid bearing date the 20th day of September in the 13th yeer aforesaid to be their deed and upon that the said Indenture afterwards that is to say the 7th day of November in the 14 yeer aforesaid in the said Court of Chancery in due Maner of Record was Inrolled By virtue of which and force of the Statute aforesaid the said Christopher Digges the Father was of the Manors Lands and Tenements within written seised as the same Law requireth and so thereof being seised the said Christo Digges the Father afterwards and before the day of the bringing of the shewing of right within written that is to say the first day of February in the yeer of our Lord 1576 and in the yeer of the Reign of the said Lady the Queen that now is the 19th made his Testament and last Will in writing of which said Testament and last Will the Tenor amongst other followeth in these Words In the Name of God Amen The first day of February in the yeer of our Lord God 1576 and in the 19th yeer of the Reign of our Sovereign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. I Christopher Digges of Saint Gregories without the Walls of the City of Canterbury Esquire Son and Heir of William Digges late of Barham in the County of Kent deceased being sick in body but of good and perfect remembrance thanked be the Almighty God Revoking and making void all other my former wills ordayn and make this my present Testament and last Will in manner and form following That is to say this is the last Will of me the abovesaid Christopher Digges made the day and yeer abovesaid touching the disposition of all my Lands Tenements and Hereditaments in the County of Kent and Canterbury or elsewhere in the Realm of England First touching the thirds and third part of my Land to be due unto the Queens Majesty or any other for Wardship Primer seisin Livery or otherwise my Will and meaning is to leave to descend to Thomas Digges my Son to have and to hold to him and his Heirs for ever All these my Lands and Tenements called or known by the name of Eastendown containing by estimation 10 Acres of Land and all these Lands Tenements Hereditaments which I had by descent after the death of Thomas Digges of Newington next Sittingborn Esquire deceased and if the
c. By virtue of which the aforesaid Gellio Merick and Lindley into the aforesaid Manors with their Appurtenances entred and were thereof seized in their demesn as of Fee and so thereof being seized By their Writing indented made between the aforesaid late Earl of Essex Gellio Merick and Henry Lindley of the one part and Augustine Steward and Michael Corsellis on the other part bearing date the 26th day of Decem. in the yeer of the Rign of the said late Lady Q. Elizabeth the 38th in the Court of Chancery of the aforesaid late Queen at VVestminster aforesaid within 6. Moneths then next following according to the form of the Statute thereof made and provided in due manner of Record inrolled as well in Consideration of the sum 3500. pounds to the aforesaid late Earl of Essex by the aforesaid Augustine Steward and Michael Corsellis paid as for 20. shillings to the said Gellio and Henry by the aforesaid Augustine and Nicholas likewise paid bargained and sold to the aforesaid Augustine and Michael the Manors aforesaid with the Appurtenances To have and to hold to the said Augustine and Michael their Heirs and Assigns for ever By virtue of which Bargain and Sale and Inrollment and by force of a certain Statute in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th Of transferring uses into possession at Westminster aforesaid holden made and provided the aforesaid Augustine and Michael were seized of the Manors aforesaid with the Appurtenances in his Demesn as of Fee And so thereof being seized The said Augustine and Michael in consideration of the sum of 3500. pound to the aforesaid Augustine and Michael by the aforesaid John Hele paid afterwards of the said Manors with the Appurtenances enfeoffed them the said John Hele then Serjant at Law and the aforesaid Warwick He le then Esquire now Knight To have and to hold to the said John and VVarwick and to the Heirs and Assigns of the aforesaid John to the sole and proper use and behoof of the aforesaid John and Warwick and the Heirs and Assignes of the said John Hele for ever By virtue of which Feoffment The aforesaid John Hele and Warwick Hele were and yet are seized of the aforesaid Manors with the Appurtenances that is to say The said John Hele in his Demesn as of Fee and the aforesaid Warwick in his Demesn as of Free hold for the term of his life And the aforesaid John Hele and Warwick Hele further say That afterwards in and by a certain Act of Parliament of the aforesaid late Queen at VVestminster aforesaid the 27th day of October in the yeer of the Reign of the said late Queen Elizabeth the 43th holden made amongst other reciting That whereas the said late Queen from the 8th day of February in the yeer of her Reign the 25th as well for diverse and great sums of Mony as for diverse other several considerations had bargained sold given and granted by diverse her Letters Patents Indentures or other Writings under the great Seal of England sealed or the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster as well to Bodies Politick and Corporate as to diverse and several other Subjects of the said Lady the Queen diverse and several Honors Manors Lands Tenements Rents Reversions Services and other Hereditaments in Fee Simple Fee Tail for Term of Life Lives or Yeers as by the said several Letters Patents Indentures and other Writings are mentioned and declared It was enacted by Authority of the same Parliament To the intent that the said Letters Patents Indentures and other Writings should be of good available and perfect force and effect to all and singular the said late Queens Subjects according to the true intent and effect of the same That as well all and singular Letters Patents Indentures and other Writings sealed under the great Seal of England or under the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster before then made and granted by the aforesaid late Queen for any sum or sums of Mony whatsoever or for or upon any other considerations whatsoever from the aforesaid 8th day of February in the 25th yeer aforesaid as all other Letters Patents then after by the said late Queen to be made for any sum or sums of Mony or other considerations before the last day of the said then present Session of the said Parliament And moreover All other Letters Patents within the space of one yeer then next following to be made by force or according to the true puport or true meaning of a Condition under the great Seal of England then in being for the Sale of the Land of the said late Queen to any Body Politick or Corporate or to any other person or persons whatsoever of any Honors Castles Manors Lordships Granaries Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Leases Courts Liberties Privileges Franchises or of any other Hereditaments with the Appurtenances or of any part or parcel thereof with or under the Great Seal of England or under the Great Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster of whatsoever Kind Nature or Quality they or any of them are or were reputed known or taken with the Appurtenances or any part or parcel thereof should be good perfect and effectual in Law and should stand be taken reputed esteemed and should be adjudged to be good certain perfect available and effectual in the Law against the said late Queen her Heirs and Successors according to the tenor and effect of the aforesaid Letters Patents and Indentures or other Writings and that the same should be expounded construed esteemed and should be adjudged most beneficially for those to whom the aforesaid Letters Patents and Grants thereof so are made the Heirs Assigns Executors Administrators of them according to the words and purport of the said Letters Patents Indentures or other Writings without any Confirmations Licenses or Tollerations of the said late Queen her Heiâ— or Successors any ill naming ill reciting or not reciting of the said Honors Castles Manors Lands Tenements or other the premises or of any part thereof or any defect in finding of Office or Inquisition of and in the premises or any part thereof by which the Title of the said late Lady the Queen of and in the premises ought to be found before the publishing of the aforesaid Letters Patents Indentures or other Writing or any ill reciting or not reciting of Demises thereof made as well of Record as not of Record or any ill reciting or not reciting or not true mentioning in any such Lettets Patents Grants or Writings of the Estate or Estates of the said late Queen of Freehold or Inheritance of and in the premises or any part thereof to which the
is the worse and hath damages c. to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Rowland by William Evering his Attorny cometh and defendeth the force and injury when c. and as to the force and armes saith that he is in nothing thereof guilty And as to the rest of the Trespas aforesaid supposed to be done the said Rowland saith That the aforesaid Arthur his Action thereof against him ought not to have Because he saith That the Close aforesaid as also the place in which it is supposed the Trespasse aforesaid to be done and the time aforesaid in which it is supposed the same Trespasse to be done were 20. Acres of Pasture with their Appurtenances in Stokefaston aforesaid called New-Close and that before the time in which c. One Christopher Corbet Esquire Father of the aforesaid Rowland and Arthur was seized of the Manor of Stokefaston with the Appurtenances in the County aforesaid whereof the aforesaid 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. As also time whereof the Memory of Men is not to the contrary were parcel in his Demesn as of Fee And so thereof being seized The said Christopher before the time in which c. that is to say the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th at Stokefaston aforesaid By a certain Indenture made between him the said Christopher By the name of Christopher Corbet of Stokefaston in the County of Leicester Esquire of the one part and Richard Slade Henry Allin Thomas Hunt and George Noon Gentleman of the other part One part of which sealed with the Seal of the said Christopher the said Rowland brings here in Court whose date is the same day and yeer It is witnessed That the aforesaid Christopher Corbet for and in consideration of Fatherly Love Zeal and Affection which he the said Christopher Corbet bore to the aforesaid Rowland Corbet Eldest Son of the said Christopher and for his Preferment and Advancement and for the Promotion Preferment and Establishment of Living of the said Rowland and the Heirs of his Body lawfully issuing And for and in consideration of Fatherly Love Zeal and Affection which the said Christopher bore to the said Arthur Corbet his other Son and for his Preferment and Advancement of Living And also for and in consideration of the great Love and Affection and Favour which he the said Christopher bore to Francis Corbet Son of Humphry Corbet late of Ratley in the County of Warwick Gentleman deceased his near Cosin and Kinsman and for his Preferment and Advancemement And also for the Establishment Preservation and Continuance of all and singular the Manors Lands Tenements Possessions and Hereditaments whatsoever of him the said Christopher within the Kingdom of England then after in the same Indenture mentioned or contained in the Name and Blood of the aforesaid Christopher and for other good and just causes and considerations him the said Christopher moving By the same Indenture for him and his Heirs Covenanted Granted Condescended and Agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators and to and with every of them in manner and form after in the said Indenture mentioned That is to say That he the said Christo Corbet his Heirs and Assigns And all and every other person or persons their Heirs and Assigns who then stood or were seized or which from hence forth for ever should stand and be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances in the County of Leicester of and in all other Messuages Lands Tenemnets and Hereditaments whatsoever of the aforesaid Christo Corbet in the said County of Leicester of which he the said Christopher Corbet then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence forth afterwards should stand and be seized of and in the aforesaid Manor of Stokefaston and all and singular other the premises with their Appurtenances whatsoever to the uses behoofs intentions or purposes That is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances and other the premises whatsoever with their Appurtenances in the aforesaid County of Leicester unto the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any Waste and after the decease of the said Christopher Corbet Then of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester And of and in all other Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher Corbet whatsoever with all singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher Corbet had any Estate of Inheritance in Fee Simple in possession Reversion or Remainder To the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male to the use of the aforesaid Arthur Corbet the Heirs Males of his Body lawfully begotten for default of such issue male then to the use of the aforesaid Francis Corbet Son of the aforesaid Humph. Corbet deceased the Heirs Males of the Body of the aforesaid Francis lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the said Arthur lawfully begotten and for default of such Heirs Then to the use and behoof of the Right Heirs of the said Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th Of transferring of uses into possession holden made and provided The aforesaid Christopher Corbet was seized of the aforesaid Manor of Stokefaston with the Appurtenances amongst other things in his Demesn as of Free hold for the term of his life the Remanider thereof in form aforesaid expectant And the said Christopher so thereof being seized The said Christopher afterwards and before the aforesaid time in which c. that is to say the last day of May in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to
say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid And the aforesaid Arthur Corbet claiming the Manor aforesaid with the Appurtenances whereof c. of a certain deed of Demise to him thereof made for the term of his life by the aforesaid Christopher the Father long before the making of the Indenture aforesaid between the aforesaid Christopher and the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon whereas nothing of the Manor aforesaid with their Appurtenances whereof c. in possession of the said Authur by that deed ever passessed into the aforesaid 20. Acres of Pasture with the Appurtenances in which c. before the aforesaid time in which c. entred and was thereof possessed upon whose possession thereof of the said Arthur the said Rowland afterwards that is to say the aforesaid time in which c. into the said 20. Acres of Pasture with the Appurtenances re-entred and the Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances broke and the grasse there then growing with his Cattel aforesaid did eat tread and consume as it was lawful for him to do And this he is ready to aver Wherupon he demandeth Judgement if the aforesaid Arthur his Action aforesaid against him ought to have Because he saith That well and true it is That the aforesaid Christopher was seized of the aforesaid Mannor of Stokefaston aforesaid with the Appurtenances whereof the said 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. as also from the whole time aforesaid were parcel in his Demesn as of Fee And so thereof being seized the aforesaid 12. day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid by the said his Indenture for the causes and considerations abovesaid in the said Indenture specified for him and his Heirs covenanted granted condescended and agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators to and with every of them in manner and form in the said Indenture mentioned that is to say That the said Christopher Corbet his Heirs and Assigns and all and every other person and persons their Heirs and Assigns which then stood and were seized or from then after should stand or be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all the aforesaid other Messuages Lands Tenements and Hereditaments whatsoever of the aforesaid Christopher Corbet in the said County of Leicester of which the said Christopher Corbet then had any estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence after should stand and be seized of and in the aforesaid Manor of Stokefaston and all the aforesaid other premises with their Appurtenances whatsoever to the aforesaid uses behoofâ— intentions and purposes and upon and under those Provisions Limitations and Conditions in such manner and form as afterwards in the said Indenture are named limited mentioned or should be directed and unto none other use uses behoofs intents or purposes that is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester To the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any manner of Waste and after the decease of the said Christopher Corbet of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all other the aforesaid Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher whatsoever with all and singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder to the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue to the use of the aforesaid Arthur Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male Then to the use of the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased and the Heirs Males of the Body of the said Francis lawfully begotten and for default of such Heir then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heir to the use of the Heirs of the Body of the aforesaid Arthur Corbet lawfully begotten and for default of such Heir to the use behoof of the Right Heirs of the aforesaid Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also by force of the Act aforesaid of transferring of uses into possession the aforesaid Christopher was seized of the aforesaid Manor of Stokefaston with the Appurtenances whereof c. amongst other things in his Demesn as of Free Hold for the term of his Life the Remainder thereof in form aforesaid expectant And the said Christopher being thereof so seized The said Christopher afterwards and before the time in which c. that is to say the aforesaid last day of May in the yeer of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid as the aforesaid Rowland above hath alleged But the said Arthur further saith That by the Indenture aforesaid It was Conditioned Covenanted granted and agreed by and between the parties aforesaid to the said Indenture That if when and so often as the aforesaid Rowland Corbet or any the Heir Males of his Body begotten or to be begotten Or the aforesaid Arthur Corbet or any the Heirs Males of his Body lawfully begotten or to be begotten Or the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased or any the Heirs Males of his Body lawfully begotten or to be begotten should be fully and finally resolved and determined and advisedly determinatly and effectually devised concluded and agreed or should enter into any Communication Promise and Covenant whatsoever or advisedly and effectually should attempt procure go about or should assent to or for any Act or Acts thing or things for or concerning any Bargain Sale Discontinuance Alienâ—tion Conveiance or Assurance to be had and made of any of the aforesaid Manors lands Tenements and Hereditaments intailed or intended or mentioned to be intailed or of any of them or of any part or parcel of them whereby
assembled That the said late King should have hold possess and enjoy to Him his Heirs and Successors all and singular such late Monasteries Abbies Priories Nunneries Colledges Houses of Fryers and other Ecclesiastical and Religious Houses and places of what kinds natures qualities or diversities of Habits Rules Professions or Orders they or any of them were named known or called which after the fourth day of February in the year of the Reign of the aforesaid late King the 27th were dissolved suppressed renounced relinquished forfeited given up or by any other means came to his Highnese and by the same Authority and in like manner should have hold possess and enjoy all Scites Circuits Precinctts Mannors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories Appropriated Vicaridges Churches Chapels Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Commons Leets Courts Liberties Priviledges Franchises and other whatsoever Hereditaments which appertained or belonged to the said late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryers and other Religious and Ecclesiastical Houses and Places at the time of the aforesaid dissolution suppressing renouncing forfeiting giving up or by any other manner of means came to the said Kings Highnesse after the 4th day of February above mentioned And further it is Enacted by the Authority aforesaid That not only all the singular the aforesaid late Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places Scites Circuits Precincts Manors Lordships Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services and all the singular other the premises from thence immediatly and presently but also all other Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and all and singular other Ecclesiastical and Religious Houses which hereafter should happen to be dissolved suppressed renounced relinquished forfeited given up or by any other means came to the Kings Highnesse And also all Scites Circuits Precincts Manors Grainges Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Tithes Pensions Portions Rectories approprate Viccarages Churches Chapels Advowsons Nominations Patronages Hundreds Rights Interests Entries Conditions Leets Courts Liberties Privileges Franchises and other Hereditaments whatsoever were belonging or appertaining to them or any of them whersoever and as soon as they should be dissolved suppressed renounced relinquished forfeited given up or by any other means come to the Kings Highnesse should be vested and adjudged by Authority of the same Parliament in the very actual and real seisin and possession of the said late King his Heirs and Successors for ever in state and condition as then they were And as if all the said Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses so dissolved suppressed renounced relinquished forfeited given up or came to the Kings Highnesse as aforesaid as also the aforesaid Monasteries Abbathies Priories Nunneries Colledges Hospitals Houses of Fryars and other Religious and Ecclesiastical Houses and Places which then after should happen to be dissolved suppressed renounced relinquished or given up to his said Highnesse Scites Circuits Precincts Manors Lordships Grainges and other the premises whatsoever in the said Act of Parliament specially or particularly recited or expressed by expresse Names Words Faculties and in their Natures Kinds Qualities as in the said Act amongst other things more fully it appeareth And the said Jurors further say upon their Oath aforesaid That the aforesaid Monastery or Priory of Bolton aforesaid after the aforesaid 4th day of February in the 27th yeer aforesaid that is to say the 11th day of June in the yeer of the Reign of the said late King the 31th aforesaid was dissolved By Colour of which Dissolution and by force of the Statute aforesaid That aforesaid late King was seized of the aforesaid Monastery or Priory of Bolton aforesaid and of the Reversion of the aforesaid 4. acres of Land with the Appurtenances amongst other things in his Demesn as of Fee in the Right of his Crown of England And that the aforesaid Messuage and Tenement called Vngthorp and the aforesaid 4. acres of Lands with the Appurtenances in which c. At the time of the Dissolution aforesaid were parcel of the possessions of the aforesaid Monastery or Priory And the said late King so thereof being seized the 3d. day of April in the 33th yeer of his Reign By his Letters Patents sealed with the Great Seal of England to the Jurors aforesaid shewed in Evidence Gave and Granted unto Henry late Earl of Comberland all the aforesaid Tenement Messuage and Farm with the Appurtenances called Vngthorp whereof the within written 4. acres with the Appurtenances adjoyning were and yet are parcel To have and to hold to the said late Earl his Heirs and Assigns for ever By Colour of which Letters Patents The said late Earl was amongst other things seized of the Reversion of the aforesaid Tenement Messuage and Farm with the Appurtenances whereof the aforesaid 4. acres of Lands with the Appurtenances in which c. then were and yet are parcel in his Demesn as of Fee And the aforesaid Hugh and Agnes for the aforesaid Term of yeers in form aforesaid being possessed the Reversion thereof to the aforesaid Earl his Heirs expectant the aforesaid Hugh dyed of the aforesaid 4. acres of Land with the Appurtenances in which c. in form aforesaid possessed And the aforesaid Agnes overlived him the said Hugh and was of the aforesaid 4. acres of Land with the Appurtenances in which c. possessed by way of Survivor c. And the aforesaid Agnes so being thereof possessed the Reversion thereof to the late Earl in form aforesaid expectant The said late Earl made sealed and delivered a certain Indenture as his deed of the aforesaid 4. acres of Land with the Appurtenances in which c. amongst other things The Tenor of which followeth in these words This Indenture made the 10th day of September in the yeer of the our Lord God 1545. and in the seven and thirtieth yeer of the Reign of our Sovereign Lord Henry by the Grace of God King of Eng. France and Ire defender of the faith c. in the earth the supream Head of the Church of Engl. Ire Between the Right Noble Lord Henry Earl of Comberland Lord of the Honour of Shipton Lord of Westmerland and Vestion of the one part And Agnes Baldwin or Vngthorp Widow and Anthony Baldwin of the other part Witnesseth That the same Earl for the sum of 58. pound 13. shillings and 4. pence Sterling at the day of the Date hereof by the said Agnes and Anthony paid to the said Earl whereof the said Earl acknowledgeth himself to be truly contented and paid and the said Agnes and Anthony their Heirs and Executors thereof and of every part thereof to be discharged and acquitted for ever Hath Covenanted Granted and to Farm Letten and
by these presents covenanteth granteth demiseth and letteth to Farm to the said Agnes and Anthony and to the Heirs of the same Anthony The said Tenement Mese or Farm called Vngthorp in the Parish of Marton in Craven in the County of York together with the Closures Feedings Pastures arable Lands Meadows Woods Waters Common of Pasture in the Moors of East and West Marton Common of Turbury with free passage to and fro the same Common of Easton to a Ground or Meadow called Tadholm lying in the demesn Closes of Marton Hall and all Houses Barns Boons and Buildings to the same Tenement or Farm called Vngthorp belonging or in any wise heretofore appertaining now and of old time being of the only yeerly Rent of 53. shillings and 4. pence To have and to hold the same Tenement or Farm called Vngthorp with all singular the premises with the Appurtenances to the same Agnes and Anthony and to the Heirs of the same Anthony from the date hereof to the end and Term of 99. yeers next and immediately following and fully to be compleat and ended and so from 99. yeers to 99. yeers until such time as 300. yeers be spent fully finished and expired without impeachment of any manner of Waste in and as ample free and large manner as ever Nicholas Simson Hugh Baldwin and the said Agnes Baldwin or any other Tenant or Farmer of the said Tenant or Mease of Vngthorp with all the singular the premises with the Appurtenances ever occupied or might have occupied the same without interruption let disturbance denial contradiction or resistance of the same Earl or of his Heirs and Assigns or of any other Officer Farmer or Farmers of the same Earls of the Manor or Capital Mese called Marton Hall for the time being or of any other at or by Will Assent Consent or furtherance of the same Earl his Heirs and Assigns And further the said Agnes and Anthony Covenanteth and Granteth by these presents for them and the Heirs of the said Anthony to and with the same Earl that they the same Agnes and Anthony and the Heirs of the same Anthony shall yeerly during the said Term at the Feast of Saint Michael the Archangel and within 40. dayes after for certain urgent considerations content and pay or cause to be contented and paid to the said Earl his Heirs and Assigns as well a Penny separately by it self as 5. shillings 4. pence Sterling in a grosse and intire sum if it be asked for the which payment of the said single Penny and of the said 5. shil 4. pence The said Earl covenanteth granteth for him his Heirs Assigns to and with the said Agnes and Anthony to discharge save harmless from time to time all the said Land and Tenements And the said Agnes and Anthony and the Heirs of the same Anthony as well of and from the payment of the said penny as for the payment of the sum of 4. shillings 4. pence as of all other Sutes Exactions Boons Gressions Fines Customs and all other Impositions or Demands whatsoever they be concerning the same Messuage or Tenement called Vngthorp and all other the premises with the Appurtenances during the said Term now granted or any time hereafter by force of this Indenture to be granted by the Earl and his Heirs as well against our Sovereign Lord the King and his Heirs as against all other person or persons whatsoever they be And further the said Earl covenanteth to and with the said Agnes and Anthony by these presents That the said Earl his Heirs and Assigns shall at the end and Term of 300 yeers make or cause to be made to the Heirs or Assigns of the said Anthony a like Demise and Lease of the said Messuage or Tenement and all other the premises with the Appurtenances if it be asked for so many more yeers as is contained in this Lease And the same Lease to be of like force effect and strength in the Law as this present is without any Covin Fraud Collusion Denyer or male Engine but truly and faithfully according to the true puport and meaning of these presents In witnesse whereof the parties abovesaid to these Indentures interchangeably have set their Seals the day and yeer abovesaid And the said Jurors further say upon their Oath That no licence or seisin of the Tenements aforesaid or any part thereof was delivered to the aforesaid Agnes Anthony or to any of them upon the Indenture aforesaid And that the aforesaid Agnes and Anthony had held the Tenement Mese and Farm aforesaid with the Appurtenances whereof the aforesaid 4. acres with the Appurtenances in which c. are and then were parcel as the Law in this case requireth And the said Agnes and Anthony so having and holding the Tenement Messuage and Farm aforesaid with the Appurtenances whereof the 4. acres in which c. are and then were parcel the said Agnes the last day of October in the yeer of the Reign of the said Lady the Queen that now is the 5th at Marton aforesaid in the County aforesaid dyed And the aforesaid Anthony her overlived and continued the possession of the Tenements Messuage and farm aforesaid with the Appurtenances whereof the aforesaid 4. acres of Land with the Appurtenances in which c. are parcel and took the profits thereof and had occupied and held the Tenement Messuage and Farm aforesaid whereof the aforesaid 4. acres of Land with the Appurtenances in which c. with the Appurtenances are parcel of such estate and interest as the Law in this case requireth And he having occupying and holding the Tenement Messuage and Farm aforesaid whereof the within written 4. acres of Land are parcel The aforesaid Henry late Earl of Cumberland dyed having issue George now Earl of Cumberland his Son and Heir And the said George Earl of Cumberland entred into the Tenements aforesaid And afterwards that is to say the 17th day of April in the yeer of the Reign of the said Lady the Queen that now is the 24th enfeoffed the aforesaid Christopher Marton of the aforesaid 4. acres of Land with the Appurtenances To have to the said Christopher and his Heirs for ever And that the aforesaid Anthony at the time of the making of the Feoffment aforesaid and after that Feoffment made hitherto continued possession as well of the aforesaid 4. acres of Land with the Appurtenances as of the Messuage and rest of the Tenements and Farm aforesaid But yet the Jurors further say That before the Feoffment aforesaid the aforesaid Rent to the aforesaid Henry late Earl of Cumberland and his Heirs by the Indenture aforesaid granted as well to the aforesaid Henry Earl of Cumberland in his life and after the death of him the said late Earl to the aforesaid George now Earl of Cumberland as to the aforesaid Christopher Marton after the Feoffment aforesaid by the aforesaid Anthony was paid And the said Jurors further say upon their Oath
Jurors aforesaid in Evidence shewed bearing date the same day and year For and in consideration of 13000. pound of good and lawful Mony of England by the said Thomas Sutton to the aforesaid Thomas Earl of Suffolk in Hand payed Bargained and Sold All and singular the premises with the Appurtenances being called The late dissolved Charter-House besides Smithfield in the said County of Middlesex whereof c. to the said Thomas Sutton To have and to hold to him and his Heirs for ever to the only use and behoof of the said Thomas his Heirs and Assigns for ever The Tenor of which Indenture followeth in these words This Indenture made the 9th day of May in the 9th year of the Reign of our Soveraign Lord JAMES by the Grace of God King of England France and Ireland defender of the Faith c. and of Scotland the 44th Between the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the Kings Majesties most Honourable Houshold The Right Honourable Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk The Right Honourable Thomas Earl of Arundel and Surrey and the Right Honourable William Lord Howard of Naward in the County of Cumberland of the one part and Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part Witnesseth That the said Right Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and William Lord Howard for and in consideration of the sum of 13000. p. of good and lawful Mony of England to the said Thomas Earl of Suffolk in Hand paid before the ensealing and delivery of these presents by the said Thomas Sutton well and truly satisfied contented and paid whereof and wherewith they and every of them acknowledge themselves fully satisfied contented and paid and thereof and every part and parcel thereof do clearly acquit exonerate and discharge the said Thomas Sutton his Heirs Executors and Administators and every of them by these presents Have granted Aliened Bargained Sold Conveied and Confirmed And by these presents do for them and their Heirs fully clearly and absolutely grant alien bargain fell convey and confirm unto the said Thomas Sutton his Heirs and Assigns for ever All that Capital Messuage or Mansion-house commonly called or known by the name of Howard House otherwise called The late dissolved Charter-Houso besides Smithfied situate and being within the County of Middles with all and singular the Rights Members and Appurtenances thereunto belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and all that parcel of Land and Ground with the Appurtenances commonly called Pardon Church yard And all those two Messuages or Tenement and two Closes of Land and Ground with the Appurtenances thereunto adjoyning commonly called Welbech situate lying and being in the said County of Middlesex And also all and singular Messuages Houses Edifices Buildings Barns Stables Dove-houses Courts Folds Curtilags Yards Orchards Gardens Shops Sellars Sollers Closes Inclosures Waste Grounds Tithes Oblations Obventions Fruits Profits Alterages Wayes Waters Rents Reversions Services Waises Strayes Goods of Felons Outlaws and Fugitives and all other Franchises Liberties Priviledges Jurisdictions Profits Emoluments Commodities Hereditaments and Appurtenances whatsoever by what name or names soever they be called or known to the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises and in every or any of them lying belonging or in any wise appertaining or to or with the same every or any of them usually held occupied or enjoyed or accepted or reputed taken known demised used or letten as part parcel or Member of them or any of them and also the Reversion and Reversions Remainder and Remainders whatsoever of all and singular the premises with the Appurtenances And all Rents and yeerly Profits whatsoever reserved upon any Demise Lease Estate or Grant Demises Leases Estates or Grants heretofore made or granted of the before mentioned premises or any part or parcel thereof And also all the Estate Right Title Interest Use Possession Reversion Remainder Claim and Demand whatsoever of them the said Thomas Earl of Suffolk Theophilus Lord Howard Thomas earl of Arundel and Surrey and of William Lord Howard and of every of them of in or into the said Capital Messuage or Mansion-house called Howard House or the late dissolved Charter-House besides Smith-field and other the before mentioned premises or of in or to every or any part or parcel hereof And further the said Right Honourable Thomas Earl of Suffolk Theophilus Lord Howard Thomas Earl of Arundel and Surrey and VVilliam Lord Howard for the considerations aforesaid Have Granted Bargained Sold and by these presents do grant bargain and sell unto the said Thomas Sutton his Heirs and Assigns for ever All and every the Deeds Charters Evidences Writings Counterpains of Lease and Leases Indentures Exemplifications Letters Patents Transcrips of Fines and Recoveries Terrers Court Rolls Surveis Presentments Boundaries Escripts and Minuments whatsoever touching or in any wise only concerning the said Capital Messuage or Mansion-house called Howard H. or the late dissolved Charter-H besides Smith-f To have to hold the said Houses Buildings Orchards Gardens Closes Inclosures Tenements Hereditaments and all other the premises before or in or by these presents bargained and sold or mentioned intended or meant to be bargained and sold and every part and parcel thereof with their Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever to the sole only and proper use and behoof of him the said Thomas his Heirs and Assigns for ever more absolutely without any manner of Condition Redemption or Revovation in any wise And the said Thomas Earl of Suffolk his Heirs and the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises with all their and every of their Appurtenances and every part and parcel thereof unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Suffolk and his Heirs and all and every other person or persons claiming by from or under him shall and will warrant and for ever more defend by these presents And the said Theophilus Lord Howard his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part thereof with the apputenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Theophilus Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for evermore defend by these presents And the said Thomas Earl of Arundel and Surrey and his Heirs the said Capital Messuage or Mansion-house called Howard House
said County of Wilts with all his Rights Members and Appurtenances in the said County of Wilts And also all those Manors of Wescote otherwise Wescote with the Appurtenances in the said County of Wilts And also all those his Lands and Pastures containing by estimation 100. Acres of Land and 60. Acres of Pasture with the Appurtenances in Wiglescate and Wroughton in the said County of Wilts And all that his Manor of Vsscote with the Appurtenances in the said County of Wilts And also all those his two Messuages 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or in either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge and all singular the Rights Members Appurtenances thereof whatsoever And also all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all singular the Manors Lordships Messuages Lands Tenements Reversions and Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of the said Thomas Sutton wheresoever situate lying and being within the said County of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and every their Rights Members and Appurtenances whatsoever or and such and so many and such part of the said Manors Advowsons Tenements and Hereditaments or of any part thereof as the said Thomas Sutton shall think meet And also all Letters Patents Indentures Deeds Evidences Bonds and Writings concerning the premises or any of them which shall be so given and granted by the said Thomas Sutton to the said Governours and their Successors and all such Conditions Warrants Vouchers Actions Sutes Entries Benefits and demands as shall be or may be had by any person or persons or by reason of them or any of them except all his Manor and Lordship of Littelbury and Haddestock with the Appurtenances in the said County of Essex aforesaid or in either of them though the premises or any of them be holden of us immediately in Chief or by Knights service or otherwise howsoever and without any license or pardon for Alienation of them or any of them the Statute of Mortmain or any other Act Statute Ordinance or Provision whatsoever to the contrary notwithstanding And our further Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and strictly charge and command That whatsoever and as often as any of the Churches Parsonages Viccarages Chapels or other spiritual livings the Advowsons Patronages and Donations whereof are hereby meant or mentioned to be licensed to be given by the said Thomas Sutton to the said Governours and their Successors for and towards the maintainance of the said godly and charitable use shall happen to become void or presentative or presentable or to be given or collated unto by the Death Resignation or Deprivation of any Incumbent or Incumbents of them or any of them or by any other means howsoever That then and so often the said Governours for the time being or their Successors or the greater part of them or the time being shall present prefer and collate thereunto such meet and sufficient persons as they shall think fit Nevertheless our full meaning and direction is in this and so we do by these presents for us our Heirs and successors ordayn and declare that such and so many of the Scholars which shall from time be brought up and taught in the said Hospital and every of them as shall after be fully qualified and become meet to take upon them or any them the charge of the said Churches Parsonages Viccarages Chapels or other spiritual livings aforesaid shall as near as may be from time time be by the said Governours and their Successors presented preferred and collated thereunto before any other person or persons whatsoever avoiding as much as may be the giving of more Benefices than one to any one Incumbent And to the end that all supition of indirect dealing which might hereafter be used or put in practise by the aforesaid Governours or their Successors or any of them contrary to the true intent and meaning of these presents may be prevented and taken away Our Will and Pleasure is And we do by these presents for us our Heirs and Successors ordain and streightly command and charge That the Manors Lands Tenements and Hereditaments and other the premises which at any time hereafter shall be given granted or conveied for the maintainance of the said godly and charitable uses before in these presents mentioned in or any part or parcel of them or of any of them shall at any time hereafter be leased demised granted or conveied to them the said Governours or their Successors or to any of them or to any other person or persons whatsoever for or to the use benefit and behoof of the said Governours or of their Successors or any of them although expresse mention of the clear yeerly value and certainty of the premises or of any them or of any other gifts or grants by us or any of our Progenitors or Predecessors to the said Thomas Sutton heretofore made is not made or any Statute Act Ordinance Provision Proclamation or Restraint to the contrary notwithstanding In Witnesse whereof we have caused these our Letters to be made Patents Witnesse our self at Westminster the 22th day of June in the 9th yeer of our Reign of England France and Ireland and of Scotland the 44th as by the said Letters Patents more fully appeareth And further the said Jurors say upon their Oath aforesaid That the said Thomas Smith of all and singular the premises aforesaid with the Appurtenances in form aforesaid being seized The said Thomas Sutton afterwards and before the aforesaid time in which c. That is to say the 30th day of October iin the yeer of the Reign of the Lord JAMES that now is of England the 9th abovesaid made a certain Writing sealed with his Seal bearing date the same day and yeer and to the Jurors aforesaid shewed in Evidence to one John Hutton Clerk The Tenor of which Writing followeth in these words To All to whom this present shall come Thomas Sutton of Balsham in the County of Cambridge Esquire sendeth Greeting Whereas it pleased the Kings most Excellent Majesty that now is by his Highnesse Letters Patents bearing date at Westminster
c. in Gosfield aforesaid entred and was thereof seised in his Demesn as of Freehold for the Term of his life And the said Thomas Lawrence and Marcy further say That at the time of the death of the aforesaid Thomas Nash sometimes Husband c. the aforesaid Zachary was within the Age of 21. yeers that is to say of three yeers by which the said Marcy whilest she was single as Guardian and for nurture of the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid entred and was thereof possessed the aforesaid Thomas Nash the Son of the Tenements aforesaid with the Appurtenances in Wetherfiald aforesaid being seised and that the said Zachary of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid in form aforesaid being seised And the said Marcy in form aforesaid being possessed Afterwards and before the making of the aforesaid Writing of Release here in Court brought at Gosfield aforesaid It was concluded and agreed between the said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower happening to her after the death of the aforesaid Thomas Nash sometimes the husband c. in all Lands and Tenements of the said Thomas in Wetherfield aforesaid And that the said Thomas Nash the Son should enfeoff John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten and the said Thomas Lawrance and Marcy farther say that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid in the form aforesaid being seised and the aforesaid Marcy of the Tenements with the appurtenances whereof c. in Gosfield aforesaid being possessed the said Marcy afterwards that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th abovesaid whilest she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered And the aforesaid Thomas Nash the Son the 28th day of April in the year of the Reign of the said late Queen the 35 th aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten and this they are ready to aver whereupon they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to be adjudged to the said Thomas Lawrance in manner and form aforesaid and that the matters above in the replication aforesaid are not sufficient in Law them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof c. against the said Edward and Margaret to have and maintain and that they need not nor by the Law of the Land are bound to answer and this they are ready to aver wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part the said Edward and Margaret as at first demand Judgement And that the said Thomas Lawrence and Marcy from the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. against them to have be barred And the said Thomas and Marcy for as much as they sufficient matter in Law the said Thomas and Marcy to have and maintain their Action aforesaid against the said Edward and Margaret above by Replication have alleged which they are ready to aver Which matter the said Edward and Margaret do not deny nor to the same any wayes Answer but the Averment aforesaid altogether Refuse to admit as before demand Judgement and seisin of the third part aforesaid to be adjudged unto them And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear their Judgement thereof because the said Justices here thereof not yet c. Debt Ester Term 26. of Queen Elizabeth Rott 1608. RIchard Mauser late of London yeoman otherwise called Richard Mauser of Gillingham in the County of Kent Yeoman was summoned to Answer to William Painter Esq of a Plea that he render to him 40. pound whicb he oweth him and unjustly deteineth c. And whereupon the said William by Thomas Antrobas his Attorney saith That the said Richard the 6th day of April in the year of the Reign of the Lady the Queen that now is the 12th at London in the Parish of the blessed Mary of Bow in the Ward of Cheap by a certain writing Obligatory granted himself to be bounden to the said William in the said 40. pound to be paid to the said William in the Feast of the Ascension of our Lord then next following Yet the aforesaid Richard although often required the aforesaid 40 pound to the said William hath not yet rendred but the same to him hitherto hath denyed and yet doth deny whereupon he saith he is the worse And hath damage to the value of 10. pound and thereof he bringeth sute And he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie the date of which is the day and year aforesaid c. And the said Richard by John Cook his Attorney cometh and defendeth the force and injury when c. And prayeth the hearing of the writing aforesaid and it is read unto him in these words The Condition of this Obligation is such That whereas the within bounden Richard Mauser and John Mouser his Son by their deed of â—eoffment bearing date the date of this Obligation have given granted and confirmed unto the within named William Paynter and his Heirs all that parcel of wood-Wood-land called South-wood conteining by estimation 10. Acres be it more or lesse lying together in the Parish of Gillingham within said and Bedherst in the County within said to the Lands of one Thomas Remsby towards the East West and North and to the Kings way towards the South as the same do more at large it appear If the said William Paynter and his Heirs shall and may at all times hereafter have hold and injoy all the aforesaid parcell of wood-Wood-land with the appurtenances and charged or saved harmlesse of and from all and every former Bargain Sale Gift Grant Lease Right Copihold Dower Rent Charge and all other things and incumbrances whatsoever had made or suffered to be done by the said Richard Mauser or his Heirs or Assignes and also if
