statute which shall euer testifie the truth what chance soeuer happeneth to the parties as yee may read in the booke of Surueying wherein be many good examples of enrolling and making of records ¶ Heere followeth the forme to make indentures ¶ An Indenture of sale with a purchase THis Indenture made the 17. day of August in the xxxij yere of our soueraigne Lord king Henry the eight by the grace of God king of England France and Ireland defender of the faith and in earth supreame head of the Church of England and Ireland between A.B. of C. in the Countie of K. yeoman on the one partie and R.M. of O. in the said county Gentleman on the other party witnesseth that the said A.B. the day of making hereof for the summe of xl marks sterling to him by the said R. wel and truly cōtented paid in hand at the infealing of this Indēture wherof wherewith the said A. B. knowledgeth himselfe well and truely contented paid therof and of euery parcell thereof doth clearely acquite and discharge the foresaid R. his heires and executors by these presents hath bargained and sold and by this Indenture bargaineth selleth clerely vnto the said R. his heires and assignes to their owne vse for euer all those his mesuage lands tenements meadowes leasues pastures appurtenances set lying and being in the towne parish fields of Ashforth in the countie of Leycester which sometime belonged to C. F. late of Ashforth aforesaid yeoman deceased And in likewise the said A. for the sum aforesaid hath bargained sold by this Indenture vnto the said R. al deeds charters euidences escripts escrowles writings muniments concerning the premisses and any part or parcell thereof and the same deeds charters euidences escripts escrowles writings and muniments the said B. couenanteth by this Indenture to deliuer or cause to be deliuered to the said R. his heires or assignes before the feast of the Natiuitie of S. Iohn the baptist next comming after the date hereof To haue and to hold al the said mesuage lāds tenements meadows leasues pastures all other the premisses with their appurtenances to the said R his heires assignes to their owne vse for euer And the said A. B. couenāteth granteth by these presents that he or his heires before the feast of S. Michael the archangell which shal be in the yere of our Lord God M. CCCCC xliiij shal make or cause to be made to the said R. and his heires and to such other persons as he or they shal name or assigne to the vse of the same R. his heires and assignes for euer a good sufficient lawful estate in the law in fee simple of in the said mesuage lands and tenements other the premisses with the appurtenances by deed fine feoffement recouerie release with warrantie surrender or otherwise at the costs and charges in the law of the said R. or his heirs as by the learned coūsel of the said R. or his heirs shal be best deuised required The same mesuage lands tenements all other the premisses to be then cleerely discharged of all former bargaines former sales titles of inheritance iointures dowers morgages statutes marchant statutes of the Staple of Westminster intrusions forfeitures leases iudgements condemnations executions arrerages of rents and of all maner of charges and incumbrances whatsoeuer they be The rents seruices from thenceforth due to the chiefe Lords of the same lees only out taken and excepted And the same A. B. couenanteth and granteth by this Indenture that all such persons as now stand bee infeoffed seised of and in the said mesuages lands tenements other the premisses with the appurtenances or of or in any part or parcell of the same shall at all times from the day of the date of this Indenture forward stand remaine and be infeoffed seised of and in the same to the vse of the same R. his heirs assignes for euer And also the said A. B. couenanteth and graunteth by these presents that he and his heires and all other persons hauing claiming or pretending to haue any state right title vse or interest of or in the said mesuage lands tenements and other the premisses with their appurtenances of or in any part or parcell of the same at all times from the day of the date of these presents foorthwith shall doe cause and suffer to be done all and euerie thing and things which by the learned counsell of the said R. or his heires shal be deuised for the further assurance of al and singuler the premisses to the aforesaid R to his heires assignes to their owne vse for euer And in likewise the said A. B. couenanteth and graunteth by this Indenture that hee the same A. B. the day of making hereof is very true owner possessor in his own right of all the foresayd mesuages lands tenements other the premisses with the appurtenances and that he hath full power strength authoritie in his own right to bargaine and sell the same to the said R. and his heires in maner forme aforesaid And furthermore it is couenanted condiscended agreed between the said parties and the said R. for his part couenanteth graunteth by this Indenture that if the said A. his heires and assignes pay or cause to be paid to the said R. his heirs or assignes xl markes of good and lawfull money of England together with al such costs and expences as the same R. his heires and assignes shall be at aswell in the making sure of the same mesuages lands tenements c. as also in repairing making and amēding of the same at any time within the term of foure yeres next after the date of this Indenture That then the said R. his heirs or assignes shall make to the same A. B. his heires a good sure and sufficient lawful and indefeasible estate to their owne vse and their heirs for euer of and in the same mesuages lands tenemēts and other the premisses with the appurtenances and euerie part and parcell of them The same to bee then cleerly discharged of all former bargains former sales iointures dowers statutes of the Staple of Westminster statutes Marchants and all other charges and incumbrances whatsoeuer they be by the said R. his heirs or assignes at any time commenced made or done And at the said assurance of the same to the said A. in forme aforesaid to bee made the said R. couenanteth and graunteth by these presents to deliuer or cause to be deliuered to the said A. his heires or assignes all such euydences deeds and writings as hee the same R. his heires or assignes shall then haue concerning the said mesuages lands tenements other the premisses with the appurtenances vnder like maner forme as the said R. receiued them without fraud or further delay In witnesse whereof c. This deed is commonly vesd when a man layeth his land to mortgage