to say the 10 th day of June in the year of the Reign of the Queen that now is the 28 tâ— came into Court the said William Paynter by the aforesaid Thomas Antrobas his Attorney by a special Warrant to him made in this behalf and acknowledged That he is satisfied of the debt and damages aforesaid Therefore the said Richard of the debt and those damages be acquitted c. Trinity 27o. Eliz. Rott 1354. in the Common Pleas. Wisemans Case Co. 1. part Fol. 1. a. AT another time as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is the 27 th Rott 1056. it is conteined thus Essex ss Richard Bernard of great Braxsted in the County aforesaid Yeoman was summoned to Answer to Iohn Wiseman of a Plea that he render to him 18. pound which he oweth him and unjustly deteineth c. And whereupon the said Iohn by Apollo Playne his Attorney saith That whereas one Thomas Wiseman was seised of and in the Island of Osee with the appurtenances in great Totham in the County aforesaid in his demesn as of Fee and so thereof being seised The said Island with the appurtenances held of the Lady the Queen â—hat now is as of her Manor of East Greenwich in the County of Kent in free Socage that is to say by Fealty only The said Thomas so thereof being seised the 15 th day of October in the year of the Reign of the Queen that now is the 19 th at Great Totham aforesaid demised the one moyety of the said Island to the aforesaid Richard To have and hold the said moyety with the appurtenances to the said Richard from the feast of St. Michael the Archangel then last past untill the end and Term of 21. years from thence next following fully to be compleated Yielding and paying therfore yearly to the aforesaid Thomas his Heirs and Assigns 36. pound of Lawful Money of England at two Terms of the year That is to say at the Feast of the Nativity of Saint Iohn the Baptist and the Birth of our Lord by equal portions to be paid By virtue of which demise the aforesaid Richard in the moyety aforesaid with the appurtenances did enter and was and yet is thereof possessed and so being thereof possessed and the said Thomas of the reversion of the said moyety as of Fee and Right and of the other moyety of the Island aforesaid being seised in his demesn as of Fee the said Thomas had issue William his Son and Heir apparent and the said William had issue John his Son and Heiâ— apparent and afterwards the said William at Great Totham aforesaid dyed and the aforesaid Thomas of the Reversion of the one Moyety of the Island aforesaid of the othâ—r Moyety of the said Island with the appurtenances in form foresaid being seised The said Thomas so thereof seised the 20th day of November in the 23th year of the Reign of the Queen that now is at Great Totham aforesaid made his Testament and last Will in writing and by the same willed and bequeathed to one Thomas Wiseman his Son the said Reversion of the aforesaid Moyety of the Island aforesaid and the other Moyty of the said Island To have to him and the Heirs males of his body lawfully begotten and for default of such issue the remainder to the right Heirs of the said Thomas Wiseman the Father for ever And afterwards The said Thomas Wiseman the Father at Great Totham aforesaid dyed of such Estates of the aforesaid reversion of the one Moyety of the Island aforesaid and of and in the aforesaid other Moyety of the said Island with the appurtenances seised After whose death the aforesaid Thomas Wiseman the Son into one Moyety of the Island aforesaid entred and was thereof seised in his demesn as of Fee-tail and seised of the aforesaid Reversion of the other Moyety of the said Island as of Fee-tail that is to say to him and the Heirs males of his body lawfully begotten the reversion thereof to the said John as Cosin and Heir of the said Thomas Wiseman the Father belonging that is to say as Son and Heir of William Wiseman deceased Son and Heir of Thomas Wiseman the Father And the aforesaid Thomas Wiseman the Son so thereof being seised and the said John Cosin and Heir of the aforesaid Thomas the Father of the Reversiâ—n thereof as of Fee and Right being seised The said John the 16th day of May in the year of the Reign of the Queen that now is the 24 th at great Totham aforesaid By his Indenture baring date the same day year made between him the said John VViseman by the name of John VViseman of the Inner Temple London Gent. Cosin and next Heir of Thomas VViseman late of Norhead within the Parish of Muchwaltham in the County of Essex Esq deceased of the one party and Anthony Everard John Mead and John Sorrel by the name of Anthony Everard of the Inner Temple London Gent. Iohn Meade of Great Easton in the County of Essex Gent. and Iohn Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party and in the Court of the said Lady the Queen that now is of Pleas holden before the Queen her self within 6 Moneths then next following according to the form of the Statute in such case late had and provided in due manner of Record enrolled and of which one part with the seals of the said Anthony Iohn Meade and Iohn Sorrel Sealed the said Iohn VViseman here in Court brings whose date is the said 6 th day of May in the 24 th yeer aforesaid testifying That the aforesaid Thomas VViseman as well in consideration and to the intent That all and all manner the Manors Messuages Lands Tenements and Hereditaments with all and singular their appurtenances should and might for ever after continue remain and be at the will and good pleasure of God in the Stock Name or Bloud of the said Iohn VViseman as for divers other good causes and considerations him the said Iohn VViseman then especially moving had Covenanted and Granted for himself his Heirs Executors Administrators and Assigns To and with the said Anthony Everard Iohn Meade and Iohn Sorrel their Heirs Executors and Administrators and the Heirs Executors and Administrators of every of them by the said Indenture That he the said Iohn VViseman his Heirs and Assigns should and would immediatly from henceforth stand and be seised of and in the Reversion and Reversions Remainder and Remainders of all and singular the Manors Lands Tenements and Hereditaments before mentioned To the use of the said Iohn VViseman and the Heirs males of his body lawfully to be begotten and for default of such issue To the use of VVilliam VViseman Brother of the said Iohn VViseman lawfully begotten and for default of such issue To the use of Thomas VViseman another Brother of the said Iohn VViseman and the Heirs males of the body
seised of the Mannor of Nether Melcum otherwise Binghams Melcum aforesaid with the appurtenances whereof c. that is to say to the said Robert and Jane and the heirs of the aforesaid Robert for ever And the said Jurors farther say upon their Oath aforesaid that the said Robert Bingham the Elder then was seised in his Demesn as of Fee of and in the Mannor Lands and Tenements called Melcum Binghams situate in Tollor Porcoram in the said County of Dorset and the said Robert so of the Mannor and the said Tenements and of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. being seised A Fine was Levyed in the Court of the said Lady the Queen that now is at Westminster aforesaid before the within written time in which c. that is to say in the morrow of the holy Trinity in the year of the Reign of the said Lady the Queen that now is the 20th before Iames Dyer Roger Manwood and Robert Mounson and Thomas Mead then Justices of the said Lady the Queen of the Bench and other of the said Lady the Queens faithfull people then present Between Richard Rogers Knight Nicholas Furbervile and John Williams Esquires then plaintifs and the aforesaid Robert Bingham the Elder Esquire then deforceant of the said Mannor of Nether Melcum otherwise Melcum Binghams whereof c. and of the said Mannor of Melcum Binghams with the appurtenances by the names of the Mannor of Melcam Bingham and Melcum Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Lands 300 Acres of Meadow 50 Acres of Pasture 20 Acres of Wood and 1000 Acres of Furz and Heath with the appurtenances in Neither Melcam Toller Porcoram Magouder and Haselberry Brion in the County of Dorset and of 3 Messuages 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres Pasture 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Geffery Bardchalk Alderbery East Grimsted and West Grimsted in the County of Wilts whereupon a plea of Covenant was summoned between them in the said Court That is to say that the said Robert Bingham the Elder acknowleged the said Mannors and Tenements with the appurtenances to be the right of the said Richard Rogers as those which the said Richard Rogers Nicholas Turbervile and John Williams had of the gift of the said Robert Bingham and released and quit claymed from him and his heirs to the said Richard Rogers Nicholas Turbervile and John williams and the heirs of the said Richard Rogers for ever And further the said Robert Bingham granted for him and his heirs that the warrant to the aforesaid Richard Rogers Nicholas Turbervile and John Williams and to the heirs of the said Richard Robers the aforesaid Mannors and Tenements with the appurtenances against the said Roqert Bingham and his heirs for ever the Tenor of which fine followeth in these words This is the final Concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Eliz by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 20th before James Dyer Roger Manwood Robert Mounson and Thomas Meade Justices and other of the Lady the Queens faithfull people then and there present between Richard Rogers Knight Nicholas Turburvile Esquire and Iohn Williams Esquire Complaiâ—ants and Rober Bingham the elder Esquire deforceant of the Mannors of Melcam Bingham and Wolcomb Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Land 300 Acres of Meadow 50 Acres of pasture 20 Acres of wood and 1000 Acres of Furz and Heath with the appurtenances in Nether Melcum Toller Porcorum Mapowder and Haseberry Bayan in the County of Dorset and of 8 Messuages 3 Tofts 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres of Pasture and 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Gyfford Burdchalke Alderbury East Grimsted and West Grimsted in the County of Wilts whereof a plea of Covenant was summoned between them in the said Court that is to say That the said Robert acknowleged the Mannors and Tenements aforesaid with the appurtenances to be the right of the said Richard as those which the same Richard Nicholas and Iohn had of the gift of the said Robert and those released and quit claymed from him and his heirs to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs And further the said Robert graunted for him and his heirs that they warrant to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs for ever And for this Recognition release quit claym warranty fine and Concord the same Richard Nicholas and Iohn gave to the said Robert 826 pound Sterling Which fine aforesaid levyed and had was levyed of the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. to the use of the said Robert Bingham the Elder for the Term of his life and after his decease then to the use of the aforesaid Robert Bingham than Son and heir apparent of the said Robert Bingham the Elder and the heirs of his body upon the Body of Ann then wife of the said Robert Bingham the Son to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever And of the aforesaid Mannor and Tenements called Wolcumb Binghams with the appurtenances to the use of the said Robert Bingham the Son and the aforesaid Ann and the heirs of the body of the said Robert Bingham the Son upon the body of the aforesaid Ann Lawfully to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever By virtue of which Fine and by force of the aforesaid Act of Parliament of transferring uses into possession made and provided the aforesaid Robert bingham the Elder was seised of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. in his demesn as of freehold for the Term of his life the remainder thereof to the said Robert Bingham the Younger in Fee tayl that is to say to him and to the heirs of his body to be begotten upon the Body of the said Ann the remainder to the right heirs of the said Robert Bingham the Elder for ever And besides the said Robert Bingham the Younger Ann his wife were seised of the said Mannor Land and Tenements called Wolcum Binghams with the appurtenances that is to say to the aforesaid Robert Bingham the
and the Advowson aforesaid against all Men for Ever And for this Recognitition release quit claim Warranty Fine and Concord the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry John Fitz-James and George gave to the aforesaid John Horsey 2680. pounds Sterling Which Fine aforesaid in form aforesaid levied and had was levied of the Mannor and Tenements called Over-Melcomb otherwise Horseys-Melcomb otherwise Sturges-Melcomb with the Appurtenances To the use of the said John Horsey and the Heirs males of the body of the said John Horsey lawfully begotten and for default of such issue To the use of Edith now Wife of the said Ralph Horsey for the Term of her life And after the decease of the said Edith To the use of the aforesaid Ralrh Horsey and his heirs males of his body Lawfully begotten and for default of such issue To the use of Iasper Horsey Brother of the said Ralph Horsey and the Heirs males of his body lawfully begotten and for default of such issue to the use of the right Heirs of the aforesaid Iohn Horsey for ever By virtue of which and of the aforesaid Act of Parliament of Transferring of uses into possession made and provided The aforesaid Iohn Horsey was seised of the aforesaid Mannor and Tenements called Over-Melcombe otherwise Horseys-Melcumb otherwise Sturges-Melcomb with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Edith for the Term of her life the remainder thereof to the aforesaid Ralph Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Jasper Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder over to the right Heirs of the said John Horsey for ever And the Jurors aforesaid say upon their Oath aforesaid That afterwards and before the within written time in which c. that is to say the 20th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th The aforesaid Robert Bingham the younger and Ann at Melcumb aforesaid had issue between them lawfully begotten Richard Bingham Son and Heir apparent of the said Rob Bingham the younger And that the aforesaid Robert Bingham and Ann of the said Mannors Lands and Tenements called Wolcomb Binghams so as before is said being so seised the remainder thereof in form aforesaid expectant And the said Robert Bingham the Elder and Jane his Wife so as before is said of the aforesaid Mannor of Nether-melcum otherwise Melcum Bingham with the Appurtenances whereof c. being seised of the Mannor thereof to the aforesaid Robert Bingham the younger and the Heirs of his body upon the body of the said Ann lawfully begotten the remainder thereof to the right Heirs of the said Robert Bingham the elder expectant The said Robert Bingham the younger afterwards and before the time within written in which c. that is to say the 11th day of November in the yeer of the Reign of the said Lady the Queen that now is the 30th at Melcomb aforesaid dyed of such estate of and in the premises as is said seised And the said Ann did survive him and held her self in the Mannor aforesaid and Tenements called Wolcombe Binghams and was thereof sole seised in her Demesn as of freehold for the Term of her life by right of survivor and that after the death of the said Robert Bingham the younge the remaynder of the aforesaid Mannor of Neither Melcum otherwise Melcum Bingham with the appurtenances whereof c. in fee tail descended to the said Richard Bingham as Son and Heir of the body of the said Robert Bingham the Younger upon the body of the said Ann begotten the said Richard Bingham at the time of the death of the aforesaid Robert Bingham the younger his Father being within age that is to say of the age of one yeer and 9. moneths and no more And that the said Ann of the aforesaid Mannor and Tenements called Wolcombe Binghams in form aforesaid being seised And the said Robert Bingham the elder and Jane his Wife of the aforesaid Mannor of Nether-Melcum otherwise Melcombe Binghams with the appurtenances whereof c. in form aforesaid being seised the remainder thereof in form aforesaid expectant The said Ann afterwards and before the within written time in which c. at Melcombe aforesaid took to Husband one John Sroud Esquire And the Jurors aforesaid say upon their Oath aforesaid That at the time of the death of the said Robert Bingham the younger and before the within written time in which c. The aforesaid John Horsey was seised of the said Mannor of Over-Melcum otherwise Horseys-Melcum otherwise Sturges-Melcum with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the Remainder thereof over in form aforesaid expecting And the said John Horsey so thereof being seised one John Popham Knight Chief Justice of the said Lady the Queen of Plea before the Queen her self to be held assigned by the name of John Popham Esquire George Trenchard Esquire and Edward Gorge Esquire before the within written time in which c. that is to say the 26th day of March in the yeer of the said Lady the Queen that now is the 31.th Out of the Court of Chancery of the said Lady the Queen at Westminster in the County of Middlesex then being sued forth a certain Writ of the said Lady the Queen of Entry in the Disseisin in the Post against the said John Horsey then Tenant of the Freehold of the said Mannor of Over Melcum otherwise Sturges-Melcum with the appurtenances of the said Mannor by the name of the Mannor of Horseys-Melcum otherwise Sturges Melcum with the Appurtenances And 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the Appurtenances in Horseys-Melcum otherwise Sturgis-Melcum to the then Sherifs of the aforesaid County of Dorset directed By which Writ the said Lady the Queen that now is to the then Sherif of Dorset commanded that the said then Sherif should command the said John Horsey that justly and without delay he should render to the said Iohn Popham George Trenchard and Edward Gorge the said Mannor of Horseys-Melcum with the appurtenances and 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the appurtenances in Horseys-Melcum otherwise Sturges-Melcum which the said George Popham George Trenchard and Edward Gorge claimed to be their Right and Inheritance And in which the said Iohn Horsey had not entry but after the Disseisin which Hugh Hunt thereof unjustly and without Judgement made to
Messuage and 26 Acres of Land in which c. amongst other in form aforesaid being seised the said Richard before the aforesaid time in which c. at Lugarshall in the said County of Wilts of such his estate dyed thereof seised and the aforesaid Johanna him over-lived and held her self in the aforesaid Messuage and 26 Acres of Land in which c. amongst other and was thereof sole seised in her demesn as of Fee tail in form aforesaid the remainder thereof over as before is said and farther the Jurors aforesaid say upon their Oath that the said Johanna being thereof so seised The aforesaid Anthony Bridges the 4 day of December in the year of the Reign of the said Lady the Queen that now is the 32 th at Walcot aforesaid by his Indenture made between the aforesaid Anthony Bridges Son of the aforesaid Richard and Johanna and Barbara then wife of the said Anthony and one Edward Langford Gentleman by the name of Anthony Bridges of West-Shefford otherwise great Shefford in the County of Berks. Esquire and Barbara his wife and Edward Langford of Lincolnes Inn Gentleman of the one part and one George Brown Knight by the name of George Brown Esquire second Son of the right Honourable Anthony Viscount of the most noble order of the Garter Knight of the other part which other part with the Seals of the said Anthony Bridges Barbara and Edward Langford Sealed bearing date the same day and year to the Jurors aforesaid in evidence shewed it was Covenanted granted condescended unto concluded and fully agreed by and between the said parties to the said Indenture in manner and form following That is to say that the said Anthony Bridges Son of the said Richard Bridges and Johanna and Edward Langford covenanted and granted for them their heirs and assigns to and with the aforesaid George Brown his Heirs and assigns by the same Indenture that they the said Anthony Bridges Son of the aforesaid Richard Bridges and Johanna and Barbara together with the aforesaid Edward Langford before Easter Term then next following would levy and acknowledge before the Justices of the said Lady the Queen of the Bench at Westminster one Fine or diverse Fines with the proclamations according to the course of Fines in the said Court used to the aforesaid George Brown of all that Mannor of Kintbury with all and singular the Rights members and appurtenances in the aforesaid County of Berks. And of all Messuages Lands and Tenements Rents Services Advowsons Patronages Liberties Privileges Profits and Hereditaments with all and singular their appurtenances to the said Mannor belonging or appertayning and also of the aforesaid whole Tenements within specified by the name of Lands Tenements and Hereditaments with the appurtenances called or known by the name of Walcot lying in Swindon within written whereof the aforesaid Messuage and 26 Acres of Lands then were and yet are parcel As also of all messuages Cottages Lands Tenements Rents Services and Hereditaments whatsoever to the same belonging occupied reputed demised or taken as part or parcel thereof by the name of 40 Messuages 20 Tofts 1 Dove-house 30 Gardens 20 Orchards 1000 Acres of Land 300 Acres of Meadow 1000 Acres of Pasture 100 Acres of Wood 500 Acres of Furz and Heath and 40 shillings of free Rent with the appurtenances in Kintbury Holt Hungerford Walcot and Swindon in the Counties of Berks. and Wilts or by whatsoever number of Acres either sole or together with any other Mannors Lands Tenements and Hereditaments and that the aforesaid Fine or the aforesaid Fines concerning the premises in the said indenture before mentioned and the execution of the Fine or Fines should be and be to the use of the said George Brown and his heirs and assigns for ever to no other use intent or purpose And the said Jurors farther say That in performance and accomplishment of a Covenant and agreement in the said Indenture between the said Anthony Bridges the Son of the said Richard and Johanna Barbara and Edward Langford and the said George Brown in form aforesaid mentioned afterwards and before the aforesaid â—aster Term That is to say in the Term of Saint Hillary in the year of the Reign of the said Lady the Queen that now is the 32 th aforesaid a certain Fine was Levied in the Court of the said Lady the Queen at Westminster in the county of Middlesex before Edmund Anderson Francis Windham William Periam and Thomas Walmesly then Justices of the said Lady the Queen and other the Lady the Queens faithfull people then there present between the aforesaid George Brown plaintiff and the aforesaid Anthony Bridges Son of the said Richard and Johanna and Barbara his Wife and Edward Langford Gentleman deforceant of the whole Tenements in the said Indenture specified whereof the said Messuage and 26 Acres of Lands are and at the time of the levying of the said Fine were parcel amongst other by the names of the Mannors of Kintbury and Fally otherwise great Fally with the appurtenances and 60 Messuages 20 Tofts 3 Dovehouses 40 Gardens 50 Orchards 4000 Acres of Lands 300 Acres of Meadow 4000 Acres of Pasture 300 Acres of Wood 1000 Acres of Furz and Heath and 6 pound 13 shillings 4 pence of Rent with the appurtenances in Kintbury Holt Fally otherwise great Fally Hungerford and West Shefford otherwise great Shefford as also of the Rectory of great Fally with the appurtenances and Free Warren and liberty of a Park in West Shefford otherwise great Shefford and also of the Free Fishings Kennet in the County of Berkss And of the Mannor of Baddesden with the appurtenances and 20 Messuages 10 Tofts 12 Gardens 8 Orchards 1000 Acres of Land 100 Acres of Meadow 1000 Acres of pasture 200 Acres of Wood 500 Acres of Furz and Heath and 40 shillings Rent with the appurtenances in Baddesden Lugershall Walcot and Swindon in the County of Wilts whereupon a plea of Covenant was summoned between them in the said Court that is to say That the said Anthony Barbara and Edward acknowledge the said Mannors Tenements Hereditaments Rectorie Warren liberty and Fishing with the appurtenances in the said Fine conteined to be the right of the said George as those which the said George had of the gift of the said Anthony and the same remised and quit claimed from the said Anthony Barbara and Edward and their heirs to the aforesaid George and his heirs for ever And besides the said Anthony and Barbara granted for them and the heirs of the said Anthony that they warrant to the aforesaid George his Heirs and Assigns the aforesaid Mannors Tenementâ— Rents Rectorie Warren and Liberties and Fishing with the appurtenances in the same Fine conteined against the said Edward and his heirs for ever and for this Recognition release quit claym warranty Fine and Concord the said George granted to the aforesaid Edward a certain yearly Rent of 100 pound to be going out of in the aforesaid Mannors
against Iohn Lambert in the custody of the Marshal c. of a plea of Trespass and Ejectment of him out of his Farm and are pledges of sute Iohn Doo and Richard Roo which Bill followeth in these words ss Buck Theophilus Adams Gentleman complayneth of Iohn Lambert in the custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas one Robert Snelling Gentlemâ—n and Thomas Butler Gentleman the 23 th .. day of May in the year of the Reign of the Lady the Queen Elizabeth that now is of England the 36. at the Town of Buckingham in the County aforesaid had demised and to Farm Letten to the said Theophilus 1 Messuage and 10 Acres of Land to the said Messuage neer lying called the Conigree situate lying and being in the Town of Buckingham aforesayd in the County aforesaid To have to the said Theophilus and his assigns from the aforesaid 23 day of May in the 36 year aforesaid untill the end and Term of 10 years from thence next following and fully to be compleat and ended by virtue of which demise the same Theophilus afterwards that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 into the aforesaid Tenements with the appurtenances entred and was thereof possessed until the aforesaid Iohn Lambert afterward that is to say the same 16 day of April in the 39 year aforesaid with force and Arms c. into the Tenements aforesaid with the appurtenances upon the possession of the said Theophilus thereof entred and him the said Theophilus from his Farm thereof his Term aforesaid not yet ended ejected expelled and amoved and from his possession thereof held out and yet holdeth out and other harms to him did against the peace of the said Lady the Queen that now is to the damage of the said Theophilus of 20 pound and thereof he bringeth sute c. and now at this day that is to say Monday next after 8 dayes of Saint Michael this Term until which day the aforesaid Iohn Lambert had licence to imparl to the Bill aforesaid and then to answer c. before the Lady the Queen at Westminster came aswel the aforesaid Theophilus Adams by his Attorny aforesaid as the said Iohn Lambert by Iohn Harborn his Attorny and the said Iohn Lambert defendeth the force and Injury when c. and saith that he is not there of guilty and of this putteth himself upon the Country and the said Theophilus likewise c. and therefore a Jury thereof was to be before the Queen at Westminster upon Monday next after the morrow of the Purification of the blessed Lady Mary by whom c. and who neither c. Because aswel c. Day is given to the parties aforesaid thence c. of which day the Jurors aforesaid between the parties aforesaid of the plea aforesaid were put in respit before the Lady the Queen at Westminster until Monday next after the Month of Easter in the year of the said Lady the Queen that now is the 41 th for default of Jurors c. At which day before the said Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attorneys aforesaid And the Jurors of the same Jury being called come likewise who to say the truth of the premises chosen tryed and sworn say upon their Oath that long before the time of the Trespass and Ejectment aforesaid that is to say the 5 day of the month of June in the year of our Lord 1431 and in the year of the Reign of King Henry the 6 after the conquest the 9 one Iohn Barton the Elder was seised of the aforesaid Messuage and of 6 Acres of Pasture parcel of the aforesaid 10 Acres of Pasture in the Declaration aforesaid specified in which it is supposed the Trespass and Ejectment aforesaid to be done amongst other in his demesn as of Fee and so thereof of the Messuage aforesaid and of the said 6 Acres of Pasture with the appurtenances parcel c. seised c. Enfeoffed William Brampton to have and to hold to him and his heirs to the behoof and use of the aforesaid Iohn Barton the Elder and his heirs By virtue whereof the aforesaid William Brampton was seised of the Messuage and 6 Acres of Land parcel c. with the appurtenances in his demesn as of Fee to the use of the aforesaid Iohn Barton and his heirs and the aforesaid William Brampton so thereof being seised the aforesaid Iohn Barton afterwards that is to say the aforesaid 5 day of the Moneth of June in the year of our Lord 1431 in the said year of the Reign of the said late King Henry the 6. the 9 aforesaid at Buckingham aforesaid made his Testament and last will within written of the aforesaid Messuage and 6 Acres of pasture parcel c. amongst other things in these words c. In the name of God Amen ss The 5 day of the Moneth of June 1431 of the late Reign of King Henry the 6 after the Conquest of England the 9 I Iohn Barton the Elder being of perfect minde and good memory do make and ordein my present Testament Indented conteyning my last will in this manner Imprimis I give and recommend my soul to God and my omnipotent Creator and Saviour and to the blessed Mary the Virgin his Mother and to all the Saints and my body to be buried in the Church of the blessed Peter the Apostle of Buckingham that is to say in the Church of Saint Romwold in the same place wherein a Marble stone for my burying I have ordeined and appointed and for this my burial there to be had I give to the building of the body of the said Church 40 shillings also I will and Ordain that speedily after my death there be celebrated for my soul 4000 Masses for the celebrating of which I give 16 pound 13 shillings 4 pence and for his payns who about this shall imply him self that fully faithfully and speedily it be performed 6 shillings 8 pence Item I give to the religious men under written that they as soon as by my Executors or their deputies they be acquainted of my death so speedily as conveniently it may be done every order of them say a Placebo and Dirige by note and the day following the Mass of Requiem with note for my soul the souls of my Father and Mother my friends and Benefactors and for the souls of all the faithfull departed that is to say to the Master and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury called of Acons London 40 shillings to the Master and Brethren of the Hospital of Saint Bartholemew in west Smithfield London 40 shillings to the Abbot and Covent of Bethesden in the County Buckingham 100 shillings to the Prior and Covent of Luffeild 40 shillings to the
possession then held made the aforesaid Edward Fowler was seized of and in the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances in his Demesn as of Fee Tail And so thereof being seized the issues and profits thereof all his life took and had and the same to the uses and intents in the Testament of the said John Barton the Elder above expressed applyed and converted And that the aforesaid Edward so thereof being seised afterwards that is to say the 28 th day of May in the yeer of the Reign of the late King Henry the 8th the 32. at Buckingham aforesaid of such his estate dyed thereof seized After the death of which Edward Fowler The said Messuage and 6. Acres of Pasture parcel c. descended to the said Gabriel Fowler as Son and Heir of the body of the said Edward Fowler lawfully begotten By virtue of which the aforesaid Gabriel into the aforesaid Messuage and 6. Acres of pasture parcell c. with the appurtenances entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs of his body lawfully begotten the reversion in Fee simple thereof to the right Heirs of the said John Barton the Testator expectant unto the uses in the said last Will of the said John Barton the Testator expressed to be performed and the aforesaid Gabriel Fowler the issues and profits thereof to the uses and intents in the said Testament of the aforesaid John Barton the Testator to be performed limitted received disposed and converted from the time of the death of the said Edward Fowler within 5. years next before the first year of the Reign of King Edward the 6 th that is to say untill the 4 th day of May in the year of the Reign of the late King Henry the 8 th the 37 th By colour of which aforesaid premises and by force of a certain Act of Parliament of the said King Edward late King of England the 6 th at Westminster in the County of Middlesex the 4th day of November in the year of his Reign the first begun and from thence continued untill the 24 th day of the same November then next following then and there holden concerning Colleges Free Chapels Chauntries Fraternities Guilds and other spiritual promotions made and provided The aforesaid late King Edward the 6th immediatly after the Feast of Easter next following after the making of the said Act of Parliament was seised of and in the aforesaid Messuage and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other things in the said Testament as is aforesaid given and appointed in his demesn as of Fee in the Right of his Crown of England if the Law so in this case requireth and that afterwards the said late King dyed of the said Messuage and 6. Acres of pasture so seised if the Law of England so requireth without Heir of his body begotten after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th If the Law of England in this case requireth By which the said late Queen Mary was seised of the Messuage aforesaid and of the aforesaid 6. Acres of pasture parcel c. amongst other in her demesn as of Fee in the right of her Crown of England if the Law this requireth and he said late Queen Mary afterwards and before the aforesaid time in which c. dyed so hereof seised if the Law of England in this case requireth without heir of her body issuing after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary if the Law of England in this case requireth By which the said Lady the Queen that now is was of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances amongst other seised in her demesn as of Fee in the right of her Crown of England if the Law of England so thereof requireth And the Jurors aforesaid further say upon their Oaths aforesaid That after the aforesaid Act of Parliament aforesaid in the year of the Reign of the late King Edward the 6th the first made The aforesaid Gabriel Fowler occupied the aforesaid Messuage and 6. Acres of pasture with the appurtenances parcel c. continâ—ed and was thereof seised in his demesn as of Feetail if the Law of England in this case requireth it having issue of his body lawfully begotten one Richard Fowler and so thereof seised continued the occupation aforesaid if the Law of England requireth it and afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the said Lady the Queen that now is the 18 th at Buck. aforesaid of such his estate dyed thereof seised if the Law of England requireth By colour of which the Messuage aforesaid and 6. Acres of pasture aforesaid with the appurtenances parcel c. descended if the Law requireth to the aforesaid Richard Fowler as Son and Heir of the said Gabriel By colour of which the said Richard Fowler afterwards and before the time in which c. into the Messuage and 6. Acres of Lands aforesaid with the appurtenances parcel c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs of his body lawfully begotten if the Law of England this requireth and the said Richard Fowler of the Messuage and 6. Acres of pasture aforesaid with the appurtenances parcel c. so being seised if the Law of England this requireth The said Richard after and before the time in which c. that is to say the 10th day of March in the year of the Reign of the said Lady the Queen that now is the 33th at Buckingham aforesaid By his writing bearing date the same day and year with the Seal of the said Richard sealed and to the Jurors aforesaid in Evidence shewed for a certain sum of money in the said writing specified if the Law of England this requireth enfeoffed Francis Dayrell and Edward Dayrell Gen. of the Messuage and 6. Acres aforesaid with the appurtenances parcel c. amongst other To have to the said Francis and Edward their Heirs and Assigns for ever By virtue of which the said Francis and Edward in the Messuage and 6. Acres of pasture aforesaid parcel c. entred and were thereof seised in their demesn as of Fee if the Law of Engl. this requireth so being thereof seised if the Law of Engl. this requireth The said Francis and Ed. afterwards before the aforesaid time in which c. that is to say
not yet concealed nor detained but the Rents and the Reversions thereof to the said Lord the King and Lady the Queen then were answered And that Mannor was in charge and account of Record and the Rents and the Reversions thereof to the said late King and Queen Philip and Mary were answered But whether the Lands and Tenements in the Declaration above mentioned by the said Letters Patents to the aforesaid George Howard Kt. passed or not the Jurors aforesaid are ignorant and thereof pray the Advice and Consideration of the Court in the premises And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices of the Court That the aforesaid Lands and Tenements in the Declaration aforesaid mentioned by the aforesaid Letters Patents of the Lord Philip and Mary late King and Queen of England to the aforesaid George Howard did passe Then the Jurors aforesaid say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment as he before in pleading hath alleged And if upon the whole matter by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court That the Lands and Tenements in the Declaration within written by the aforesaid Letters Patents of the Lord Philip and Mary King and Queen of England to the said George Howard passed not c. False Imprisonment Michaelmass Term in the 6th yeer of King JAMES in the COMMMON-PLEAS Doctor Bonhams Case Co. 8. part London HEnry Atkins of London Doctor of Physick George Turner of London Doctor of Physick Thomas Moundford of London Doctor of Physick John Argent of London Doctor of Physick John Taylor of London Yeoman And William Bowden of London Yeoman were Attached to answer to Thomas Bonham of London Doctor in Philosophy and of Physick of a Plea wherefore they together with William Dun of London Doctor of Physick and Richard Ware of London Skinner with force and Arms him the said Thomas Bonham took imprisoned and evil handled and him in Prison against the Law and Custom of the Kingdom of England did long detain and other harms to him did to the great damage of the said Thomas Bonham and against the Peace of the Lord the King that now is c And whereupon the same Thomas Bonham by Richard Coke his Attorny complaineth That the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden together c. the 10th day of November in the yeer of the Reign of the said Lord the King that now is the 4th with force and Arms him the said John in the Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and evilly handled and him there so in Prison a long time that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England detained and other harms c. to the great damage c. and against the Peace c. whereupon he saith that he is the worse and hath damage to the value of 300. pounds and thereof bringeth sute c. And the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden by Francis Barker their Attorny come and defend the force and injury when c. And as to the coming with force and Arms say That they are not thereof guilty And of that put themselves upon the Country and the aforesaid Thomas Bonham likewise And as to the rest of the Trespass and Imprisonment aforesaid above supposed to be done The said Henry George Thomas Moundford John Argent John Taylor and VVilliam Bowden say That the aforesaid Thomas Bonham his Action aforesaid against them ought not to have because they say That before the aforesaid time in which it is supposed the aforesaid Trespasse and Imprisonment to be done The Lord Henry late King of England the 8th the 23d day of September in the yeer of his Reign 〈◊〉 by his Letters Patents which the said Henry George Thomas Moundford John Argent John Taylor and William Bowden with his great Seal of England sealed bearing date at VVestminster the same day and yeer here in Court brought Reciting Wherereas he thought it the duty of his Kingly Office in all reason to provide for the good and welfare of his People That would first of all be done if he might in due season meet with the enterprizes of wicked men first therefore ye held it necessary to restrain the boldness of wicked men who professed Physick more for avarice than out of confidence of a good Conscience Whereupon very many incommodities did arise to the rude and credulous Cōmon-people Therefore partly imitating the example of the well-governed Cities and other Nations inclined thereunto at the request of the grave Men and Doctors John Chambre Thomas Linacre Ferdinand de Victoria his Physicians of Nicholas Hatswel John Francisco and Robert Yoxley Physicians and chiefly of the right Reverend Father in Christ and Lord Thomas titled of the Holy Church beyond Tyber Priest of the most Holy Church of Rome Cardinal of York Arch-Bishop and our Well beloved Chancellor of our Kingdom of England A College perpetual of Doctors and Grave Men who Physick in his City of London and the Suburbs and within 7. Miles from the said City every way might publickly exercise he Willed and commanded to be instituted to whom for his honour and in the name of the publick good and care as he hoped the ignorance and rashness of the malitious which he remembred as well by their example and gravity to deterr as by his Lawes late made and and by Constitution to be made by the same College to punish Which that they might more easily well accomplish to the remembred Doctors John Chambers Thomas Linacre Ferdinand de Victoria his Physicians Nicholas Hatswel John Francisco and Robert Yoxley Physicians he granted that they and all Men of the same faculty of and in the City aforesaid should be in deed and Name one Body and Comminalty perpetual or College perpetual and that the said Comminalty or College every yeer for ever might chose and make of that Cōminaltie any diligent man and skilful in the faculty of Physick to be President of the said College or Comminalty to oversee rule and govern for that yeer the College or Comminalty aforesaid and all men of the said faculty and their businesses And that the said President and College or Comminalty should have perpetual succession and a Common Seal to serve for the businesses of the said Comminalty and President for ever And that they and their Successors for ever should be persons able and capable to purchase and possesse in Fee and for ever Lands Tenements Rents and other possessions whatsoever He also granted to them and their Successors for him and his Heirs That they and their Successors might purchase to them and their Successors aswell in the said City as out of it Lands and Tenements whatsover not
And whereupon then they said That they themselves were seised oâ— the Mannors Tenements and Rents aforesaid with the appurtenances in their Demesn as of Fee and Right in the time of peace in the time of the said late King Edward the 4th taking thereof the profits to the value c. And the aforesaid Robert Tenant by his warranty aforesaid defended the right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right and all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified And then put himself on the grand Assize of the said late King Edward the 4th and then demanded Recognition to be made whether he more right then had to hold the Mannors Tenements and Rents aforesaid with the appurtenances to him and his Heirs as Tenant thereof by his warranty as he then held or the aforesaid Richard Danvers Alured Nicholas and VVilliam to have the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified as they above them demanded c. And the aforesaid Richard Danvers Alured Nicholas and VVilliam then returned back in the same Court the same very Term of Holy Trinity in the year of the Reign of the said late King Edward the 4th after the Conquest the 11th by their then Attorny aforesaid And the aforesaid Robert sollemnly called did not come back but departed in despite of Court and made default wherefore it was then granted by the same Court That the aforesaid Richard Danvers Alured Nicholas and VVilliam should recover their seisin against the aforesaid Chamberlain of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified To hold to them and their Heirs quietly from the aforesaid Richard Chamberlain and his Heirs And that the aforesaid Richard Chamberlain then should have of the Lands of the said Robert to the value c. And that the said Robert should then be in mercy c. as by the Record and Processe thereof here in Court remaining it manifestly appeareth Which Recovery in form aforesaid had was had to the use and intent that the aforesaid Alured Richard Danvers Nicholas Stathum and VVilliam Collow should give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and the Heirs Males of the Body of the said Richard Chamberlain issuing By Colour of which Recovery the aforesaid Alured Richard Danvers Nicholas and VVilliam Collow into the Mannors and Tenements aforesaid with the appurtenances entred and were thereof seised in their Demesn as of Fee to the use and intent aforesaid And so thereof to the use and intent aforesaid being seised The said Alured Richard Danvers William Stathum and Willam Collow give the aforesaid Mannors with the appurtenances to the aforesaid Richard Chamberlain and Sibil By the names of Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain issuing as the said Robert Chamberlain by his Writ and Declaration aforesaid above supposeth By which gift the aforesaid Richard Chamberlain and Sibil were seised of the Mannors aforesaid with the appurtenances that is to say the said Richard Chamberlain in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Sibil in her Demesn as of Free hold for the term of her life by the form of the gift aforesaid And afterwards the said Richard Chamberlain at Pettesho aforesaid took to Wife the aforesaid Sibil Great Grandmother of the aforesaid Robert Chamberlain and had issue male of his Body issuing the aforesaid Edward Chamberlain and afterwards the said Richard Chamberlain at Pettesho aforesaid dyed and the aforesaid Sibil him overlived and held her self in the Mannors aforesaid with the appurtenances and was thereof sole seised in her Demesn as of Free hold for the Term of her life by right of Survivor c. by the form of the gift aforesaid And afterwards the said Sibil by her aforesaid Writing of Release Remised and released to the aforesaid Richard Lyster Martin Linsey John Cottesford John Clayton and VVilliam Hogeson and Robert Taylor all her Right Claim Title State Use Interest and demand of and in the Mannors aforesaid with the appurtenances in manner and form as in the aforesaid Bar above is specified And that afterwards the said Sibil at Pettesho aforesaid dyed And from the aforesaid Richard the right descended by the form c. to the aforesaid Edward as Son and Heir c. And from the said Edward the right descended by the form c. to the aforesaid Leonard as Son and Heir c. And from the aforesaid Leonard the right descended by the form c. to the aforesaid Francis as Son and Heir c. And from the said Francis the right descended by the form c. to the said Robert who now demandeth as Son Heir c. as he by his Writ and Declaration aforesaid supposeth And this he is ready to averr wherefore for as much as by force of a certain Act of Parlament in the Parliament of the late Lord King Henry the 7 th at VVestminster aforesaid in the County aforesaid in the yeer of his Reign the 11 th holden made The aforesaid Warranty of the aforesaid Sibil in form aforesaid made is altogether void he demandeth Judgement and his seisin of the Mannors aforesaid with the appurtenances to be to him adjudged And the aforesaid Warden or Rector and Scholars say That by the aforesaid Act in the aforesaid Parliament of the late King Henry the 7 th â—t VVestminster aforesaid in the yeer of his Reign the 11 th abovesaid holden made It is provided That the Act aforesaid should not extend to any such Recovery or discontinuance in which the Heirs next inheritable to such Woman or where he or they who next after the death of the said Woman had or should have the estate of Inheritance in the said Mannors Lands and Tenements should be assenting or agreeing to the aforesaid Recoveries where the same assent or agreements are of Record or inrolled as by the said Act amongst other things it appeareth And the said Warden or Rector and Scholars further say That before the making of the said Writing of Release of the aforesaid Sibil and after the death of the aforesaid Richard Chamberlain Nicholas Evan Clerk and Thomas Hartop Clerk the Second Day of June in the yeer of the Reign of the said late King Henry the 8th after the Conquest the 4th out of the Court of the Chaâ—cery of the said late King then being at Westminster aforesaid sued forth an Original Writ of the said late King of Entry upon Disseisin in the Post against the aforesaid Edward Chamberlain of the Mannors aforesaid with the appurtenances to the then Sherifs of the County of Buckingham directed
is to say to him and the Heirs Males of his Body issuing the Reversion thereof to the aforesaid Countess sometimes Wife of the aforesaid Richard Earl of Warwick and the Heirs of the said Countess expectant And the said late King so thereof being seized and the Reveâ—sion thereof to the said Countess in form aforesaid expectant The said Countess afterwards and before the time aforesaid in which c. At Abbotâ—sley othewise Abberly in the aforesaid County of Worcester dyed so as before is said of the Reversion aforesaid seized After whose death the Reversion aforesaid with the appurtenances descended to one Edward Earl of Warwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter of the said Countess By which the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and Right And the said Edward Earl of Warwick so thereof being seized By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th Day of January in the Yeer of his Reign the 19th amongst other things It was Enacted by him the said late King by the assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by the Authority thereof That whereas Peter Warbeck with others of the aforesaid late Kings Rebellious Enemies and Traytors in a great multitude and number to him associated entred and arrived in this Kingdom in a certain place called VVhitessonbay in the Parish of St. Bercie in the County of Cornwall the 7th day of September in the Yeer of the Reign of the said late King the 13th and levied Warr against the aforesaid late King Notwithstanding the aforesaid Peter in his Journey and issue to the said false and malicious purpose was overthrown and was taken and by the same late King committed to the Prison of the Tower of London where and in which place the aforesaid Edward Earl of Warwick confederated with the aforesaid Peter imagining and intending falsely and trayterously the death and destruction of the said late King and the overthrowing of this Kingdom of England intending to make the aforesaid Peter King of the same Kingdom by divers devises amongst them conceived and inspired endeavoured with divers his Adherents speedily by diverse false Messages and Notes to set him at liberty and at large to the intent to Execute his false and Trayterous purpose to aid and assist him to his utmost endeavour for which the aforesaid Edward Earl of VVarwick by due course of Law of the said late King out of his own Confession was convicted and attainted of High Treason as his deserts in that behalf required That the said Earl for his offences aforesaid by Authority of Parliament aforesaid should be convicted adjudged and attainted of High Treason And that he should forfeit to the aforesaid late King and his Heirs All his Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other to his use was seized or possessed of the day of the Treason either committed or done or at any time after within the Kingdom of England Ireland VVales Calice or the Counties thereof in Fee simple Fee tail for Term of life or lives Or in which the said Earl then or at any time after had lawful cause of Entry within England Ireland Wales Calis or the Counties of them And further that the aforesaid Edward Earl of VVarwick should forfeit to the said late King and his Heirs All Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Lands Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other person seized to his use or was possessed of the second day of August in the Yeer of the Reign of the aforesaid late King the 14th or at any time then after as by the said Act amongst other things more fully appeareth And the said Richard saith That the aforesaid Edward Earl of VVarwick Cousin and Heir of the said Ann Countess of VVarwick in the Fine aforesaid named and the aforesaid Edward Earl of VVarwick in form aforesaid attainted and in the Act aforesaid named are one and the same person and not other or diverse By colour of which Conviction and Attainder and by force of the aforesaid Act of Parliament The aforesaid late King Henry the 7th was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and of Right in the Right of his Crown of England And so thereof being seized and of the Mannor aforesaid with the appurtenances in his Demesn as of Fee tail in form aforesaid being seized The said late Lord the King afterwards and before the aforesaid time in which c. At VVestminster aforesaid dyed of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion aforesaid in form aforesaid seized After whose death the Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid discended to the Lord Henry late King of England the 8th as Son and Heir of the aforesaid late King Henry the 7th By which the said late King Henry the 8th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and of the Reversion of the said Mannor with the appurtenaÌ„ces as of fee right And the said late King Hen. the 8th so being thereof seized By a certain Inquisition taken at the Castle â—â— VVorcester in the aforesaid County of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King the same County by virtue of his Office by the Oathes of Richard Frier Gent. Richard â—helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh Edward Enolt Henry Dison Roger â—bud Henry VVoodward John Porter of Claynes John Brodford VValter Solli Roger Aldern of Martley and Richard VValter taken It was found amongst other things That the aforesaid Ann Countess of VVarwick in the Fine aforesaid named was seized of the Mannor aforesaid with the appurtenances whereof c. in her Demesn as of Fee and that she being thereof so seized the Fine aforesaid in form aforesaid was levied By which the aforesaid King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his Demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing And that the said Countess was seised of the Reversion of the said Mannor as of Fee and
after was Servant of the said late King Henry the 8th and one of the Grooms of the Privy Chamber of the said late King and many good laborious and laudable Services to the said late King Henry the 8th before the making of the said Letters Patents did and performed and that he said VValter the aforesaid other Letters Patents of the aforesaid Mannor of Grafton Fleuard and the said VValter and Elizabeth the aforesaid other Letters Patents of the said Mannor of Charleton with their several members and appurtenances in form aforesaid made to the said late King Henry the 8th before the making of the said other Letters Patents to them in form aforesaid made and here in Court shewed forth in his Chancery aforesaid at VVestminster aforesaid had surrendred and procured to be cancelled as in the said Letters Patents here in Court shewed forth it is alleged and testified By virtue of which Letters Patents here in Court shewed forth The said VValter and Elizabeth were seized of the said Mannor of Abottesly with the appurtenances whereof c. amongst other that is to say The said VValter in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Elizabeth in her demesn as of Free hold for the Term of her Life and the said VValter and Elizabeth so being thereof seized the said Elizabeth afterwards and before the time in which c. at Abottesly aforesaid dyed And the aforesaid VValter over-lived her and held himself in the aforesaid Mannor of Abottesly with the appurtenances whereof c. and was thereof seized in his demesn of Fee tail in form aforesaid by right of Survivour And the said VValter so thereof being seized By an Act of Parliament of the same late King Henry the 8th at VVestminster aforesaid the 8th day of July in the yeer of his Reign the 28th holden made reciting by the said Act Whereas the aforesaid Ann Countess of VVarwick in the Fine aforesaid above named in the yeer of the Reign of the late King Henry the 7th the â—â—ihrd by Fine then levied before the Justices of the King of Common-Pleas at VVestminster had given granted unto the said late King Henry the 7th amongst other things The Lordship and Mannor of Abottesly with the appurtenances in the County of VVorcester To have to the said King and the Heirs Males of his Body issuing as by the same Fine remaining on Record amongst other things it more fully appeared By virtue of which the said late King was seized of the said Mannor with the appurtenances in his demesn as of Fee tail and so thereof being seized The said Countess dyed After whose death the Reversion of the said Mannor with the appurtenances in Fee simple did descend and come to Edward late Earl of Warwick which Reversion and Fee simple of the said Mannor amongst other Castles Honours Mannors Lands Tenements and Hereditaments then after escheated and came into the Hand and possession of the aforesad late King Henry the 7th and his Heirs by the Attainder of High Treason of the said Edward Earl of Warwick as by the Record therefore more fully appeareth And the aforesaid late King Henry the 7th so thereof being seized dyed After whose death the same Castles honours manors lands tenements and Hereditaments and other the premises in the Fine aforesaid contained amongst other Lands Manors Tenements and Hereditaments descended came to the said late K. Hen. the 8th as Son Heir of the aforesaid late K. Hen. the 7th by due course of Inheritance By virtue wherof the said late K. Henry the 8th had been and was then thereof seised And because the aforesaid Castles Manors Lordships Lands Tenements and other the premises were of great value and had many great and ample Liberties Preheminences Commodities â—â—d delights to the same belonging Therefore then and there It was Enacted by Authority of the same Parliament That the aforesaid late King Henry the 8th his Heirs and Successors from hence after should have hold and injoy for ever all and singular the aforesaid Castles Mannors Tenements Lands and Hereditaments with the Appurtenances and all and singular the premises and that the said Castles Manors Tenements Lands and Hereditaments with the Appurtenannances and all and singular other the premises by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple for ever without the aforesaid or any other thing or things before then had made or used or to be allowed to the contrary in any thing notwithstanding as by the same Act more fully appeareth Saving alwayes to all and singular person and persons Bodies politique and corporate their Heirs and Successors and to the Heirs and Successors of every of them other than the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earle of Warwick Father of the late Countesse all such Rights Titles Uses Interests terms of years Demise Demises Rents Fees Annuities Possessions Reversion Remainder Distresses Entries Actions Grants Offices Commons Commodities Liberties Profits Sutes in such manner form conditions as they or any of them their heirs successors or the heirs or succes of any of them had could might or ought to have had if the Act aforesaid never had bin made any thing in the said Act of Parliament to the contrary notwithstanding as by the said Act amongst other things it more fully appeareth By colour of which Act the Reversion aforesaid to the aforesaid Manor of Abbottesley otherwise Abberley and the Manor aforesaid in Reversion after the Estate and Interest of the aforesaid Walter Walsh and Elizabeth his wife so as before is said granted to the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple did belong according to the form and effect of the Act aforesaid By which the said late King Henry the 8th was seised of that reversion as of Fee and right and the said late King so being thereof seised and the said Walter of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. in form aforesaid being seised The aforesaid Walter at Abbottesley aforesaid before the aforesaid time in which c. died of such his Estate so seised After whose decease The said Manor with the Appurtenances whereof c. descended to one Walter Walsh his Son as Son and Heir Male of the body of the same Walter Walsh his Father Issuing By which the said Walter Walsh the Son after and before the time in which c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and the aforesaid late King Henry the 8 th was seised of the Reversion thereof as of Fee and Right and so thereof being seised The said late King afterwards and before the time in which c. at
and singlar the premises whereof the aforesaid Christopher Digges the Father was before seized due to us or to any other for Wardship Primer-seisin Livery or any other manner That his last Will and meaning was to leave that there might descend all those his Lands and Tenements called and known by the name of Eastendown containing 110. Acres of Lands and all those Lands and Tenements and Heditaments which the aforesaid Christopher Digges the Father had by descent after the death of Thomas Digges of Newington neer Sittingâ—orn Esquire then deseased And if the Lands and Tenements as above is said left to descend should not be sufficient to satisfie to us for the 3d. part was due to us then his Will meaning was That so much of the other of his Lands next adjoyning to Eastendown aforesaid should descend and should be to his said Son Thomas Digges as should be sufficient to satisfie and fulfil to us the third part And by the said his Testament expresly gave and bequeathed the other two parts of the aforesaid Mannors Lands and Tenements and other the premises before mentioned with their appurtenances whatsoever to the use of the payment of his Debts and maintainance of Martha Digges then his Wife And that afterwards the said Christopher Digges of all and singular the premises aforesaid as is before said being seized the 14th day of the moneth of March in the yeer 1566. dyed leaving after him issue Five Sons then living in full life being that is to say the said Thomas Digges in the said Commission named and the aforesaid Christopher Edward Reginald and John Digges which said John dyed in the life of him the said Thomas without issue And that the said Christopher and Edward for further shewing of their Right in the premises said and are ready to aver That the aforesaid Christopher their farther ever in his time had held or enjoyed any of the Lands and Tenements by descent of Inheritance of the said Thomas Digges of Newington aforesaid By which the third part of the said Lands and Tenements of him the said Christopher be limitted and appointed to descend to satisfie us for the Wardship of the Heir of the said Christopher according to the intent of the same Testament and last Will remained to be made and taken out of the aforesaid Lands called Eastendown and of other the Lands and Tenements of the same Christopher to the said Lands called Eastendown next adjoyning And further the said Christopher and Edward Sons of the aforesaid Christopher in Facto said That the demesn Lands of the said Mannor of Outelmeston at the time of the death of the said Christopher the Father were next adjoyning to the aforesaid Lands called Eastendown And that the aforesaid Christopher Digges the Father at the time of his death had not any Lands or Tenements next situate and adjoyning to the said Lands called Eastendown than the demesn Lands of the Mannor of Outelmeston with their Rights and Members By which the third part by the aforesaid Testament and last Will left to descend ought to be taken out of the aforesaid Lands called Eastendown and of the demesn Lands of the said Mannor of Outelmeston aforesaid called Eastendown next adjoyning And also said That the aforesaid Mannors Lands and Tenements whereof the aforesaid Christopher dyed seized contained in them 2500. Acres of Lands And that the third part of the 2500. Acres of Lands is 833. Acres of Lands by which to make the Lands called Eastendown a full third part of all the Mannors and Tenements whereof the said â—hristopher Digges dyed seized ought to be taken out of the demesn Lands of the said Mannor of Outlemeston next adjoyning to the said Lands called Eastendown 733. Acres Which third part of the Mannors and Lands aforesaid after the death of the said â—hristopher Digges Father of the said Thomas Christopher Edward Reginald and John as Sons of the said Christopher descended and of Right ought to descend And that the aforesaid Lands called Eastendown as also the aforesaid demesn Lands of the aforesaid Mannor of Outlemeston are and time whereof the Memory of Man is not to the contrary are and were of the Tenure and nature of Gavelkind and for all that time parted and partable between Heirs Males By which the said Thomas Christopher Edward Reginald and John into the aforesaid Lands called Eastendown and so much of the aforesaid demesn Lands of the aforesaid MaÌ„nor of Outelmeston aforesaid called Eastendown next adjoyning as with the aforesaid Lands called Eastendown amounted to the third part of all the aforesaid MaÌ„nors Lands TenemeÌ„ts whereof the said Christ-Digges aforesaid dyed seized entred and were thereof seized in their demesn as of Fee in Copercenery And so thereof being seised The said John Digges dyed without issue of his body of his purpart thereof seised after whose death the aforesaid Thom. Christopher Edward Reginald were seised of the aforesaid Lands called Eastendown and of so much of the demesn Lands of the aforesaid Manor of Owtelmestone aforesaid called Estendown next adjoyning as with the aforesaid Lands called Eastendown did amount to the third part of all the aforesaid Manor Lands and Tenements whereof the aforesaid Christopher dyed seised and were thereof seised in their demesn as of Fee in Copercenerie they being thereof so seised the aforesaid Thomas Digges dyed thereof seised and further the said Christopher and Edward said that afterwards the aforesaid Thomas Digges in the aforesaid Commission named so thereof as is said of his purpart of the premises being seised dyed thereof seised after whose death the said Christopher and Edward together with the aforesaid Reginald into the aforesaid Lands and Tenements being as before is said of the nature and tenure of Gavelkind entred and were by virtue of the said Custome of Gavelkind thereof Lawfully seised in Copercenerie as of their purparts until after the birth of thesaid Thomas Posthumus Digges and by Colour of the Inquisition aforesaid the aforesaid Lands called Eastendown and the aforesaid Manor of Owtelmestone amongst other things were totally and wholly seised into our hands And the aforesaid Christopher and Edward utterly thereof and of their aforesaid purparts thereof to them as before is said due and belonging they were amoved and expelled unjustlie with this that the said Christopher and Edward will averr that the aforesaid Manor of Owtelmestone and the aforesaid Lands called Eastendown in the aforesaid last Will of the aforesaid Christopher the father mentioned and left to descend as afore is said are the same Lands called Eastendown and the said Manor of Owtelmestone in the Inquisition aforesaid mentioned whereof the said Christopher and Edward demand Judgment and that our hands from the two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Owtelmestone next adjoyning to the aforesaid Lands called Easten as do amount to the third part of the aforesaid Manors and
for the payment of his Debts or Legacies or for any other necessary purpose or intent It shall and may be lawful to and for the said Christopher Digges together with Sr. Henry Cripps Knight John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood at any time hereafter during the life of the said Christopher Digges together with and by the joynt Consent and Agreement of the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry John Francis Richard Thomas and Richard by their Joynt Deed or Writing Indented of them the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christopher Digges or of three of them the said Henry John Francis Richard Thomas and Richard and being sealed with the seals of the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christoper Digges or three of them the said Henry John Francis Richard Thomas and Richard and to be inrolled in any Court of Record of our sovereign Lady the Queen or of her Heirs and Successors to make void and frustrate any of the use or uses estate or estates in these presents above mentioned expressed or declared onely for of or in any such part or parcel of the premises as by the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or by the said Christopher Digges or three of them the said Henry Iohn Francis Richard Thomas and Richard shall be thought meet and convenient and by the said Writing Indented and Inrolled shall be expresly limited and appointed and no otherwise And thereof by the said Writing Indented so to be inâ—olled of new to declare limit or appoint any such new or any other such use or uses estate or estates as to the said Christopher Digges Henry Cripps Iohn Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or any three of the said Henry John Francis Richard Thomas and Richard shall be thought meet and convenient as by the said Writing Indented shall be expressed and declared and not otherwise any thing in this present Indenture contained to the contrary thereof in any wise notwithstanding And that immediatly from and after such new Declaration Limitation and Appointing of any new or other use or uses of or in any part or parcel of the premises by writing Intended sealed and inrolled as aforesaid than the use and uses estate or estates of such and so much onely of the premises whereof any such new Declaration Limitation or Appointment shall be so had and made shall be And the said Christopher Digges his Heirs and Assignes and all other person or persons their Heirs and Assignes which at any time hereafter shall stand and be seized of or in so much of the premses whereof any such new Declaration limiting and appointing shall be so had and made shall stand and be seized thereof to the use of such person and persons and to such use intents and conditions as shall be mentioned and expressed in the said Writing Indented and Inrolled and to none other use intent or purpose any thing above mentioned to the contrary thereof in any wise notwithstanding In witnesse whereof the parties to these presents inter changeably to this present Writing Indented have put their Seals the day and yeer above written By virtue of which Indenture and by force of a Statute transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The aforesaid Christopher Digges the Father was seized of the Manors and Tenements with the appurtenances within monstraâ—s de droit above specified in his Demesn as of Freehold for the term of his life the remainâ—er thereof to the aforesaid Thomas the Heirs Males of his Body issuing and for default of such issue The Remainder thereof to the Heirs Males of the Body of the said Christopher the Father of the aforesaid Martha lawfully begotten And the said Christopher Digges the Father so of the Manors and Tenements aforesaid with the appurtenances being seized the Remainder thereof to the aforesaid Thomas in form aforesaid expecting The said Christopher Digges the Father and the aforesaid Ioh. Brook Ric. Brook Tho. Leweson afterwards and before the day c. that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 12th By a certain Indenture between them the said Christopher Digges the Father and the aforesaid Iohn Brook Richard and Thomas Leweson of the one part Thomas Ovington and Thomas Digges of Chertham in the County of Kent Gent. of the other paâ—t made and in the Court of Chancery of the said Lady the Queen that now is at Westminster then being the 4th day of Iunc in the yeer of the Reign of the said Lady the Queen that now is the 12th aforesaid in due manner of Record inrolled one part of which with the Seals of the aforesaid Christopher Digges the Father Iohn Richard and Thomas Leweson sealed To the Jurors aforesaid in evidence was shewed whose Date is the same day and yeer abovesaid In which Indenture reciting the first Indenture bearing Date the 6th of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between him the said Christopher Digges the Father of the one part and the aforesaid Henry Cripps Knight Iohn Brook Francis Gaâ—acre Richard Brook Thomas Ltweson and Richard Horewood of the other part Covenanted Granted and Agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs Executors and Assigns in manner and form as followeth in these words And also whereas The said Christopher Digges at the time of the making of the said Indenture in these presents above recited was seized of an Estate of Inheritance amongst other the Manâ—rs Lands Tenements and Hereditaments abovesaid of and in one Close in the abovesaid Parish of Barham in the occupying of Bartholmew Baker containing by estimation 3. Acres and 2. Acres of Land in Stony Rock and 3. Acres and 2. yards in Parsonage-field in the occupation of the said Bartholmew Baker in Barham aforesaid and 2. half Acres of Land in the occupying of Henry Crowd and one half Acre late in the occupation of Iohn Barham Gent. in the Parish of Barham aforesaid And also 3. Acres called Green Hill and one Acre lying in Brome lease joyning to Thomas Laddes Ground and one yard in Iohn Nashes Land lying in Barham aforesaid and Kingston next Barham in the County aforesaid
and also 16. Acres of Down Land and Pasture in the said Parish of Barham and Kingston aforesaid and Adsham in the County aforesaid in the occupying of Kembers Heirs and also the moyety of 31. Acres of Marish Land and Arable the moyety of one Tenement lying in the Parish of Woekham in the said County and 3. Acres of Marish Land more late in the occupying of Robert Formel and 5. Acres of that now in the occupying of David Deme of Littleborn Court lying in the Parishes of Littleborn and Wockham aforesaid and Ickham in the County aforesaid And also one Tenement with 7. Acres of Land lying at Stelling Mennis in the Parish of Ekham late in the occupying of Richard Ovingden 30. Acres of Wood-Land in the Parish of Netherherds now in the occupying of the said Christopher Digges and 1. Acre of Arable Land in the occupying of Henry Rigden called Bedleacre and also 2. Acres of Land in Demisdale and 3. Acres in Spotts Cross half an Acre in Wholdstane in the parishes of Barham and Kingstone and 12. Bushels of Rent Barley out of William Ademe's Land in Kingston aforesaid and 3. Acres of Land at a Place called Marley within the Parish of Kingston in the occupying of James Adem and also 1. Tenement with 7. Acres of Arable Land and Pasture in the occupying of Henry Crowd in the Parish of Barham aforesaid And also 60. Acres of Arable Land Pasture and Down-Land in the Parish of Barham aforesaid and also 3. Acres of Meadow lying in Winch in the Parish of Tannington and 7. Seames of Rent Barley in the Parish Sutton next Sandwitch and also 3. Acres of Arable Land in the occupation of Richard Ragely in the Parish of Kingston aforesaid and 36. Acres of Wood-Land Arable and Pasture and half a Messuage half a Barn and half a Stable an Outhouse and a Meadow containing 12. Acres adjoyning to the Barn in the occupying of James Herringe in the Parishes of Kingstone aforesaid and Bourn in the County aforesaid Whereupon and for and in consideration that the said Christopher Digges is endebted to divese persons in the sum of 900. pounds or thereabouts and that he the said Christopher may have full authority to sell and alienate some part of the said Lands and Tenements for the payment of his said debts It is now Covenanted Granted Condescended and Agreed Between the said Christopher Digges John Brook Richard Brook and Thomas Leweson and the above named Thomas Ovington and Thomas Digges their Heirs and Assignes And the said Christopher Digges John Brook Richard Brook and Thomas Leweson for them and every of them their Heirs and Assignes by their joynt Consent and Agreement do Covenant and Grant to and with the said Thomas Ovington and Thomas Digges their Heirs and Assignes by these presents That from the Inrollment of this present Indenture in the Queens Majesties Court of Chancery That all and every the said use and uses considerations and intents limited declared and mentioned in the abovesaid Indenture in these presents above comprised And to and as concerning only all and singular those several parcels of the premises particularly above mentioned shall be utterly void frustrate and be determined and ended And that the said Christ Digges and his Heirs and all every other person and persons which now stand or be seized or at any time hereafter shall stand and be seized of and in the said several parcels particularly above mentioned with their Appurtenances shall from the time of the Inrollment of these presents stand and be of all and every the same particular parcells above mentioned onely with their Appurtenances seized onely unto the use of the said Christopher Digges his Heirs and Assignes for ever and to no other use uses purposes and intents In Witnesse whereof the parties abovesaid to these present Indentures their Seals interchangeably have set dated the day and yeer first above written as by the Indenture aforesaid more fully appeareth By colour of which Indenture and Inrollment and by force of the aforesaid Statute of transferring of uses into possession made and provided The aforesaid Christopher Digges the Father was seized of the aforesaid parcel of Lands Tenements and Hereditaments with the Appurtenances in the Indenture aforesaid particularly further specified as the Law requireth And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Christopher Digges the Father of the Manors Lands and Tenements in the Monstrans de droit within written with their Appurtenances in form aforesaid being seized The said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterward and before the time of the bringing of the Monstrans de droit within written that is to say the 20th day of September in the yeer of the Reign of the said Lady the Queen that now is the 13th By another Indenture between them the said Christophâ—r Digges the Father John Richard and Richard Horewood on the one part and the aforesaid Thomas Ovington and Thomas Digges of Chartham aforesaid on the other part made By the names of Christopher Digges of Barham in the County of Kent Esquire John Brook Richard â—rook and Richard Horewood Gent. on the other part made and in the Court of the Lady the Queen of Common Pleas at Westminster afterwards that is to say in the Term of St. Michael in the yeer of the Reign of the said Lady the Queen that now is the 13th and 14th in due manner of Record inrolled one part whereof with the Seals of the aâ—oresaid Christopher Digges the Father John Richard Brook and Richard Horwood sealed and to the Jurors aforesaid in Evidence shewed whose date is the same day and yeer reciting the aforesaid Indenture bearing date the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between the aforesaid Cheistopher Digges the Father of the one part and the aforesaid Henry Gripps Knight John Brook Francis Gaâ—aâ—re Richard Brook Thomas Leweson and Richard Horewood of other the part Covenanted Granted and agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs and assignes in maner and form as followeth in these words Whereupon and â—or and in Consideration that the said Christopher Digges is endebted to diverse persons in the sum of a 1000 pound or there abouts that he the said Christopher may have full authority to sell and alienate part and parcel of all and singular his said Lands and Tenements whatsoever for the payment of his said debts and for any other necessary purpose and intent it is now Covenanted granted condescended and agreed Between the said Christopher Digges John Brook Richard Brook and Richard Horewood and the above Thomas Ovington and Thomas Digges their Heirs and assigns And the said Christopher Digges John Brook Richard Brook and Richard Horewood for them and every of them their Heiirs and Assignes by their Joynt
as is aforesaid That then it shall be lawful to every or to any of my aforesaid Sons or Daughters for default of payment of the sums or sum due unto them or any of them by way of Annuity as is aforesaid into the Lands and Tenements and other Hereditaments above limited to my Eldest Son aforesaid and to his Heirs Males as aforesaid to enter and destrein and the destress there so taken lawfully with them or any of them to lead drive or carry away until every of them shall be fully satisfied and paid Item I will That after the decease of Martha my Wife if then my Eldest Son aforesaid or the Heir Male of his Body lawfully begotten then living shall be of the full age of 22. yeers That then the said Eldest Son or his Heir Male aforesaid shall have the aforesaid Lordship of Yoke and the Manors of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys to him and the Heirs Males of his Body lawfully begotten for ever And if then my Eldest Son aforesaid or his Heirs Males as is aforesaid shall come of the full age of 22. yeers Then I will that the yeerly Profits and Revenews of the abovesaid Lordship of Yoke and Manor of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys aforesaid until my sayd Eldest Son or his Heir Male abovesaid shall come to the full age of 22. yeers shall go and be imployed towards the payment of my Debts Legacies Payments and Annuities aforesaid Item I will That if it happen my Eldest Son aforesaid or his Heir Male aforesaid to depart this transitory world without Heirs Males or Male of his Body lawfully begotten Then for lack of such Heir Male All and every the aforesaid Lordship Manors Lands Tenements with the Appurtenances Rents Services and Hereditaments other than such as are appointed to be sold and for the Poor as aforesaid shall be and remain to his next Eldest Brother then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly to every of his Brothers my Sons then living until every of them shall be of the full age of 24. years 4. pound of lawful mony of England and to every of his Sisters my Daughters then living five Marks of lawful mony in such manner and form and so long as is afore specified Item I will That all and singular the abovesaid Lordships Manors Lands and Tenements with the Appurtenances Rents Reversions Services and Hereditaments whatsoever in the County of Kent or else where other than such as afore specified to be sold by Thomas Ovington aforesaid and willed to my Eldest Son aforesaid as is afore specified for lack of Heir Male of the Body of any my aforesaid Sons shall successively remain from Brother to Brother and to his Heir Male paying yeerly for so long to his Brothers and Sisters as is aforesaid And if it fortune all my said Sons depart this transitory world without Heirs Males or Male of their or his Body lawfully begotten Then for lack of such Heir Male I will all the aforesaid Lordship Manor Lands and Tenements with their Apurtenances Rents Reversions Services and Hereditaments in the Parishes of Leneham Frinsted Harrisham aforesaid shall be and remain to my Daughters aforesaid and to their Heirs for ever Item I will That all other my Lordships Manors Lands and Tenements with their Appurtenances Rents Reversions and Services and other Hereditaments in Barham aforesaid for lack of Heirs Males or Male of the Body of any of my Sons lawfully begotten shall remain to Thomas Digges one of the Sons of Leonard Digges Esq late in the Parish of Sutton in the County of Kent aforesaid and to the Heir Males or Male of his Body lawfully begotten for ever And for lack of such Heir Male to remain to James Digges another of the Sons of the said Leonard and to the Heirs Males or Male of his Body lawfully to be begotten for ever and for lack of such Heir Male to remain to the Right Heirs of me the aforesaid Christopher Digges another of the Sons of the aforesaid Leonard and to the Heirs Males of his body lawfully begotten for ever and for lack of such Heir Male to remain to the right Heirs of me the said Christopher Digges for ever As by the Testament and last Will aforesaid amongst other things more fully appeareth And that afterwards and before c. that is to say the second day of February in the year of the Reign of the said Lady the Queen that now is the 19th the aforesaid Christopher the Father at Barham in the County aforesaid dyed of the Manors Tenements and Hereditaments aforesaid in the Monstrans de droit within written specified with the appurtenances mentioned so as aforesaid as the â—aw requireth seised And further the Jurors aforesaid say upon their Oâ—th aforesaid That the aforesaid Martha Digges wife of the aforesaid Christopher Digges the Father him the said Christopher Digges her Husband over lived and that the aforesaid Martha afterwards that is to say the 4th day of May in the 19. year afores aâ— Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid â—hâ—mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture afâ—rel here first specified named were one and the same person not other nor divers and that the Manors Lands and Tenements in the Inquisition aforesaid specified and the Manors Lands and Tenements in the Indenture aforesaid here first mentioned and comprised are the self same Manors Lands and Tenements not others nor divers And that the aforesaid Lands Tenements wherof the uses by the aforesaid Indenture bearing date the 6th day of May in the 12th year aforesaid are revoked are not the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any parcel thereof And thâ—t the uses of the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any part thereof by the aforesaid second Indenture here within specified was not Revoked annulled or mentioned to be by the same revoked or annulled and that the aforesaid Manors Lands and Tenements whereof the uses by the aforesaid Indenture bearing date the 20th day of September in the 13th year aforesaid mentioned to be by the same Indenture Revoked and annulled are the same Manors Lands and Tenements in the Monstrans de droit within written specified and not other nor divers But whether upon the whole matter aforesaid in form aforesaid found The said Christopher Digges the Father dyed seised of the Manors Lands and Tenements in the Monstrans de droit within written specified in his demesn as of Fee as in the aforesaid Monstrans de droit it is supposed or not the Jurors
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
said Honour of Wallingford And that the like process sutes and pleas should be for ever holden received and should be used in the said Honour of Newline otherwise Eweline as at the first day of the same Parliament were used or exercised in the said Honour of Wallingford And that the said late King Henry the 8th should have to him his Heirs and Successors for ever the said Honour and Castle of Wallingford and all Lordships Mannors Lands Tenements and other Hereditaments whatsoever appertaining to the said Honour or Castle or reputed or taken to be any part of the possessions or parcel or member of the said Honour and Castle from thence for ever to be severed and divided from the aforesaid Dutchy And that the said Honour and Castle of Wallingford from thence for ever should be named and called the Castle and Mannor of Wallingford And also that the said Castle and Mannor of Wallingford and all Lordships Mannors Lands Tenements and other Hereditaments whatsoever which then should be belonging or appertaining to the said Mannor or reputed or taken to be any part parcel or member thereof and all manner of Liberties Franchises Privileges Royalties and Jurisdictions before that used within the said Honour of Wallingford from thence for ever should be united annexed knit adjudged deemed accepted reputed and called part parcel and member of the said Honour of Newelm otherwise Ewelm in the aforesaid County of Oxford And further it was enacted by Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th That all and singular person and persons who then held any Mannors Lands Tenements or Hereditaments of the aforesaid late King Henry the 8th and of the most excellent and undoubted Prince Edward the Son and Heir apparent of the said late King Henry the 8th as of the said Honour of Wallingford or of any other Lordships or Mannors being parcel or member of the said Honour of Wallingford from thence for ever after should hold their said Mannors Lands Tenements and Hereditaments of the said late King Henry the 8th his Heirs and Successors as of the aforesaid Mannor and Castle of Wallingford or of the said Lordships or Mannors being parcel and members of the said Honour of Wallingford parcel of the said Honour of Newelm otherwise Ewelm by the said Rents Sutes Customs and Services as they and every of them held payed or did before the making of the said Act of Parliament and not by more or other Rents Sutes Customs or Services Saving to every person and persons Bodies Corporate Politick their Heirs and Successors and to every of them other than the most excellent and undoubted Lord Prince Edward which then was and his Heirs and to any other who from thence for ever should happen to be the Kings Eldest Son and new Heir of the Crown of this Kingdom of England All such Right Title Interest Possession Fees Offices Annuities Rents Commons and all other Commodities and Hereditaments whatsoever which they or any other of them lawfully held had could or ought to have had if the said Act of Parliament had never been made And further It was Enacted by the Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th That the aforesaid Excellent and undoubted Prince Edward which then was and every other who from henceforth for ever should happen to be Eldest Son of the King and next Heir of the Crown of this Kingdom should have hold and enjoy for ever annexed united and knit to the aforesaid Dutchy of Cornwall for and in full Recompence of the aforesaid Honor Castle of Wallingford and other the premises in the said Act before mentioned to the said Honor of Wallingford then before belonging as part and parcel of the said Dutchy of Cornwall The Manor of VVest Taunton Trelowia and Landalph with the Appurtenances in the County of Cornwall amongst other things in such manner and form and of such like Estate as the sayd Excellent and undoubted Prince before the making of the same Act of Parliament had held or enjoyed the aforesaid Honour and Castle of Wallingford and all the premises parcel of the said Honour And that all and singular the aforesaid Manors with all and singular their Appurtenances then amongst other limitted and assigned by the said Act in the aforesaid Parliament of the aforesaid late King Henry the 8th to the aforesaid Dutchy of Cornwall and every of them from thence for ever should be reputed deemed adjudged accepted and taken by authory of the same Parliament as part parcel and member of the said Dutchy of Cornwall in such and the like manner and form to all purposes and intents as the said Honour and Castle of Wallingford and the members and parcels of the same were before the making of the same Act any Act Law Custom or use to the contrary notwithstanding As by the said Act in the aforesaid Parliament of the aforesaid late K. Hen. the 8th made amongst other things it more fully appeareth And whereas before until the time of the making of the aforesaid Act of Parliament made in the afores Parliament of the afores late K. H. the 8th The aforesaid Honour Castle of Wallingford members parcel thereof were part parcel and members of the aforesaid Dutchy of Cornwall according to the form and effect of the aforesaid Charter and Grant by the aforesaid late King Edward the third with the common assent aforesaid and Authority of his Parliament aforesaid as before is said made and as in the aforesaid Charter are mentioned and above recited and the aforesaid excellent and undoubted Prince Edward in the aforesaid Act made in the aforesaid Parliament of the aforesaid late King Henry the 8th before the time of making of the aforesaid Act made in the Parliament aforesaid of the aforesaid late King Henry the 8th had and enjoyed in the aforesaid Honour and Castle of Wallingford and other the premises parcel of the same Honour in such manner and form and of such estate as is enacted and limited in the aforesaid Charter and Grant aforesaid of the aforesaid late King Edward the third in the year of his Reign the 11th aforesaid by the Authority of Parliament made as before is said And the aforesaid Castle of Wallingford with the Hamlets and Members thereof And the aforesaid Honour of Wallingford with the Appurtenances in the aforesaid Charter and Grant by the aforesaid late King Edward the third as before is said made specified are one and the same and not others or divers By vertue of which the said late Prince Edward eldest Son of the aforesaid late King Henry the 8th and Duke of Cornwal was seised of the aforesaid Manors of West Tannton Trelowia Landalph with the Appurtenances in his Demesn as of Fee as parcel of his Dutchy of Cornwal aforesaid according to the form and effect of the aforesaid Act of Parliament and he thereof so being seized the aforesaid late
said late Queen after the beginning of her Reign was or then after should be intituled by any Attainder Escheat Conveiance or Assurance whatsoever and in which Letters Patents Grants or Writings no Estate Tail then before made or supposed to be made was recited or from henceforth should be and the Reversion or Remainder thereof expectant in the said Letters Patents Grants or Writings granted or mentioned to be granted or any defect of certainty or ill computing mistaking rating or setting forth of the yeerly value or rate of the premises or yeerly Rents reserved of and for the premises or any parcel thereof mentioned or conteined in the same Letters Patents aforesaid or other Writings or for that that the premises then were or any part thereof valued at a greater or lesser value in the said Letters Patents or Writings than the said Manors Lands Tenements and other premises then were or were in yeerly value or any misnaming or not true naming of Town Hamblet Parish or County where the said Honors Manors Lands Tenements Rents Hereditaments and other the premises and every part thereof or any parcel thereof lay or were or any defect of true naming of the Lands Tenements or Hereditaments or any parcel thereof or of the Nature Kind Quality or Quantity of the aforesaid Possessions or Hereditaments or of any parcel thereof or any default of true naming of any Corporation or any default of Attornment Livery or Seisin or any ill naming of any the late Tenants of the aforesaid Honors Manors lands Tenements and Hereditaments or of any part thereof so sold granted or given or any ill naming of any person or persons Bodies Politick or Corporate who any time before the making of such Letters Patents were or then after should be proprietors of the premises or any any part thereof to the contrary notwithstanding as by the said Act amongst other things it more fully appearh And the said John Hele and Warwick further say That the said late Queen Elizabeth never had any Son And that the aforesaid Gellio Merick and Henry Liâ—dley were at and before the time of the making of the said Leters Patents so as before is said made Subjects of the said late Queen Elizabeth and born at Westminster aforesaid All and singular which The said John Hele and Warwick are ready to aver Whereupon they demand Judgement if the said Letters Patens of the aforesaid late Queen Elizabeth of the Manors aforesaid with the Appurtenances so as before is said made ought to be revoked and annulled or the Manors aforesaid with the Appurtenances or any of them ought to be seized into the Hands of the Lord the King that now is c. And the aforesaid Henry Hobert Knight Attorny General of the Lord the King that now is who c. present in Court in his proper person As to the aforesaid Plea of the said Henry Lindley above in form aforesaid pleaded for the said Lord the King saith That the said Henry Lindley ought not be admitted to plead That there is not any such Record of any such Act of Parliament of the aforesaid Lord King Edward the 3d. made Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made as in the aforesaid Writ of Scire Facias thereof is recited and specified Because he saith That the said Lord King JAMES now King of England saw the Inrollment of the aforesaid Act of Parliament of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is within his Tower of London in the yeer of the Reign of the aforesaid late King Edward the 3d. the 11th inrolled upon Record there remaining The Tenor of Inrollment of which Act of Parliament and Charter aforesaid the said JAMES now King of England by his Letters Patents under the Great Seal of England sealed here in Court by the aforesaid Attorny General of the Lord the King that now is for the said Lord the King that now is now brings in Court bearing date at Westminster aforesaid the 5th day of March in the yeer of the Reign of the said Lord the King that now is of England France and Ireland the 3d. and of Scotland the 39th Exemplified amongst other things Which Exemplification as to the Inrollment of the aforesaid Act of Parliament and Charter aforesaid followeth in these words JAMES by the Grace of God of England Scotland France and Ireland defender of the Faith c. To All to whom these present Letters shall come greeting We have seen the Inrollment of a certain Charter bearing date the 17th day of March in the yeer of the Reign of the Lord Edward late King of England the 11th To his well-Beloved and Faithful Edward Earl of Chester his Eldest Son granted in the Rolls of our Chancery within the Tower of London remaining of Record in these words Edward by the Grace of God King of England Lord of Ireland and Duke of Aquitain To the Arch-Bishops Bishops Abbots Priors Earls Barons Justices Sheriffs Provosts Ministers and all Bayliffs and his faithful People Greeting Amongst other the tokens of Honour of our Kingdom we esteemed it the chiefest that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels Therefore there being many degrees of Inheritance in our Kingdom where by descent the Inheritance according to the Law of this Kingdom to Co-heirs and Parciners and for want of such issue and such like events the same came to our Hands We therefore desiring to beautifie our Kingdom and in best manner to defend our Kingdom and the holy Church thereof and our Subjects and Kingdoms against the endeavors and Adversaries thereof and considering and looking that Peace between us and Subjects be maintained and to dignifie the Places of honour of our Kingdom And taking into our consideration the person of our well-Beloved and Faithful Edward Earl of Chester our Eldest Son and taken to Honour the same our Son the name and Honour of Duke of Cornwall with the common consent and counsel of the Prelates Earls Barons and others of our Counsel in this present Parliament at Westminster upon Monday next after the Feast of Saint Mathew the Apostle last past being assembled we have given and made him Duke of Cornwall and girt him with a Sword as behoveth And that there may be no doubt hereafter what or how much the same Duke or other Dukes of the same place who for the time shall be in the name of the said Dutchy ought to have Our Will is that all in specialty which to the said Dutchy doth beloug be inserted in this our Charter Therefore for us and our Heirs we have given and granted and by this our Charter confirmed to the same our Son under the name and Honour of Duke of the said Place The