detinere quousque eis de eodem redditu sic aretro existent plenarie fuerit satisfactum et persolutum vna cum damnis et expensis suis in ea ê‘te sustinendis Prouiso semper ê™ si dictae nuptiae non successerint nec consummat fuerint aut si ijdem I. A et A. per me aut mea causa aliquo modo promoti fuerint siue obtinuerint aut ê“moueri siue obtineri possint aut eorum alter potest aliquam annuitatem seu annualem redditum terras tenementa seu hereditamenta aut aliam certitudinem victus habend ' eis durante dicta vita mea annui valoris deceÌ„ librÌ„ aut maioris qd ' extunc pÌ„sens scriptum penitus irritum erit pÌ„missis non obstantibê° In cuius rei testimonium huic pnÌ„ti scripto meo ego praefatus I. M. sigillum meum apposui Datum c. ¶ Here followeth diuers and sundrie kinds of Supplications Bils of complaint Answers and other Petitions for any matter in the Kings Courts ¶ To the King our most dread Soueraigne Lord. MOst lamentably complaineth vnto your highnesse your poore faithfull and obedient subiect T. V. of H. in the countie of K. vncle and heire vnto I. V late of the citie of L. Tiler that is to wit brother of T. V. father of the said I. V. that where the said I. in his life was seised of his demeane as of fee of and in two mesuages xxx acres of land errable wood and pasture seuerally set lying and being in the parishes of L. M. in the said countie And so he being seised thereof died seised so that the said two mesuages and other the premisses discended and of right ought to discend vnto your poore subiect as vncle and heire to the said I. V. So it is most gratious soueraigne Lord that certaine writings euidences escripts and miniments concerning the premisses which your said poore and faithfull subiect should prooue his true tytle by vnto the premisses bee come into the hands and possession of T. V and V. W. aforesaid by the hauing whereof the said W. and V. haue conueied diuers and sundry craftie estates vnto themselues and thereby haue obtained the possession of the premisses and the same the profits therof by the space of xx yeres wrongfully haue withholden yet do contrary to all right good conscience In coÌ„sideration whereof and for so much as your said poor subiect is in extreame miserie need not hauing wherwith to liue but driuen by necessity vnto his daily labor which he cannot intermit without the vtter vndoing of him and all his children and so of no maner of ability to sue for the premisses by your laws It may therefore please your highnes of your most abundant grace and pitie to graunt your most charitable fauourable letters or commission to be directed vnto such honorable men as your highnesse shall name thereunto commaunding them by the same to examine the premisses further to set such direction and final end therein as iustice and truth would and that as they will aunswere before the iudgement of almighty God vnto whom your said poore subiect will according to his bounden dutie pray for the preseruation of your royall estate c. ¶ A petition to the King for a poore Scholler ¶ To the King our Soueraigne c. PLeaseth it your highnesse of your most noble abundant grace in the way of charitie for and towards the exhibition of your daily Orator and poore suppliant T.M. master of Art and studeÌ„t in your vniuersitie of O. being minded to continue in his studie learning there which hee shall not be able to doe vnles your most gratious fauour be shewed him in this behalfe to giue and grant vnto your said Orator the pention going out of the Colledge or fellowship of N. being of your most noble foundatioÌ„ which pention was lately paid to A.B. master of art who for that the said colledge was lately void of a dean mast is by your grace to the same preferred called And that your said Orator may vpon this bil signed with your most gracious hand haue and obtaine such and as many your necessary writings as in this behalfe shal he to him expedient And your said orator shal daily pray to God for the preseruation of your royall estate long to continue in felicitie ¶ A bill of complaint vpon certaine gifts requiring a writ of Cerciorare IN most lamentable wise sheweth vnto your good Lordship your daily poore orator I.W. of London that were one A.H. of L. aforesaid marchant tailor borowed of your said orator xij li sterling to be paid to the said I. at a certaine day betweene them agreed which day was expired and the said summe of money not paid wherefore the said A. for that hee had not readie money desired your supplyant to take a certain white broad cloth in pawne containing xl yards cut in peeces for the said xij li. which cloth was sold deliuered to your said Orator by a bill of sale wherein the said A.H. standeth bound with condition in the same bil declared that if the said cloth were not redeemed by a day certain in the same bill limited that then the same cloth to be to the onely vse of your said Orator for contentation whole paiment of the said xij li. Since the which time the said A. counsailed your said Orator to put foorth the said cloth to one L. M of London shereman for to be dyed of seuerall colours for his most profit by the meanes whereof the said I.W. was contented to take the said broad cloth for the paimeÌ„t of his said money afterward the said cloath was deliuered to the said L.M. wâ—thin sixe daies after the deliuery of the said cloath to the said L. one R. N. Spaniard affirmed a plaint of debt against the said A and according to the custome of the said citie of London hath caused attachment to be made of the said broad cloth as the debt due by the said A. vnto the said R. where the said cloth is your said Orators Notwithstanding by reason of the said Attatchment your said orator retained CouÌ„sel in the Guild hal of London where the matter was being at issue whereupon the Iurie was panelled since the which time for the space of three Court daies your said orator did giue attendance there to haue the said matter heard and the said plaintife counsell would not suffer the said Iurie to appeare so long as your said suppliant did apply and pursue his cause in effect herein And for that the said R. his counsell would not proceed in the said action your said orator supposed that it should no more be called vpon by occasion wherof your said Orator being about his businesse in the Countrey in the meane time the said L. M with his counsel hauing knowledge that your said Orator was out of the citie in the countrey instantly laboured the Iurie to
appeare in the absence of your said Orator by their subtiltie and craft the said Iurie did appeare passed against your said Orator contrarie to all right law and good conscience which shall be to the great impouerishment vndoing of your said orator for euer vnles your good Lordships lawfull fauor succour be to him shewed in this behalfe In consideration wherof might it therfore please your good Lordship to graunt the kings writ of Cerciorare to be directed to the Maior Shirifes of the citie of L. commaunding them euery of them by vertue of the same to certifie before your good Lordship in the kings most Honourable Court of the Chancerie at a certaine day by your Lordship to be limitted the said attachment all the matter concerning the same to examine the said matter and all the whole circumstances thereof to stand to such an order direction therin as shall stand with right equitie good conscience And your said orator shall pray to God for the preseruation of your good Lordship long to continue ¶ A Bill of complaint for the right of lands where a state was made by deceipt and to require a Subpena vpon the same MOst humbly shewing vnto your Lordship your daily orator W.L. of W. in the county of M. That where one W.L. late of S. in the couÌ„ty of K. by his lifetime was lawfully seised in his demeane as of fee of and in one mesuage and seuen acres of land set lying being in the Towne and field of S. aforesaid to the yerely value of xx s. Ì„ sterling And he so seised of the premisses had issue one I.L. his sonne and dyed after whose death the said I. was distract and of no whole memory and so dyed without issue of his body lawfully begâ—tten After whose death the said mesuage and other the premisses discended and came vnto one I Lâ—as brâ—ther and heire vnto the sayd W.L. which I hath issue one T.R. his sonne And so it is my good â—â—rd that aswel the said I. the father as also the said This sonne hath by their deede of release released all their right title interest of and in the said mesuage and other the premisses to your said Orator and his heires as by their said deed of release doth appeare All that notwithstanding good Lord certaine euidences deedes charters writings and muniments concerning the premisses be come to the hands and possession of one W. S who by reason of hauing of the same euidences hath conueied Indentures of a bargaine and sale of the premisses from the said W.T. being a distract man of no wit vnto the said S. which S. by force of the same by hauing the euidence in his custodie hath conueied diuers secret estates to the vse of the said S. his heires by the supportation counsaile maintenance of one W. N and I.T. against all law right and good conscience and by the confederacy and supportation of the sayd W. and T. the said S. W. with his extort power doth wrongfully deteine and keep the possession in the premisses from your said orator against al right good iustice In tender consideratioÌ„ whereof it may please your Lordship to giue thereupoÌ„ the kings writ of Subpena to be directed to the before named S.W.W. I.T. coÌ„manding theÌ„ euery of them by the same personally to appeare before your Lo. in the K. court of ChaÌ„cery at a certain day to theÌ„ limitted vnder a certain paine there to make answere to the premisses And furthermore to staÌ„d to obey all such order direction in the premisses as by your Lo. shal be â—hought most reasonable according to right good Iustice And your Orator shal daily pray for the preseruation of your good Lo. long to endure ¶ A bill of Subpena for a title of lands intailed IN most humble wise sheweth and complaineth vnto your good Lordship your daily Oratour I.I. husbandman That where one W. I. late of S. in the county of W. husbandman graundfather of your said orator was lawfully seised in his demeane as of fee by due course of inheritance vnto him lawfully discended from his auncestors and other lawfull conueyance in the law of and in one mesuage and CCC acres of land meadowes wood pasture with their appurtenances in S. aforesaid And the said W.I. so being of the premisses seised about lviij yeeres now past It was condescended graunted agreed betweene the said W. I. one I. E. late of Hamptoncurlew in the said county deceased that A. I. then sonne and heire apparant of the said W.I. before a certaine day should marry take to his wife one A.E. daughter of the said I.E. And that the said W.I. in consideration thereof and for that the said A. should be greatly aduanced and preferred in goods and substance by that mariage of the said A. would immediately after the said mariage had and solemnized conuey make vnto the said A. and Agnes a good sufficient and lawful estate in the law of and in the said mesuage landes tenements and other the premisses To haue and to hold vnto the laid A. and Agnes and to