Castles Manors Lands and Tenements and other things under written That he the State and Honour of the said Duke might uphold and the charges and burthens thereof the better uphold that is to say The Sheriffwick of the County of Cornwall with the Appurtenances so as the said Duke and other Dukes of the same place for the time being make and appoint Sheriffs of the said County of Cornwall at their will and pleasures and to do and execute the Office of Sheriffs there as heretofore it used to be done without any hindrance of us or our Heirs forever As also the Castle Burrough Manor and Honour of Launceston with the Park there and other as Appurtenances in the County of Cornwall and Devonshire The Castle and Manor of Tremeton with the Town of Saltesh and the Park there and other the Appurtenances in the said County The Castle Burrough and Manor of Tintagel with the Appurtenances in the said County of Cornwall The Castle and Manor of Restormel with the Park there and other the Appurtenances in the said County And the Manor of Clymestond with the Park of Keriballock and other their Appurtenances Tibeste with the Balywick of Powderhine and other their Appurtenances Twynton with the Appurtenances Helleston in Kerior with the Appurtenances Morsk with the Appurtenances Tevernaile with the Appurtenances Pengkeseth with the Appurtenances Peâ—lyn with the Park there and other the Appurtenances Kellaton with the Bedelry of Estwyueleshire and other the Appurtenances Helleston in Fryshire with the Park of Hellesbury and other its Appurtenances Lyskireâ—â— with the Park there and other the Appurtenances Calistock with the Fishing there and other the Appurtenances and Tatskid with the Appurtenances in the said County of Cornwall And the Town of Lostwickiell in the said County with the Mill there and other the Appurtenances And the Prizage and Customs of our Wines in the said County of Cornwall and also the Profits of all the Ports within the same our County of Cornwall to us belonging together with Wreck of the Sea as well of Whales and Sturgeon and other Fishes which do belong to us by reason of our Prerogative and whatsoever belongs to Wreck of Sea with the Appurtenances in our said County of Cornwall And the Profits and emoluments of our County holden in our County of Cornwall And Hundreds and Courts in the said County to us belonging As also our Stannary in the said County of Cornwall together with the Coinage of the said Stannary and all issues and Profits thereof arising And also all the Issues Profits and Perquisites to the Court of Stannary and the Mines of the said County except only 1000. Marks which to our well-Beloved and Faithful William de Monte acuto Earl of Salisbury we have granted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the Issues and Profits of the aforesaid Coinage until the Castle and Manor of Tonbridge with the Appurtenances in the County of Wilts To the Manor of Aldebourn Ambresbury and VVinterbourn with the Appurtenances in the said County and the Manor of Caâ—eford with the Appurtenances in the County of Dorset and the Manor of Hâ—ngstrig and Charleton with the Appurtenances in the County of Somerset which our Beloved and Faithful John de VVarren Earl of Surrey and Johan his Wife hold for the term of their life and which after their deaths to us and our Heirs ought to return after the decease of the said Earl and Johan to the aforesaid Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we granted to remain and 200. Marks of Land and Rent which to the said Earl of Salisbury to have in form aforesaid we granted to be provided came to our Hands And also our Stannary in the aforesaid County of Devon with the Coinage and all Issues and Profits of the same And also the Exites Profits and Perquisites of the said Court of Stannary And the Water of Dertmouth in the said County And the yeerly farm of 20. pound of our City of Exeter and the Prizage and Customs of our Wines in the Water of Sutton in the said County of Devon As also the Castle of Wallingford with its Hamblets and Members and the yeerly Farm of the Town of VVallingford with the Honors of Wallingford and De Sancto Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever those Honours were And the Castle Manor and Town of Berkhamstead with the Port there together with the Honour of Berkhamstead in the Counties of Hertford Buck. and Northampton and other their Appurtenances And the Manor of Biflet with the Park there and other the Appurtenances in the County of Surrey To have and to hold to the said Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England by Inheritance to succeed together with Kingly Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as weâ— Free as Vâ—lleins and all other things to the aforesaid Castles Burroughs Towns Manors Honours Stannaries and Coinage Lands and Tenements howsoever and wheresoever belonging or appertaining of us and our Heirs for ever together with 24. pound of yeerly Farm which our well-Beloved and Faithful John de Merz to us by the yeer for all his life is bound to pay for the Castle and Manor of Mere with the Appurtenances in the County of Wilts granted to him by us for the Term of his life to be taken every yeer by the Hands of the said John for the Term of his Life and with the aforesaid 1000. Marks yeerly to the aforesaid Earl of Surrey of the issues of the Coinage aforesaid by us so granted after obteined by him or his Heirs Males of his Body to be begotten seisin of the said Castle and Manor of Tunbridge and the Manors of Aldebourn Ambresbury Winterborn Caneford Hengstrigg Charleton after the deaths of the same Earl of Surrey and Johan And the said 200. Marks Land and Rent to the said Earl of Salisbury and the Heirs Males of his Body begotten so provided for the proportion of the said Castles Manors Lands and Tenements with the whole and particularities to the Hands of the said Earl of Salisbury and the Heirs Males of his Body should come We have moreover granted for us and our Heirs and by this our Charter we have confirmed That the Castle and Manor of Knaresburgh with the Hamblets and Members thereof and the Honour of Kneasbough in the County of York and other Counties wheresoever the same Honour should be The Mannor of Istleworth with the Appurtenances in the County of Middlesex which Philippa Queen of England our most dear Coâ—â—ort holdeth for Term of Life And the Castle and Manor of Lydeford with
the Appurtenances and with the Chase of Dertmore with the Appurtenances in the said County of Devon And the Manor of Bradnests with the Appurtenances in the said County which our Beloved and Faithful Hugh de Andley Earl of Gloucester and Margaret his Wife have for the Life of the said Margaret And the said Castle and Manor of Mere with the Appurtenances which the aforesaid Johan so for Life holdeth by our Grant and which after the death of the said Queen Margaret and Johan to us and our Heirs ought to revert after the decease of the aforesaid Queen aforesaid that is to say the Castle and Manor of Knaresburgh with the Honours Hamblets and Members thereof aforesaid and other their Appurtenances and the Manor of Istleworth with the Appurtenances And after the death of the said Margaret the said Castle and Manor of Lydeford with the said Chase of Dertmore and other the Appurtenances and the Manor of Bradnests with the Appurtenances and after the death of the said Johan the said Castle and Manor of Mere with the Appurtenances shall remain to the aforesaid Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England â—ereditarily to succed as before is said To have and to hold together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats Services of Tenants as well Free as Villeins and all others to the same Castles Manors and Honoars howsoever and wheresoever belonging or appertaining of his likewise and our Heirs forever All which Castles Burroughs Towns Manors Honours Stannaries Coinage Fine of Exeter and Wallingford Lands and Tenements as above are specified together with the Fees Advowsons and all other things aforesaid to the aforesaid Dutchy by our present Charter for us and our Heirs we do annex and unite to the same for ever to remain So that from the said Dutchy at no time they be any waies severed nor to any one or other than Dukes of the same place by us or our Heirs they be given or any manner of way granted So also as that to the aforesaid Duke and other Dukes of the same place they do descend and to the Son or Sons to whom the said Dutchy by colour of our Grant aforesaid it shall belong then not appearing the said Dutchy with the Castles Burroughs Towns and all other the abovesaid to us or our Heirs Kings of England shall retorn in our Hands and in the Hands of our Heirs Kings of England to be kept until such Son or Sons of the said Kingdom of England Heirs to succeed appear as it is said to whom then successively the said Dutchy with the Appurtenances for us and our Heirs we Grant and will that they be delivered to hold as above is expressed We have moreover for us and our Heirs and by this our Charter we have confirmed to the aforesaid Duke that the said Duke and the Heirs of him Eldest Sons Dukes of the same forever have free Warren in all the Lordships Manors Castles Lands and other places aforesaid so as the said Lands be not within the Pounds of our Forrests And that none enter into them to hunt in them or to take any thing which to Warren appertaineth without the License Will of the said Duke or other Dukes of the same place upon pain of Forfeiture of 10. pound Wherefore we Will and firmly Command for us and our Heirs That the said Duke have and hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the said place in the sayd Kingdom of Engla in heritable to succeed The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances So that they and others Dukes aforesaid at their Wills make and constitute the Sheriff aforesaid of the said County of Cornwall to do and execute the Office of Sheriff there as hitherto it used to be done without the hindrance of us or our Heirs forever As also the aforesaid Castles Burroughs Manors and Honours of Launfeton The Castle and Manor of Tremeton with the Town of Saltesh the Castle Burrough and Manor of Tintagel the Castle and Manor of Restornel and the Manors of Clymeslond Tebeste Tewynton Helleston in Kerier Moresk Tewarnayl Pengkneth Pentyn Rellaton Helleston in Trigstone Vyskiret Calistock Talskid and Town of Lofiwithel with the appurtenances together with the Parks Bayliwicks Bedelrie Fishings and others aforesaid in the aforesaid County of Cornwall and the aforesaid Prisages Customs and profits of Ports aforesaid together with the said Wreck of Sea and the said profits and emoluments with the Hundreds and Courts aforesaid to us belonging and the said Stannary in the said County of Cornwall together with the Coinage of the said Stannary and with all issues and profits thereof arising And also the explees profits and perquisites of the Courts aforesaid except only the said 1000. Marks which to our well-Beloved William de Monte acuto Earl of Salisbury wegranted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the issues and profits of the Coinage aforesaid until the said Castle and Manor of Tunbridge with the Appurtenances and the said Mannors of Aldebourn Ambresbury and Winterbourn with the Appurtenances and the said Manor of Hengstrig and Charleton with the Appurtenances which the aforesaid Earl of Surrey and Johan his Wife hold for the term of their Lives and which after their deaths to us and our Heirs ought to revert after the deceases of the said Earl and Johan to the said Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we have granted to remain And the said 200. Marks Land and Rent which to the said Earl of Salisbury To have in form aforesaid we granted come unto our Hand as before is said And the said Stannary in the County of Devon with the Coinage and all issues and profits thereof And also the explees profits and perquisites of the Court of the same Stannary Water of Dertmouth and the said yeerly Farm of 20. pound of the said City of Exeter and the said Prizage and Custom of Wines in the Water of Sutton in the said County of Devon As also the aforesaid Castle of Wallingford with Hamblets and Members thereof the yeerly Farm of the Town of Wallingford with the said Honour of Wallingford and De Sancto Valerico The Castle Manor and Town of Berkhamstead with the said Honour of Berkhamstead and the Manor of Biflet with the Parks and other their Appurtenances aforesaid together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with the Hundreds Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other
things to the said Castles Burroughs Towns Manors Stannaries and Coinage Lands and Tenements whatsoever and wheresoever belonging or appertaining of us our Heirs forever together with said 24. pound Farm which the aforesaid John de Mere to us yeerly for his whole Life is bound to pay for the said Castle and Manor of Mere granted to him by us to hold for the term of his Life to be taken yeerly by the Hands of the said John de Mere all his Life And also with the aforesaid 1000. Annual Marks to the aforesaid Earl of Salisbury of the profits of the Coinage aforesaid by us so granted after obteined by him or the Heirs Males of his Body begotten seisin of the aforesaid Manor of Tonbridge and Manor of Aldebourn Ambresbury Winterbourn Caneford Hengstreg and Charlton after the decease of the said Earl of Surrey and Johan And the said 200. Marks of Land and Rent of the said Earl of Salisbury and the said Heirs Males of his Body so provided for the like proportion of the said Castles Manors Lands and Tenements with the whole and particulars to the Hands of the said Earl of Salibury or the Heirs Males of his Body lawfully begotten should come as aforesaid And that the aforesaid Castle and Manor of Knaresburgh with its Hamblets and Members and the Honour of Knaresburgh And the Manor of Istelworth with the Appurtenances after the death of our aforesaid Consort The Castle and Manor of Lydeford with the Appurtenances and with the said Chase of Dertmore with the Appurtenances and the Manor of Bradnests with the Appurtenances after the decease of the aforesaid Margaret And the Castle and Manor of Mere with their Appurtenances after the death of the aforesaid John de Mere remain to the said Duke To have and to hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the same place in the Kingdom by Inheritance to succeeed together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other things to the said Castles Manors Honours howsoever and wheresoever belonging or appertaining of us likewise and our Heirs for ever aâ— before is said All which Castles Burroughs Towns Manors Honours Stannaries Coinage Farms of Exeter and Wallingford Lands Tenements as above are specified together with Knights Fees Advowsons and all other things abovesaid to the said Dutchy by this our present Charter for us and our Heirs we do annex and unite to the same to remain forever So as from the said Dutchy at no time hereafter they be severed nor to any person or persons then the Dukes of the same place by us or our Heirs they be given or in any wayes granted So that to the aforesaid Duke or other Dukes of the same place they descend And Son or Sons to whom the said Dutchy by colour of the aforesaid our Grants it behoves to belong then not appearing The same Dutchy with the Castles Burroughs Towns and all other things aforesaid to us and our Heirs Kings of England shall revert in our Hands and in the Hands of our Heirs to be kept until such Son or Sons in the said Kingdom of England hereditable successively appear as is said to whom successively the said Dutchy with the Appurtenances for us and our Heirs we grant and will to be delivered to be holden as above is expressed And that the said Duke and his Heirs Eldest Sons Dukes of the said place for ever have Free Warren in all the Demesns of the Lands aforesaid whilest yet the same Lands are not within the Bounds of our Forrests So as none enter into those Lands to hunt in them or to take any thing which to Warren belongeth without the License and Will of the said Duke and the other Dukes of the said place upon payn of forfeiture 10. pound as before is said These being Witnesses The most Reverend Fathers John Archbishop of Canterbury Primate of all England our Chancellor Henry Bishop of Lincoln Richard Bishop of Durham John de Warren Earl of Surrey John de Betto Campo Earl of Warwick Thomas Wake of Lydel John de Mowbray John Darcy of Neuen Steward of our House and others Given by our Hand at Westminster the 17th day of March in the yeer of our Reign the 11th By the King himself and the whole Council in Parliament But we The Tenor of the Charter Record and Act of Parliament aforesaid at the Request of the well-Beloved and Faithful Thomas Stephens Esquire Attorny General of our well-Beloved and most dear Son our Eldest Son Henry Prince and Duke of Cornwall caused to be Exemplified by these presents In Witnesse whereof we made these our Letters Patents Witnesse my self at Westminster the 5th day of March in the yeer of our Reign of England France and Ireland the Third and of Scotland the 39th as by the said Letters Patents of Exemplification aforesaid here in Court brought more fully appeareth And the said Henry Hobert Attorny General of the said Lord the King that now is for the said Lord the King that now is saith and will aver That the aforesaid Act of Parliament aforesaid of the aforesaid late King Edward the 3d. made and the aforesaid Charter by the aforesaid late King Edward the 3d. by authority aforesaid of the Parliament of the same late K. Ed. the 3d. made And the aforesaid Charter by the aforesaid late K. Ed. the 3d. by Authority of Parliament aforesaid made whereof is the Inrolment aforesaid in the aforesaid Exemplification of the Inrollment aforesaid as before is said is made mention are one and the same and not other nor divers Whereupon the said Attorny General of the said Lord the King if that now is for the said Lord the King here demandeth Judgement If the aforesaid Henry Lindley to say that there is not any such Record of such Act of Parliament aforesaid of the aforesaid late King Edward the 3d. Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid in the Writ aforesaid of Scire Facias specified against the said Letters Patents of Exemplification aforesaid here in Court by the said Attorny of the aforesaid Lord the King that now is for the said Lord the King now shewed forth ought to be admitted And further the said Henry Hobert the Attorny General of the said Lord the King that now is for the said Lord the King prayeth that the said Letters Patents of the aforesaid late Queen Eliz. as unto the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances be revoked and annulled and that the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances into the Hands of the said Lord the King that now is to
be taken and seized And the aforesaid Henry Hobert Attorny General of the said Lord the King that now is who c. As to the said Plea of the aforesaid John Hele and Warwick Helc by them above in form aforesaid pleaded for the said Lord the King saith That that Plea and the matter therein conteined is not sufficient in Law to maintain That the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph ought not to be revoked and annulled or that the Manor aforesaid with the Appurtenances into the hands of the said Lord the King that now is ought not to be seized To which Plea in manner and form aforesaid pleaded The said Attorny General for the said Lord the King needeth not nor by the Law of the Land is bound to Answer And this he is ready to aver Wherefore for want of a sufficient Plea of the said John Hele and Warwick Hele in this behalf The said Attorny General for the said Lord the King demandeth Judgement and that the said Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled And the Manors aforesaid with the Appurtenances be taken and seized into the Hands of the Lord the King c. Upon which the aforesaid Henry Lindley saith That the Plea of the aforesaid Attorny General for the said Lord the King that now is to the Plea of the said Henry Lindley above by Replication pleaded and the matters therein conteined are not sufficient for him the said Henry Lindley to say That there is not any such Record of any such Act of parliament of the aforesaid late King Edward the 3d. made as in the aforesaid Writ of Scire Facias thereof is recited and specified Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid made as in the aforesaid Writ of Scire Facias thereof above is recited and specified to Bar And that the said Henry Lindley to that Plea in manner aforesaid by Replication pleaded needeth not nor by the Law of the Land is bound to rejoyn And this he is ready to aver Wherefore for want of a sufficient Replication in his behalf the said Henry Lindley as at first demandeth Judgement If the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made ought to be annulled or the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances or any of them ought to be taken seized into the hands of the Lord the King that now is And the aforesaid John Hele and Warwick Hele for themselves say that in as much as they sufficient matter in their plea aforesaid by them above pleaded have alleged that is to say the aforesaid seisin of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Tauuton Treloâ—ia and Landalph with the Appurtenances in her demesn as of Fee in the right of her Crown of England and the grant aforesaid by the aforesaid Letters Patents of the said late Queen and the rest of the Matters by them above pleaded which the aforesaid John Hele and Warwick are ready to aveâ— which matter the aforesaid Attorny General of the Lord the King that now is doth not deny nor to the same any waies answereth but the same averment to admit altogether refuseth as at first demand Judgment if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made ought to be revoked and annulled or the said Manors with the Appurtenances or any of them in the hands of the said Lord the King that now is ought to be taken or seised And farther for the better information and to more fully inform the said Lord the King that now is and the Court here of the State of the said Lord the King that now is to the aforesaid Dutchy of Cornwall and to other Manors to the said late Dutchy any maner of way belonging or annexed or part or parcel thereof The said John and Warwick say that in the Statute in Parliament of the Lord Henry late King of England the 7th held at Westminster in the County of Middlesex the 7th day of November in the first yeer of his Reign made amongst other things ordayned It was enacted and established by authority of Parliament that the said Lord King Henry the 7th should have hold enjoy and possess to him and his Heirs for ever from the 21th day of August then last past the aforesaid Dutchy of Cornwal and all and singular Honors Castles Lordships Manors Lands Tenements Rents Reversions Services Poffessions Advowsons and other Hereditaments with all and singular their members and appurtenances to the aforesaid Dutchy belonging and appertaining or which were belonging annexed reputed or taken parcel of the same any time of the Reigns of Henry the 6th Edward the 4th late Kings of England in as ample and large manner with all liberties Franchises and other things to the same belonging in like manner form and condition as the aforesaid Kings or either of them had held occupied used or enjoyed or had held occupied was used and enjoyed in the same in any time during the said Kings Reigns as in the Statute aforesaid in the yeer of the Reign of the aforesaid late King Henry the 7th the first abovesaid amongst other things it is more fully contained and appeareth By which the said King James now King was and yet is seised of the rest of the Manors Lands and Tenements to the aforesaid Dutchy of Cornwall belonging by the aforesaid late Queen Elizabeth not aliened in his demesn as of Fee in the Right of his Crown of England whereupon they pray that the Court here take knowledge and notice of the aforesaid Statute in the yeer of the Reign of the aforesaid late King Henry 7th the first abovesaid made and of the aforesaid Statu te of the said Lord the King that now is to the rest of the Manors Lands Tenements and Hereditaments to the aforesaid Dutchy of Cornwal belonging they would take and accept c. And the aforesaid Henry Hobert Attorny General of the aforesaid Lord the King that now is who c. as to that whereupon the aforesaid Henry Lindley above demurreth in Law in as much as he sufficient matter in Law for the said Lord the King to bar the aforesaid Henry Lindley from saying that there is not any such record of any such Act of Parliament of the aforesaid late King Edward the 3d. made nor any such Record of the aforesaid Charter by the said late King Edward the 3d. by authority of Parliament aforesaid made as in the aforesaid Writ of Scire Facias
of Fee in the Right of his Crown of England And the said late King so thereof being seized before the time in which c. By his Letters Patents with the Great Seal of England sealed bearing date at Westminster the 14th day of May in the yeer of his Reign the 32th had given and granted the Tenements aforesaid with the Appurtenances amongst other things to Ann Cobham Widow To have and to hold the Tenements aforesaid with the Appurtenances amongst other things to the said Ann Cobham and her Assigns for the term of the life of the said Ann rendring therefore to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown at the Feast of Saint Michael the Archangel yeerly to be paid and after the decease of the aforesaid Ann The said late King by his Letters Patents willed and granted That the Tenements aforesaid with the Appurtenances amongst other things to one Edward Shelley Esquire and Johan his Wife and to the Heirs of the Bodies of them the said Edward and Johan between them lawfully to be begotten To be holden of the aforesaid late King his Heirs and Successors by the Service of the 20th part of a Knights Fee And yeelding therefore yeerly to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown aforesaid at the Feast of Saint Michael the Archangel every yeer to be paid for all Services and demands whatsoever to the said late King his Heirs and Successors any wayes to be rendred payed or done And if it should happen the said Edward and Johan his Wife to dye the without issue of their bodies lawfully by them begotten The the said late King willed and granted by his said Letters Patents that the Tenements aforesaid with the Appurtenances amongst other things should wholly remain to the right Heirs of the said Edward Shelley for ever to be holden of the aforesaid late King his Heirs and Successors by the Rent and Services aforesaid for all Services and demands as by the said Letters Patents amongst other things more fully appeareth By vertue of which gift and grant the said Anne Cobham into the Tenements aforesaid with their Appurtenances amongst other entred and was thereof seized in her Demesn as of Freehold the remainder thereof in form aforesaid And the said Anne so thereof being seized afterwards and before the time in which c. that is to say the day in the year of the Reign of the said late King Henry the 8th At Worminghurst in the said County of Sussex died After the death of which Anne the aforesaid Edward Shelley and Joham his wife into the Tenements aforesaid with the Appurtenances amongst other things entred and were thereof seized in Demesn as of Fee-tail that is to say to them and the heirs of the body of them the said Edward and Joham the remainder unto the said Edward and his Heirs in form aforesaid And so thereof being seized the said Edward and Johan had issue of their bodies Henry Shelley father of the aforesaid Henry Shelley now Defendant his eldest Son and Richard Shelley his second Son which Richard Shelley is yet living and in full life and that the said Edward and Johan being thereof so seized the said Johan afterwards and before the time of the Trespass aforesaid died and the aforesaid Edward her overlived and held himself in the Tenements aforesaid with the Appurtenances and was thereof seized in his Demesn as of Fee-tail the remainder thereof to him and his Heirs for ever as before is said And the said Jurors also say upon their Oaths aforesaid That the said Henry Father of the aforesaid now Defendant had issue of his body lawfully begotten Mary Shelley his daughter and that the said Henry Shelley died in the life of the said Edward his Father one Anne then wife of the said Henry being quick and great with childe with the aforesaid Henry Shelley now Defendant in the Declaration named And the said Edward Shelley so being thereof seized afterwards the 25th day of September in the years of the Reigns of Philip and Mary late King and Queen the first and second by his Indenture sealed with his Seal bearing date the said day and year first delivered the sixth day of October then next following made between him the said Edward Shelley by the name of Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Marten of the other part the tenour of which Indenture followeth in these words ss This Indenture made the 25th day of September in the first and second years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the grace of God King and Queen of England France Neapolis Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicil Archdukes of Austria Dukes of Millain Burgundy and Brabant Earls of Haspuag Tirol and Flanders between Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Martin of the other part Witnesseth That it is fully Covenanted Granted Condescended and Agreed between the said Parties in manner and form following That is to say first the said Edward Shelley for and upon divers great and urgent causes and considerations him moving doth Covenant Grant Condescend Promise and Agree for him his Heirs and Executors to and with the said Richard Cooper and William Martin and their Executors by these Presents That he the said Edward Shelley shall permit cause and suffer the said Richard Cooper and William Martin or the survivor of them at the proper costs and charges of him the said Edward Shelley his Heirs and Executors Administrators or Assigns on this side the Feast of All Saints next ensuing the date of these presents to recover against him the said Edward his Heirs or Assigns by Writ of Entre sur Disseisin enle Post The Mannors oâ— Worminghurst Barhamwick and Fyndon with the Appurtenances in the said County of Sussex and all other his Lands Tenements Possessions and Hereditaments with the Appurtenances set lying and being in Fyndon Worminghurst Barhamwick Patching Eastangmering Westangmering Wyginholt Sterington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley in the said County Except only the Manors of Sillington and Cobden with the Appurtenances in the said County and except also all those Lands Tenements and Hereditaments called or known by the name of Cobden Pullets Firses and Palmerishcomb with all and singular their appurtenances And the said Edward Shelley covenanteth Granteth and Promiseth by these presents to and with the said Richard Cooper and William Martin that at the time of the said Writ of Entry brought against him of the Premises and at the time of the said Recovery had he the said Edward shall be sole Tenant of the Freehold of
all and singular the said Mannors except before excepted and that the said Writ shall be brought and sued against him the said Edward Shelley of all and singular the said Manors and Premises except before excepted by the name of the Manor of Worminghurst Barhamwick and Fyndon with the Appurtenances and by the name of 30 Messuages 10. Tofts one Water-mill 2. Culver-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Firzes and Heath and eight pound 10 s. of Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wyginholt Storington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley and of the Advowson of the Church of Worminghurst and that the said Recovery had of all and singular the premises shall be suffered and had to the uses profits behoofs and intents hereafter specified and declared and to note other use or intent That is to say Of the said Mannor of Fyndon with the Appurtenances except the Park of Fyndon and except also all those Lands Tenements and Hereditaments in Fyndon aforesaid called or known by the name ef the Park of Fyndon the said Recovery thereof shall stand and be to the only use profit and behoof of him the said Edward Shelly and of the Heirs males of his body lawfully to be begotten and for lack of such issue to the use profit and behoof of the heirs Males of the body of John Shelley Esquire sometimes of Michael Grove deceased Father of the said Edward and of the heirs Males of the body of the said heirs Males lawfully begotten and for lack of such Issue to the use and behoof of the right Heirs of the said Edward Shelley for ever And of the said Manors of Worminghurst and Barhamwick with the Appurtenances and of the said Park of Fyndon and of all the said Lands Tenements and Hereditaments called or known by the name of the Park of Fyndon and of all and singular other the premises with the Appurtenances comprised or to be comprised in the said Writ of Entry and in the said recovery it is granted condescended and agreed between the said parties and the said Edward Shelley covenanteth granteth That the said Recovery thereof shall be suffered and had to the only use profit and behoof of them the said Edward Shelley and his Assigns for and during the term of the life natural of the said Edward Shelley without impeachment of or for any manner of waste and after the decease of the said Edward Shelley then to the only use profit and behoof of John Carrel and John Apsley of Thackham Esquires and Edward Darkenold of Slynford in the said County of Sussex Yeoman and of their Executors and Assigns for and during the term of 24. years next ensuing after the decease of the said Edward Shelley and after the 24. years ended then to the only use profit and behoof of the Heirs Males of the body of the said Edward Shelley lawfully begotten and for lack of such issue then to the use profit and behoof of the Heirs Males of the body of the said John Shelley sometimes of Michael Grove Esquire deceased father unto the said Edward Shelley and to the Heirs Males of the body of the said Heirs Males last before rehearsed lawfully begotten and for lack of such issue to the use profit and behoof of the right heirs of the said Edward Shelley for ever And the said Edward Shelley further Covenanteth Promiseth and granteth to and with the said Richard Cooper and William Martin That he the said Edward Shelley shall and will from time to time do suffer procure make and acknowledge and cause to be had done suffered procured and acknowledged at his own proper costs and charges All and every such act and acts thing and things as shall be devised or avised by the said Richard Cooper and William Martin or the survivor of them as well for the said recovery to be perfectly surely and lawfully had and executed of all and singular the said Mannors Lands Tenements and Hereditaments with the Appurtenances by the said Richard Cooper and William Martin to the uses purposes and intents in these Indentures specified declared and contained as also for the further surety establishment execution perfecting and continuance of all and every the said uses estates and other the premises to be and go according to the Covenants promises Articles and Agreements in these present Indentures contained In witness whereof the parties abovesaid to these present Indentures interchangeably have set their Seals the day and year first abovesaid And the Jurors aforesaid further say upon their Oath That the Tenements aforesaid in the Indenture aforesaid excepted are not the Lands Tenements in the Declaration abovesaid specified And that the aforesaid Edward Shelley so being thereof seized The aforesaid Richard Cooper and William Martin the 20th day of September in the year of the Reigns of the said late King and Queen the first and second abovesaid out of the Court of the said late King and Queen of their Chancery at Westminster in the County of Middlesex sued forth a Writ of the said late King and Queen to the then Sheriff of Sussex directed against the said Edward Shelley By which Writ it was commanded the said Sheriff of Sussex That he command the aforesaid Edward Shelley that justly and without delay he render to the aforesaid Richard Cooper and William Martin the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill two Dove houses thirty Gardens 400. Acres of Land 60. acres of Meadow 400. acres of Pasture 120. acres of Wood 500. acres of Firzes and Heath and 8 l. 10 s. Rent with the appurtenances in Fyndon Wominghurst Barhamwick Patching Estangmering Westangmering Wighenhold Storington Ashington Greensted Ashurst Stering Weston Thackham and Shipley And also the Advowson of the Church of VVarminghurst which he claimeth to be his Right and Inheritance And in which the said Edward had not Entry But after Disseisin with Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past as they said And whereupon they complained That the aforesaid Edward them Deforced c. And unlesse he should do it And the aforesaid Richard and William him the said Sheriff secured for the prosecuting of his claim Then he summon the aforesaid Edward that he be before the Justices of them the said late King and Queen at Westminster in 8. dayes of Saint Michael then next insuing to shew wherefore he had not done it and to have there the Summons the Writ aforesaid At which 8. dayes after Saint Michael before the Justices of the said late King and Queen come the aforesaid Richard Cooper and William Martin by John Bish their Attorny And the Sheriff that is to say Thomas Saunders Knight retorned that Richard and William found to
to the value of 20. l. growing with certain cattel trod and consumed and other harms to him did to the grievous damage of him the said William Thoroughgood and against the Peace of the Lady the Queen that now is c. And whereupon The said William Thoroughgood by William Aylesbury Attorney complaineth That the aforesaid William Cole the 12th day of October in the year of the Reign of the Lady the Queen that now is the 23. with force and arms the Close and House of him the said William Thoroughgood at great Paringdon aforesaid brake and his grass to the value c. there late growing with certain cattel that is to say Horses Cows Hogs and Sheep fed trod and consumed the Trespass aforesaid as to the feeding treading and consuming of the grass aforesaid from the aforesaid 12th day of October in the 23th year abovesaid until the day of the bringing of this Writ Original of him the said William Thoroughgood that is to say the 6th day of November then next following diverse dayes and terms continuing and other harms c. To the grievous damage c. and against the Peace c. and whereupon he saith he is the worse and hath damage to the value of 40. l. and thereof he bringeth Sute c. And the aforesaid William Cole by Thomas Reynolds his Attorney cometh and defendeth the force and injury when c. And as to the coming with force and arms he saith That he is not guilty thereof and of this puts himself upon the Country and the aforesaid William Thoroughgood likewise And as to the rest of the Trespass aforesaid above supposed to be done The said William Cole saith That the aforesaid William Thoroughgood ought not to have his Action against him because he saith That the Close and House aforesaid as also the places in which it is supposed the Trespass aforesaid to be done are and at the time of the Trespass aforesaid above supposed to be done were one Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenement in great Paringdon aforesaid which Tenements with the apturtenances are and the aforesaid time of the Trespass aforesaid above-supposed to be done were the soyl and Freehold of him the said William Cole for which the aforesaid William the aforesaid time in which c. the Close and House aforesaid as his Close and soyl and Freehold of him the said William into the same Messuage and two Acres of Meadow with the appurtenances brake and the grass of him the said William Cole there of his own there growing with his Cattel did feed tread and consume as it was lawfull for him to do And this he is ready to aver whereupon he demandeth Judgemēt whether that the aforesaid Wil. Thoroughgood his action aforesaid against him ought to have c. And the aforesaid William Thoroughgood saith That he for any thing before alledged from having his Action aforesaid ought not to be barred because he saith That the Close and house and also the places in which the Trespass aforesaid whereof he above maketh complaint was are and at the time of the Trespass aforesaid done were one Messuage called Burrowes 8. Acres of Land called the great West field four Acres of Land called Diggins Holme and six Acres of Land called Grove field with the Appurtenances in great Paringdon aforesaid others then the aforesaid Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenements in the Bar of the aforesaid William Cole above specified and this he is ready to aver wherefore in as much as the said William Cole to the Trespass aforesaid in the Tenements aforesaid with the Appurtenances new assigned over doth not Answer the aforesaid William Thoroughgood demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole as to any Trespass in the aforesaid Tenements now assigned supposed to be done he saith That the aforesaid William Thoroughgood his action against him ought not to have because he saith That long before the aforesaid time of the Trespass aforesaid above supposed to be done That the aforesaid William Thoroughgood was seized of the said Tenements with the Appurtenances new assigned in his Demesn as of Fee and so thereof being sized before the aforesaid time in which c. A Fine was Levied in the Court of the Lady the Queen that now is here that is to say at Westminster in 8. days of St. Hillary in the 10th year of her Reign before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards from the day of Easter in 14. days then next following granted and recorded before the same Justices and other the Queens faithfull peuple then and there present between William Chicken and Elizabeth his wife Plaintiffs and the aforesaid William Thoroughgood and Agnes his wife Defendants of the Tenements aforesaid with the Appurtenances amongst other things by the names of one Messuage one Garden 45. Acres of Land 5. Acres of Meadow 10. Acres of Pasture and four Acres of Wood with the Appurtenances in great Paringdon and Avydon whereof a Plea of Covenant was sued between them in the said Court here That is to say that the aforesaid Will. Thoroughood Agnes his wife acknowledged the Tenements aforesaid to be the Right of the said VVilliam Chicken as those which the said VVilliam and Elizabeth had of the gift of the aforesaid VVilliam Thoroughgood and Agnes and them remised and quit claimed from them the said VVilliam Agnes and their Heirs to the aforesaid VVilliam Chicken and Elizabeth the Heirs of the said VVilliam forever which Fine in form aforesaid levied and had was levied to the use of the aforesaid William Chicken and Elizabeth and the Heirs of the said William forever By vertue of which Fine the aforesaid William Chicken and Elizabeth were seized of the Tenements aforesaid that is to say The said William Chicken in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for the term of her life And the said William and Elizabeth so thereof being seized before the aforesaid time in which c. Of the said Tenements with the Appurtenances enfeoffed one Edward Turner Esauire To have to him and his Heirs for ever By vertue of which Feoffment the aforesaid Edward was of the Tenements aforesaid with the Appurtenances seized in his Demesn of Fee By which the said William Cole as servant to the said Edward and by his Commandment the aforesaid tim in which c. the Close and House aforesaid as the Close and House soyl and Freehold of the said Edward his own brake and the grass aforesaid as the proper grass of him the said Edward in the Tenements aforesaid with the Appurtenances new assigned then growing with his Cattel aforesaid fed trod and consumed as it was lawfull for him to do And this he is ready to aver whereupon he
done are and the aforesaid time in which it is supposed the Trespass aforesaid to be done were 10. Acres of Land called Bromfield with the appurtenances in Marton aforesaid which 10. acres of Land with the appurtenances are the Soil and Freehold of the said Christopher And that the said Christopher the aforesaid time in which c. the Close aforesaid as his own Close Soil and Freehold of him the said Christopher in the said 10. acres of Lands with the appurtenances brake and the Corn there as his own Corn there growing in the aforesaid 10. acres with the Appurtenances as in his own Soil and Freehold there trod and consumed as it was lawful for him to do and this he is ready to aver Whereupon he demandeth Judgement if the aforesaid Anthony his Action aforesaid against him ought to have c. And the aforesaid Anthony saith that he by any thing before alleged ought not to be barred from having his Action aforesaid Because he saith That the Close aforesaid as also the places in which the Trespass aforesaid above complaineed of was done are and the time aforesaid of the Trespass aforesaid done were 4. acres of Land with the Appurtenances called Scarhill Set and VVatersey Mire in Marton aforesaid others than the aforesaid 10. acres of Lands called Bromfield with the Appurtenances in the Bar of the said Christopher above specified And this he is ready to aver Wherefore in as much as the aforesaid Christopher to the Trespass aforesaid in the aforesaid 4. acres of Lands with the Appurtenances above new assigned done doth not answer The said Anthony demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid Christopher as to any Trespass in the aforesaid 4. acres of Land with the appurtenances new assigned above supposed to be done saith that he thereof is not guilty as the aforesaid Anthony against him complaineth And of this puts himself upon the Country And the aforesaid Anthony likewise Therefore it is commanded to the Sheriff That he cause to come here in the Morrow of the Holy Trinity 12. c. by whom c. And who neither c. To Recognize c. Because as well c. At which day here come the parties And the Sheriff sent not the Writ c. Therfore as at first it is commanded to the Sheriff That he cause to come here from the Holy Trinity in 3. Weeks 12. c. To Recognize in form aforesaid c. At which day the Jurors between the parties aforesaid of the aforesaid Plea between them were put in respite here until this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to take Assizes in the County aforesaid assigned by the form of the Statute c. Upon Monday the 14th day of July last past at the Castle of York in the said County should first come And now here at this day come as well the aforesaid Anthony as the aforesaid Christopher by their Attornies aforesaid and the aforesaid Justices to Assizes before whom c. sent here their Record in these words Afterwards the day and place within written within contained before John Clench one of the Justices of the Lady the Queen to Pleas before the Queen her self to be holden assigned And Shomas Walmesly one of the Justices of the said lady the Queen of the Bench Justices of the said Lady the Queen to Assizes in the County of York to be taken assigned by the form of the Statute c. came as well the within named Anthony Baldwin as the aforesaid within written Christopher Marton by their Attornies within mentioned And the Jurors of the Jury whereof within is made mention some of them that is to say William VVharton of Dunkeswick Gentleman Adam VVyre of Ayrton Yeoman John Brown of Pathorn Yeoman Ralph VValker of Bolton Gentleman Thomas Preston of Whengille Yeoman and Henry Laycock of Felliface Yeoman come And the Jurors aforesaid are sworn And because that the rest of the Jurors of that Jury did not appear Therefore others of the Standers by to this chosen by the Sheriff of the County aforesaid are at the request of the said Anthony and by the Commandment of the Justices new added whose names to the Pannel within written are filed according to the form of the Statute in such case made and provided And the Jurors so a new added now appearing that is to say Gabriel Green William Newby John Hawton John Brorcey John Craven and WILLIAM RICHARDSON come who to say the truth of the within contained together with theother Jurors aforesaid first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done The aforesaid 4. acres of Land with the Appurtenances in which c. were parcel of the possessions of the late Monastery or Priory of Bolton in Craven and that one Richard late Prior of the Priory or Monastery aforesaid was seized of one Tenement Messuage or Farm called Vngthorpe in the Parish of Marton in Craven whereof the aforesaid four Acres of Land with the Appurtenances within new assigned are and the within written time in which c. were parcel in his Demesn as of Fee in the Right of his Monastery aforesaid and so thereof being seized The said late Prior with the assent of the Covent of the same place the 26. day of December in the year of the Reign of the Lord Henry late King of England the 8th the 25th By an Indenture sealed with the Common Seal of the aforesaid Prior and Covent to the Jurors in evidence shewed demised the aforesaid Tenement Messuage and Farm whereof the within written 40. Acres of Land with the appurtenances then were and yet are parcel to one Hugh Baldwin and Agnes his Wife To have and to hold to the said Hugh Baldwin and his Assigns from the date of the Indenture aforesaid unto the end and term of 31. years fully to be ended By vertue of which Demise The said Hugh and Agnes in the aforesaid four Acres of Land with the appurtenances in which c. entred and were thereof possessed the Reversion thereof to the aforesaid Prior and his Successors And the aforesaid Hugh and Agnes of the aforesaid four Acres of Lands with the appurtenances in which c. for the Term aforesaid being possessed the Reversion thereof to the aforelate Prior in form aforesaid ezpectant By a certain Act in Parliament of the said late King Henry the 8th at Westminster in the County of Middlesex the 28th day of April in the 31. year of his Reign begun and continued until the 28th day of June then next following and there then holden amongst other things it is Ordained and established by the said late King and the Lords Spiritual and Temporal and the Commons in the said Parliament
Essex with all and singular Rights Members and Appurtenances whatsoever As also of and in all those Manors and Lordships of Bustingthorp otherwise Buslingthorp and Dunnesby in the County of Lincoln with their Rights Members and Appurtenances whatsoever And of and in all those Manors of Salthorp otherwise Saltrop otherwise Halthrop Chilton and Black-grove in the County of Wilts with their Rights Members and Appurtenances And of and in all those Lands and Pastures called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the County of Wilts And of and in all those Manors of Mihenden otherwise Missenden otherwise called the Manors of Mussenden in the Parish of Wroughton Lydepard and Tregose in the said County of Wilts with all and singular their Rights Members and Appurtenances and of all that Manor of Elcomb and Park called Elcomb Park with the Appurtenances in the said County of Wilts And of and in all that Manor of Wattlescote otherwise Wigglescote otherwise Wiggetscete with the Appurtenances in the said County of Wilts And of and in all that Mannor of Wescot otherwise Wescet with the Appurtenances in the said County of Wilts And of and in all those Lands and Pastures conteining by estimation 100. Acres of Land and 60. Acres of Pasture in Wigglescot Wroughton in the said County of Wilts And of and in all that Manor of Vscot with the Appurtenances in the said County of Wilts And of and in all those two Messuages and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Pasture and 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And of and in all those Manors and Lordships of Campes otherwise Campes-Castle otherwise called Castle Campes with the Appurtenances situate lying being and extending into the Counties of CAMBRIDGE and ESSEX or either of them or elsewhere in the Kingdom of ENGLAND And also of and in all that Manor of Balsham in the County of Cambridge with all and singular Rights Members and Appurtenances whatsoever And also of and in all and singular those Messuages and Lands situate and being in the Parish of Hackney and Tottingham in the County of Middlesex with their Rights Members and Appurtenances whatsoever which Messuage was lately purchased of Will. Bowper Knight the said Lands in Tottenham now are or late were in the Tenure or Occupation of William Benning Yeoman And of and in all and singular Manors Lordships Messuages Lands Tenements Reversions Services Feedings Pastures Woods Advowsons Patronages of Churches and Hereditaments of the aforesaid Thomas Sutton whatsoever situate lying and being in the said Counties of Essex Lincoln Wilts Cambridge and Middlesex or any of them with all and singular their Rights Members and Appurtenances whatsoever in his demesn as of Fee And the said Jurors further say upon their Oath aforesaid That the said Thomas Sutton so thereof being seised before the time in which that is to say At the 4th Session of Parliament begun and holden by Prorogation at Westminster in the County of Middlesex the 9th day of February in the yeer of the Reign of our Lord James by the grace of God of England France and Ireland King Defender of the Faith c. the 7th and of Scotland the 3d. and there continued untill the 24th day of July then next following and then prorogued until the 16th day of October then next following amongst other things it was Enacted and established by Authority of the same Parliament as followeth in these words Humbly beseecheth your Majesty Your Loyal and dutiful Subject Thomas Sutton of Bedsham in the County of Cambridge Esquire That it may please your most excellent Majesty and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled To Enact Ordain Establish And be it Enacted Ordained and Established by the Authority aforesaid That in the Town of Hallingburn otherwise called Hallinborn Bowchers in the County of Essex there may be builded and erected at the Costs and Charges of your suppliant one meet fit and convenient House Buildings and Rooms for the abiding and dwelling of such number of poor People Men and Children as your suppliant shall name by limit and appointment to be lodged harboured abide and be relieved there And for the abiding dwelling and necessary use of one School-master and Usher to instruct the said Children in Reading Writing and the Latine and Greek Grammar And of one Divine and godly Preacher to instruct and teach all the rest of the same House in the knowledge of God and his word And of one Master to govern all these persons of in or belonging unto the same House And that the same shall and may be called The Hospital of King James founded in Hallingbury in the County of Essex at the humble Petition and at the only Costs and Charges of Thomas Sutton Esquire And that the Right Reverend Father in God Richard now Arch-Bishop of Canterbury and his Successors Arch-Bishops there Thomas Lord Ellesmore Lord Chancellor of England and such as after him shall succeed to be Lord Chancellors or Lord Keepers of the Great Seal of England for and during the time they shall so continue or be in the same Office Robert Earl of Salisbury Lord High Treasurer of England and such as after him shall succeed to be Treasurers of England and such as after him shall succeed to be Treasurers of England for and during the time they shall continue or be in the same Office The Reverend Father in God Launcelot Bishop of Ely and his Successors Bishops there Richard Bishop of Rochester and Dean of the Cathedral Church of Westminster and his Successors of and in the same Deanery Sir Thomas Foster Kt. one of the Justices of your Majesties Court of Common-Pleas usually holden at Westminster Sir Henry Hobart Knight your Majesties Attorney General John Overal Doctor of Divinity Dean of the Cathedral Church of Saint Paul in London and his Successors Deans there Henry Thursby Esquire one of the Masters of your Majesties Court of Chancery Thomas Fortescue Thomas Paget Geffrey Nightingale and Richard Sutton Esquires John Law and Thomas Brown Gent. and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your suppliant during his life and after his decease by the most part of them which them shall be Governors of the said Hospital to be and succeed in and to the place and places of him and them deceasing shall and may be the Governors of the said Hospital and of the Members Goods Lands Revenews and Hereditaments of the same at all times hereafter for ever And that the same Governors and Hospital shall for ever hereafter stand and be incorporated Established and founded in name and indeed a body Politick Corporate to have continuance for ever By the name of the Governors of the Hospital
is aforesaid and that it shall and may be Lawfull to and for the said Master Preacher School-master Usher Poor men and Poor Children and Officers of the Hospital to remain assemble be and Cohabit together in the said House Buildings and Hospital And that it may be further enacted by the authority aforesaid and Be it enacted by the authority aforesaid that your said supplyant during his life and that the said Governors and their successors for the time being or the most part of them after his decease shall and may have full power and authority under the said common Seal to make ordayn set down and prescribe such Rules Statues and Ordinances for the Order Rule and Government of the said Hospital and of the said Master Preacher School-Master Usher Poor men Poor Children and Officers and their successors and for their and every of their stipends and allowances as to your said supplyant during his life and the said Governors and their successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down or prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative royal nor to the Laws or Statures of this your Majesties Realm of England nor to any Ecclesiastical Canons of the Church of England then in force and use And that your said supplyant during his life and the said Governours and their successors for the time being or the most part of them and such of them as your said supplyant shall thereto nominate and appoint shall and may after the decease of your said suppliant have power and authority to visit the said Hospital and to Order reform and redress all disorders and abuses in and touching the Government and disposing of the same And further to censure suspend and deprive the said Master Preacher School-master Usher Poor men Poor Children and Officers for the time being and every or any of them as to him and them shall seem Just fit and convenient so alwaies as no Visitation Act or thing in or touching the same be had made or done other than by your supplyant during his life or the said Governours and their successors for the time being or the most part of them after his decease or by such of them as your supplyant shall hereunto nominate and appoint And also that it may be farther enacted by the authority aforesaid and be it enacted by the authority aforesaid that that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use behoof for during so long time as he shall be Preacher Minister there without any other Presentation or Admission Jnstruction or Induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine end when as soon as any such person shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall cease and resign leave or be put out and removed from his said place of Preacher or Minister of the said Hospital Saving alwayes and reserving to your Majesty your Heirs and Successors and to every other person or persons Bodies Politick or Corporate their Heirs and Successors other than your suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Comodities Advantages and Hereditaments whatsoever which they or any of them shall and may have or of Right ought to have of in to or out of the premises or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premises or any part or parcel thereof And other their Respits of Homage or Fines for not payment of Respits of Homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any one of them for or by reason of any Statute hitherto made for concerning or against any Alienation in Mortmain as by the said Act amongst other things it appeareth And further the said Jurors say upon their Oath aforesaid That Thomas then and now Earl of Suffolk Lord Chamberlain of the Kings Houshold before the aforesaid time in which c. was seized of and in a certain Capital Messuage or Mansion-house called or known by the name of Howard House otherwise called The late dissolved Charter-House besides Smithfield situate lying and being in the County of Middlesex with all and singular Rights Members and Appurtenances to the same belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and of and in all that parcel of Land with the Appurtenances commonly called Pardon Church-yard and of all those two Messuages or Tenements and two Closes of Land with the Appurtenances thereunto belonging commonly called Welbech situate lying and being in the said County of Middlesex whereof the aforesaid Capital Messuage with the Appurtenances in the Declaration aforesaid mentioned is and the aforesaid time in which it is supposed the Trespass aforesaid above to be done as also time whereof the Memory of Men is not to the contrary was parcel in his Demesn as of Fee And so thereof being seized The said now Earl of Suffolk before the time in which c. That is to say at Westminster in the County of Middlesex By his certain Indenture between him the said now Earl by the name of the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the most Honourable Houshold of the Lord the King and Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk and Thomas Earl of Arundel and Surrey and William Lord Howard of Naward in the County of Cumberland of the one part and the aforesaid Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part made and within 6. Moneths then next following in the Court of the said Lord the King of Common-Pleas at VVestminster aforesaid then being in due manner of Record Inrolled according to the form of the Statute in such case made and provided one part of which as well with the Seal of the aforesaid Thomas now Earl of Suffolk as with the Seals of the aforesaid Theophilus Lord Howard Thomas Earl of Arundel and Surrey William Lord Howard sealed to the
And that the said Thomas Sutton during his life and after his decease the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors for ever and the Governours of the said Hospital for the time being and their Successors shall have full Power License and lawful Authority at his or their Wills and Pleasures from time to time and at all times hereafter to place therein such number of poor Children or Scholars as to him the said Thomas Sutton during his life and after his decease to the said Governours and their Successors and to the Survivors or Survivor of them and his and their Successors and to the Governours of the said Hospital for the time being and their Successors shall seem convenient And also one godly and learned Preacher to teach and preach the Word of God to all the said persons poor People and Children As also one learned able and sufficient person to be the School-Master of the said School and one learned able and sufficient person to be the Usher thereof to teach and instruct the said Children in Grammar And further we of our said special Grace certain Knowledge meer Motion have ordained constituted assigned limitted appointed and by these presents for us our Heirs and Successors do ordain constitute assign limit and appoint That the said House and other the premises shall from henceforth for ever hereafter be remain continue and be converted imployed and used for an Hospital and House and Place for the abiding sustentation and relief of such number of poor People Men and Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and all and every the Governours of the said Hospital for the time being and their Successors shall name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there and for the abiding dwelling sustentation and relief of such number of poor Children as the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors and Survivor of them and his and their Successors and the Governours of the said Hospital for the time being shall from time to time name assign limit or appoint to be lodged harbored abide and to be maintained and relieved there And for the abiding dwelling sustentation and finding of one School-Master one Usher and one Preacher as is aforesaid and of one Master or Head of the said House and Hospital And that it shall and may be lawful to and for the said Master Preacher School-Master Usher poor people Children Men and Officers of the said Hospital or therein to be placed for the time being to assemble be remain abide and cohabit together in the said Hospital And that the said Hospital shall for ever hereafter be incorporated named and called the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq And the same Hospital and Free-school by the name of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esq We do firmly by these presents for us our Heirs and Successors erect found establish and confirm to have continuance for ever And for the better maintainance and continuance of the said Hospital and Free-school and the said godly and charitable uses intents and purposes and that the same may have and take the better effect and that all and every the Manors Lands Tenements and Rents Reversions Services and Hereditaments Goods and Chattels granted conveied assigned devised willed limitted and appointed for the maintainance sustentation and relief of the persons aforesaid in the same Hospital may be the better governed used imployed and bestowed for the mantainance of the persosn in the said Hospital for the time being to have continuance for ever We Will Ordain and do appoint assign limit and name and for us our Heirs and Successors do grant and ordain by these presents That there shall be for ever hereafter 16. persons who shall be called Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire And for that purpose we have elected nominated ordained assigned constituted limitted and appointed and by these presents do for us our Heirs and Successors elect nominate ordain assign constitute and appoint The Right Reverend Father in God George now Arch Bishop of Canterbury our trusty and Well-Beloved Counsellor Thomas Lord Ellesmere Lord Chancellor of England our trusty and Well-Beloved Cosin and Counsellor Robert Earl of Salisbury Lord High Treasurer of England John the elect Bishop of London Launcelot now Bishop of Elie Sir Edward Coke Knight Chief Justice of the Common-Pleas Thomas Foster Knight one of our Justices of our Court of Common-Pleas Sir Henry Hobart Knight and Baronet our Attorny General John Overal now Dean of the Cathedral Church of Saint Paul in London George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of our Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and the Master of the Hospital of King JAMES founded in the Charter House within the County of Middlesex At the humble Petition and onely costs and charges of the said Thomas Sutton Esquire and such person and persons as shall be from time to time Master or Masters of the said Hospital for and during such time as they shall be Master or Masters thereof to be the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and that they and the Survivors of them and such as the Survivors or Survivor of them from time to time Elect and Chuse to make up the number of 16. when and as often as any of them or any of their Successors shall happen to decease or to be removed from being Governours or Governour thereoâ— shall be incorporated and have a perpetual succession for ever in Deed Fact and Name and shall be one Body Politick and Corporate And that the said persons and their Successors and the Survivors and Survivor of them and his and their Successors and such as shall be elected and chosen to succeed them as aforesaid shall be incorporated named and called by the name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition
and onely costs and charges of Thomas Sutton Esquire And them by the name of Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire One Body Corporate and Politick by that name to have perpetual succession for ever to endure We do by these presents for us our Heirs and Successors really and fully incorporate make erect ordain name constitute and establish And that by the same name of the Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire they and their Successors and the Survivors and Survivor of them and his and their Successors the persons to be elected and chosen as aforesaid shall for ever hereafter be incoporated named called and shall by the same name have perpetual succession for ever And that they by the same name be and shall be and continue persons able and capable in the Law from time to time and shall by that name of Incorporation have full Power Authority and lawful capacity and ability to purchase take hold receive enjoy and have to them and their Successors for ever as well Goods and Chattels as Manors Lands Tenemēts Rents Reversions Annuities Hereditamēts whatsoever as well of us our Heirs Successors as of the said Th. Sutton his Heirs Executors or Assigns or any other person or persons whatsoever And also that the said Governours for the time being and their successors shall have full power and Lawful authority by the aforesaid name of Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charterhouse within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire to sue and be sued implead and to be impleaded to answer and to be answered unto in all manner of Courts and Places that now are or hereafter shall be within this our Realm or elsewhere aswell Temporal as Spiritual in all manner of Sutes whatsoever and of what nature and kind soever such Sutes or Actions be or shall be in the same and as ample manner and form and to all intents constructions and purposes as any other person or persons Bodies politick or corporate of this our Realm being persons able in Law may do And furthermore We will and grant by these presents for us our Heirs and Successors unto the said Governours for the time being and their successors that they and their successors shall have and enjoy for ever a Common Seal wherein shall be engraven the name and Arms of the said Thomas Sutton whereby the said Corporation shall or may Seal any manner of Instrument touching the same Corporation and the Manors Lands and Tenements Rents Revenues Annuities and Hereditaments Goods Chattels and other things thereunto belonging or in any wise touching or concerning the same Nevertheless it is our intent and meaning that the Governours for the time being and their successors nor any of them shall do or suffer to be done at any time hereafter any Act or thing whereby or by means whereof any of the Manors Lands Tenements Rents Reversions Annuities or Hereditaments of the said Corporation or any Estate Interest Possession or Property of or in the same or of any of them shall be conveyed Vested or Transferred in or to any other whatsoever contrary to the true meaning hereof only than by such senses as are hereafter mentioned and that in such manner and form as is hereafter expressed and not otherwise And that such construction shall be made upon this Foundation and Incorporation as shall be most beneficial and availeable for the maintenance of the Poor and for the repressing and of all Acts and devises to be mentioned or put in Ure contrary to the true meaning of the presents And therefore our will and plasure is and so for us our Heirs and successors we do ordayn that the said Governours for the time being or their successors or any of them shall not make any Lease Grant Conveyance or estate of any the Manors Lands Tenements or Hereditaments which shall exceed the number of 21. yeers and that either in possession or not above two yeers before the end or expiration or determination of the estate or estates in posseffion whereupon the accustomable yeerly rent or more by the greater part of five yeers next before the making of any such Lease reserved due and payable shall be reserved and yeerly payable during the continuance of every such Lease And also we do ordayn grant and appoint by these presents for us our Heirs and successors that so often and whensoever any one or more of the said Commissioners for the time being or any other Governour or Commissionor that shall be chosen hereafter shall fortune to depart his life or to be removed from his or their place of Governour or Governours that then and so often the residue of the said Governour or Governours and their successors shall be continue and remain incorporate by the name of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in Charter House within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire to all intents constructions and purposes according to to the true meaning of these presents as if all the said Governour and Governours had continued and that then and so often it shall be Lawfull for the rest of the Governours or the greatest number of them to elect nominate chuse and appoint one or more meet person or persons according to the true intent and meaning of these presents into the Room and place or Room and Places of every such Governour or Governours which shall so depart this life or be removed which person and persons so nominated elected chosen and agreed uppon by the said Governours or the greater number of them shall be and shall be taken and reputed to be from the time of his and their election to be from thenceforth together with the others Governours of the said Hospital And after this manner to proceed whensoever and as often as need shall require And the same election to be made within two Moneths that any of the said Governour or Governours shall depart this Life or be removed and that the aforesaid Thomas Sutton during his life and after his decease the said Governours for the time being or the more part of them shall have full power and authority to nominate assigne appoint and shall and may name assign and appoint when and as often as he and they shall think good such number and numbers of person and persons as he and they shall think convenient to be Poor men Children and Scholars Master Preacher
power and authority for us our Heirs and Successors do will ordayn and graunt that the said Hospital and the Master Preacher School-Master Usher Members and Officers and all other the persons to be placed in the said Hospital sball for ever hereafter be excepted and freed of and from all visitation punishment and correction to be had used or exercised in or upon them or any of them by the ordinary of the Diocess for the time being or by any other person or persons whatsoever other than by the said Thomas Sutton during his life and after his decease by the said Governours for the time being and their successors And further know ye that we for the considerations aforesaid of our special grace certain knowledge and meer motion have given and granted and by these presents do give and grant to the said Governours of the Lands possessions and Goods of the Hospital of King James founded in Charterhouse within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire and their successors for ever our special License and free and Lawfull liberty power and authority to get purchase receive and take to them and their successors for ever for the maintainance sustentation and reliefe of all and every the person and persons to be placed in the said Hospital of and from the said Thomas Sutton his Heirs and assigns the said great and large Mansion House commonly called Charter-house besides Smithfield together with all the Houses Buildings Courts Yards Gardens and other Hereditaments lately purchased by the said Thomas Sutton of the said Thomas Earl of Suffolk and all those his Manors and Lordships of Southminster Norton little Hallingbury otherwise Hallingbury Bowchers and Much Stambridge in the County of Essex with all their and every of their Rights Members and Appurtenances whatsoever And also all those Manors and Lordships of Baslingthorp and Dunnesby in the County of Lincoln with their and every of their Rights Members and Appurtenances whatsoever And also of all those his Manors of Salthorpe otherwise Saltrop otherwise Halthrope Chilton and Black-grove in the County of Wilts with their and every of their Rights Members and Appurtenances And also all those his Lands and Pasture grounds called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the said County of VVilts And also all that his Manor of Missenden otherwise called the Manors of Missenden in the Parishes of VVroughton Lydyard and Tregoce in the said County of VVilts with all his Rights Members and Appurtenances And all that his Manor of Elcombe and the Park called Elcombe Park with the Rights Members and Appurtenances in the said County of VVilts And all that his Manor of VVit-lescot otherwise VViglescot otherwise VViglescete with the Appurtenances in the County of Wilts And also all that his Manor VVescote with the Appurtenances in the said County of VVilts And also all those his Lands and Pastures contayning by estimation 100. Acres of Land and 60. Acres of Pasture with the Appurtenances in VVigliscot and VVroughton in the said County of Wilts And all that his Manor of Offcote with the Appurtenances in the said County of Wilts And also all those his two Messuages and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow and 300. Acres of Wood with the Appurtenances in â—rodehinton in the said County of Wilts And also all those the Manors and Lordships of Campes otherwise Campes-Castle otherwise called Castle Campes with the Appurtenances situate lying being extending in the Counties of Cambridge and Essex or in either of them or else where within the Realm of England And also all that his Manor of Balsham in the County of Cambridge with all and singular the Rights Members and Appurtenances thereof whatsoever And also all those his Messuages Lands lying and being in the Parishes of Hackney Tottenham in the County of Middlesex or either of them with their and every of their Rights Members and Appurtenances thereof whatsoever which late Messuage was lately purchased of Sir William â—owper Knight and the said Lands in Tottenham are now and late were in the Tenure or Occupation of William â—enning Yeoman And also all and singular the Manors Lordships Messuages Lands Tenements Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of the said Thomas Sutton whatsoever situate lying and being within the said Counties of Essex Lincoln VVilts Cambridge and Middlesex or in any of them with all and every of their Rights Members and appurtenances whatsoever or any such and so many and such part of the said Manors Advowsons Lands Tenements and Hereditaments or any part thereof as the said Thomas Sutton shall seem meet And also all Letters Patents Indentures Deeds Evidences Bonds and Writings concerning the premises or any of them which shall be so given and granted by the said Thomas Sutton to the said Governours and their Successors And all such Commissions Warrants Vouchers Actions Sutes Entries Benefits and Demands as shall and may be had by any person or persons upon or by reason of them or any of them except all his Manors or Lordships of Littlebury Haddestock w th the Appurt in the County of Essex aforesaid or in either of them though the premises or any of them be holden of us immediately in Chief or by Knights service or otherwise howsoever And without License or Pardon for Alienation of them or any of them the Statute of Mortmain or any other Act Statute Ordinance of Provision to the contrary notwithstanding And also we do give and grant like License Power and Authority to the said Thomas Sutton his Heirs and Assigns to give grant and assure unto the said Governours and their Successors for the uses intents and purposes aforesaid And all and every the said great large Mansion-House commonly called the Charter-House besides Smithfield together with the Houses Buildings Courts Yards Gardens Orchards Closes and other Hereditaments lately purchased of the said Thomas Earl of Suffolk all those his Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Much Stanbridge in the said County of Essex with all their and every of their Rights Members and Appurtenances whatsosoever And also all those his Manors and Lordships of Bustingthorp otherwise â—â—stingthorp and Dunnesby in the Countyof Lincoln with their and every of their Rights Members and Appurtenances whatsoever And all thâ—â—e his Manors of Salthorp otherwise Saltrop otherwise Haâ—â—horp Chilton â—â—d 〈…〉 grâ—ve in the County of Wilts with their and every oâ— their Rights Members and Appurtenances And also all those his Lands and Pasture Grounds called Blackgrove containing by estimation 200. Acres of Pasture with their Appurtenances in Blackgrove and Wroughton in the said County of Wilts And also all that his Manor of Misenden otherwise called the Manor of Misunden in the Parishes of Wroughton Lidyard and Tregose in the
George Mountain Dean of the Collegiate Church of Westminster Henry Thursby Esquire one of the Masters of our Court of Chancery Jeffery Nightingale Esquire Richard Sutton Esquire John Law Gentleman Thomas Brown Gentleman and John Hutton Clerk Master of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of the said Thomas Sutton Esquire the first and present Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Chater-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire of the other part Witnesseth That whereas It hath pleased the Kings most Excellent Majesty that now is By his Highnesse Letters Patents bearing date at Westminster the 22th day of June in this present 9th yeer of his Highnesse over England upon the humble Sute of Thomas Sutton to give License Power and Authority to him the said Thomas Sutton to place erect found and establish at or in the said House called the late dissolved Charter-House besides Smith-field within the said County of Middlesex One Hospital House or place of abiding for the finding sustentation and relief of poor aged maimed needy and impotent people As also to place found and establish at or in the said House One Free-school for the instructing maintainance and education of poor Children or Scholars And that the said Hospital should ever after be incorporated named and called The Hospital of King JAMES founded in the Chater-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire And that he the said Thomas Sutton during his life and after his death the Governours and their Successors for ever should have full Power License and Authority to ordain appoint and place therein a Master a Preacher a School-Master and Usher and such number of poor people Scholars and Officers as they should think meet And in default thereof his Majesty his Heirs and Successors And where likewise our said Sovereign Lord the King Majesty by the said Letters Patents hath incorporated the said Lord Arch Bishop Lord Chancellor Lord Treasurer Iohn Bishop of London Bishop of Elie Sir Edward Coke Knight Sir Thomas Foster Knight Sir Henry Hobert Knight and Baronet John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law Thomas Law Thomas Brown and the Master of the said Hospital for the time being by the name of Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire And moreover hath hereby granted License as well to the said Governours and their Successors to have take and purchase as also License and Authority to the said Thomas Sutton his Heirs and Assigns to give grant and assure unto the Governours and their Successors for the better continuance of the said Hospital and Free school for ever and for the better maintainance of the Master Preacher School Master Usher and such number of poor people Scholars and Officers of and in the said Office for ever as shall be therein placed as aforesaid And all and every the Manors Lands Tenements Rents Reversions Advowsons and Hereditaments hereafter herein mentioned to be granted or conveied as in the said Letters Patents amongst other things more at large may appear Since which said Letters Patents The said Thomas Sutton hath by his Deed under his Hand and Seal bearing date the 13th day of October last ordained and appointed the said John Hutton to be the first present Master of the said Hospital according to the purport Tenor and true meaning of the said Letters Patents And the said Tho. Sutton being minded in his life time to perfect the said godly charitable act himself and not to leave it to be perâ—ected after his death by others This Indenture therfore witnesseth That the said Tho. Sutton for and in consideration of the continuance of the said Hospital and Free-school for ever hereafter and for the better maintainance of the said Master Preacher School-master Usher poor people Scholars and Officers for ever hereafter with the Rents Revenews Issues Commodities and Profits of the Manors Lands Tenements Rents Reversions Advowsons and Hereditaments hereafter in these presents mentioned to be conveied and for and in consideration of the sum of 5. pound of lawful Mony of England by the said Lord Arch-Bishop and other the Governours aforesaid paid which said sum of 5. pound he the said Thomas Sutton confesseth and acknowledgeth himself to have received of the said Governours and thereof doth acquit and discharge the said Governours for ever by these presents And in consideration of the yeerly Rent of 12. d. of lawful Mony of England hereafter in and by these presents reserved to the said Thomas Sutton and his Heirs And for divers other good and reasonable considerations him especially moving according to the said License of the Kings Majesty to him the said Thomas Sutton in that behalf given Hath bargained sold granted and confirmed and conveied and by these presents doth for him and his Heirs bargain sell give grant confirm and convey unto the said Governours of the Lands Possessions Revenews and Goods of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex at the humble Petition and onely costs and charges of Thomas Sutton Esquire and to their Successors for ever All that the Mansion-house commonly called the Charter-house besides Smith-field in the said County of Middlesex And all and singular the Messuages Houses Courts Yards Gardens Orchards Closes and other Hereditaments within the County of Middlesex lately purchased by the said Thomas Sutton of the Right Honourable Thomas Earl of Suffolk And all those his Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Much Stanbridge in the County of Essex with all their and every of their Rights Members and Appurtenances whatsoever And also all those his Manors and Lordships of Bustingthorp otherwise Baslingthorp and Dunnesby in the County of Lincoln with their and every of their Rights Members Appurtenan whatsoever And all those his Manors of Salthorp otherwise Saltrop otherwise Halthorp otherwise Halstrop Chilton Black grove Vsscot Misenden otherwise Misenden Waklescot otherwise Wiglescot otherwise Wiglescet VVescote oâ—herwise Wescete and Elcomb in the County of Wilts with their and every of their Rights Members and Apurtenances And all those his Lands and Pasture Grounds called Black grove containing by estimation 200. Acres of Pasture with their Appurtenances in Black grove and Wroughton in the said County of Wilts And also all those Lands and Pastures containing by estimation 100. Acres of Land 60. Acres of Pasture with the Appurtenances in Wiglescote and Wroughton in the said County of Wilts And also all those his two Messuages
and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge with all and singular the Rights Members Appurtenances thereof whatsoever And all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said last mentioned Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all and singular the Manors Lordships Messuages Lands Tenements Rents Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches Liberties Priviledges Franchises and other Hereditament whatsoever of the said Thomas Sutton situate lying and being or to be had taken and enjoyed within the said County of Essex Lincoln Wilts Cambridge and Middlesex or in any of them with all and every their Rights Members and Appurtenances whatsoever And all Letters Patents Indentures Deeds Charters Extents Court Rouls and other Writings Minuments and Evidences whatsoever concerning the premises or any of them or any part or parcel of them or any of them Except and allwaies foreprized out of these presents the Manors or Lordships of Little Hallingbury and Haddestock or either of them or to the said Manors of Little Hallingbury and Haddestock or either of them belonging or appertaining To have and to hold the said Mansion-House called the Charter-House besides Smithfield And all and every the said Manors Lordships Messuages Parks Lands Tenements Reversions Services Advowsons Liberties Franchises Priviledges and Herediataments and all other the premises with their and every their Members and Appurtenances except before excepted unto the said Governours of the Lands Possessions Revenews and goods of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and their Successors for ever upon special trust and confidence That all singular the Rents Issues Revenews Cōmodities and profits of all singular the said Manors Houses Lands Tenements Hereditaments and other the premises with their Appurtenances shall be for ever hereafter from time to time truly faithfully and wholy distributed converted and imployed by the said Governours and their Successors to and for the maintainance continuance of the said Hospital and Free-School and of the Master Preacher School-Master Usher poor people Scholars Officers of and in the said Hospital and Free-school for the time being and at all times hereafter and from time to time for ever according to the true intent purport and meaning of the said Thomas Sutton and according to the Tenor and purport of the said Letters Patents and of these presents and to none other trust use confidence interest purpose or imployment whatsoever Yielding and paying therefore yeerly unto the said Thomas Sutton and his Heirs the yeerly Rent of 12. pence at the Feast of the Nativity of Saint John the Baptist yeerly to be paid And when and as of often as the said yeerly Rent of 12. pence shall be behind and unpaid at any Feast whereon the same ought to be paid That then and so often It shall be lawful for the said Thomas Sutton and his Heirs into the pemises and into every or any part or parcel thereof to enter and distrem and the distresse and distresses there taken to take lead and carry away and with him and them to detein until he and they be satisfied of the said Rent and the Arrerages thereof if any may be In witnesse whereof the parties first above named to these present Indentures interchangeably have set their Hands Seals the day and yeer first above written And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of the aforesaid premises with the Appurtenances in the County of Middlesex as before is said being seised The said Thomas Sutton after the aforesaid Indenture of Bargain Sale of the premises with the Appurtenances whereof c. by the aforesaid Thomas Earl of Suffolk to the aforesaid Thomas Sutton made and after the Inrollment of the aforesaid Indenture and before the Letters Patents aforesaid by the said Lord the King that now is as is said made and before the aforesaid Indenture made Between the aforesaid Thomas Sutton of the one part And the aforesaid George Arch-Bishop of Canterbury Primiate and Metropolitan of all England and others of the other part bearing date the first day of November in the yeer of the Reign of the Lord the King that now is the 9th abovesaid Appointed one Richard Bird to be Porter of the said Messuage called the late dissolved Charter-House besides Smith-field of the aforesaid Thomas Sutton which Richard Bird continued Porter of the said Messuage after the said Indenture made Between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the aforesaid first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid until the death of the said Tho. Sutton And further the Jurors say upon their Oath aforesaid That the said Thomas Sutton afterwards and before the time in which c. that is to say the second day of November in the yeer of our Lord 1611. made his Testament and last Will in Writing amongst other things as followeth in these words And my Will and meaning is That unlesse the said Sir Francis Popham the said Lady Ann his Wife do or shall give to mine Executor or Executors A general Acquittance or Release to the elect above mentioned That then as well the said Legacy of 2000. Marks so willed to be given to the said Sir Francis Popham and Ann his Wife as also the other several Legacies given and bequeathed to every of the said Children of Sir Francis Prpham and the Lady his Wife shall remain and be to the use of mine Executor or Executors to be wholly disposed and given by them within one whole yeer after my decease yeerly to the mending of the High-wayes and partly to poor Maids Mariages and partly to the Releasing of poor men that lie in Prison for Debt and partly to the poor people of my intended Hospital when it shall please God it be established and erected Also I give for and towards the building of my intended Hospital Chapel and School-house the sum of 5000. pound Item I
give unto the Treasury and Storehouse of my intended Hospital to begin their Stock with and to defend the Rights of the House 1000. pound of lawful English Mony And I give to every one of my Feoffees whom I have put in trust about my intended Hospital to whom I have not given any thing in this my Will the sum of 26. pound 13. shillings and 4. pence of lawfull Mony of England as by the said Testament and last Will more fully appeareth And further the Jurors say upon their Oath aforesaid That the aforesaid Thomas Sutton afterwards and before the aforesaid time in which c. that is to say the 12th day of December in the yeer of the Reign of the Reign of the said Lord the King that now is the 9th abovesaid at Hackney in the County of Middlesex dyed without issue of his Body lawfully begotten And that the aforesaid Simon Baxter now Plaintiff is and at the time of the death of the said Thomas Sutton was Cosin and next Heir of the aforesaid Thomas Sutton that is to say Son and Heir of Dorothy the onely Sister of the said Thomas Sutton And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law afterwards and before the time in which c. claiming as two Governours of the Lands Possessions Revenues and Goods of the Hospital of King JAMES founded in Chater House within the County of Middlesex at the humble petition and only costs and charges of Thomas Sutton Esquire in the names and to the use of them who are named Governours as aforesaid into all and singular the premises with the Appurtenances called the late dissolved Charter-House besides Smith-field whereof c. entred and were thereof seised as the Law requireth upon the possessions of which Richard Sutton and John Law thereof afterwards and before the time in which c. the aforesaid Simon Baxter into the said premises with the Appurtenances whereof c. entred and was thereof seised as the Law requireth Upon the possession of which Simon Baxter thereof the aforesaid Richard Sutton and John Law the aforesaid time in which into the premises aforesaid with the Appurtenances whereof c. claiming as two Governours of the Lands Possessions Revenews and Goods of the Hospital of King JAMES founded in the Chater-House At the humble Petition and onely costs and charges of Thomas Sutton Esq in the names and to the use of those who are called Governours as afore is said re-entred as the aforesaid Simon Baxter against them complaineth And further the Jurors say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law in the aforesaid Act of Parliament of the 7th year of King JAMES abovesaid and in the aforesaid Letters Patents of the said King and in the aforesaid Indenture of Bargain and Sale made between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid named And the aforesaid Richard Sutton and John Law now Defendants are one and the same persons and not others nor divers And that the aforesaid Thomas Lord Ellesmere Robert Earl of Salisbury the Reverend Father Launcelot Bishop of Elie Thomas Foster Henry Hobert John Overal Henry Thursby Jeffery Nightingale Richard Sutton John Law and Thomas Brown in the aforesaid Act of Parliament of the 7th yeer abovesaid named and in the aforesaid Letters Patents of the said Lord the King and in the aforesaid Indenture of Bargain and Sale made to George Arch Bishop of Canterby and others are one and the same persons and not others nor divers And that the most Reverend Father in God George Arch Bishop of Canterbury Thomas Lord Ellesmere Robert Earl of Salisbury John Bishop of London Launcelot Bishop of Elie Thomas Foster Henry Hobart John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law and Thomas Brown in the aforesaid Letters Patents of the aforesaid Lord the King mentioned and in the aforesaid Indenture of Bargain and Sale made between the aforesaid Thomas Sutton of the one partt and the aforesaid Reverend Father in God Gerrge Arch Bishop of Canterby Thomas Lord Ellesmere Robert Earl of Salisbury John Bishop of London Launcelot Bishop of Elie Edward Coke Thomas Foster Henry Hobart John Overal George Mountain Henry Thursby Jeffery Nightingale Richard Sutton John Law Thomas Brown and John Hutton of the other part are one and the same persons and not others nor divers And that all the Manors Lands Tenements and Hereditaments in the aforesaid Act of Parliament of the 7th yeer abovesaid and in the aforesaid Letters Patents by the aforesaid Lord the King to the aforesaid Thomas Sutton granted and in the Indenture aforesaid of Bargain and Sale made Between the aforesaid Thomas Sutton and the aforesaid George Arch Bishop of Canterbury and others except the Lands Tenements and Hereditaments called the late dissolved Charter House besides Smithfield purchased of the aforesaid Thomas Earl of Suffolk mentioned are one and the same Manors Lands Tenements and Hereditaments and not others nor divers And that the aforesaid Lands Tenements and Hereditaments called the late dissolved Charter-House besides Smithfield in the aforesaid Indenture of Bargain and Sale made Between the aforesaid Thomas Sutton and the aforesaid Thomas Earl of Suffolk and others bearing date the 9th day of May in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid and in the aforesaid Letters Patents of the aforesaid Lord the King to Thomas Sutton aforesaid and in the aforesaid Indenture of Bargain and Sale between the aforesaid Thomas Sutton and the aforesaid Arch Bishop of Canterbury and others likewise named whereof c. are one and the same Lands Tenements and Hereditaments and not others nor divers And that the aforesaid Thomas Sutton in the aforesaid Act of Parliament of the 7th yeer abovesaid named and in the Writing aforesaid to John Hutton aforesaid made is one and the same person and not others nor divers And that the aforesaid George Mountain at the time of the making of the aforesaid Letters Patents of the aforesaid Lord the King was and now is Dean of the Church collegiat at Westminster And that the aforesaid George Mountain in the said Letters Patents of the said Lord the King named and the aforesaid George Mountain in the aforesaid Indenture of Bargain and Sale by the aforesaid Thomas Sutton to the aforesaid Geo. Arch Bishop of Canterbury and others as afore is said made named is one and the same person and not other nor divers And that the aforesaid John Hutton in the aforesaid Writing named and in the aforesaid Indenture of Bargain and Sale of the aforesaid Tho. Sutton named is one and the same person and not other nor divers But
of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Thomas and for default of such issue male of the Body of such ninth Son To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq for term of his natural life without impeachment of any wast after his decease to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Richard and for default of such issue male of such ninth Son to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight Lawfully begotten And for default of such issue male To the use of the right Heirs of the said Richard Vavasor for ever c. Provided c. And farther the Recognitors aforesaid say upon their Oath aforesaid That the aforesaid TenemeÌ„ts with the appurtenances in their view put and in the plaint aforesaid specified and in the recovery aforesaid comprized are parcel of the Mannors Lands and Tenements in the Indenture aforesaid specified and not other nor diverse But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire in form aforesaid made and had bearing date the aforesaid first day of February and first delivered the aforesaid 15th day of February in the 15th year abovesaid after the recovery aforesaid being to the uses in the same specified be good and sufficient in Law to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances or not The said Recognitors are altogether ignorant and thereof pray the advice of the Justices aforesaid and of the Court here c. And if to the same Justices and to the Court here It shall seem That the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the aforesaid Recovery in form aforesaid had and made bearing date the aforesaid first day of February and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified be good and sufficient in Law to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said Recovery of the Tenements aforesaid in view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged And that the aforesaid George Richard Coats John William Robert Thissilwood and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances as the said George Richard Coates John William Robert and Robart above have alleged And if it shall seem to the same Justices and to the Court here that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the Recovery aforesaid in form aforesaid made and had bearing date the aforesaid first day of February in the 15th yeare aforesaid after the aforesaid Recovery is insufficient in Law to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth above have alleged and that the aforesaid Thomas Dowman and Elizabeth were seised of the Tenements aforesaid in the view of the same Recognitors put and in the plaint aforesaid specified with the appurtenances in their demesn as of Fee in the right of the said Elizabeth until the aforesaid Edward Vavasor George Vavasor Richard Coates John Lawson William Musgrave Kobert Thissilwood and Robert ward them the said Thomas and Elizabeth thereof unjustly and without Judgment but not with force and Armes disseised them and then they assesse the Damages of the said Thomas Dowman and Elizabeth by occasion of the disseisin aforesaid besides their costs and charges by them about their sute in this behalf expended to 20 shillings and for their costs and charges to 10 shillings And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following c. to hear their Judgment thereof because the said Juste â—s here are not yet c. and diverse other meetings until Saturday nex after the morrow of All Souls c. Until Saturday next after the morrow of Martin c. And until Wednesday next after 8. dayes of the Holy Trinity c. At which day before the aforesaid Robert Shute and John Glench then Justices c. At the aforesaid Inn of the Justices As well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward George Richard Coats John William Robert and Robert by their Attornies come And because the Justices aforesaid here c Further day is given to the parties aforesaid before the Justices of the said Lady the Queen to take Assizes in the aforesaid County of York assigned at the aforesaid Castle of York until Monday the 6th day of August next comming c. Before which day the said Lady the Queen that now is By other her Letters Patents whose date is at Westminster in the year of her Reign the 24th the Tenor of which followeth in these words c. Elizabeth c. To our Beloved and Faithful John Clench Baron and Francis Gawdy one of her Serjants at Law Greeting Know ye c. And then follow the Letters Patents c. And because the same Justices here will farther avise themselves of and upon the premises before they give their Judgement thereof day c. Before them the said John Clench and Francis Gawdy then Justices c. At the aforesaid Inn until Saturday next after the morrow of All Souls c. At which day the aforesaid John Clench and Francis Gawdy then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not but withdrew themselves from the said Inn because before the said day for the infection of the Air and of the Plague of Men in the City of London and the Suburbs thereof as also in the City of Westminster being the Term of St. Michael which then