their heires males of their bodies lawfully begotten And afterward the said A. according to the said agreement did marrie and take to wife the said A. E. immediatly after which marriage had and solemnized the said W. I according to his said promise and agreement did lawfully enfeoffe of and in the said mesuage lands tenements and other the premisses the said A. I. and A. then his wife to haue and to hold vnto the same A. and A. and to his heires maies of their two bodies lawfully begotten by force whereof the said A. and A. were seised of and in the premisses in their demeane as of see taile speciall and they so being thereof seised the said A. Agnes had issue male between them lawfully begotten one I.I. your said Orator one W. I the said W.I. the elder died by and after whose death the reuersion in fee simple of the premisses discended vnto the said A. as sonne heire vnto him And afterward the said A. Agnes dyed after whose death the said messuage lands tenements other the premisses discended came and of right ought to discend and come vnto the said I.I. as sonne heire male of the body of the said A. A. lawfully begotten by force whereof the said I. I. entred into the said mesuage lands tenements other the premisses was thereof seised in his demesne as of fee raile special And he so being thereof seised the said I. I. about 4. yeares now past of the said mesuage other the premisses dyed seised without any issue male of his body lawfully begotteÌ„ by force wherof the said mesuage other the premisses discended came and of right ought to discend come vnto your said poore orator as brother heir male
to the said I.I. by the vertue of the gift aforesaid So is it my singuler good Lord that aswell the deed of entaile made of in the premisses by the said W.I. the graundfather vnto the said A.I. Agnes to the heires males of their bodies lawfully begottē as is aforesaid as diuers other charters euidēces deeds writings muniments concerning the premisses prouing the said interest title of your said orator in to the premisses be deceitfully come to the hands possession of I.W. E. his wife late wife of the said I.I.G.W. gent. and T.S. the elder and thereas they haue conueyed and put them by colour of hauing of the said euidences deeds writings and muniments in their hands possession the same I.W. E. haue now of late wrongfully entred into the said mesuage and other the premisses And the possession thereof do so yet wrongfully deteine keepe from your said Orator and also the rents issues and profits thereof haue wrongfully receiued perceiued and taken to their owne vse by the space of foure yeares past so yet do contrary to all right good cōscience And albeit that your said orator hath often sundry times required and instantly desired the sayd I. W.E. G. W. and T. S as well to deliuer vnto your said oratour the said euidences deeds writings and miniments concerning the premisses as also to auoid the possession of the premisses peaceably quietly to permit and suffer your said oratour his assignes to haue and inioy the same and to receiue and take the rents profits thereof to his owne vse according to his said interest and the title therein which to do they at all times haue refused denied and yet doe contrary to all right good conscience And for asmuch as your said oratour knoweth not the number contents ne other certainties of the said euidences deeds writings and miniments nor wherein they be contained And also for that the said Iohn W. E. G.W. T. S. be of great substance riches and also greatly friended borne in the said county of Warwicke And your said oratour being but a poore man and hauing but few friends in the said county the same your said oratour is shal be therefore without remedy concerning the premisses by the due course order of the cōmon law otherwise vnlesse your good Lordships ayde fauor be vnto him shewed in this behalfe In consideration wherof it may please your good Lordship the premisses tenderly cōsidered to grant vnto your said orator the kings most gratious seuerall writs of Subpena to be directed vnto the said I.W.E.G.W. and T.S. commanding them and euery of them by the same personally to appeare before the K. in his most honorable court of Chancery at a certaine day vpon a certaine paine by your good Lordship to be limitted therein and there to make answer to the premisses and further to be ordered therein as shall accord with right and good conscience And your said Orator shall daily pray c. ¶ The answere of I.W. to the bill of complaine of Iohn I husbandman THe said defendant saith that the said Bill of complaint is vncertaine and insufficient in the law to be answered vnto and the matter therein cōtained vntrue and principally imagined pursued by the vnlawful procurement bearing supportation of one W.C. Esquire to the intent to put the said defendāt to trouble costs expences intending thereby so to vnquiet impouerish the said defend as they should be faine to leaue their right title interest of in the premisses so that he the said W.C. might purchase buy the same of the said complainant of late the said W. C. hath made means vnto the said I.W. now defēdāt to buy his title interest of in the premisses threatned him to haue the same that if hee would not let him haue it with his good will that then he would haue it against his will whosoeuer tooke his part and if the contents of the said bill were true as they are not it were then matter determinable at the Common law and not in this honorable court wherunto the said defendāt praieth to be released And neuertheles the aduātage of the premisses vnto this defendant at all times saued for further answer vnto the said bil declaration of the truth of the contents of the said bill the said defendants saie and euery one of them saith that long time before the said A.I. mentioned in the said bill of complaint any thing had in the said mesuage and other the premisses for that the said W. I. was therefore infeoffed T. I. of P.T.S. of S. and T.W. of E. were thereof seised in their demeanes as of see so being therof seised by their writing indented readie to bee shewed the same mesuage and other the premisses cōtained in the said bil of cōplaint amōgst other things gaue demised deliuered and by their said writing indented confirmed vnto the said W. I. mentioned in the said bill of complaint and vnto Agnes his wife To haue to hold the said mesuage other the premisses vnto the said W. A. for terme of their liues the life of the lōger liuer of them after their decease the said T.T. T. willed declared in the said writing indēted that the said mesuage al other the premisses should remain vnto the said A. mentioned in the said bil of complaint vnto A. his wife vnto the heirs and assignes of the said A. for euer without that that the said W.I. did infeoffe of in the said mesuage lāds tenemēts other the premisses the said A. Agnes to haue to thē to their heires males of their two bodies lawfully begotten or that the said A. Agnes were seised of in the premisses in their demeans as of fee taile especial as in the said bil of complaint is surmised without that that after the death of the said W. that the remainder of the premisses in fee simple discēded vnto the said A. as sonne heire vnto him or that after the death of the said A. Agnes the said mesuage other the premisses discēded of right ought to discēd or come vnto the said I.I. in the taile especial as son heire male of the body of the said A. Agnes lawfully begottē either of any other discent of inheritance therein of a meer fee simple or that the said I. by his entry into the said mesuage other the p̄misses after the death of his father mother was thē seised of in his demeane as of fee taile especiall or of any such estate died seised or that after the death of the said I. that the said mesuage other the premisses or any part or parcell thereof discended came or of right ought to discend and come to the said cōpl as brother heire
complainant or did require him to respite the payment thereof or that the sayd E. at the time of her death left vnto the debtee sufficient of the goods of the said W. L. for the contentation payment of the said xviij l. as in the said bill of complaint vntruely is surmised and without that that any other thing comprised in the said fained bill of the foresaid I. S. which is material to be aunswered vnto in this aunswere not confessed auoided or trauersed is true All which matters the said I. S. is ready to auerre as this honorable Court shall award and prayeth to be dismissed with his reasonable costs and charges in this behalfe sustained c. ¶ Another forme of a bill for a Subpena IN most humble wise sheweth and complaineth vnto your good Lordship your poore and dayly Orator I. A. of R. in the county of N. that where one W. H. late of London Draper was seised in his demeane as of fee of and in one mesuage and xx acres of land wood and pasture set lying and being in the towne fields of R. and the said W. so being seised of the premisses at L. aforesaid by protestation thereof died seised after whose death the premisses discended and of right ought to discend vnto your said Orator as to the vncle next heir of the said W. H. deceased that is to say brother of W. H. father of the said W. deceased So it is right honorable Lord that since the death of the said W. diuers and sundry euidences deeds charters writings and other muniments concerning the premisses be commen to the hands and possessions of R. H. c. who by the colour of hauing of the said euidēces haue vnlawfully entred into the premisses and therof haue taken the profits to their owne vses by the space of vij yeares last past without hauing any iust colour of title so to do And albeit that your said Orator hath dyuers times since the death of the said W. required the deliuerie of all the said euidences of the said R. H. and euery of them that notwithstanding they and euery of them the same to deliuer haue alwayes denied and yet do deny contrary to all lawes equitie good conscience It may please therfore your good Lordship the premisses considered forasmuch as your said Orator for thobtaining of those euidences hath no remedie by course of the common Lawes of this Realme for that he knoweth not the certaine number of the said euidences wherein they be contained to graunt vnto your orator the kings most gratious writ of Subpena to be directed to the foresaid R H. c. commaunding them and euery of them by the same personally to appeare c. ¶ A bill of complaint where a Quest hath passed in a matter wrongfully alleaged IN most humble wise sheweth and complayneth vnto your most honorable good Lordshippe your poore suppliant and continuall Orator P W of the citie of London Broker That wheras one A M. of the said citie Marchant stranger within the said citie was possessed of and in certain linnē clothes to the value of xxij l. x. s. sterling and to your poore suppliants knowledge then as yet of his owne meere proper goods and cattels and so therof being possessed the same within the said citie deliuered to your poore orator being a broker safely to keepe to sell and marchandise by the discretion of your poore suppliant to the vse of the sayd A. by force whereof your orator made sale thereof to certaine persons within the same city and the money goods and marchandise therefore receiued and taken deliuered vnto the sayd A. And so it is right honorable Lord that after and since the sale thereof made one I. S. Marchant stranger pretending a propertie in the foresaid linnen clothes hath commenced an action vpon the case against your poore suppliant in the Guild hall set and being within the foresaid citie before the Shirifs therefore and thereupon hath declared that the said I. should haue lost those goods and that they came to the hands and possession of your poore suppliant within the said Citie by way of trouer And furthermore that your orator was