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
th year of his Reign and from thence adjorned to Westminster and there holden and from that time continued by divers prorogations untill the 4 th day of February in the year of his Reign the 27 th and then and there holden amongst other things it was enacted That the said late King Henry the 8 th his Heirs and Successors Kings of England should have hold and enjoy to him for ever the Lordships or Manor of Bishops Lynne and Gaywood amongst other with all and singular their Appurâ—enances As also all Liberties Franchises Goods and Chattels Waifes and Strays Views of Frank-pledge Courts profits of Courts and all and singular other Temporal possessions and Hereditaments with the appurtenances in Bishops Lynne and Gaywood aforesaid which late before then belonged to the late Bishop of Norwich as in the said Act of Parliament more fully appeared The said late King Hen. the 8th For that by the said Act the same Mannors and Possessions to him and his Heirs Kings of England were enacted and were willed and Ordained by the same his Letters Patents declared for him and his Heirs That the said Town of Bishops Lynne from thenceforth for ever should be named and called Kings Lynne and not by any other name and that the same name of Bishops Lynne from henceforth should be destroyed and deprived And further the said late King Henry out of his special grace and meer motion and for the love which he bore to the aforesaid his beloved and faithful Subjects The Mayor and Burgesses of his Borough of Lynne aforesaid in his County of Norfolk aforesaid and the said Borough and the Inhabitants of the same he had and bore desiring further peace quiet and tranquillity in the said Borough continually to be had and from time to time to be encreased from whence all prosperity utility and their accommodations undoubted take beginning had condescended and by the same his Letters Patents had granted for him his Heirs and Successors to the aforesaid Mayor and Burgesles and Inhabitants of his Borough aforesaid That they for ever after The name of Mayor and Burgesses of his Borough of Lynne Regis commonly called Kings Lynne in his County of Norfolk should have and enjoy and by the same name should be called and named and not by any other name And that by the same name they should be persons able and capable in Law to have and purchase Lands and Tenements Goods and Chattels and other possessions whatsoever and to plead and be impleaded answer and to be answered defend and might be defended before whatsoever Justices either Judges Temporal or Spiritual in what Court soever and in all and singular Actions â—â—uses Matters Plaints and Demands of what kind soever they should be or nature in the same manner as the other Liege people of the said late King were able and capable in Law to plead and be impleaded answer and be answered defend or might be defended as by the said Letters Patents to the Jurors aforesaid in evidence shewed amongst other things more fully appeareth And farther the Jurors say upon their Oath aforesaid That after the making of the said Letters Patents aforesaid that is to say the aforesaid 27 th day of Ianuary in the year of the Reign of the Lord the King that now is the 6 th within written The aforesaid John Payne the Testator in his life The writing Obligatory in the Declaration above specified made sealed and as his Deed delivered to the aforesaid Mayor and Burgesses of the Borough of the Lord the King of Lynne Regis commonly called Kings Lynne in his County of Norfolk in the aforesaid Letters Patents named By the name of the Mayor and Burgesses of Kings Lynne in the County of Norfolk But whether upon the whole matter aforesaid by them the said Jurors in form aforesaid found the writing Obligatory aforesaid in the Declaration within written be the Deed of the said John Payne or not the same Jurors are altogether ignorant and pray thereof the advise of the Justices and Court here c. And if upon the whole matter aforesaid by them the said Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid in the Declaration within written specified be the Deed of the aforesaid John Payne the Testator Then the said Jurours say upon their Oath aforesaid That the writing aforesaid is the Deed of the said John Payne the Testator and then they assess the damages of the said Mayor and Burgesses by occasion of deteining of the debt within written above their Costs and Charges by them in their sute in this behalf expended to 12. pence and for their Costs and Charges to 12. pence And if upon the whole matter aforesaid by them the Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid be not the Deed of the aforesaid John Payne the Testator Then the said Jurors say upon their Oath aforesaid That the writing aforesaid is not the Deed of the aforesaid John Payne the Testator aâ— the aforesaid John Payne the Executor above in pleading hath alleaged 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 untill c. To hear their Judgement thereof because the said Justices here thereof are not yet c. Dower Trinity Term Anno 80. Of King JAMES Edward Althams Case Co. 8. part fol. 14. a. THomas Lawrence and Marcy his Wife by Charles Cardinal their Attorny demand against Edward Altham Gent. and Margaret his Wife the Third part of 100. Acres of Land 10. Acres of Meadow and 60. Acres of Pasture with their Appurtenances in Gosfield as the Dower of the said Marcy of the Endowment of Thomas Nash the Elder sometimes her Husband c. And the aforesaid Edward and Margaret by John Rowley their Attorny come and say That the aforesaid Thomas and Marcy the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes Husband c. Against them ought not to have because they say That the said Thomas Nash sometimes the Husand c. Was seized of the Tenements aforesaid whereof c. In his Demesn as of Fee and held the same of John Wentworth Esq as of his Mannor of Gosfield with the Appurtenances in the County aforesaid in Free Socage that is to say by Fealty only for all manner of Services and Demands And the said Thomas so of the Appurtenances whereof c. being seised The 10 th day of April in the yeer 1592. at Gosfield aforesaid made his Testament and last Will in writing And by the same his last Will willed and bequeathed the Tenements aforesaid with the Appurtenances whereof to one Zachary Nash Younger Son of the same Thomas Nash To have and to hold to the said Zachary for term of his
life And afterwards there dyed of such estate thereof seised After whose death the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Freehold for the Term of his life by virtue of the bequest aforesaid and the Reversion of the Tenements aforesaid with the Appurtenances whereof c. after the death of the said Thomas did descend to one Thomas Nash as Son and Heir of the aforesaid Thomas Nash sometimes Husband c. By which the said Thomas the Son was seised of the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. as of Fee and Right And the said Thomas so thereof being seised and the aforesaid Zachary of the Tenements aforesaid with the Appurtenances whereof c. So as before is said being seised The aforesaid Marcy after the death of the said Thomas Nash sometimes her Husband c. in the Widdowhood of the said Marcy whilest she was single that is to say The 27 th day of April in the yeer of the Reign of the Lady Elizabeth late Queen of England the 35 th at Gosfield aforesaid by her writing of Release which the said Edward and Margaret with the seal of the said Marcy sealed here in Court bring whose date is the same day and yeer by the name of Marcy Nash the Widdow of Thomas Nash late of Feringe in the County of Essex deceased remised released and altogether for her her Heirs Executors and Administrators for ever quit claimed to the aforesaid Thomas Nash Son and Heir of the aforesaid Thomas Nash sometimes the Husband of the said Marcy by the name of Thomas Nash of Wetherfield in the County aforesaid Yeoman Son and Heir of the said Thomas Nash late her Husband All and all manner of Actions as well Real as Personal all Sutes Quarrels and Demands whatsoever which she the said Marcy or her Executors against the said Thomas Nash Son and Heir Executors ever have or had then had or ought to have or any wayes then might or would have by reason of any thing cause or deed whatsoever from the beginning of the world unto the day of the date of the same Writing of Release After which Writing of Release to the aforesaid Thom. the Son as before is said made The aforesaid Thomas the Son of the Reversion of the Tenements aforesaid with the Appurtenance whereof c. in form aforesaid being seised At Gosfield aforesaid dyed of such his estate thereof seised After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. did descend to the aforesaid Margaret as Daughter and Heir of the aforesaid Thomas the Son By which the said Margaret was seised of the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. as of Fee and Right and she the said Margaret so of the same Reversion as before is said being seised And the aforesaid Zachary of the Tenements aforesaid with the Appurtenances whereof c. in form aforesaid being seised The said Zachary afterwards at Gosfield aforesaid dyed of such his estate thereof seised After whose death the said Margaret into the Tenements aforesaid with the Appurtenances whereof c. entred and was thereof seised in their Demesn as of Fee and Right and so thereof being seised The said Margaret afterwards and before the day of bringing the Original Writ as aforesaid of the said Thomas and Lawrence and Marcy at Gosfield aforesaid took to Husband the aforesaid Edward Altham By which the said Edward and Margaret were and yet are seised of the Tenements aforesaid with the Appurtenances whereof in their Demesn as of Fee in the Right of the said Margaret And this they are ready to aver and demand Judgement if the aforesaid Thomas Lawrence and Marcy Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes the Husband c. against them ought to have c. And the aforesaid Thomas Lawrence and Marcy demand the hearing of the aforesaid Writing of Release And it is read unto them in these words To All Faithful People to whom this present Writing shall come Marcy Nash the Widow of Thomas Nash late of Feringe in the County of Essex greeting in our Lord God everlasting Know Me the aforesaid Marcy being in my pure Widowhood and â—ull power to have Remised Released and altogether for Me my Heirs Executors and Administrators for ever quit claimed to Thomas Nash of Wetherfield in the County aforesaid Yeoman All and all manner of Actions as well real as personal Sutes Quarrels and Demands whatsoever As also all my Dower and Title and Action of Dower to me appertaining by the death of the said Thomas my Husband of any of his Lands and Tenements in Wetherfield aforesaid what or which I the said Marcy or my Executors against him the said Thomas Nash the Son or his Executors I ever had have or any wayes hereafter may have we have or may have by reason of any thing cause or deed whatsoever from the beginning of the World unto the day of the Date of this present Writing of Release And further know ye Me the aforesaid Marcy to have given and Remised to the said Thomas Nash the Son All the Goods late of the said Thomas my Husband which were in the possession of the said Thomas the Son or his Assignes at the time of the making of this deed of Release In Witnesse whereof to this my present Writing I have set my Seal Dated the 27 th day of April in the yeer of the Reign of our Lady Elizabeth by the Grace of God of England France and Ireland Queen defendor of the Faith c. the 35 th Which being read and heard The said Thomas Lawrence and Marcy say That they for any thing before alleged for having the Dower of the said Marcy ought not to be barred because they say That the aforesaid Thomas Nash sometimes Husband c. in his life time and at the time of his death was seised as well of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid As of Two Messuages and 200. Acres of Land with the Appurtenances in Wetherfield aforesaid in his Demesn as of Fee And so thereof being seised at Gosfield aforesaid by his Last Will and Testament in Writing devised the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid to the aforesaid Zachary Nash younger Son of the said Thomas Nash sometimes Husband c. And afterwards at Gosfield aforesaid dyed After whose death the said Thomas Nash the younger as Son and Heir of the said Thomas Nash sometimes Husband c. into the Tenements aforesaid with the Appurtenances in VVetherfield aforesaid entred and was thereof seised in his Demesn as of Fee and Right And the said Zachary into the Tenements aforesaid with the Appurtenances whereof
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
the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Monday next after 8. dayes of St. Hillary to hear their Judgement because the Court of the said Lady the Queen that now is here thereof are not yet c. At which day before the said Lady the Queen at VVestminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill VVednesday next after 15. dayes of Easter to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not as yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen that now is thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because this Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgement because the Court of the said Lady the Queen here thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid Upon which seen and by the Court of the said Lady the Queen that now is here diligently looked into and fully understood all and singular the premises and mature deliberation being thereupon had Because it seemeth to the Court of the said Lady the Queen now is here That the aforesaid re-entry of the aforesaid VVilliam VVilkinson into the said Rectory with the Appurtenances in which c. upon the possession of the said David Loyd is not good and a lawful re-entry in Law It is granted that the said David Loyd shall recover against the said VVilliam VVilkinson his Term aforesaid of and in the Rectory aforesaid with the appurtenances yet to come And his damages by the Jurors in form aforesaid assessed And that the said VVilliam VVilkinson be taken c. And likewise the said David in mercy to the residue of the Trespass and Ejectment aforesaid whereof the said VVilliam VVikinson in form aforesaid stands acquitted And the said VVilliam VVilkinson thereof be acquitted c. Michelmas Term 41. 43. Elizabeth Rott 144. in the KINGS BENCH Bingams Case C. 2. part fol. 82. MEmorandum That at another time that is to say Easter Term last Dors ss past before the Lady the Queen at VVestminster came George Stroud Esquire by Simon Spatchard his Attorny And brought here in Court of the said Lady the Queen his Bill against Ralph Horsey Knight Richard Veal and Edward Goor Gent. in the Custody of the Marshall c. of a Plea of Trespasse and Ejectment of him out his Farm And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Dorset George Stroud Esquire complaineth of Ralph Horsey Kt. Rich. Veal and Edw. Goor For that That is to say That whereas one VVilliam Albert the 7th day of April in the year of the Reign of the Lady the Queen that now is 41. at Melcum in the County aforesaid had demised granted and to Farm letten to the aforesaid George one messuage 120. acres of Lands 40 Acres of Meadow 200. Acres of Pasture and 100. Acres of Furze and Heath with the Appurtenances in Melcum aforesaid in the County aforesaid To have and to hold the Tenements aforesaid with the Appurtenances unto the said George and his Assigns from the Feast of the ANNVNCIATION of the blessed Lady the Virgin MARY then last past untill the end and Term of 6. years and a half of a year from thence next insuing fully to be compleat and ended By virtue of which demise the said George into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Ralph Horsey Richard Veal and Edward Goor after that is to say the 11th day of April in the 41 year aforesaid with force and arms c into the Tenements aforesaid with the appurtenances upon the possession of the said George thereof did enter and the said George from his Farm aforesaid thereof his term aforesaid not being ended did eject expel and amove and the said George from his possessiion thereof did hold out and do yet hold out and other harms did unto him against the peace of the said Lady the Queen to his damage of 100 pound and thereof he bringeth sute c. And now at this day that is to say Tuseday next after 8 dayes of Saint Michael this Term untill which day the aforesaid Ralph Horsey Richard Veal and Edward Goor had Licence to imparl to the said Bill and then to Answer c. before the Lady the Queen at Westminster come aswell the said George Stroud by his Attorney aforesaid as the aforesaid Ralph Horsey Richard Veal and Edward Goor by James Hyde their Attorny and the said Ralph Richard and Edward defend the force and injury when c. and say that they are not thereof guilty and upon that put themselves upon the County and the aforesaid George Stroud likewise c. Therefore a Jury thereof before the said Lady the Queen at Westminster upon wednesday next after 8 days of Saint Hillary and who neither c. to know c. Because aswell c. The same day is given to the parties here c. ss Afterwards process continued between the parties aforesaid of the plea aforesaid by Juries put between the parties aforesaid in respit before the said Lady the Queen at Westminster until wednesday next after 18 dayes of Easter unless first the Justices of the Lady the Queen to take assises in the County first upon Monday the 3 weak of Lent at Dorchester in the County aforesaid by the form of the statute c. come for default of Jurors c. At which Wednesday before the Lady the Queen at Westminster came the parties aforesaid by their Attornies aforesaid And the aforesaid Justices of Assise before whom c. sent thither their Record before them had in these words ss Afterwards the day and place
within conteyned before Thomas Walmsley one of the Justices of the Lady the Queen of the Bench and Edward Fennes one of the Justices of the said Lady the Queen of pleas before the Queen her self holden assigned Justices of the said Lady the Queen to take Assises in the County of Dorset assigned by the form of the statute c. came aswell the within named George Stroud Esquire by Thomas Clayton his Attorny as the within named Ralph Horsey Knight Richard Veal and Edward Goor by Henry Collier their Attorny and the Jurors of the Jury whereof within mention is made some of them appeared and some of them did not appear as it appeareth in the pannel c. and some of the Jurors now appearing that is to say Richard Ham Thomas Tooner John Burt Henry Hâ—rbyn Gentleman John Young Gentleman John Butler Gentleman William Withington John Payn and Christorher Dolling in the Jury aforesaid are sworn and some of the said Jurors now appearing that is to say Thomas Heal Edward Carter Robert Chippe Henry Squib and George Frome because they between the parties aforesaid are found to be suspicious from the pannel aforesaid they were utterly drawn out and because the rest of the Jurors of the said Jury did not appear therefore others of the standers by by the Sheriff aforesaid to that being chosen at the request of the said George Stroud and by the Command of the Justices aforesaid were of new put whose names to the pannel within written are fyled according to the form of the statute in such case thereof late made and is provided and the Jurors so nâ—w put that is to say Clement Jay Nicholas Brown and Thomas Eyres being called likewise appeared who to say the truth of the matters within conteyned together with the other Jurors aforesaid first impanelled Chosen tryed and sworn say upon their Oath aforesaid that the Tenement within written in which it is supposed the Trespass and Ejectment within written to be are and time whereof the memory of men is not to the Contrary were parcel of the Mannor of Nether Melcum otherwise called Melcum Bingham with the appurtenances and that the said Mannor of Neither Melcum otherwise Melcum Biugham with the appurtenances whereof c. lyeth within the Parish of Melcum in the County aforesaid and that before the time within written in which the Trespass and Ejectment within written was supposed to be done one Robert Bingham the elder was seised for the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. in his demesne as of Fee and so thereof seised held the said Mannor with the appurtenances of one John Hrosey Knight as of his Mannor of Melcam otherwise Horseys Melcum otherwise Starges Melcum in the County aforesaid by Knight service that is to say by Homage and Fealty and Escuage to the Lady the Queen of 40. shillings when it should happen 2. shillings and for more more and less less c. and the said Robert Bingham being so seised before the time within written in which c. that is to say the morrow of the Holy Trinity in the year of the Reign of the said Lady the Queen that now is the 12 a sine was levyed in the Court of the said Lady the Queen at Westminster in the County of Middlesex before James Dyer Richard Weston Richard Harper then Justices of the said Lady the Queen of the Bench and other the Queens faithfull people then present between Thomas Buckley and Henry Gawen Gentlemen plaintifs and the said Robert Bingham the Elder Deforceant Of the Mannor of Neither Melcum otherwise Melcum Bingham aforesaid with the appurtenances whereof c. by the names of the Mannor of Nether Melcum otherwise Melcum Bingham aforesaid with the appurtenances and 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 120 Acres of Land 30 Acres of Meadow 300 Acres of pasture 8 Acres of Wood and 20 Acres of Furze and Heath with the appurtenances in Nether Melcum other wise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert Bingham did acknowlege the said Mannor and Tenements with the appurtenances to be the right of the said Thomas Buckley as that with the said Thomas Buckley and Henry Gawen had of the gift of the said Robert Bingham and then released and quit claimed from him and his heirs to the said Thomas Buckley and Henry Gawen and the heirs of the said Thomas for ever And afterwards the said Robert Bingham granted for him and his heirs that they would warrant to the said Thomas Buckley and Henry Gawen and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever the Tenor of which Fine followeth in these ss Dorset ss This is a final concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. from the Conquest the 12th before James Dyer Richard Weston and Richard Harper Justices and other the Queens faithfull people there present Between Thomas Buckley and Henry Gawen Gentlemen plaintifs and Robert Bingham Esquire Deforceant of the Mannor of Neither Melcum otherwise Binghams Melcum with the appurtenances and of 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 12â— Acres of Land 30 Acres of Meadow 100 Acres of pasture 8 Acres of wood and 20 Acres of Furz and Heath in Nether Melcum otherwise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert acknowledged the aforesaid Mannor Tenements with the appurtenances to be the right of the said Thomas and those which the said Thomas and Henry had of the gift of the aforesaid Robert and the same released and quit claimed from him and his heirs to the said Thomas and Henry and the heirs of the said Thomas for ever And farther the said Robert granteth for him and his heirs that they warrant to the aforesaid Thomas and Henry and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever and for this Recognition remission and quit claym warranty and Concord the said Thomas and Henry give to the said Robert 150 pound sterling which said Fine of the Mannor and Tenements aforesaid whereof c. in form aforesaid Levied was had and Levyed to the use of the said Robert Bingham the Elder and Jane his wife and the heirs of the said Robert for ever by virtue whereof and by force of a certain Act of Parliament of transferring of uses into possession made at Westminster in the year of the Reign of the late King Henry the 8th of England the 27th made and provided the said Robert Bingham the elder and Jane were
as before is said shall happen that from thence it shall be well Lawfull to the aforesaid William Purfrey and his heirs aforesaid into all the Tenements aforesaid Rents and Services with the reversions and all their appurtenances to enter as in his Remainder aforesaid and the same to hold without any contradiction and that from thence the estate of the said John Somerton and his Heirs aforesaid in all the Tenements aforesaid altogether to cease and be of no value And if it happen the said William Purfrey and his Heirs aforesaid in fulfilling all and singular the charges aforesaid to make default or the same not to repair or all the aforesaid Tenements not sufficiently to uphold and repair or the same to alien or demise as above is said or they be negligent to enter if cause as before is said shall happen That then the state of the said William Purfrey and his Heirs altogether cease and be of no value And that from thence It be lawful to the said Master of the House of the Holy Martyr of Acon London and his Brethren of the same House and their Successors into all the aforesaid Tenements Rents and Services with the Reversions and all their appurtenances to enter and in the Remainder of their Term aforesaid To be holden in form aforesaid And if it shall happen the said Master and Brethren of the House of St. Thomas aforesaid or their Successors aforesaid in doing and fulfilling all and singular the charges above specified to make default or the same not to fulfil Or all the Tenements aforesaid as above is said not sufficiently to uphold and repair or they be negligent to enter if cause shall happens as before is said That from thence It shall be lawful to the Master of the Hospital of St. Bartholmew aforesaid and the Brethren of the said Hospital and their Successors into all the aforesaid Tenements Rents and Services with the Reversions and all their appurtenances to enter as in the Remainder of their Term aforesaid and that then the estate of the said Master of the House of St. Thomas aforesaid to cease And if it happen the said Master and Brethren of the Hospital of St. Bartholmew aforesaid in doing and fulfilling all and singular the charges above declared to make default or the same not to perform or all the Tenements aforesaid not sufficiently to uphold or repair That then it shall be lawful to my right Heirs unto all the aforesaid Tenements Rents and Services with the Reversions and all and singular their appurtenances to enter and the same to hold without any contradiction whatsoever for ever supporting all the charges aforesaid as above is said as they will for me and them before the most high Judge Answer And because this my last Will was made and ordained for the good of the Souls of my Father and Mother and of my own Soul and the Souls of my Brothers and Sisters Friends and Benefactors I pray and charge the said John my Brother as for me and himself he will answer it that all his life time he oversee the government of the Chauntry aforesaid land that the charges aforesaid in this my last Will and Testament declared be inviolably fulfilled and kept And that he give notice to all those who in manner aforesaid shall have any estate in the said Tenements Rents and Services with the Reversions and all their appurtenances that they know the Tenor of this my last Will and Testament And I will that my Feoffees of the Tenements with the appurtenances which my poor men now dwell in because the same is not dividable that they make such estate after my death to all those above named as they have of my bequest of and in Tenements in Buckingham aforesaid to the use of the said Poor their dwelling upholding the Reparations of the said Tenement of the aforesaid Pâ—or as often as need shall require And because I doubt lest the Tenements aforesaid be sufficient to uphold all the abovesaid charges by reason of the great charge of repairing thereof I will that my Feoffees presently after my death make such estate to all those above named of all those my Lands and Tenements in the Towns of Barton Moreton Gravecase with the Prebend of Lemburgh Thornborough Hillesden Waterstratford Shatdeston and Foycale in the County of Buckingham And of all those Lands with the Appurtenances in the Fields of Buckingham As also of my Lands and Tenements in Worton in the County of Oxford and of my one Tenement in the Town of Oxford in which the Feoffees shall have as they have of my gift of and in the Tenements of Buckingham aforesaid so as they may sufficiently uphold all the charges aforesaid and receive and take what is reasonable for their labour and pains Item I will that my Executors or one of them according to their Assignment upon the Good-fryday next after my death cause him who shall preach at the Cross in the Church-yard of the Cathedral Church of St. Paul London to the prayers there of the people recommend my Soul to the Congregation there assembled For which recommendation and that he pray for my Soul I will that the Preacher have 40. pence Item I will that the Three Preachers who in the Church-yard of the New Hospital of the blessed Lady without Bishops gate London in the 3. dayes in the Week of Easter next after my death shall preach recommend my Soul to the Prayers of the faithful People there assembled and that every one of the said Three Preachers for the same recommendation of my Soul and that they pray for my Soul have 40. pence And I will that my Executors during one whole year next after my decease every Lords-day cause the Preacher at the Cross in the Church-yard of the Cathedral Church of St. Paul aforesaid Preaching specially recommend my Soul to the prayers of the people there assembled for which Recommendation every of the said Preachers have 4. pence Item I give to Mr. Robert Forset my Chaplain of London 10. pound That the said Robert specially celebrate for my Soul and pray for it for 8. years next following my decease taking yearly for his sallary 100. shillings if he so long live And if he shall dye within the said Term of 8. years that then the said Robert make the residue which thereof shall remain to be distributed unto pious uses for my Soul and the Soul of the said Robert Item I give to Margaret my Sister 100. shillings and a silver Cup with a cover belonging to it Item I give to Isabel my Sister 100. shillings and a silver Cup with a cover belonging to it that the said Margaret and Isabel pray for my Soul And to this Testament containing my last Will well and truly and faithfully to be performed and inviolably to be fulfilled I ordain and appoint my Executors John Barton my Brother and Alexander Sprot Citizen and Cloath worker of London and the said Robert
6 Acres of Wood with the appurtenances in Wimondham which John Smith Gentleman to the aforesaid Arthur demised for a Term which is not yet past he entred and him from his Farm aforesaid did Eject and other harms did to him to the great damage of the said Arthur and against the peace of the Lord the King that now is c. and whereupon the said Arthur by Robert Love his Attorny complaineth that whereas the aforesaid John the 19 th day of October in the year of the Reign of the Lord the King that now is the 8 th at Wimondham had demised to the said Arthur the Tenements aforesaid with the appurtenances to have and to hold to the said Arthur his Executors and Administrators from the Feast of Saint Michael the Archangel then last past for and during the Term of 3 years from thence next following to be compleat and ended by virtu of which demise the said Arthur into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Edward afterwards that is to say the 10 th day of April in the year of the Reign of the said Lord the King that now is of England the 9 th with force and armes c. the Tenements aforesaid with the appurtenances which the aforesaid John to the said Arthur in form aforesaid demised for the aforesaid Term which is not yet past entred and him from his Farm aforesaid did Eject and other harms c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound And therof he bringeth sute c. And the said Edward by Thomas Blofield his Attorny cometh and defendeth the force and injury when c. And saith he is not guilty of the Trespasse and Ejectment aforesaid as the said Arthur against him complaineth and of this puts himself upon the Country And the aforesaid Arthur likewise Therefore it is commanded to the Sherif that he cause to come here from the day of Holy Trinity in three Weeks 12. by whom c. And who neither c. Because aswell c. At which day the Jurors between the parties aforesaid of the Plea aforesaid put was between them in respite here until this day that is to say in 8 dayes of St. Michael then next following unless The Justices of the Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Monday the 15 th day of July next At the Castle of Norwich in the County aforesaid first should come And now at this day cometh as well the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. send here their Record in these words Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assizes in the County aforesaid to be holden assigned by form of the Statute c. came aswell the within named Arthur as the within written Edward Cockle by their Attornies within written And the Jurors of the Jury whereof within is made mention being called likewise came whereof 12. that is to say Robert Seaman Adam Bale Bartholmew Harison Thomas Reynolds William Bidwel Henry Howlet Thomas Crooke Richard Russel Thomas Filney Iohn Freeman John Jewel and Edmond Johnson in the Jury aforesaid are sworn After which one of the Jurors aforesaid that is to say Robert Seaman with the assent of both parties aforesaid and by the Command of the Justices aforesaid from the Pannel aforesaid was utterly drawn c. Therefore with the assent of the parties aforesaid the Jury aforesaid was further put in respite here until in 8. dayes of St. Hillary Therefore that the Sherif have the Bodies c. And appoint Decem Tales At which day here cometh aswell the aforesaid Arthur as the aforesaid Edward by their Attornies aforesaid And the Sherif now sendeth That as to the distreyning of Bartholmew Stone that the Writ was so late delivered to him that for the shortnesse of the time he could not execute it but as to the putting of the Decem Tales whereof in the said Writ was made mention the said Sherif now sendeth That execution thereof doth appear in a Schedule to the said Writ annexed in which Schedule is contained the Pannel of the names of Ten Jurors whereof none c. Therefore the Jury aforesaid again is put in respite here until from Easter-day in 15. dayes unless the Justices of the King To the Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Wednesday in the first Week of Lent at Thetford in the County aforesaid first shall come for default of Jurors c. Therefore that the Sherif distrein the Jurors aforesaid by all their Lands c. And that the issues c. So that they be here unless c. to make the Jury aforesaid c. Norff. ss Afterwards the day and place within contained before Edward Coke Kt. Chief Justice of the Lord the King of the Bench and John Crooke Kt. one of the Justices of the said Lord the King to Assizes in the County aforesaid to be taken assigned by the form of the statute c. cometh aswell the within named Arthur Legat as the within written Edward Cockle by their Attornies within contained And the Jurors of the Jury aforesaid whereof within is made mention being called likewise come who to say the truth of the within contained chosen tryed and sworn say upon their Oath That the late King and Queen Philip and Mary the 9 th day of July in the yeer of the Reigns of the same King and Queen Philip and Mary the 4th and 6th were seised of and in the Mannor of VVimondamâ— in the County aforesaid in their Demesn as of Fee in the Right of hâ—s Crown of England whereof the Lands and Tenements in the Declaration within written then were parcel and the aforesaid late King and Queen Philip and Mary so as before is said of and in the Mannor aforesaid whereof c. being seised The said King and Queen the said 9th day of July in the yeer of the Reigns of the said late King and Queen Philip and Mary the 4th and 6th made their Letters Patents under the great Seal of Eng. to one George Howard Kt. of the aforesaid Lands and Tenements in the Declaration within written named amongst other By the names of 2 pieces of Lands called Nettlehamsted VVikemans containing by estimation 15. Acres lying and VVyndmondham aforesaid in the County aforesaid then or late in the tenure or occupation of Joh. Coleman late to the Monastery of VVyndmondham sometimes belonging and appertaining parcel of the
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
and Dignity c. And afterwards That is to say at the Gaol Delivery of the Lord the King at Newgate holden by the City of London aforesaid at the Justice Hall situate in the Old Baly in the Parish of St. Sepulcher in the Ward of Farrington without London aforesaid the 23d day of Iune in the yeer of the Reign of the said our Lord Iames by the Grace of God of England France and Ireland the 10th and of Scotland the 45th before Iames Pemberton Knight Mayor of the City of London aforesaid The right Reverend Father in God Iohn Bishop of London Thomas Flemming Knight Lord Chief Justice of the Lord the King to Pleas before the King himself to be holden assigned Edward Coke Kt. Chief Justice of the said Lord the King of the Bench Lawrence Tanfeild Knight Chief Baron of the Exchequer of the Lord the King Christopher Yelverton Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned David Williams Knight another of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned John Croke Knight another of the Justices of the said Lord the King to Pleas to be holden before the King himself to be holden assigned Stephen Soan Knight John Garrard Knight Thomas Bennet Knight Baptist Hicks Knight Francis Bacon Solicitor General of the Lord the King Henry Mountague Knight one of the Kings Serjeants at Law and Recorder of the City of London aforesaid and other their Fellows Justices of the Lord the King To his Gaol aforesaid of Prisoners in the same being to be delivered assigned The aforesaid Robert Carliel and James Irweng under the custody of Edward Barkham and George Smythes Sherifs of the City aforesaid to the Barr aforesaid brought in their proper persons came and severally being asked how of the Felony and Murder aforesaid they would acquit themselves The said Robert Carliel saith That he cannot deny but that he is guilty of the Felony and Murder aforesaid to him in form aforesaid imposed and the Felony and Murder aforesaid expresly confesseth and thereof putteth himself upon the Mercy of the King and the aforesaid James Irweng saith That he of the Felony and Murder aforesaid to him in form aforesaid imposed is not guilty and thereof for good and ill puts himself upon the Country Therefore immediately he cause a Jury to come c. And the Jurors of the Jury aforesaid by the aforesaid Sherifs of the City aforesaid to this impannelled being called that is to say Humphry Slâ—cy William Morgan Rouland Healing Hugh Hawesh Henry Colthurst William Hicks William Hayes Richard Bridges William Wilde John Palmer Solomon Green and Richard Rudd came who to say the truth of and upon the premises to the said Iames Irweng imposed chosen tryed and sworn say upon their Oath aforesaid That the aforesaid John Irweng is guilty of the Felony and Murder to him in form aforesaid imposed in manner and form as by the indictment aforesaid against them it is supposed And that he the time of the Felony and Murder aforesaid in form aforesaid committed or ever after had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid Upon which the said Robert Carliel and Iames Irweng being severally spoken unto If they had any thing for themselves or could say Wherefore the Court aforesaid to Judgement and Execution of them and either of them of the premises ought not to proceed who said nothing but what at first they had said Upon which then and there It is considered by the said Justices That the aforesaid Robert Carliel and James Irweng to the Gaol of Newgate aforesaid from whence they came should be sent back and thence be lead and either of them be lead unto the place of Execution and there be hanged and either of them be hanged until c. The Indictment of Robert Creighton Esq THE Jurors present for the Lord the King upon their Oath That Middle whereas Robert Carliel late of London Yeoman and James Irweng late of London Yeoman Not having God before their Eyes but seduced by the instigation of the Devil the 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London that is to say in the Parish of St. Dunston in the West in the Ward of Farrington without London aforesaid c. with Force and Armes c. Feloniously and of their fore-thought Malice in and upon one John Turner then and there in the Peace of God and of the said Lord the King being made an Aassult and Affray And the aforesaid Robert Carliel a certain Gun called a Pistoll of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the said Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously Voluntarily and of his Malice fore-thought did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid Iohn Turner in and upon the left part of the Body of him the said Iohn Turner then and there feloniously struck giving to the said Iohn Turner then and there with the leaden Bullet aforesaid neer the left papp of him the said Iohn Turner one mortal Wound of the Breadth of half an inch and Depth of 5. inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that James Irweng Feloniously and of his fore-thought Malice then and there was present ayding assisting abetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid to be done and committed And so the aforesaid Robert Carliel and James Irwenge the aforesaid John Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice killed and Murdered against the Peace of the Lord the King that now is his Crown and Dignity one Robert Creighton late of the Parish of St. Margaret in the County of VVestminster Esquire not having God before his Eyes but being seduced by the Instigâ—tion of the Devil before the Felony and Murder aforesaid by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed that is to say the 10th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 10th and of Scotland the 45th the aforesaid Robert Carliel at the aforesaid Parish of St. Margaret in Westminster aforesaid in the County of Middlesex aforesaid to the Felony and Murder aforesaid in manner and form aforesaid done
with the Pannel of the names of the Jurors which are in the file of Writs executed for the Queen of the 34th Yeer of the Reign of the said Lady the Queen that now is with the Remembrancer of London And the Jurors did not appear Therefore it was coÌ„manded the Sherifs that they distrein the Jurors by their Lands c. So that c. in 8. Dayes of Holy Trinity or in the mean time before the Beloved and Faithful to the Lady the Queen Roger Manwood Knight Chief Baron of this Exchequer at Guiâ—d-hall of the City of London aforesaid upon Fryday the 26th day of May in the Yeer of the said Lady the Queen that now is the 34th in the Afternoon of the same Day if he shall first come thither And it is said to the aforesaid Iohn Porter and Henry Cockain that they keep their Day before the aforesaid Chief Baron at the said Day and Place and that they be here at the said 8. dayes of Holy Trinity to hear their Judgement If c. At which day the said John Porter and Henry Cockin come here as before And the aforesaid Chief Baron before whom delivered here the Tenor of the Record aforesaid in form aforesaid directed which is amongst the Inquisitions and Extents of this Yeer of the 34th of the Reign of the Queen that now is with this Remembrancer indorsed thus ss Afterwards that is to say the Day and Place within contained before Roger Manwood Knight Chief Baron of the Exchequer of the said Lady the Queen came aswell the within named John â—opham who prosecutes for the said Lady the Queen as the said within written John Porter and Henry Cockain in their proper persons and the Jurors of the Jury whereof within mention is made being called some of them appeared and some of them not as it appeareth in the Pannel c. And some of them now appearing that is to say Roger Tasker Humphry Street George Gunbey Thomas Cox Thomas Langhorn John Eaton William Fruit and John Math upon the Jury aforesaid are sworn and because the rest of the Jurors of the Jury did not appear therefore others of the standers by by the Sherifs of the County aforesaid to be chosen at the Request of the said John Popham and by the command of the aforesaid Chief Baron were new put whose names to the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurors so anew put that is to say Thomas Wiggs Henry Ayleward Ralph Baily and Cutbert Booth being called likewise came Who to the truth of the matter within contained together with the other Jurors aforesaid first impannelled and sworn say upon their Oath That long before the aforesaid time of Intrusion aforesaid above supposed to be done One Nicholas Gibson was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified in his Demesn as of Fee and the Wharf and Tenements aforesaid held of the Lady the Queen in Socage that is to say of the free Borough of the City of London by fealty onely And so being thereof seized the said Nicholas afterwards and before the time of the Intrusion aforesaid c. that is to say the 23d day of September in the yeer of the Reign of the Lord Henry late King of England the 8th the 32th at London in the Parish of St. Dunstans in the East made his Testament and last Will in Writing and constituted one Avice then his Wife Executrix of his said Will and by the said his Will bequeathed and devised amongst other things the Whars and Tenements aforesaid with the appurtenances to the aforesaid Avice and her Heirs in these English Words and in form following That is to say In the name of God Amen I Nicholas Gibson Citizen and Grocer of London whole of Mind and of perfect Memory albeit sick of Body make this my present and last Will and Testament aswel concerning the Order and Disposion of my Goods Chattels and other things moveable as of my Lands and Tenemetns Rents Reversions and Services and Hereditaments whatsoever First I give and bequeath my Soul unto Almighty God my Maker Redeemer and Saviour and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson my sole Executrix under written whom I put in special trust that she shall see these things hereafter declared to be well and truly executed don and declared and performed as hereafter shall be recited Unto whom also I give and bequeath All my Goods Chattels Debts and other things as well moveable as unmoveable real and personal Lands and Tenements Rents Reversions Services and all my other Profits and Commodities and other Hereditaments whatsoever with all and singular the appurtenances To have and to hold possesse and injoy All and singular my said Lands and Tenements Rents Reversions and Services with the appurtenances Goods Chattels and other things and all and singular other the premises with the appurtenances unto the said Avice Gibson her Heirs Executors Administrators and Assignes for ever upon condition following That is to say Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases Mansions and places convenient for a Free-school the Master of the same and certain Beadmen and Beadwomen and that the same cannot be established to continue without great charges to be imployed and bestowed upon the same and also Lands and Tenements and other Hereditaments to be assured for the continuance of the same I Will and Declare by this my last Will and Testament That the said Gift Legacy and bequest of my Lands and Tenements Goods Chattels and other things aforesaid shall inure and take effect by reason hereof unto my said Wife upon condition following That is to say That my said Wife by the Advice of Learned Counsel in all convenient speed after my decease shall assure give and grant all my said Lands and Tenements and other Hereditaments whatsoever for the maintainanee of the said Free-school Almesmen and Almeswomen for ever if it shall please God that my said Wife Avice Gibson shall have all the Issues Revenewes and Profits yeerly comming arising and growing of the premises during her life bearing the charges for the keeping of the said School Beadmen and Beadwomen and other charges for the maintainance of the premises in manner and form as I the said Nicholas have kept and maintained the same and as the same is now kept and maintained without any diminution in any wise Which Avice Gibson I make my sole Executrix of this my present Testament and last Will. These being Witnesses Thomas Rushton Sergeant at the Law William Gunston Esquire Thomas Wood Cooper Thomas Reinolds Clothworker and Iohn Mucklow Scrivener In witnesse whereof I have hereto put my Seal Given the 23th Day of September in the yeer of our Lord God 1540.