sundry times required to make deliuerance thereof to the said I. and that refused and the same afterward sold and the money thereof receiued conuerted to your orators vse to which matter one I. O. your poore suppliants Atturney rashly without aduisement or counsell therein taken said that your sayd Orator did not sell the said clothes nor any part thereof and vpon the same matter whether any sale thereof was made by your suppliant or not an issue was taken and the Iury tried sworne and charged found a sale made by your poore orator of the said clothes as the truth was nothing regarding in whome the propertie of the goods was at the time of the sale thereof made because by the plee so vnaduisedly pleaded it was confessed in poynt of iudgement the propertie thereof to be to the said I. S. and so it is right honourable Lord that the said Atturney might haue taken an issue that your orator sold no clothes of the said I. because of truth the clothes were the proper clothes of the said A. and not the clothes of the said I. and so the Iurie should haue tried in whom the propertie was and because the property was not put in issue the Iurie had no warrantie to enquire thereof And in case they had bene the clothes of the said I. as they were not indeed your poore orator ought not by the order of the law to haue bin charged because they were deliuered to your orator by the hands of the foresaid A. to sell and your orator did accordingly and the money goods and marchandizes thereof receiued deliuered to the said A. and so if any trespasse or wrong was done to the said I. it was done by the said A. and not by your poore Orator against whō the said A. may take his actiō for your poore orator at the time of the said action commenced neither had the said goods in his possession ne any other thing in lieu or considerance of the same goods And also there is a custom within the said city that if any vpholster or broker sell any goods within the same city to any person or persōs within the same city vpon the deliuerie of any person for or at the request of him hauing witnesse of the deliuery thereof to him made or bring out the partie who deliuered them vnto him not being himselfe particeps criminis should bee discharged and not damnyfied for his office doing in making sale thereof And also by the order of the common Law of this Realme a man comming immediatly to the possession of goods not being party to the first wrong shall not be charged in action of trespas which matters or any of them if they had bin pleaded had bin a sufficient matter of barre and because
Canons and their successors during the said terme Also the said A. couenanteth and granteth for him c. to make payment at and within the sayd Colledge of the said yerely rent of lxxx poūds equally at the termes of paiment before specified to the hands of the Treasorers of the said Colledge at his owne proper costes charges without allowance taking for the same during the sayd terme And the said Deane Canons for them their successors do couenant and graunt by these presents that the acquitances made sealed signed by the Treasorers of the said Colledge or by eyther of them to the said A. or to his executors or his assignes for the payment of the same yearely rent or any part or parcell thereof in maner and forme before mentioned shall be a good sure and sufficient warrant and discharge vnto the said A. his executors and assignes and to his or their deputie or deputies for the payment thereof And if it happen that the said yearely rent of lxxx li. be behind vnpaid in part or in all after any feast of payment before specified by the space of ten weekes that then it shall be lawfull to the said Deane c. in the said Manors and Lordships and into all and singuler the premisses with their appurtenāces to enter to distrain the distres there so taken to driue lead cary away them to withhold and keepe vntill the said yerely rent euery part thereof with tharrerages if any be vnto the said Deane c. be fully satisfied contented paid And if it happen the said yerely rent of lxxx li. to be behind vnpaid in part or in all after any of the feasts of payment before mentioned by the space of iii. moneths that then it shal be lawful vnto the said Deane Canons to their successors into all singuler the premisses their appurtenances in euery parcel thereof to reenter them to haue againe repossesse as in their former state and the said A. his executors assignes from thence vtterly to expell and amoue for euermore This Indenture or any thing therein contained to the contrary in any wise notwithstanding And the said Deane Canons couenanten granten for them their successors to with the said A. his executors or assignes that if the said A. his executors or assignes shall happen at any time hereafter to be euicted or dispossessed of any of the premisses or any part or parcell thereof without couin or fraud on the part of the said A. his executors c. that then the said rent of lxxx li. sterling shal be apportioned diminished accordingly after such rate portion as the quality and value of the said lands and tenements rents hereditaments and other dueties parcell of the premisses so euicted or taken from the possession or occupation of the said A. his executors or assignes shall amount or arise vnto And that it shall be lawfull vnto the said A. his executors or assignes to defaulk so much of his rent at euery of the said paiments This Indenture c. notwithstanding Also furthermore the said Deane and Canons couenanten and graunten for them c. to do cause suffer to be done all and singuler such thing and things act acts as shall be at any time or times hereafter deuised or aduised by the counsel learned of the said A. D. his executors or assigns by what waies or meanes soeuer it be for the further assurance and full perfit suerty of all and singuler the premisses and euery part and parcell thereof if this graunt and lease be not lawfull perfit and sufficient to be had and made vnto the said A. D. his executors or assignes for all the whole terme and interest aboue specified or for any part or parcell thereof in maner and forme aforesaid vpon conuenient notice request thereof giuen made vnto the said Deane Canons or to any of their successors by the said A. his executors or assignes at the costs in the law of the said A. his executors or assignes And the said A. couenanteth graunteth to and with the said Deane c. to find house lodging meat stable hay and prouender for the horses of the said Deane Canons other comming with him or them in progresse once in the yeare by the space of two dayes and two nights the sayd Deane and Canons and their successors paying reasonably for onely meate and drinke so prouided during the terme aforesaid And further the said A. couenanteth granteth for him c. that he his executors and assignes shall at the end and terme of euery xij yeres during the said terme deliuer or cause to be deliuered vnto the said Deane c. the Court Rolles well and truely ingrossed in parchment at his their costes and charges of such courts as shall be kept in the said manors of T and C. during any of the sayd xij yeres And also at the end of euery such xij yeres he the said A. his executors or assignes shall as neere as they can deliuer or cause to be deliuered to the said Deane c. in maner before rehearsed a true Terrar of all the lands tenements rents and seruices being parcell or any wise appertayning to the said manors And the said Deane Canons couenanten and graunten for them c. that they shall deliuer or cause to be deliuered to the said A. c. at such times as they shal be therevnto required one or two of their most true terrars wherby the said A. his executors or assignes may the better come to knowledge of all the said lands tenements rents and seruices appertayning to the said manors And the said Deane and Canons and their successors all the said manors or Lordships and all other the premisses before letten with all and singuler their appurtenances except before excepted vnto the said A. his executors and assignes for the said yearely rent in maner and forme before declared against all people shall warrant and defend during the said terme by these presents And also where the said A. standeth bounden vnto the said Deane Canons and their successors by their deed obligatory bearing date of these presents in the summe of one hundred pounds sterling the said Deane and Canons couenanten graunten for them and their successors to and with the said A. his executors administrators or assignes that if the said A. his executors administrators or assignes do well truely obserue performe fulfill and keepe all singuler such couenants graunts promises articles and agreements comprised in this Indenture which on the one part and behalfe of the said A. his executors administrators or assignes ought to be obserued performed fulfilled kept that then the said deed obligatory to be void and of none effect or else to stand in his full strength and vertue In witnesse whereof to the one part of these Indentures with
the said A. remayning the said Master Deane and Canons haue set their common Seale and to the other part of these Indentures with the said Master Deane and Canons remayning the said A. hath set his seale Giuen the day yere aboue written ¶ The forme of a lease of a Brewhouse or such like thing THis Indenture made c. Betweene A. B. of London Grocer on the one party and C.D. of the same Brewer on the other party Witnesseth that the said A. B. hath demised graunted and to farme letten to the foresayd C. D. all that his Brewhouse with all and singuler the appurtenances called N. set lying and being in F. in the parish of c. betweene the tenement pertayning to our soueraigne Lord the king now in the holding of I.K. on the east part and a tenement pertayning c. on the north part c. together with al maner vessels and vtensils to the said Brewhouse belonging or in any maner wise appertaining that is to say two horse Mils price x. s. two great leads price c. one mashfat price c. ten barrels price c. and so foorth of the rest Else ye may say thus together with all maner vessels and vtensils contained in a certaine scedule to these present Indētures annexed To haue and to c. And the sayd C.D. couenanteth and granteth c. that the said C. his executors and assignes shall well truely and sufficiently maintaine repayre sustayne the said brewhouse vessels and vtensils c during the said terme Prouided alwayes that if any of the said vessels or vtensils shal need during the terme aforesaid for default of oldnes to be renued that then the said A. B. his executors or assignes shall of his and their proper costes charges renew al and euery such vessels vtensels so to be renewed as oft as need shal require during the said terme So that the same bee not broken or destroyed by the default or negligence of the said C. D. or of his seruants And the said A. B. and his heyres the said Brewhouse with the appurtenances and all other the premisses before letten vnto the foresaid C. his exetutors and assignes for the said yerely rent in maner and forme before specified against all people shall warrant and defend vntill the end of the said terme by these presents In witnesse c. ¶ An other Lease THis Indenture made c. Betweene I. M. of Hornechurch in the county of E. gentleman on the one party and R. H. of the same esquire on the other party Witnesseth that the said I. the day of making hereof hath graunted demised betaken and letten to farme and by this Indenture doth grant demise betake and to farme let vnto the said H. al that his manor place called Morton hall with all landes tenementes douehouses barnes stables orchards gardens pondes waters with thappurtenances to the said manor belonging or appertayning set lying being in the parish of Hornechurch aforesayd To haue and to hold the foresaid manor landes tenements douehouses barnes stables