Right and that the said Countess of the said Reversion so seized of such her Estate thereof dyed seized And that after the Death of the said Countess the said Reversion descended to the abovesaid Edward late Earl of VVarwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter and Heir of the said Countess By which the said Edward late Earl of VVarwick was seized of the Reversion of the Mannor aforesaid with the appurtenances as of Fee and Right and that the said late Earl being thereof so seized That the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the Yeer of his Reign the 19th aforesaid made was in manner and form aforesaid And that by colour of the same Act the said late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances as of Fee and Right And that the said late King Henry the 7th being so thereof sezed and of the Mannor aforesaid with the appurtenances whereof c. in form aforesaid being seized of such his Estate thereof dyed seized After whose Death The Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid descended to the aforesaid late Henry late King of England the 8th as Son and Heir of the aforesaid Lord King Henry the 7th By which the said King Henry the 8th was seized of the Mannor aforesaid with the appuretenances whereof c. in his Demesn of Fee tail that is to say to him and the Heirs Males of Body lawfully issuing the Reversion thereof to him and his Heirs in form aforesaid expectant as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster aforesaid in due manner retorned and there remaining on Record more fully appeareth And the faid Richard furher saith That the aforefaid late King Henry the 8th so of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion thereof in form aforesaid being seized The said late King Henry the 8th the 3d. day of November in the yeâ—r of his Reign the 33th at Westminster aforesaid By this Letters Patents under his great Seal of England sealed which the said Richard here in Court brings bearing date at Westminster aforesaid the same Day and Yeer Reciting That whereas the said late King Henry the 8th the 20th day of Octber in the 19th yeer of his Reign by his Letters Patents had given and granted unto Walter Walshe by the name of VValter Walshe one of the Grooms of his Privy Chamber his Mannor of Grafton â—leuere by the name oâ— the Mannor of Grafton Fleeford with his appurtenances in the County of Worcester and the Advowson of the Church of Grafton Fleeford aforesaid as also all and singular hiâ— Messuages Lands and Tenements whatsoever in Grafton Fleeford in the County aforesaid together with the Knights Fees Wards Mariages Reliefs Rents and Services whatsoever to the Mannor and other the premises and to every part therof any wise soever belonging or appertaining To have and to hold the said Mannor and other the premises with all and singular their members and appurtenances whatsoever to the abovesaid Walter for the Term of his Life as in the said Letters Patents more fully it was contained And whereas also the said late King Henry the 8th the 6th day of December in the Yeer of his Reign the 21th by other his Letters Patents had given and granted to the aforesaid Walter Walshe and to one Elizabeth then his Wife by the names of Walter VValshe one of the Grooms of his Privy Chamber and Elizabeth his Wise the Mannor of Charleton in the County of Somerset by the name of his Mannor of Charleton in the County of Somerset with all and singular his members and appurtenances whatsoever by whatsoever right or title the said Mannor in the Hands of the said late King then were To have and to hold the said Mannor with the appurtenances to the said VValter and Elizabeth and their Assignes for the Term of the Lives of the said VValter and Elizabeth and the longer liver of them as in the said Letters Patents it was more fully conteined The aforesaid late King Henry the 8th Then in Consideration of the true and laudable Service to the said Lord the King by the aforesaid VValter VValshe before that time done and after to be done And for that the said VValter the aforesaid other Letters Patents to him of the aforesaid Mannor of Grafton Fleeford alias Fleuard and the same VValter and the aforesaid Elizabeth the aforesaid other Letters Patents to them of the aforesaid Mannor of Charleton with their Members and singular their appurtenances in form aforesaid made to the said late King Henry the 8th in his Chancery had restored there to be cancelled unto the intent that the said late King Henry the aforesaid Mannor of Grafton Fleuard with the appurtenances and the said Advowson of the Church of Grafton Fleuard and all and singular Messuages Lands and Tenements of the said Lord the King in Grafton Fleuard As also the aforesaid Mannor of Abottesly in the aforesaid County of VVorcester with their appurtenances whatsoever and the Advowson of the Church of Abottesly in the County aforesaid and all Lands and Tenements of the said Lord the King whatsoever with the appurtenances in Abottesly otherwise Abberley by other Letters Patents of the said late King to the said VValter and Elizabeth he would be pleased to grant Which said former Letters Patents in the Court of Chancery aforesaid at VVestminster aforesaid to the same intent at the time of the making of the aforesaid Letters Patents here in Court were delivered up and cancelled Of the special grace of the said King and of his certain Knowledge and meeâ— motion by the same Letters Patents here in Court shewed and brought forth gave and granted unto the said VValter VValshe and Elizabeth his Wife The aforesaid Mannors of Grafton Fleuard and Abottesly otherwise Aberley with all and singular their members and appurtenances as also all and singular Lands Tenements Reversions Services Knights Fees Liberties Franchises Courts Leets Views of Frank-pledges Parkes Warrens Waifes Strayes and other Commodities and Privileges whatsoever within the aforesaid Mannors or any of them being or unto the said Mannors or any of them in any maÌ„ner belonging or appertaining To have and to hold the Mannors aforesaid and every of them and all the premises so as before is said by the said Letters Patents here in Court shewed forth granted and every part thereof with their members â—d appurtenances whatsoever to the said VValter VVaâ—she and Elizabeth his Wife and to the Heirs Males of the Body of the sâ—â—d VValter begotten as by the said Letters Patents amongst other things more fully appeareth And the said Richard saith That the aforesaid VValter long before the making of the aforesaid Letters Patents and at the time of the making thereof and long
of her Exchequer Greeting Because in the Record and process and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the yeers of our Reign the 37th By Bil between us and Richard Bushopp of certain trespasses and intrusions in certain of our Woods with the appurtenances called Alton otherwise Aluington Woods conteyning by estimation 3000 Acres of Wood manifest Error hath entervened to our great damage And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor at Westminster and in the year of his Reign the 31th holden made amongst other things It is agreed and established that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer The Chancellor and Tresurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer and taking to them the Justices and such like sages as to them shall seem fit to be taken They cause to be called before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and the business thereupon to be duly examined And if any Error was found the same to be corrected and the Rolls to be amended and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth as in the said Statute it is conteyned We therefore willing Errors if any such were according to the form of the statute aforesaid to be corrected and speedy Justice to be done in that behalf Command you that if Judgement thereof be given then the Record and process aforesaid with alll things concerning the same before our beloved faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 21th day of the moneth of April you cause to come And to the same Keeper of our great Seal and you the aforesaid Tresurer the Record being seen and examined and the process aforesaid and your informations being heard and you the aforesaid Barons further in this part with the Councel of the Justices and other sages aforesaid Cause to be done what of right and according to the form of the Statute was to be done Witnesse my self at Westminster the 11th day of April in the yeer of our Reign the 39th Symons At the said 29th day of the said Moneth of April the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England and VVilliam Lord Burghley Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber next to the Exchequer aforesaid called the Councel Chamber and at the said day and place came before the Lord Keeper of the great Seal and the Lord Tresurer the aforesaid Atorney General of the Lady the Queen and for the said Lady the Queen said that in the Record and process aforesaid and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversly Erred that is to say that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose that the aforesaid late King Henry the 7th was seised of the reversion of the manor aforesaid with the appurtenances whereof c. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of VVarwick and by the force of the aforesaid Act of Parliament in the yeer of the Reign of the said late King the 19th in the Barr aforesaid mentioned by which Act it was enacted that the aforesaid Edward late Earl shâ—uld forfeit to the said late King all his Mannors Lands Tenements and Hereditaments whereas the aforesaid late King by vertue of the Attainder and Act of Parliament aforesaid as before is said made could not be seised of the Reversion aforesaid before inquisition thereof taken and of record remaining by which it should be sound that the aforesaid Earl at the time of the treason aforesaid by him committed or ever after was seised of the said Reversion as of Fee and right and in this that the aforesaid Richard doth suppose that the aforesaid late King Henry the 7th dyed seised of that Reversion and that the said Reversion descended to the aforesaid late King Henry the 8th as Son and Heir of the aforesaid late King Henry the 7th Whereas in fact the said Reversion did not descend to the said late King Henry the 8th nor by the Lawes of this Kingdom could descend before the Inquisition thereof for the aforesaid late King Henry the 7th thereof to be found and of Record to remain And in this that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King in the said County by virtâ—e of his office It was found that the aforesaid Edward late Earl of VVarwick was seised of the Reversion of the Manor aforesaid as of Fee and Right and so thereof being seised the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the 19th yeer of his Reign aforesaid was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid the late King Henry the 7th was seised of the Reversion aforesaid as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining more fully appeareth Whereas every Inquisition taken upon whatsoever Attainder of High-Treason taken before the Escheator by virtue of his Office ought to be retorned into the Court of the Kings Exchequer and there ought to be filed and not in the Court of Chancery And if in the Court of Exchequer retorned and there of Record it be not filed then the said Inquisition is void and of no force in Law And in this That whereas the aforesaid Richard Bushopp supposeth That the aforesaid late King Henry the 8th the 3d. day of November in the yeer of his Reign the 23th by his Letters Patents under his great Seal of England sealed bearing date the same day and yeer reciting That whereas the said late King the 12th day of October in the 12th yeer of his Reign had given and granted to the abovesaid Walter Walshe the Mannor of Grafton Fleuard with the appurtenances for the Term of the life of the said VValter and whereas the same late King the 6th day of December in the yeer of his Reign the 21th by other his Letters
Patents had given and granted to the abovesaid VValter and to one Elizabeth then his Wife The aforesaid Mannor of Charleton with the appurtenances in the said County of Somerset To have and to hold to the said VValter and Elizabeth and the longer liver of them The late King Henry the 8th for that that the said VValter the aforesaid Letters Patents to him of the aforesaid Mannor of Grafton Fleuard and the said VValter and the aforesaid Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton in form aforesaid made to the said late King Henry the 8th in his Chancery had delivered up there to be cancelled By the said letters patents gave and granted to the abovesaid VValter and Elizabeth the aforesaid Manor of Abotesly with the appurtenances whereof c. to have and to hold to them the said VValter and Elizabeth and to the heirs males of the bodie of the said VValter begotten And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact that the aforesaid late King Henry the 8th by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them as by the Law he ought to have shewed and because expresly it is not shewed in the said plea that the same grants were made but only by way of recital The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th in the yeer of his Reign the 23th aforesaid made are void and insufficient in Law And the said late King in his grant aforesaid by reason thereof was deceived And in this That the aforesaid Richard in his Plea aforesaid allegeth that the aforesaid VValter and Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton made in the Chancery of the said late King Henry the 8th had surrendred and procured to be cancelled By which the Estate of the said VValter and Elizabeth of and in that Mannor was determined Whereas by the Law of the Land the estate of the said Elizabeth then being under Covert Baron by the surrendring and cancelling of the said Letters Patents was not determined or surrendred up And upon this That whereas the aforesaid Richard Bushopp in his pleading alleged That by the aforesaid Act of Parliament of the said late King Henry the 8th the 8th day of June in the 28th year of his Reign made it was Enacted That the said late King Henry the 8th his Heirs and Successors should have hold and enjoy all and singular the Mannors aforesaid with the appurtenances in Fee simple saving alwayes to all person and persons Bodies politique and Corporate their Heirs and Successors and to the Heirs and Successors of every of them other than to the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earl of Warwick Brother of the said late Countess all such Rights Titles Uses Interests Term of years demise demises Entries Actions Grants and Conditions which he or any of their Heir or the Heirs or Successors of any of them have or had or might to have or ought to have had if the said Act of Parliament had never been made any thing in the said Act to the contrary thereof notwithstanding And the aforesaid Richard Bushopp in his Plea aforesaid doth not allege in fact That the aforesaid Ann now Countess of Warwick in whose Right and as Servant of which Countess the said Richard makes Justification of the Trespass and Intrusion aforesaid was not Heir of the said Richard late Earl of Warwick as by the Law of the Land it ought to be shewed and in this that by the said Act of the 28th abovesaid The aforesaid Mannor of Abbottesley with the appurtenances whereof c. was given by express words to the said late King Henry the 8th his Heirs and Successors and thereof the said Saving in the same Act mentioned is repugnant and void to reserve any right in that Mannor to any other person and therefore the aforesaid Walter Walshe and Elizabeth his wife to have or claim any right or estate of or in the said Mannor by force of the said Act of Parliament are barred And in this That whereas the aforesaid Plea of the said Richard Bushopp above in Barr pleaded is insufficient in Law to discharge or excuse him the said Richard of the Trespass intrusion and ingress aforesaid upon which Plea the aforesaid Attorney of the said Lady the Queen had demurred in Law and demanded Judgement there for the said Lady the Queen yet that notwithstanding it is adjudged by the Barons That the Plea of the said Richard is sufficient in Law him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood otherwise Aluingâ—on-wood the aforesaid first day of February in the year of the Reign of the said Lady the Queen that now is the 32th and from the same day until the exhibiting of the Information aforesaid and of the taking of the issues and profits thereof by that time to discharge And so the same Attorney General for the said Lady the Queen saith That in the Record and process aforesaid and in the giving of the Judgement aforesaid it is manifestly erred And thereupon the said Attorney of the said Lady the Queen for the said Lady the Queen prayeth That the Judgement aforesaid for those Errors and others in the Record and Process aforesaid be revoked annulled and be had for nothing And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at a certain day to hear the Record and Process aforesaid as also the aforesaid Errors which he the said Attorny General of the said Lady the Queen that now is there alleged and it is granted unto him And it is commanded to the Sherif of the said County of Worcester That by good and lawful men of his Balywick he give warning to the said Richard Bushop that he before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid upon Tuesday falling the 26th day of the said Moneth of April to hear in form aforesaid if c. And further c. that to the Court c. At which day the same Sherif that is to say Edward Harwell Esquire retorned the Writ aforesaid and sent that the said Writ was so late delivered unto him that for the shortnesse of the time he could not execute it Yet the aforesaid Richard Bushop before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at the same day comes into the Chamber aforesaid by Arthur Salway his Attorny and demands the hearing of the Record and of the Processe as also of the aforesaid Errors and they are read
appurtenances as before is said being seised dyed thereof so seised And farther by the same Inquisition it is found that the Manor of Yoke otherwise Yokes Court aforesaid the appurtenances in Lenham and Frensted in the said County of Kent at the time of the taking of the Inquisition aforesaid and at the time of the death of the aforesaid Thomas Digges were holden of Warham St-leger Knight as of his Castle of Leeds by the half of a Knights Fee and were worth by the yeer in all reprofits above reprises 5 pound 14 shillings And that the Manor of Fokeham and other the premises to the said Manor belonging in Framsted and Lenham at the sayd time of the taking of the said Inquisition and at the time of the death of the said Thomas Digges of whom or by what services the Jurors of the same Inquisition were altogether ignorant and they were worth by the yeer in all the profits above reprises 7 pound And that the aforesaid Manor of Outlemestone and other the aforesaid premises whatsoever with the appurtenances to the said Manor belonging and appertaining at the time of the taking of the said Inquisition aforesaid and at the time of the death of the said Thomas Digges were worth by the yeer in all the profits above reprises 20 pound and that the said Land called Eastendown and Beacondown in Burham and Kingstone aforesaid were holden of the Arch Bishop of Canterbury in the right of his Bishoprick aforesaid but by what services the aforesaid Jurors are altogether ignorant and they were worth by the yeer above reprizes 3 pound 6 shillings 8 pence and that the aforesaid Lands called the Haute and Reed late percel of the aforesaid Manor of Bishopsborne and purchased by the aforesaid Christopher Digges of the aforesaid William Awcher Esquire were holden of the said Lady the Queen in Capite by Knights service that is to say by particular according to the rate and quantity of the said Manor of Bishopsborn and that the said Lands and Pasture called Throughly Close and Tylers in Barham aforesaid late purchased by the aforesaid Christopher Digges by way of Exchange of William Boyes of who or whom or by what services they were holden the Jurors aforesaid are altogether ignorant and that the aforesaid Land and Woods called Haute and Reed and the aforesaid Land Wood and Pasture purchased of the aforesaid William Boyes were worth by the yeer above reprises 4 pound And that the aforesaid 2 Acres of Land in Wemings Woold aforesaid were holden of who or whom or by what services the aforesaid Jurors were altoge-Ignorant and they were worth by the yeer above reprises 2 shillings and that the said Thomas Digges had not nor had more or other Lands and Tenements in the said County of Kent in demesn or service of us nor of any other the aforesaid dayin which he dyed and that the aforesaid Tho. Digges dyed the 10th day of April in the yeer of our Reign the 32th leaving the said Margaret his wife w th child with Tho. Posthumus Digges And that the said Thomas Posthumus Diggs born the second day of July in the 32 year aforesaid was Son and Heir of the said Thomas Digges and that the said Thomas Posthumus Digges the Son at the time of the taking of the Inquisition aforesaid was of the age of 2 yeers 9 weeks and 6 dayes as by the Inquisition aforesaid in our Chancery retorned and in the Files there remaining of Record it more fully appeareth And whereas afterwards that is to say the 23th day of January in the Term of Saint Hillary in the yeer of our Reign the 39th before us in our Chancery aforesaid at Westminster aforesaid then being came Christopher Digges and Edward Digges Sons of the said Christopher Digges in the Inquisition aforesaid named and prayed the hearing of the Inquisition aforesaid which was read unto them which being read and heard and by them fully understood the said Christopher and Edward complained them by colour of the said Inquisition aforesaid to be grieved and molested and that they from the possession of the said Lands and Tenements with the appurtenances to the said lands called Eastendown and of two parts of so much of the demesn and of the said Manor of Owtelmestone with the appurtenances to the said Lands called Eastendown adjoyning in 4 parts to be divided as with the aforesaid Lands called Eastendown extend to the third part of all the Mannors Lands and Tenements whereof the aforesaid Christopher the Father dyed seised for the part of the aforesaid Christopher and Edward of the premises aforesaid to be expelled and amoved and that they from the possession thereof and of every parcel thereof by colour of the said Inquisition to be held out and that unjustly by cause they take it by Protestation That the Inquisition aforesaid and the matter in the same contained was insufficient in Law to which they needed not nor by the Law of the Land were holden any waies to Answer And shewing of their Right in that behalf The said Christopher and Edward said That the aforesaid Christopher Digges Father of them the said Thomas Christopher and Edward was in his life time seized in his Demesn as of Fee of and in the aforesaid Mannor of Owtelmeston in Barham in the County aforesaid and of all and singular the Rights Members parcel and appurtenaces whatsoever containing 200 Acres of Land Meadow Pasture and Wood And also was seized of and in the aforesaid Mannor of Yoke and Fockham lying and being in the Parish of Lenham Frensted and Harrisham with his Rights Members and Appurtenances whatsoever containing 800. Acres of Land Meadow Pasture and Wood And of and in the Mannor of Marton lying and being in the Parishes of Sturrey Hackington and Saint Stephen in the said County containing by estimation 40. Acres of Land Pasture Meadow and Wood And of diverse Gardens in the City of Canterbury containing half an Acre of Land And of and in the Mannor of Netherherds with the Appurtenances in the County aforesaid containing 200. Acres of Land And also of a certain peece of Land called Eastendown lying and being in Barham aforesaid containing by Estimation 110. Acres And of another peece or parcel of Land called Haute and Reed lying and being in the Parish of Barham aforesaid containing 61. Acres and a half and in another peece of Land lying in Barham aforesaid late as before is said purchased by Exchange of the aforesaid William Boyes containing 40. Acres of Lands which said Mannors Lands and Tenements and other the premises amount in the whole to 2500. Acres of Lands and the said Christopher Digges the Father of the Tenements aforesaid with the appurtenances in form aforesaid being seized The first day of February in the yeer of our Reign the 19th made his Testament and last Will in Writing and by the said Testament and last Will declared and limitted as to the disposition of the third part of all
Lands whereof the aforesaid Christopher the father dyed seised in 3 parts to be divided that is to say of 416 Acres of Lands which to them for their purpart by the death of the aforesaid Christopher Digges their Father by the Custom aforesaid thereof to them due and belonging are and to them of right descended and ought to descend be amoved and that they to their said purparts of the premises together with the Issues and profits thereof and of every parcel thereof from the time of the taking of the Inquisition aforesaid and in the mean time received be restored c. And wheras we by our letters Patents under our Great Seal of England bearing date at Westminster the 7th day of September in the yeer of our Reign the 38th have committed to Margaret Digges the late Wife of the aforesaid Thomas Digges and now the Wife of Thomas Palmer Esquire the Wardshipp of the body and the Mariage of the said Thomas Posthumus Digges To have enjoy and possess the wardshipp and Mariage of the said Thomas Posthumus Digges to the said Margaret her Executors and assigns until the said Margaret her Executors and assigns the effect of the Mariage of the said Thomas Posthumus Digges receive or have or should receive or have By virtue of which the said Thomas Palmer and Margaret as in the right of the said Margaret are of the Wardship aforesaid possessed and because it seemeth expedient to us that the said Thomas Palmer and Margaret be warned before it be further proceeded in the said plea We command you by good and Lawfull men of your Bayliwick you warn the aforesaid Thomas Palmer and Margaret that they be here before us in our said Chancery in 16 dayes of Easter next following wheresoever it then shall be to Inform us and our Council wherefore our hands from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the said Manor of Owtelmestone next adjoyning to the aforesaid Lands called Eastendown as should amount to the third part of the aforesaid Manors Lands and Tenements whereof the aforesaid Christopher Digges the Father dyed seised in 4 parts to be divided that is to say of 416 Acres of Land which to the aforesaid Christopher and Edward for their purpart after the death of the Christopher their Father according to the Custom aforesaid thereof to the aforesaid Christopher and Edward are due and belonging and which to them of right descended and ought to descend be amoved and that the said Christopher and Edward to the said purparts of the said premises together with the Issues and profits thereof and each parcel thereof from the time of the taking of the Inquisition aforesaid in the mean time received ought not to be restored according to the said plea and petition of the said Christopher and Edward and farther to do and receive which our Court shall consider in this behalf Witness my self at Westminster the 23th day of January in the yeer of our Reign the 40th And have here the names of them by whom you gave warning and this writ And now at this day that is to say the aforesaid 15. dayes of Easter before the Lady the Queen in her Chancery here that is to say at Westminster aforesaid come the aforesaid Christopher Digges the Son and Edward Digges by John Rotherham their Attorny of themselves the 4th day against the said Thomas Palmer and Margaret of the Plea aforesaid and George More Knight Sherif of the said County of Sussex before the said Lady the Queen in her said Chancery here sent the said Writ executed and retorned that is to say that he by virtue of the said Writ to him directed the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 40th abovesaid by John Byrstie Gent. and Thomas Wolfe Gent. good and lawful men of his Balywick gave warning to the said Thomas Palmer and Margaret to be here at this day to in form the said Lady the Queen and her Council as the Writ aforesaid in it importeth and requireth and as by the said Writ to him it was commanded At which day the said Thomas Palmer and Margaret before the aforesaid Lady the Queen in the said Court here at Westminster aforesaid according to the warning aforesaid to them as before is said given come likewise and pray licence with the Queens Council thereof to imparl before the said Lady the Queen in the said Court here until the Morrow of the Holy Trinity then next following c. Wheresoever c. And then to Answer c. And have it c. And the same day is given to the aforesaid Christopher Digges the Son and Edward Digges then and there c. At which Morrow of the Holy Trinity before the said Lady the Queen in the said Court here that is to say at Westminster aforesaid come aswel the aforesaid Christophâ—r Digges the Son and the said Edward Digges as the aforesaid Thomas Palmer and Margaret by their Attornies aforesaid And upon this the said Thomas Palmer and Margaret pray licence further with the Queens Council thereof to iâ—parl before the said Lady the Queen in the said Court here until 8. dayes of St. Michael then next coming c. wheresoever c. and then to Answer c. and have c. And the same day is given to the aforesaid Christopher Digges the Son and Edward Digges then and there c. At which 8. dayes of St. Michael before the aforesaid Lady the Queen in the said Court here that is to say at Westminster aforesaid came aswel the aforesaid Christopher Digges the Son and Edward Digges as the aforesaid Thomas Palmer and Margaret by their Attornies aforesaid and upon this the said Thomas and Margaret pray the hearing of the Writ aforesaid and it is read unto them c. Which being read and heard The said Thomas and Margaret say That the Hands of the said Lady the Queen from the said two parties of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the aforesaid Manor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Manors Lands and Tenements in 4. parts to be divided nor from any part thereof ought to be amoved nor the aforesaid Christopher Digges the Son and Edward Digges to the aforesaid purparts of the premises above demanded together with the Issues and Profits of the purparts of the premises in the mean time aforesaid received ought not to be restored Because protesting that the aforesaid Manors and Tenements of which it is supposed the aforesaid Christopher Digges the Father to have dyed seized or any part thereof are not of the nature of Gavelkind in the said County of Kent protesting also that the said Christopher Digges the Father by his last Will and Testament did not Will and Devise the Manors and
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
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
their demesn as of Fee and Right and of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof then they brought sute c. And the said John Hunt in his proper person then defended his Right when c. And vouched thereof to warranty the aforesaid William Capel who then present there in the same Court here in his proper person willingly the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid to him did warrant And upon that The said Thomas and Baldwin then demanded against the aforesaid William Tenant by his Warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advoson aforesaid in form aforesaid c. And whereupon then said That they themselves were seized of the Manor Tenements and Rents aforesaid with the Appurtenances in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid William Tenant by his Warranty aforesaid then defended his Right when c. And further then vouched to warranty John Howel who then likewise was present here in the said Court in his proper person and willingly the Manor Tenements and Rents aforesaid with the Apurtenances and the Advowson aforesaid to him did warrant c. And thereupon The said Thomas and Baldwin then demanded against him the said John Howel Tenant by his warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rents aforesaid in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the said Lady the Queen that now is taking the Profits therof to the value c. in wch c. And thereof then brought therâ— sute c. And the aforesaid John Howell Tenant by his Warranty defended then his Right when c. And then said That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin of the Manor Tenements and Rents aforesaid with the Appurtenances and of the Advowson aforesaid as the said Thomas and Baldwin by their Writ and Declaration above then supposed and of that then put themselves upon the Country and the aforesaid Thomas Spenceley and John Barldwin then demanded licence thereof to in parl and had it and aferwards the said Thomas and Baldwin came back here into the same Court here the same Term in their proper persons and the aforesaid John Howel although he was solemnly called did not then come back but in contempt of the Court departed and made default By which Then it was granted in the same Court here That the aforesaid Thomas Spenceley and Baldwin recover their seisin against him the said John Hunt of the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid And that the said John should have of the Lands of the said William Capel to the value c. And that the said William further should have of the Lands of the said John Howel to the value c. And that the said John then should be in mercy c. By virtue of which Recovery The aforesaid Thomas Spenceley and Baldwin into the Manor and Tenements aforesaid with the Appurtenances entred and was thereof seized in their demesn as of Fee Which Recovery and the Execution thereof in form aforesaid sued forth and had was to the use of the said John Hunt and his Heirs for ever By which and by force of the Statute aforesaid the said John Hunt was seized of the Manor aforesaid with the Appurtenances in his demesn as of Fee And so thereof being seized before the time of the taking c. put his Cattel aforesaid into the aforesaid 300. Acres of Land the grass then there growing to eat and the Cattel aforesaid were in the said 300. Acres of Land the grass in them then growing eating until the aforesaid Thomas Gateley the aforesaid 22th day of November in the yeer of the said Lady the Queen that now is at Hew Capel aforesaid in the aforesaid place called Stockins took the said Cattel of him the said John and them unjuly detained against Gages and Pledges until c. as the said John against him above complaineth And this he is ready to aver Wherefore in as much as the aforesaid Thomas Gately the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said John demands Judgement and his damages for the occasion of the taking and unjustly detaining of the said Cattel to him to be adjudged And the aforesaid Thomas Gateley saith That the aforesaid Plea of the said John Hunt in bar of the Avowry aforesaid pleaded iâ— insufficient in Law to bar him the said Thomas as Bayliff of the aforesaid Anthony from the just avowage of the taking of the Cattel a-aforesaid in the place in which c And that he to that Plea in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver wherefore for want of a sufficient Plea in this behalf The said Thomas demands Judgement and a return of the Cattel aforesaid together with his damages to be adjudged unto him c. And the aforesaid John Hunt in as much as he sufficient matter in Law to the aforesaid Thomas as Bayliff of the same Anthony from the just acknowleging of the taking of the Cattel aforesaid in the place aforesaid in which c. to be barred above confesseth which he is ready to aver which matter the aforesaid Thomas doth not deny nor to the same any wayes Answereth but altogether refuseth to admit the same Averment As at first demandeth Judgement and his damages by the occasion of the taking and unjustly detaining of the Cattel aforesaid to be to him adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because that the said Justices here thereof are not yet c. At which day here come aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the said Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid
Messuage or Tenement and other the premises late purchased and bought of the said John Palmer as is aforesaid to the said Robert Archer my Son from and after the day of my death forthwards during his natural life and after the death of Robert Archer my Son I will my said Messuage or Tenement called the Grey-hound together with all the Lands and Grounds which I lately purchased of the said John Palmer shall wholly remain to the Right and next Heir of the same Robert Archer and to the Heirs of his Body lawfully begotten for ever And afterwards the aforesaid Francis Archer dyed of the aforesaid 4. acres of Pasture with the appurtenances amongst other in form aforesaid seized And the said jurors further say upon their Oath That the aforesaid Francis Archer purchased the aforesaid 4. acres of Pasture with their appurtenances of the aforesaid John Palmer in the aforesaid last Will of the aforesaid Francis named And the jurors further say upon their Oath That after the death of the said Francis Archer the aforesaid Robert Archer being Son and Heir apparent of the aforesaid Francis into the aforesaid 4. acres of Pasture with their appurtenances entred and was thereof seized of such estate as the Law in this case requireth And the said Robert so thereof being seized before the aforesaid time in which c. that is to say the 21th day of January in the yeer of the Reign of the said Lady the Queen that now is the 26th by his deed of Feoffment with the Seal of the said Robert sealed and to the jurors aforesaid in Evidence shewed Enfeoffed one John Kent Father of the said John Kent in the Conusance aforesaid above named of the aforesaid 4. acres of Pasture with their appurtenances in which c. amongst other By the name of all that his Messuage or Tenement and all Houses Buildings Barns Orchards Gardens with the appurtenances sometimes called or known by the name of the Grey-hound or otherwise or by what other name or names the same were called or known situate lying and being in Bocking aforesaid in a street there called Bocking haud and of all those Lands Meadowes and Pastures to the same belonging or appertaining or with the same at any time then before demised used or occupyed lying and being at Bocking aforesaid To have and to hold to the aforesaid Iohn Kent the Father his Heirs and Assignes for ever to the proper use and behoof of the said John his Heirs and Assignes for ever And further the said Robert Archer and his Heirs by the deed aforesaid all and singular the aforesaid Messuages or Tenements Houses Buildings Meadowes Pastures and other the premises aforesaid with the appurtenances to the aforesaid John Kent the Father his Heirs and Assignes to the use in the said deed mentioned against all men did warrant as by the said Charter of Feoffment to the Jurors aforesaid given in Evidence it more fully appeareth By virtue of which Feoffment the aforesaid John Kent the Father was seized of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee And further the Jurors afore say upon their Oath That after the Feoffment aforesaid in form aforesaid made The aforesaid John Archer Son and right and next Heir apparent of the aforesaid Robert Archer in the lives of the aforesaid Robert Archer and John Kent the Father into the aforesaid 4. Acres of Pasture with the appurtenances in which c. Upon the possession of the aforesaid John Kent the Father thereof entred upon whose possession of the said John Archer thereof the said John Kent the Father afterwards re-entred and was of the aforesaid 4. Acres of Pasture with their appurtenances in which c. seized as the Law in this case requireth and the said John Kent the Father so thereof being seized before the aforesaid time in which that is to say the 16th day of May in the yeer of the Reign of the Lady the Queen that now is the 27th made his Testament and last Will in Writing and by the same his last Will gave and bequeathed to the aforesaid John his second Son and his Heirs the aforesaid 4. Acres of Pasture with the appurtenances in which c. amongst other and afterwards and before the time in which c. the aforesaid John Kent the Father of such estate of the aforesaid 4. Acres of Pasture with the appurtenances in which c. dyed seized After whose death The aforesaid John Kent the Son into the aforesaid 4. Acres of Pasture with their Appurtenances entred and was thereof seized of such estate as the Law in this case requireth And afterwards and before the aforesaid time in which c. The aforesaid Robert Archer dyed After whose death The aforesaid John Archer Son and right and next Heir of the aforesaid Robert Archer into the aforesaid 4. Acres of Pasture with the appurtenances in which c. upon the possession of the said John Kent the Son thereof entred and was thereof seized as the Law in this case requireth And the said John Archer so thereof being seized the aforesaid 8th day of November in the 36th yeer aforesaid gave licence to the said William Baldwin to put his Cattel aforesaid into the aforesaid place in which c. the grass in the same then growing to eat By virtue of which licence the said William afterwards that is to say the aforesaid 9th day of January in 36th yeer abovesaid put his Cattel aforesaid into the aforesaid place in which c. to eat the grass then and there growing which Cattel were in the same place in which c. the grass in the same then eating until the aforesaid John Smith as Bayliff of the aforesaid John Kent the Son the aforesaid 9th day of January in the 36th yeer abovesaid in the aforesaid place called the Meadow to the use of the said John the Son entred and took the aforesaid Cattel of the aforesaid William and them detained against Gages and Pledges Until c. as the aforesaid William Baldwin above against the aforesaid John Smith complaineth And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with their appurtenances in which c. the aforesaid time in which c. were not the Soil Freehold of the aforesaid John Kent the Son Then the said Jurors say upon their Oath That the aforesaid 4. Acres of Pasture with the appurtenances in which c. the aforesaid time in which c. were not the Soyl and Freehold of the aforesaid John Kent the Son as the aforesaid William Baldwin above hath alleged And then they assess the damages of the said William Baldwin by occasion of the taking and unjust detaining of the aforesaid Cattel above his costs and charges by him about his sute in this behalf expended to 14. pence
maintain Or them the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged to bar as the aforesaid William and John above have alleged Therefore it is granted that the aforesaid Agnes take nothing by her Writ aforesaid but be in mercy for her false claim And the aforesaid William and John go thereof without day c. And that they have retorn of the Cattel aforesaid to be holden to them irreplegiable for ever And how c. the Sheriff make it appear from the day of Easter 15. dayes c. And it is also granted That the said William and John ought to recover their damages by the occasion aforesaid against the aforesaid Agnes But because it is not known what damages the said VVilliam and John have sustained by that occasion It is commanded the Sheriff that by the Oaths of good and lawful men of the County aforesaid he diligently enquire what damages the said VVilliam and John have sustained aswel by occasion of the premises as their costs and charges by them about their Sute in this behalf expended And the Enquiry which c. They send here at the aforesaid Term under Seal c. and the Seals c. At which day here come the a-aforesaid VVilliam Bredon and John Bredon By their Attorny aforesaid And the Sheriff therof did nothing nor sent the Writ thereoâ— Therefore that an other Writ be made in form aforesaid retornable here from the day of Holy Trinity 15. dayes At which day here came the aforesaid VVilliam and John by their Attorny aforesaid And the Sheriff that is say Thomas Edon Esquire now sent That before the comming of the Writ aforesaid The Cattel aforesaid were esloyned out of his Balywick to places to him unknown By which the Cattel aforesaid to the said VVilliam and John he could not retorn as to him it was commanded Also the same Sheriff sent here a certain Inquision taken before him at Bury Saint Edmonds in the County aforesaid the 30th day of May last past by the Oaths of 12. men c. by virtue of the Writ aforesaid taken by which it is â—ound That the a-aforesaid VVilliam and John sustained damages by the occasion aforesaid above their costs and charge by them about their Sute in this behalf put unto 5. ponnd And for their costs and charges to 10. shillings Therefore it is commanded to the Sheriff That of the other Caâ—tel of the aforesaid Agnes to the value of the Cattel aforesaid first taken he take in Withernam and them to the aforesaid William and John without delay he do deliver to be deteined to them until the Cattel aforesaid first taken were retorned And how c. that he make it appear here in 8. dayes of St. Michael c. And also that the aforesaid Agnes be attached that she be here at the aforesaid Term to answer aswel to the Lady the Queen of her Contempt aforesaid as to the aforesaid VVilliam and John of the damages and injuries to them in this behalf offered c. And also it is granted That the aforesaid William and John recover against the aforesaid Agnes their damages aforesaid to 5. pound and 10. shillings by the Enquiry aforesaid in form aforesaid found as also 2â— pound 3. shillings and 4. pence to them the said William and John at their requests for their Costs and Charges by the Court here of Encrease adjudged which damages in the whole do amount to 26. pound 13. shillings and 4. pence Replevin Hillary Term Anno 35 Eliz. Rot. 498. in the KINGS-BENCH C. 1. part Ann Mayowes Case Fol. 141. Kent GEorge Mason and Francis Easterley were Attached by the Writ of the Lady the Queen of Second Deliverance to Answer to John Kettel of a Plea wherefore they took the Cattel of the said John and them unjustly deteined against Gages Pledges c. And whereupon the said Joh. Kettel by Edward Willan his Attorny complaineth That the aforesaid George and Francis the 18th day of June in the yeer of the Reign of the Lady Elizabeth now Queen of England the 33th at Sutton Atthone in the County aforesaid in a certain place there called Abrahams Land took Cattel that is to say 7. Cowes and One Bull of the said John and them un justly deteined against Gages and Pledges until c. Whereupon the said John Kettel saith that he is the worse and hath damage to the value of 30. pound and thereof bringeth sute c. And the aforesaid George Mason and Francis Easterley by Michael Low their Attorny come and deâ—end the force and injury when c. And justly c. Because they say That the aforesaid Plea in which it is supposed the taking of the Cattel aforesaid to have been done doth contein and at the time of the taking aforesaid above supposed to be done did contein in it self by Estimation 8. Acres of Pasture with the Appurtenances in Sutton Atthone aforesaid and that long before the aforesaid time in which c. One Dionisius Mayow Gentleman was of the aforesaid place in which c. amongst other seized in his demesn as of Fee and so thereof being seized The same Dionisius afterwards that is to say before the time of the taking aforesaid above supposed to be done that is to say The 30th day of May in the yeer of the Reign of the said â—ady the Queen that now is the 19th at Sutton Atthone aforesaid by his Writing sealed with his Seal and to the Court of the Lady the Queen that now is brought bearing date the same day and yeer gave and granted to the aforesaid Ann by the name of Ann Maxey of Chigwell in the County of Essex One Annuity or yeerly Rent of 20. pound of lawful Mony of England to be issuing out of the aforesaid place in which c. Amongst other by the names of all Lands and Tenements of him the said Dionisius in Sutton Atthone aforesaid and in Willington in the aforesaid County of Kent To have and perceive the aforesaid Annuity or yeerly Rent aforesaid of 20. pound aforesaid to the aforesaid Ann and her Assignes for the time of the natural life of her the said Ann at the Feast of the blessed Lady Mary the Virgin St. Michael the Archangel by equal portions yeerly to be perceived And if it should happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said ought to be paid within 40. dayes after any Feast of the Feasts in part or in whole be behind and not paid that then it be lawful to the aforesaid Ann or her Assignes in the Tenements aforesaid with the Appurtenances to enter and distrein and the distresses there found or taken to carry away lead and drive and with her to keep until of the whole aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any should be to her she
should be fully satisfied and paid as by the said Writing amongst other things more fully appeareth By virtue of which Gift and Grant the said Ann was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And so thereof being seized The said Ann afterwards and before the time in which c. at Suâ—ton Atthone aforesaid took to Husband the aforesaid Dionisius And afterwards and before the time in which it is supposed the taking aforesaid of the Cattel aforesaid to be done that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th the aforesaid Dionisius at Sutton Atthone aforesaid dyed and the aforesaid Ann him over lived and was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by one whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th and within the space of 40. dayes then next following were not paid to the said Ann but were behind The said George Mason and Francis as Bayliffs of the said Ann do well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver Whereupon They demand Judgement and Retorn of the Cattel aforesaid together with their damages costs and charges by them about their Sute in this behalf put unto to be adjudged unto them c. And the aforesaid John Kettel saith That the aforesaid George Mason and Francis Easterly by any thing before alleged the taking of the Cattel aforesaid in the aforesaid place in which to be just ought not to acknowledge For he saith that long before the aforesaid time of taking of the aforesaid Cattel done and long before the grant of the aforesaid Annuity or yeerly Rent aforesaid of 40 pound And long before the said Dionisius Mayow had any thing of and in the aforesaid 8. Acres of Pasture with their Appurtenanes One Thomas Mayow was thereof seized in his demesn as of Fee And so being thereof seized The said Tho-Mayow before the time of the taking of the Cattel aforesaid long before the Grant of the aforesaid Annuity that is to say the 15. day of January in the yeer of the Reign of the Lady the Queen the 19th at Sutton Atthone aforesaid of the said 8. Acres of Pasture with the Appurtenances in which c. Enfeossed one Thomas Scot of Sutton Atthone aforesaid Gentleman and John Fremling of Dartford in the said County Baker amongst other things By the name of all those his Two Manors of Sawters and Sawley with the Barns Stables Dove-houses and all other the Houses and Buildings to the said Manors belonging Orchards Gardens with the Appurtenances situate lying and being in Sutton Atthone aforesaid then in the Tenure or Occupation of the said Thomas Mayow and also by the name of all other his Houses and Buildings Lands and Tenements Meadow Pasture Woods and Underwoods Rents and Reversions situate lying and being within the Towns Parishes and Fields of Sutton Atthone aforesaid Wilmington and Dartford or elsewhere in the aforesaid County of Kent as also the Reversion and Remainder of all and singular the premises Rents and yeerly profits reserved upon whatsoever Demises or Grants of the premises or any parcel thereof before then made To have and to hold the aforesaid Manors and other the premises with the Appurtenances whereof c. To the aforesaid Thomas Scot and John Fremling their Heirs and Assignes for ever to the only use and behoof of the aforesaid Dionise Mayow Son and Heir Apparent of the said Thomas Mayow his Heirs and Assignes for ever of the chief Lords of the Fee by the services thereof first due and of right accustomed upon the Conditions following That is to say That the aforesaid Dionise Mayow or his Heirs should pay or cause to paid to Petronill Martin of Mylton in the aforesaid County of Kent Widow the yeerly Rent of 10. pound for the Term of the life of her the said Petronill Which yeerly Rent of 10. pound the aforesaid Thomas Mayow to the aforesaid Petronill before had granted for and in consideration of a Mariage to be had and solemnized between the aforesaid Thomas Mayow and the aforesaid Petronill after the death of the aforesaid Thomas Mayow And upon Condition That if the aforesaid Thomas Mayow at any time during the natural life of the said Thomas should pay or cause to be paid to the aforesaid Thomas Scot and John Fremling or to either of them or to the Heirs of the longer liver of them 10. shillings of good and lawful Mony of England that then the Feoffment aforesaid should be void and of no force in Law And that then it should be lawful to the aforesaid Tho. Mayow into the aforesaid Two Manors and all the premises with the Appurtenances whereof c. to re-enter and the same to have again in his former Estate and Condition any Act Thing Cause or Matter whatsoever to the contrary thereof notwithstanding By virtue of which Feoâ—fment and by force of a certain Act in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th of transferring uses into possession The said Dionise Mayow was seized of the aforesad 8. Acres of Pasture with the Appurtenances in which in his demesn as of Fee upon the Conditions aforesaid And so thereof being seized The said Dionise before the aforesaid time of taking the Cattel aforesaid that is to say the 30th day of May in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid at Sutton Atthone aforesaid by his Writing â—ealâ—d with his Seal bearing date the same day and yeer Gave and Granted to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex the Annuity or yeerly Rent aforesaid of 20. pound to be issuing out of the aforesaid place in which c. amongst other in manner and form as the aforesaid George Mason and Francis Easterley above in their Conusance abovesaid have allâ—ged And the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the said Dionise and afterwards and before the time of the taking of the Cattel aforesaid that is to say the 30th day of January in the yeer of the Reign of the said Lady the Queen that now is the 24th The aforesaid Thomas Mayow at Sutton Atthone aforesaid payed to the aforesaid Thomas Scot and John
in her demesn as of Freehold for the Term of her life And so thereof being seized the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the aforesaid Dionise And afterwards and before the aforesaid time in which it is supposed the taking of the Cattel aforesaid to be done that is to say the aforesaid 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid the aforesaid Dionise at Sutton aforesaid dyed And the aforesaid Ann him overlived and was and yet is of the aforesaid Annuity or yeerly Rent of 20. pound seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by a whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid and within the space of 40. dayes then next following were not paid to the said Ann but were behind the aforesaid George Mason and Francis Easterley as Bayliffs of the said Ann do acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. As in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver whereupon as at first they demand Judgement and Retorn of the Cattel aforesaid with their Damages Costs and Expenses by them about their Sute in this behalf put unto according to the form of the Statute in such case had and provided to be adjudged unto them c. And upon this the aforesaid John Kettel prayeth That the Writing of Confirmation of the Annuity aforesaid be inrouled in these words c. And it is inrouled in this form as followeth ss To all Christian People to whom this present Writing shall come Thomas Mayow of Sutton Atthone aforesaid in the County of Kent Gentleman and Dionise Mayow Son and Heir Apparent of the said Thomas Mayow of Bernards Inn in the County of Middlesex Gentleman greeting in our Lord God everlasting Knâ—w yee We the aforesaid Thomas and Dionise to have given granted and in this our present Writing confirmed to Ann Maxey of Chigwell in the County of Essex for and in Consideration of a certain Mariage to be had and solemnized Between the aforesaid Dionise Mayow and Ann Maxey foresaid one yeerly Rent or Annuity of 20. pound of lawful Mony of England of all our or either of our Lands and Tenements in Sutton Atthone aforesaid and Wilmington in the County of Kent aforesaid To have and perceive the said yeerly Rent or Annuity of 20. pound aforesaid of the aforesaid Lands and Tenements with their Appurtenances to the aforesaid Ann and her Assignes for the term of the life of the aforesaid Ann at the Feasts of the Annuntiation of the blessed Mary the Virgin and Saint Michael the Archangel by equal portions yeerly to be perceived And if it happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said it ought to be paid within 40. dayes after any of the a-aforesaid Feasts in part or in all to be behind and unpaid That then it be lawful to the aforesaid Ann and her Assignes into the aforesaid Lands and Tenements to enter and distrein and the distresses there found and taken to carry away lead drive and with them to keep untill of the aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any were to them it be satisfied and paid of which yeerly Rent or Annuity we have put the aforesaid Ann Maxey in full possession and seizin by paying of one penny of lawful Mony of England c. In witnesse whereof we the aforesaid Thâ— Mayow and Dienise Mayow to this our present Writing our Hands and Seals have put Dated the 30th day of May in the yeer of the Reign of our Lady Elizabeth by the Grace of God oâ— England France and Ireland Defender of the Faith c. the 19th Which being Read and Heard The said John Kettel saith That the Plea aforesaid by the aforesaid George and Francis above to the Bar of the said John Kettell aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contained is not sufficient in Law to the taking of the Cattel aforesaid in the place aforesaid in which c. justly acknowledged to which the said John Kettell needeth not or by the Law of the Land is any wayes bound to Answer Wherefore for want of a sufficient Plea in this behalf the same John as at first demandeth Judgement and his damages aforesaid by the occasion aforesaid to be to him adjudged c. And the aforesaid George Mason and Francis Easterley say that the plea aforesaid by them the said George and Francis above unto the Bar of the aforesaid John Kettell aforesaid to the Conusance aforesaid in maÌ„ner form aforesaid above pleaded the matter in the same coÌ„tained is good and sufficient in Law to the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged Which Plea the matter therein conteined the said George and Francis are ready to aver and prove as the Court c. And because the aforesaid John Kettell to that Plea doth not Answer nor the same as yet any wayes denyeth The said George and Francis as at first demand Judgement and Retorn of the Cattel aforesaid together with their damages according to the form of the Statute in such case late had and provided to them to be adjuged And because the Court of the Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised day is given to the parties aforesaid before the Lady the Queen until from the day of Easter 15. dayes wheresoever c. to hear their Judgemen of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Quen that now is here of giving their Judgement of upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen in the Morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin came the parties aforesaid by their Attornies aforesaid And because the Court of the Laâ—y the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the
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
any Estate of the premises aforesaid recited intailed or mentioned to be intailed or any part thereof in use or possession mentioned appointed limited or declared by the same Indenture can ought or could in any manner or manners be undone discontinued barred altered oâ— determined and the said Bargain Sale Exchange Alienation Devisement Conclusion Agreement Promission Communication Concession Obligation Conveiance or Assurance or any other open and effectual matter thing or Act should attempt go about cause procure command or willingly or wittingly should assent practise or suffer to be attempted practise in any Act to put in ure or to go about or to be executed performed or to be prosecuted put in use or in ure by acknowledging of any Note or Notes of or for any Fine or Fines to be levied or acknowledged or by giving of any Warrant or Warrants of Attorny or Attornies for any Recovery or Recoveries or any Voucher or Vouchers to be had or prosecuted or by entring into any Warranty or Warranties whatsoever or by acknowledging of any Warrant for the same or by any Sute or bringing of any Writ or Writs by him them or those or by any of her or their Assent and Agreement or by Assent by appearance or otherwise to any Writ or Writs of the aforesaid recited premises or of any part or parcel thereof or to any thing in the same or any of them or by acknowledging of any Charter or Charters Writing or Writings to be inrolled or by any other Act or Acts thing or things whatsoever in deed or in Law whereupon or by which any Bargain Sale Discontinuance Allienation Exchange or Forfeiture might follow or by which the Estate Use or Possession of the aforesaid recited premises intailed or mentioned to be intailed or any parcel thereof cannot ought or could come accrue remain and descend to be in such manner and form as by the same Indenture it is limited appointed declared and mentioned and according to the true intent and meaning of the aforesaid Indenture That then and immediately from and after any such time and times of such procuring attempting commanding knowing assent practice promise or going about in manner and form as above is said and before such Bargain Sale Discontinuance Alienation Exchange or Forfeiture had made prosecuted executed Committed or done the said Use and Uses Estate and Estates limited and declared in the Indenture aforesaid to him or them who shall so attempt cause procure command or voluntarily or knowingly assent practise or go about any such Act or Acts thing or things to be prosecuted or to be executed or to be performed or done or put in ure or shall go about to be executed or performed or put in ure in form aforesaid declared Whereupon or by which any Bargain Sale Discontinuance Alienation Conveiance Assurance Exchange or Forfeiture should be had done or ensue thereupon contrary to the true intent of the Indenture aforesaid of and in such and so much of the aforesaid recited Manors Lands Tenements and Hereditaments with the Appurtenances intailed or mentioned to be intailed or intended by the same Indenture for the which any of the things or matters aforesaid at any time or times should be attempted gone about caused procured commanded assented practised or the premises to be executed performed practised or put in ure or gon about to be executed performed or put in ure contrary to the true intent of the Indenture aforesaid from time to time should cease only as in respect and having regard to such person or persons so attempting procuring causing commanding willingly and wittingly assenting practising permitting or going about any Act or Acts thing or things as above it is said contrary to the effect and true meaning of the Indenture aforesaid in such manner degree and condition as if such person or persons Heir or Heirs so attempting procuring causing commanding willingly and wittingly assenting practising permitting or going about any such Act or Acts thing or things as above is said had naturally been dead and not otherwise And then and in all such cases the immediate uses of every of such parcel of the premises should be immediatly to such person or persons by the true intent and meaning of the Indenture aforesaid If any such person or persons should so procure or procured attempt or attempted cause or caused command or commanded should practise or practised should suffer or sufferd go about or about should assent or assented to or for any such Act or Acts thing or things be or should be naturally dead of such Estate and in such like manner and form and with the Remainder in use over and with such like limitations and conditions as if the said uses had come accrued and been if the same person who so should procure attempt cause command practise suffer go about or assent to or for any such Act or Acts thing or things to be done to or immediatly before the time of such procuring attempting causing commanding practising suffering going about or assenting had been naturally dead and not otherwise as by the same Indenture amongst other things more fully appeareth And the said Arthur further saith That the aforesaid Rowland of the Manor aforesaid with the Appurtenances whereof c. amongst other things in form aforesaid being seized One Robert Greenhurst the 23th day of January in the yeer of the Reign of the said Lady the Queen that now is the 36th by the command procurement consent of the aforesaid Rowl sued forth out of the Court of Chanc. of the same Lady the Queen the said Court of Chancery then being at VVestminster in the County of Middlesex a certain Writ of the said Lady the Queen of Entry Sur Disseisin in the Post against the aforesaid Rowland Corbet â—he Manor of Stokefaston with the Appurtenances whereof c. amongâ—â—â—ther things by the Name of the Manor of Stokefaston with the Appurtenances and 5. Messuages 500. Acres of Land 100. Acres of Meadow 200. Acres of Pasture with the Appurtenances in Stokefaston to the Sheriff of the aforesaid County of Leicester directed By which Writ the said Lady the Queen that now is coÌ„manded the said then Sheriff of Leicester That he the said Sheriff the aforesaid Rowland that justly and without delay herender the said Robert Greenhurst the aforesaid Manor of Stokefaston with the Appurtenances and the aforesaid 5. Messuages 500. Acres of Land 100. Ares of Meadow 200. Acres of Pasture with the Appurtenances in Stokefaston which then he claimed to be his Right and Inheritance and in which the said Rowland had not entry But after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers then last past as the said Robert then said And wherupon he then complained that the aforesaid Rowland did him deforce And if he should not do c. and the aforesaid Robert Greenhurst should secure him the said Sheriff for the prosecuting of his claim
to the Sheriff that he cause to come from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. To Recognize c. Because as well c. Afterwards the processe was continued between the parties aforesaid of the Plea aforesaid by Jurors put between them in respite here until this day that is to say the Morrow of Saint Martin in the yeer of the Reign of the Lady the Queen that now is 25th And now at this day come as as well the aforesaid VVilliam Thoroughgood as the aforesaid VVilliam Cole by their Attornies aforesaid And the Jurors thereof impannelled likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath that the aforesaid VVilliam Thoroughgood is a Lay-man and unlearned and that divers arrerages of the yeerly payments aforesaid to the aforesaid VVilliam Thoroughgood the aforesaid time of making of the aforesaid Writing of Release were unpaid And also that the said Wriging of Release at the time of the sealing thereof was not read to the aforesaid VVilliam Thoroughgood But after one Thomas VVard had begun to read that Writing to the aforesaid VVillam Thoroughgood One John VVard snatcht that Writing out of the hands of the aforesaid Thomas before he had read the first line thereof saying to the aforesaid VVilliam Thoroughgood these words following Good-man Thoroughgood you are a man unlearned and I will declare it unto you and make you understand it better than you can by hearing it read And afterwards the aforesaid John VVard declared the aforesaid Writing of Release to the aforesaid VVilliam Thoroughgood in these words following Good-man Thoroughgood the effect of it is this That you do release to VVilliam Chicken all the arrerages of Rent that he doth ow you and no otherwise and then you shall have your Land again meaning the Tenements aforesaid of new assigned To which the aforesaid VVilliam Thoroughgood then answered in these words following that is to say If it be no otherwise I am content And upon that The said VVillam Thoroughgood giving credit to the words of the aforesaid John VVard then and there sealed the said Writing of Release and delivered it to the aforesaid VVilliam Chicken But whether upon the whole matter in form aforesaid found The said Writing of Release be and in Law ought to be adjudged the deed of the aforesaid VVilliam Thoroughgood or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise of the Justices and the Court here And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here that the Writing is not nor ought in Law to be adjudged the deed of the aforesaid VVilliam Thoroughgood Then the said Jurors say upon their Oath That the aforesaid Writing of Release is not the deed of the aforesaid VVillliam Thoroughgood as the said William above allegeth and they assesse Damages of the said William Thoroughgood by occasion of the Trespasse aforesaid above his costs and charges by him in this part about his Sute expended to 20. shillings and for his costs and charges to 12. pence And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the Writing aforesaid of Release is the deed of the aforesaid William Thoroughgood as the aforesaid VVilliam Cole above hath alleged Then the said Jurors say upon their Oath That the said Writing of Release is the deed of the aforesaid William Thoroughgood as the said William Cole above hath alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to here their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And upon this The premises being seen and by the Justices here fully understood It is granted That the aforesaid William Thoroughgood shall recover against the said William Cole his damages to 21. shillings by the Jurors aforesaid in form aforesaid assessed as also 23. pound 19. shillings to the said VVilliam Thoroughgood at his Request for his costs and charges aforesaid by the Court of Encrease adjudged which damages in the whole do amount to 25. pound and that the aforesaid VVilliam Cole be taken c. TRESPAS Easter Term Anno 310. ELIZABETH Rot. 115. in the COMMON-PLEAS C. 2. part Baldwins Case fol. 18. CCristopher Marton late of Marton in the County aforesaid Esquire was York Attached to answer Anthony Baldwin of a Plea wherefore with force and Arms the Close of him the said Anthony at Marton he brake and his Corn there to the value of 10. pound there late growing with his Feet trod and consumed and other harms to him did to the grievous damage of him the said Anthony and against the Peace of the Lady the Queen that now is c. And whereupon the said Anthony by Robert Somervile his Attorny complaineth That the aforesaid Christopher the 10th day of September in the yeer of the Reign of the Lady the Queen that now is the 30th with force and Arms the Close of him the said Anthony at Marton broke and his Corn that is to say Oats to the value c. then there late growing with his Feet trod and consumed And other harms c. Whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth Sute c. And the aforesaid Christopher by VVilliam Barton his Attorny cometh and defendeth the force and injury when c. And as to the force and Arms he saith that he is thereof not guilty And as to the rest of the Trespass aforesaid supposed to be done The said Christopher saith That the aforesaid Anthony his Action against him ought not to have Because he saith That the Close aforesaid as also the places in which it is supposed the Trespass aforesaid to be
afore of new are added whose names in the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurrors so new added that is to say George Snell John Barnacott John Shate George Slade William Killard and Christopher Cheek being called likewise came who to say the truth of the within contained together with the other Jurors aforesaid first impanelled and sworn chosen tryed sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done one Joh. Arundell Esq was seized of the TenemeÌ„ts within written with their AppurtenaÌ„ces in which it is supposed the Trespass within written to be done in his demesn as of fee so therof being seized Afterwards before the within written time in which c. that is to say the third day of July in the year of the Reign of the Lord Henry late King of England the 8th the 30th Demised to one John Tooker and to the within named Will. Rud the Tenement within written with the Appurtenances in which c. amongst other things To have and to hold to the said John Tooker and William Rud for the term of their lives and the life of the longest liver of them the said John and William By vertue of which Demise the said John Tooker and William Rud were seized of the Tenements within written with the Appurtenances in which c. in their Demesn as of Freehold for the term of the lives of them the said John and William and the longest liver of them and so being thereof seized and the said John Arundel of the Reversion of the Tenements within written with the Appurtenances in which c. being seized the said John Arundel afterwards and within the time in which c. At Morthoe within written of such estate died seized after whose death the Reversion of the Tenements aforesaid with the Appurtenances in which c. amongst other things descended to one John Arundel Knight as Son and Heir of the aforesaid John Arundel By which the said John Arundel Knight was seized of the aforesaid Reversion of the Tenements within written with the Appurtenances in which c. in his Demesn as of Fee and so thereof being seized afterwards and before the within written time in which c. that is to say the 20th day of September in the year of the Reign of the said Lady the Queen that now is the 10th At Morthoe within written by his writing Indented one part of which sealed with the Seal of the said John Arundel Knight was shewed to the said Jurors in evidence whose date is the same day and year granâ—ed the Reversion of the Tenements within written with the Appurtenances in which c. amongst other things to the same Edward Tooker for the term of his life when after death surrender or forfeiture of the aforesaid John Tooker and William Rud it should happen as by the said Writing Indented amongst other things more fully appeareth To which grant of the Reversion of the Tenements within written with the Appurtenances in which c. amongst other things to the same Edward by the aforesaid John Arundel Knight in form aforesaid made the aforesaid John Tooker being Tenant of the Tenements aforesaid within written with the Appurtenances in which c. for the term of his life joyntly with the aforesaid William Rud afterwards and before the within written time in which c. At Morthoe within written to the aforesaid Edward thereof Attorned and agreed By colour of which Grant of the Reversion aforesaid and of the Attornment and Agreement aforesaid the aforesaid Edward was seized of the Reversion of the Tenements within written with the Appurtenances in which c. as the Law requireth as of Freehold for the term of his life and so thereof being seized and the aforesaid John Tooker and William Rud of the Tenements within written with the Appurtenances in which c. amongst other things being seized The said John Tooker afterwards and before the within written time in which c. that is to say the 14th day of December in the year of the Reign of the said Lady the Queen that now is the 31th at Morthoe aforesaid made to the said Edward Tooker a certain Writing of Surrender of the Tenements within written with the Appurtenances in which c. amongst other things which to the Jurors aforesaid was shewed the Tenor of which followeth in these words To all Christian people to whom this present writing shall come I John Tooker of Morthoe in the County of Devon Yeoman sendeth greeting in our Lord God everlasting Whereas I the said John Tooker and William Rud do hold joyntly for term of their lives and the life of the longest liver of them All the Capital Messuage and Lands Tenements and Hereditaments called Barton Lands in the Mannor of Sprecombe or parcel of the said Mannor and all those Lands Tenements and Hereditaments with the Appurtenances in Hokesmil with the Pasture of Hokeswood and Common of Pasture upon Hokesdown parcel of the said Mannor of the Demise and grant of John Arundel Esquire as by the Deed of Demise and Grant thereof made by the said John Arundel at large and plainly it doth and may appear Now know ye that the said John Tooker for divers and sundry causes and considerations him moving doth by these presents suâ—render and yield up unto Edward Tooker the son of the said John Tooker to whom the Reversion of all and singular the premises is granted and doth belong or the term of the life of the said Edward All his Estate Title and Interest in and to the premises and in and to every part and parcel thereof in as large and ample manner as he the said John Tooker can or may surrender the same In Witness whereof the said John Tooker to these presents hath set his Seal Given the 14th day of December in the 31th yeer of the Reign of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland defender of the Faith c. And further the said Jurors say upon their Oath aforesaid That the aforesaid John Tooker afterwards and before the within written time in which c. At Morthoe aforesaid dyed And that the said Edward afterwards that is to say the within written first day of April in the yeer of the Reign of the said Lady the Queen that now is the 36th aforesaid claiming to have and occupy the Tenements within written with the Appurtenances in which in Common with the said William Rud by virtue of the aforesaid Writing of Surrender by the aforesaid John Tooker in form aforesaid made into the Tenements aforesaid with the Appurtenances in which c. entred and the Grass within written to the value c. in the Close aforesaid then growing with the Cattel within written fed trod and Consumed as the aforesaid William Rud
of King James founded in Hallingbury in the County of Essex at the humble Petition and at the only Costs and Charges of Thomas Sutton Esquire And that they the said Governors may have a perpetual Succession and that by that name they and their Successors may for ever have hold and enjoy the Manors Lordships Messuages Lands Tenements and Hereditaments hereafter mentioned without any License of pardon for any alienation of them or any of them and without any License of or for Mortmain or any other Law or Statute to the contrary notwithstanding That is to say your Suppliants Manors and Lordships of Southminster Norton little Hallingbury otherwise Hallingbury Bowchers and Much Stambridge in the County of Essex with all their and every of their Rights Members and Appurtenances whatsoever And all those your supplyants Manors and Lordships of Baslingthorp in Dunnesby in the County of Lincoln with theirs and either of their Rights Members and Appurtenances whatsoever And also all those your supplyants Manors of Salthope otherwise of Saltrop Chilton and black grove with their and every of their Rights Members and Appurtenances in the said County of Wilts And all those your supplyants Lands and Pasture grounds called Black-grove conteining by estimation 200. Acres of Pasture with the Appurtenances in Black-grove and Wroughton in the said County of VVilts And all that your supplyants Manor of Mihenden otherwise called Miganden in the parishes of VVroughton Hygerd and Tregoce in the said County of VVilts And all that your spplyâ—nts Manor of Elcombe and the Park called Elcombe Park in the said County of VVilts And all those your supplyants Manor of Vvitlescot otherwise called VVigglescot otherwise called VViglescote otherwise called Webescete in the County of Wilts And all those your supplyants Lands and Pastures called VVescete with the Appurtenances in the said County of VVilts And all that your supplyants Manor of VVescote otherwise called VVescete with the Appurtenances in the said County of Wilts And all those your supplyants Lands and Pastures contayning by estimation 100. Acres of Land and 60. Acres of Pasture in VVigliscot and VVroughton in the said County of Wilts And all that your supplyants Manor of Offcote with the Appurtenances in the said County of Wilts And all those your supplyants two Messuages and 1000 Acres of Land 2000. Acres of Pasture 300. Acres of Meadow and 300. Acres of Wood with the Appurtenances in Brodelinton in the said County of Wilts And also all those your supplyants Manors and Lordships of Campes otherwise called Campes otherwise called Campes-Castle otherwise called Castle Campes situate lying being and extending in the Counties of Cambridge and Essex or in either of them or elsewhere within the Realm of England And also all that your supplyants Manor of Balsham in the County of Cambridge with all and singular the Rights Members and Appurtenances thereof whatsoever And also all that your supplyants Messuage and Lands situate and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said Messuage was late purchased of Sir VVilliam Bowper Knight and the Lands in Tottenham now are or late were in the tenure or Occupation of VVilliam Benning Yeoman And also all and singular the Manors Lordships Lands Tenements Reversions and Services Meadows Pastures Woods Advowsons Patronages of Churches and Hereditaments of your supplyants whatsoever situate lying and being within the said Counties of Essex Lincoln VVilts Cambridge and Middlesex or any of them with all and every of their Rights Members and appurtenances whatsoever And also all your supplyants Letters Patents Indentures Deeds Evidences Books and Writings concerning the premises or any of them And all such Commissions Warrants Vouchers Actions Sutes Entries Benefits and Demands as shall and may be had by any person or persons upon or by reason of them or any of them except those your supplyans Manors and Lordships of Littlebury and Hadstock in the said County of Essex and except all your suppliants Lands Tenements and Hereditaments in Littelbury and Hadstock aforesaid or either of them And that the said Governour and their successors by the same name shall and may have power ability and capacity to demise lease and grant their Possession and Hereditaments and every of them to take acquire and purchase and to sue and be sued and to do perform and execute all and every other Lawfull Act and thing good necessary and profitable for the said Incorporation in as full and ample manner and form and to all intents constructions and puâ—poses as any other Incorporations or body politick or corporate fully and perfectly founded and incorporated may do And that the same Governours and their successors for the time being may have and use a common Seal for the making graunting and demising of such their demises and Leases and for the doing of all and every other thing touching or in any wise concerning the said Incorporation In which Seal shall be engraven the Arms of the said Thomas Sutton your supplyant And also that it may be further enacted by the authority aforesaid and be it enacted by the authority aforesaid That your supplyant during his life and the said Governours and their Successors for the time being or the most of them after his decease shall and may have full power and Lawfull authority to break alter change the said Seal that your Orator during his life and the said Governours and their Successors for the time being or the most part of them after his decease shall and may have full power and authority to nominate and appoint and sball and may nominate and appoint when and as often as he and they shall think good such person and persons as he and they shall thinke meet to be Master Preacher School-Master Usher Poor Men and Poor Children and Officers of the said Hospital and when any of them by Death Resignation Deprivation or otherwise shall become void shall and may within one moneth then next after such avoydance by writing under the said common Seal nominate appoint one or more Learned discreet and meet men and persons to be Master Preacher School-Master Usher Poor men Poor Children and Officers in the places of them so deceasing resigning or otherwise becoming void and that in case the said Governors and their successors for the time being or the most of them shall not within one moneth after such avoydance make such nomination and appointment as aforesaid that then and so often and in every such case from and after the decease of your said Orator it shall and may be Lawfull to your Majesty your Heirs and Successors by your Letters Patents under the great Seal of England to nominate and appoint some meet godly Learned men in and to the places void by such default of the said Governours and their Successors for the time being or the most part of them as
or the Charter-House and all and singular the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said Thomas Earl of Arundel and Surrey and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever more defend by these presents And the said William Lord Howard and his Heirs the said Capital Messuage or Mansion-house called Howard House or the Charter-House and all and singular other the before mentioned premises and every part and parcel thereof with the Appurtenances unto the said Thomas Sutton his Heirs and Assigns for ever in manner and form aforesaid against him the said William Lord Howard and his Heirs and all and every other person and persons lawfully claiming by from or under him shall and will warrant and for ever defend by these presents In witnesse whereof the parties above named to these present Indentures interchangealy have set their Hands and Seals the day and year above written 1611 as by the same Indenture dated as before is said appeareth All and singular whichpremises by the Indenture a-aforesaid in form aforesaid Bargained are known and vulgarly called and at the time of the Bargain aforesaid were known by the name of the late dissolved Charter House besides Smith field By colour of which Bargain Sale and Inrollment aforesaid As also by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster aforesaid the 4th day of February in the year of his Reign the 27th Of transferring uses in possession to be holden made and provided The same Thomas Sutton in all and singular the bargained premises called the late dissoved Charter-House besides Smith field with the Appurtenances whereof c. entred and was thereof seised in his Demesn as of Fee And so thereof being seized The Lord JAMES now King of England the 22th day of June in the yeer of the Reign of the said Lord the King now of England c. the 9th abovesaid at Westminster aforesaid made his Letters Patents sealed with his Great Seal of England and to the Jurors aforesaid shewed in Evidence The Tenor of which followeth in these words JAMES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To All to whom these presents shall come Greeting Whereas At the last Session of Parliament last past One Act was made and passed Entituled an Act to confirm and enable the Erection and Establishment of and Hospital a Free Grammar-school and sundry other godly and charitable Acts done and intended to be done and performed by Thomas Sutton Esquire as by the same Act of Parliament more at large it doth and may appear And whereas since the said Act The said Thomas Sutton hath purchased to him as his Heirs of our Right Trusty and Well-Beloved Cosin and Counsellor Thomas Earl of Suffolk Lord Chamberlain of our Houshold A great and large Mansion-house commonly called the late dissolved Charter-house besides Smith field together with divers Houses Buildings Courts Yards Gardens Orchards Closes and other Hereditaments to or with the same Mansion-house used or enjoyed or reputed as part parcel member or belonging thereunto within our County of Middlesex Which Mansion house and other the premises the said Thomas Sutton doth conceive to be a more fit and commodious House and Place to place erect and found the said Hospital and Free-school and other the godly and charitable uses aforesaid then in Hallingbury otherwise Hallibury Bowchers in the said Act mentioned And to that end the said Thomas Sutton hath been an humble Suter unto us That we would be graciously pleased to give License Power and Authority unto him the said Thomas Sutton to found erect and establish an Hospital and Free school other the godly and charitable uses by him intended in the said House called the late dissolved Charter-House besides Smith field in our said County of Middlesex And to incorporate the Governours hereafter named to be a Body Corporate and Politick and to have perpetual succession for ever in fact deed or name And by such name of Incorporation as is hereafter mentioned to have full authority and lawful capacity and ability to purchase take hold receive and have to them and their Successors for ever Manors Lands Tenements Rents Annuities Pensions Hereditaments Goods and Chattels as well of us our Heirs and Successors as of any other person or persons whatsoever for the better maintainance of the said Hospital Free-school and other godly and charitable uses aforesaid Know ye therefore That we graciously affecting so good and charitable a work of our princely disposition and care for the furtherance thereof and of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm for us our Heirs and Successors unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them full Power License and lawful Authority at all times hereafter at his and their Will and Pleasure to place erect found and establish at or in the said House called the late dissolved Charter House besides Smith field and other the premises within our said County of Middlesex One Hospital-House or place of abiding for the finding sustentation and relief of poor aged maimed needy and impotent people As also that the said Thomas Sutton during his life and after his death the Governours hereafter named and their Successors and the Survivors or Survivor of them his and their Successors for ever And the Governours hereof for the time being and their Successors shall have full Power License and lawful Authority at his oâ— their Wills and Pleasures respectively from time to time and at all times hereafter to place therein such Master or Head of the said Hospital and numbers of poor peole Men and Children and such other Members and Officers of the said Hospital as to him the said Thomas Sutton during his life and after his death to the said Governours and their Successors and to the Survivors or Survivor of them and to his and their Successors and to the Governours thereof for the time being and their Successors shall seem convenient And further we of our special Grace certain Knowledge and meer Motion Have given granted and confirmed and by these presents do give grant and confirm unto the said Thomas Sutton his Heirs Executors Administrators and Assigns and to every of them at his or their Wills and Pleasures full Power License and lawful Authority at all times hereafter to place erect found and establish at or in the said House called the late dissolved Charter-House besides Smith field and other the premises in our County of Middlesex One Free-school for the instructing teaching maintainance and education of poor Children or Scholars
School-Master Usher Members Officer Officers of or for the said Hospital as he the said Thomas Sutton during his life and after his decease the Governours for the time being and their successors or the more part of them shall think meet and convenient nevertheless if the Rents Reversions or Profits of all or any of the Manors Lands Tenements and Hereditataments Goods or Chattels at any time to be granted and conveyed to the said Governours of the said Hospital and their successors for the maintenance of the people in the said Hospital shall happen to increase or to be raised or augmented to a better or greater yeerly valew theu formerly the same was or that the Rents Revenues and Possessions of the said Hospital shall be further increased by the determination of any former estates in any of the said possessions of the said Hospital otherwise that all and every such increase shall be imployed to the mayntenance of more and other poor people to be placed in the said Hospital or to the further augmentation of the allowances of those persons that for the time being shall be in the said Hospital according to the true Intent and meaning of these presents and shall not be converted or imployed to an private use And also we do by the presents for us our Heirs and successors will grant and ordayn that when soever and as often as any of the said places or Rooms of any of the said Master Preacher School-master or Usher Poor men or Children Scholars Members or Officers or any of them shall happen to become void by Death Resignation Deprivation or otherwise that then and so often it shall and may be Lawfull for the said Thomas Sutton during his life and after his death for the said Governours for the time being and their successors or the most part of them within one Month after such avoydance by writing under the Seal of the said Thomas Sutton during his life and after his death by the siad Governours for the time being and their successors under their Common Seal to nominate appoint other meet person and persons in the Rooms place and places of them and every of them so deceasing resigning or otherwise becoming void and if in case the said Governours and their successors for the time being or the most part of them shall not within two Months after such avoidance nominate assigne and appoint as is aforesaid that then and so often and in every such case from and after the death of the said Thomas Sutton it shall be Lawfull for us our Heirs and successors by Letters Patents under the Great Seal of England or Privy Seal to nominate and appoint meet Person and Persons to all and every such Office Rooms Place and Places as shall remain void for the time aforesaid by the default of the said Governours and their successors as is aforesaid And we do further of our special grace certain knowlege and meer motion for us our Heirs and successors give and graunt that the said Master Preacher School-Master Usher Poor Men Children Scholars Members and Officers of the said Hospital and every of them shall be allowed ordered directed visited placed or displaced by the said Thomas Sutton during his life and after his death by the said Governours and their successors and the most part of them according to such allowances Rates Statutes and Ordinanâ—ns as shall be appointed set forth made devised or established by the said Thomas Sutton during his life in writing under his hand and Seal and after his death by the Governours for the time being and their successors or the more part of them under the said Common Seal And further we have given and granted and by these presents do give and grant to the said Thomas Sutton during his life by writing under his hand and Seal and to the said Governours and their successors for the time being or the more pare of them after his decease under the said Common Seal to make set down and appoint such Rates Statutes and Ordinances for the Rule Government and well ordering of the said Hospital and of the Master Preacher School-Master Usher Poor People Children Scholars Members and Officers for the time being and for their and every of their Wages ' Stipends and allowances for and towards their or any of their Mayntenance and Relief as to the said Thomas Sutton during his life and after his decease to the said Governours and their successors for the time being or the more part of them shall seem meet and convenient And that the same Orders Rates Statutes and Ordinances so by him them or any of them to be made set down and prescribed as aforesaid shall be and stand in force and strength in Law to all constructions intents and purposes the same not being repugnant to our Prerogative Royal nor contrary to the Laws and Statutes of this Realm of England nor unto any Ecclesiastical Canons or Constitutions of the Church of England which then shall be in force And that for the better Government of the said Hospital the said Thomas Sutton during his life and after his decease the said Governours for the time being or the most part of them or such and so many of them as the said Thomas Sutton shall by his writing under his hand and Seal thereunto assign appoint and nominate shall and may after the decease of the said Thomas Sutton have full power and Lawfull authority to visit order and punish place or displace the Master Preacher School-Master Usher Poor People Sholars Members and Officers of the said Hospital and every of them and to order reform and redress all and every the disorders misdemeanours offences and abuses in the persons aforesaid and every of them or in the said Hospital or Free-School or in or touching the Government Order and disposal of the same And to censure suspend deprive and displace the said Master Preacher School-Master Usher Poor People Scholars Members and Officers and all and every or any of them as to him the said Thomas Sutton during his life and after his death to the said Governours for the time being and their successors or the more part of them or to such and so many of them as the said Thomas Sutton by his writing under his hand and Seal shall thereunto assigne nominate and appoint as shall to him or them respectively seem fit just and convenient so allwaies that no visiâ—ation act or thing in or touching the same be had made or done by any person or persons during the life of the said Thomas Button other than by the said Thomas Sutton and after his death by the said Governors for the time being and their successors or the more part of them or by such or so many of them as the said Thomas Sutton by his writing under his hand and Seal shall nominate and appoint thereunto And we of our further special grace certain knowledge and meer motion and by our supream
said Lady the Queen of the Bench here at Westminster in Easter Term in the yeer of the Reign of the said Lady the Queen the 30th abovesaid before the then Justices of the said Lady the Queen of the Bench here as the deed of the said William Haw by him the said William acknowledged and within 6. Moneths then next following that is to say the same Easter Term in due manner in the said Court of Record inrolled according to the form of the Statute in such case made and provided for and in consideration of 120. pound to the said William by the said Richard before that time paid bargained and sold to the said Richard amongst other things the Reversion aforesaid To have and to hold to him and his Heirs for ever By Colour of which Bargain and Sale and Inrollment aforesaid and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th holden at Westminster in the County of Middlesex the 4th day of February in the yeer his Reign the 27th Of transferring of uses into possession the aforesaid Richard was and yet is seised of the Reversion aforesaid in his Demesn as of Fee And the said Richard so thereof being seised and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances to her in form aforesaid granted being possessed The said Elizabeth did waste spoyle and destruction of the Lands that is to say in digging in 10. Acres of Land in Goring aforesaid parcel of the Tenements aforesaid to the aforesaid Robert demised 100. loads of Clay taking for the price of every load of Clay thereof 8. pence and cutting down and selling of the Woods also in a certain Wood called Heighgrove containing 10. Acres of Wood with the Appurte in Goring aforesaid and parcel of the Tenements aforesaid with the Appurtenances to the said Robert above in form aforesaid demised 20. Oaks the price of every Oak 5. shillings through the said whole Wood here and there growing and in a certain other Wood called the Hedge Row lying in Goring aforesaid near the aforesaid Wood called Heighgrove in Goring aforesaid parcel of the Tenement aforesaid with the Appurtenances in form aforesaid to the aforesaid Robert demised 40. Oaks the price of each of them 6. shillings through the said whole Wood here and theregrowing and in a certain Coppice called Home Coppice in Goring aforesaid parcel of the aforesaid Tenements with the Appurtenances to the said Robert in form aforesaid above demised 100. Oaks price of each of them 10. shillings in the said Coppice called Home Coppice late growing here and there And in 20. Acres of Pasture called the Hanging in Goring aforesaid lying there bebetwixt a certain Close called High grove hill and another Close called Dicker grove hill that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised 10. Oaks price of each of them 6. shillings Six Ashes price of each of them 5. shillings and 10. Beeches price of each of them 6. shillings in the aforesaid 20. Acres of Pasture likewise late here and there growing and in a certain Hedge of a certain Close called Home field in Whitchurch aforesaid that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised lying near unto a Wood called Hawes Coppice 3. Oaks price of each of them 10. shillings and one Beech price 10. shillings and in a certain other Hedge of the Close aforesaid called Home field in VVhitchurch aforesaid that is to say parcel of the Tenements aforesaid to the aforesaid Robert in form aforesaid demised lying near to the aforesaid Wood called Home Coppice 10. Oaks price of each of them 20. shillings and also in suffering the sprouts of the Roots of 20000. other little Oaks called Oakesciapling of 20000. Beeches and 200. Ashes to the value of 20. pound in the said Wood called Heigh grove and 10000. of other little Oaks called Oakesapling 10000. of Beeches and 100. of Ashes to the value of 20. pound in the aforesaid Wood called the Hedge Row and 10000. of Oaks 10000. of Beeches and 200. of Ashes in the aforesaid Coppice called Hawe Coppice by the said Elizabeth through the whole Woods here and there growing to be cut and to be eaten and utterly destroyed and wasted with Cattel to the dissenherisin of the said Richard and against the form of the Provision aforesaid Whereupon he saith he is the worse and hath damage to the value of 200. pound and thereof he bringeth Sute c. And the the aforesaid Elizabeth by Ralph Burges her Attorny cometh and desendeth the force and injury when c. And whatsoever c. And saith that the aforesaid Richard his Action against her ought not to have Because she saith That well and true it is That the aforesaid William Haw was seised of the Tenements aforesaid with the Appurtenances in his Demesn as of Fee and being thereof so seised the aforesaid 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th abovesaid By his Indenture demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances except before excepted To have and to hold to him and his Assigns from the aforesaid Feast of the birth of our Lord then last past until the end and Term of the aforesaid 16. yeers then next following and fully to be compleat and ended By virtue of which demise the aforesaid Robert into the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the aforesaid 20th day of August abovesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid premises with the Appurtenances above demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised entred and waâ— thereof possessed as the aforesaid Rich. by his Declaration above supposeeth But the said Elizabeth further saith That the said Elizabeth of the Tenements aforesaid with the Appurtenances above demised in form aforesaid being possessed and the said William Haw of the Reversion thereof being seised in his Demesn as of Fee after the aforesaid 7th day of May in the 30th yeer aforesaid and before the aforesaid Indenture of Bargain and Sale Between the aforesaid William of the one part and the aforesaid Richard of the other part made in the Court of the Lady the Queen of the Bench in form aforesaid was inrolled A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here that is to say at WESTMINSTER aforesaid from the aforesaid day of Easter in 15. days in the yeer of her Reign the 30th abovesaid before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said
107 157 3â—3 Declaring what Lands shall be set forth for the Queenâ— 3d. part and what shall descend to the Heir 204 Declaring what Lands shall be for payment of Debts and what the Wife shall have in recompence of delivering up of her Joynture 204 Of Thomas Sutton founder of the Hospital of Charter-House London 393 Withernam 250 258 Writ of Assize of Novel Disseisin 9 Writ of Entry Sur Dissin in the Post 12 Writ of Resummons in Assize 19 Writ of Exigent 23 To the Sheriff to do Execution upon a Judgement 48 Of Droit Patent in London 58 Writ of Error and the form of it 63 64 182 183 Writ of Formedon 136 137 Writ of Enquiry of Dmaa es 249 258 Of Restitution of a man to the place and Office of a Burgess 293 ERRATA PAge 34. Line 7. read Coo. 2. part p. l. 2. for whole r. why p. 46. l. 26. for bee r. by p. 52. l. 30. r. neither c. p. 52. l. 37. r. Knight p. 62. l. 19. after Arts add is p. 67. l. 7. r. reversed p. 47. l. 47. r. 3d. for 6th p. 80. l. 25. r. Fenner p. 82. r. Turbnrvile r. Melcum p. 98. l. 10. r. Sarum p. 156. r. Barham p. 162. l. 23. r. Alton p. 186. l. 36. r. Indentd p. 242. l. 4â— r. Sur. The NAMES of the CASES Actions upon the Case LUtterils Case Pasc 43. Eliz. B. R. rott 566. fol. 1. Slades Case Hill 38. Eliz. B. R. fo 3. William Bains Case Hill 8. Jam. rott 1112. p. 6. Assize Calvins Case Trin. 6 to Jacobi p. 9. Dowmans Case M. 26. Eliz. rott 144. p. 11. Audita Querela Doctor Druries Case P. 8. Jac. rott p. 20. Debt Vineiors Case Tri. 7 me Jacobi rott 2629. p. 24. The Case of the Mayor and Burgesses of Lynn Trin. 10. Jac. rott 2413. p. 27. Mausers Case Pasc 26. Eliz. rott 1608. p. 34. Wisemans Case Trin. 27. Eliz. C. B. rott 1354. p. 37. Westbies Case Hill 34. Eliz. B. R. rott 169. p. 44 Dower Edward Althams Case Tr. 8. Jac. in C. B. p. 30. Ejectione Firme Sir William Pelthams Case Mich. 31. Eliz. in Sacc p. 51. The Rector of Cheddingtons Case M. 39. Eliz. rott 551. Binghams Case M. 43. Elz. rott 144. in B. R. p. 92. Borastons Case Hill 29. Eliz. rott 790. B. R. p. 79. Sir George Browns Case Hill 36. Eliz. rott 440. B. R. p. 97. Adams and Lamberts Case Hill 40. Eliz. rott 748. B. R. p. 106. Arthur Legats Case Mich. 10. Jac. C. B. p. 121. False Imprisonment Doctor Bonhams Case M. 6. Jac. Co. R. p. 126 Formedon Lincoln Colledge Case M. 38. Eliz. rott 82. C. B. p. 126. Indictments Mackallies Case 8. Jac. at Newgate p. 154. The Lord Sanchars Case p. â—49 Informations Porters Case 34. Eliz. in Sacc p. 153. The Case of Alton Woods Tr. 37. Eliz. in Sacc p. 161. Monstrans de Droit Digges Case Pasc 40. Eliz. in Cancel p. 185. Prohibition The Bishop of Winchesters Case Pasc 38. Eliz. in B. R. rott 628. p. 209. Jefferies Case M. 32. Eliz. rott 447. B. R. p. 217. Replevin Capels Case Mich. 23. Eliz. C. B. rott 1160. p. 220. Archers Case Tr. 36. Eliz. rott 1676. C. B. p. 233. Bredons Case Tr. 38. Eliz. rott 183. in C. B. p. 237. Ann Mayowes Case Hill 35. Eliz. rott 469. B. R. p. 250. Bettisworths Case Pasc 36 Eliz. rott 731. C. B. p. 258. Bevils Case Mick 28. Eliz. rott 1739. p. 265. John Talbots Case Tr. 7 Jac. rott 3661. C. B. p. 268. Henry Connies Case Tr. 6º Jac. rott 1611. C. B. p. 270. Restitution James Baggs Case Trin. 12. Jac. rott 22. B. R. p. 273. Scire Facias The Princes Case Hill 3. Jac. p. 820. Mark Stewards Case Pasc 21. Eliz. p. 300. Trespass Corbets Case Hill 41. Eliz. rott 1049. C. B. p. 306. Shellyes Case Pasc 21. Eliz. rott 58. B. R. p. 315. Albanies Case Mich. 28. Eliz. B. R. rott 58. p. 323. Chudleighs Case Hill 31. Eliz. B. R. p. 329. Thorough goods Case Trin. 24. Eliz. rott 928. p. 339. Baldwins Case Pasc 31. Eliz. rott 115. p. 345. Tookers Case Mich. 37 Eliz. rott 136. B. R. p. 359. The Earl of Shrewesburies Case rott 2612. p. 356. The Case of Suttons Hospital Mich. 10. Jac. rott 574. Waste Hyndes Case Tr. 34. Eliz. rott 2380. p. 395. FINIS
from the day of Easter in 15. dayes under his Seal c. And the Seals c. At which day here cometh the aforesaid Iohn Hunt by his Attorney aforesaid And upon this The same Iohn Hunt acknowledgeth here in the Court here that he would not further prosecute the same Thomas Gateley for any damages to him for the occasion of the taking and unjustly deteining of the Cattel aforesaid to be adjudged but all the said damages to him so to be adjudged willingly here in Court to the said Thomas Gateley doth remise and release Therefore the said Thomas Gateley of those damages be acquitted c. REPLEVIN Trinity Term Anno 36. Eliz. Rot. 1676. in the Common Pleas C. 1. part Archers Case Fol. 65. IOhn Smith Gent. was summoned to Answer to William Baldwin of a Plea wherefore he took the Cattel of the said William and them unjustly detained Essex against Gages and Pledges c. And whereupon The said William by Isaac Hamond his Attorney complaineth That the aforesaid John the 9th of January in the year of the Reign of the Lady the Queen that now is the 36th at Bocking in a certain place called the Meadow abutting upon the Common High-way leading from Braintree unto Pantforld in the County aforesaid against the North-East and upon the Lands of John Mott towards the South West took Cattel that is to say 26. Sheep of him the said William and them unjustly deteined against Gages and Pledges untill c. Whereupon he saith he is the worse and hath loss to the value of 40. pound and thereof he bringeth sute c. And the aforesaid John by Tho. Reynolds his Attorney cometh and defendeth the force and Injury when c. And as Bayliff of Joh. Kent gent. Son of Joh. Kent gent. deceased well acknowledgeth the taking of the Cattel aforesa in the place aforesa in which c. and justly c. Because he saith That the same place in which it is supposed the taking the Cattel aforesaid above to be done conteineth in it self 4. Acres of Pasture with the Appurtenances in Bocking aforesaid which 4. Acres of Pasture with the appurtenances at the time aforesaid in which c. Was the Soil and Freehold of the said John Kent the Son and because the Cattel aforesaid the time aforesaid in which c. were in the same then eating the grass and doing damage there The said John Smith as Bayliff of the aforesaid John Kent the Son doth well acknowledge the taking of the Cattel aforesaid in the place aforesaid in which c. and justly there so damage feisant c. And the aforesaid William Baldwin saith That the said John Smith as Bayliff of the said Iohn Kent the Son for the reason before alleged ought not to make Conusance of the taking of the Cattel aforesaid to be just Because he saith That long before the said taking aforesaid had One Iohn Archer Gent. was seised of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and he the said Iohn being thereof so seised before the aforesaid time of the taking aforesaid done that is to say the 8th day of January in the year of the Reign of the Lady the Queen that now is the 36th aforesaid gave license unto the said William to put his Cattel aforesaid into the aforesaid place in which c. to eat the grass there growing By vertue of which license the said William afterwards that is to say the said aforesaid 9th day of Ianuary in the 36th year aforesaid put his Cattel aforesaid in the place in which c. to eat the grass there growing which Cattel were in the said place in which c. eating the grass then growing in the same untill the said Iohn Smith the aforesaid 9th day of Ianuary in the year of the Lady the Queen that now is the 36th aforesaid at Bocking aforesaid in the aforesaid place called the Meadow took the Cattel aforesaid of him the said William and them unjustly deteined against Gages and Pledges untill c. As he above him complaineth without that that the aforesaid 4. Acres of Pasture with the appurtenances in which c. the time of the taking aforesaid done was the Soil and Freehold of the said John Kent the Son as the said William above hath alleged And this he is ready to aver Wherefore in as much as the said John Smith acknowlegeth the taking of the Cattel aforesaid in the aforesaid place in which The said William demands Judgement and his damages for the occasion of the taking and unjustly detaining of the same Cattel to be adjudged to him c. And the aforesaid John Smith as at first saith That the aforesaid 4. Acres of Pasture with their appurtenances in which c the time aforesaid in which c. were the Soil Freehold of the said J. Kent the Son as he before hath alleged And of this puts himself upon the Country and the said VVilliam Baldwin likewise And therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. Weeks 12. c. by whom c. and who neither c. to Recognize c. Because as well c. And afterwards the Process was continued between the aforesaid parties of the aforesaid Plea by juries put between them in respite here until this day that is to say from Easter-day in three Weeks in the yeer of the Reign of the said Lady the Queen that now is the 37th And now here at this day cometh as well the aforesaid William as the aforesaid John Smith by their Attornies aforesaid and the Jurors thereof impannelled being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Francis Archer was seized of the said 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and held the same of one Thomas Wilson as his Manor of in the County aforesaid in Free Socage and that the said Francis Archer had issue one Robert Archer which Robert had then issue the aforesaid John Archer the Son and his Right and next Heir apparant Which aforesaid Francis Archer so of the aforesaid 4. acres of Pasture with the appurtenances being seized before the time in which c. that is to say the 25th day of November in the yeer of our Lord 1578. made his last Will and Testament in Writing and by the same his last Will Willed and Bequeathed the Tenements aforesaid with the appurtenances amongst other things as followeth Item I give and bequeath to Robert Archer my Son All that my Messuage or Tenement with the appurtenances called the Grey-hound with all and singular the Lands and Grounds which and whatsoever I had purchased and bought of one John Palmer as they are set lying and being in Bocking aforesaid To have and to hold the said