orchards gardens ponds waters other the premisses with the appurtenances to the said H. to his executors assignes from the feast of S. Michael next folowing after the date of this Indenture vnto the ende and terme of xx yeres from thence next ensuing and fully to be complet and ended Yeelding and paying therefore yerely during the sayd terme to the said I. his heires or assignes xx poundes of good and lawfull money of England at fower termes of the yeare that is to say at the feast of the Natiuity of c. by euen porcions And if it shall happen the sayd yearely rent of xx li. to be behinde vnpaid in part or in all ouer or after any terme of payment thereof aforesaid in which it ought to be payd by the space of 6. weekes and lawfully asked That then it shall bee lawfull to the said I. to his heires assignes into the sayd manors lands tenements all other the premisses with thappurtenances to enter distraine the distresses there so taken lawfully to beare lead driue and carry away and them to retayne vntill the said yerely rent and tharrerages of the same if any be to them bee fully contented and payd And if it shal happen the sayd yerely rent of xx li. to be behind vnpaid in part or in all ouer or after any terme of payment thereof aforesaid in which it ought to be payd by the space of a quarter of a yere and lawfully asked and no sufficient distresse then there can be found That then and at all times after it shall be lawfull to the sayd I. to his heires and assignes into al the said manor landes tenements and other the premisses with thappurtenances wholy to reenter the same to haue againe retaine and repossesse as in their former estate And the said H.R. his executors and assignes thereof vtterly to expell put out and auoid this Indenture or any thing therin contained to the contrary notwithstāding And the said I. couenāteth granteth by this Indenture that he or his heirs the said manor lands tenemēts other the premisses with thappurtenances meete sufficiently shall repayre sustaine maintaine and against wind raine shall make defensible when as often as need shall require during the said terme except dawbing of walles horne high and all hedges ditches and defences belonging to the said manor with thappurtenances which shall be at the costs and charges of the said H. his executors or assignes at all times during the said time And the same so sufficiently made repaired and amended in the end of the said time shall surrender and deliuer vp to the sayd I. his heires or assignes And the said H. couenanteth graunteth by this Indenture that hee his executors or assignes at their like cost and tharge shall beare and pay all maner of quite rents and outcharges which shall be due going out of the foresaid manor lands and tenements with thappurtenances at al times during the said terme And the said I. couenanteth and granteth by this Indēture that it shal be lawfull to the said H. his executors and assignes to haue and to take in vpon the lands before letten competent and sufficient freebote cartbote ploughbote hedgebote to be occupied spent in vpon the lands tenemēts aforesaid at all times during the said terme And further the said I. couenanteth and granteth by this Indenture that he and his heires the aforesaid manor lands tenements and al other with thappurtenances to the said H. to his executors assignes for the yerely rent aforesaid and vnder the other couenants aboue rehersed against all people shall warrant and defend during the foresaid terme of xx yeares by this Indenture In witnesse whereof c. ¶ A Lease for yeres of a house THis Indenture made the xx day of Ianuarie in the xvij yeare of the raigne of king
whereof the said E. knowledgeth c. Hath bargained sold and set ouer and by this Indenture doth bargaine and cleerely sel vnto the said C. D. all his estate right title vse interest and terme of yeres which hee hath yet to come in the premisses by the vertue of the Indenture and lease afore mentioned To haue and to hold the said tenement with shops sellers sollers warehouses and appurtenances to the said C. D. his executors and assignes from the feast of saint Michael next comming after the date hereof vnto the end and terme of all the yeres yet to come specified and comprised in the former Indenture of a lease The same C. D. his executors or assigns yeelding paying dooing and performing all and euery thing and things which the said E. by vertue of the former Indenture is bound or standeth charged for to do and hereof cleerely to acquite and discharge the said E. F. and his executors by these presents And the sayd E. F. couenanteth and granteth by these presents that he at no time before the date hereof hath done nor at any time hereafter shal do or cause or suffer to be done any act or thing which should or may be preiudiciall or hurtfull vnto the sayd C. D. his executors and assignes in hauing and inioying all the said tenement c. or any part or parcell of the same in maner and forme as is afore rehearsed In witnesse whereof c. ¶ An Indenture for the sale of a Reuersion THis Indenture made the first day of October in the xxiij yere of the raigne of our soueraigne Lord king Henry the eight c. betweene B. M. of Wakefield in the county of Y. of the one part and R. E. Citizen and Surgeon of London on the other part witnesseth that the said R. the day of making hereof hath bargained and sold and by these presents doth bargaine and sell vnto the said B. to his heires for euer all the reuersion when it shall happen to come and fall incontinently by and after the death of I. G. graundmother to the said R. of and in all those lands tenements meadowes leasues woods pastures reÌ„ts reuersions seruices with all and singuler the commodities appurtenances belonging to the same set lying and being in the towne and fields of A. in the couÌ„tie aforesaid now in the holding of Th. Fletcher and all his right claime title vse possession and interest of and in the same And also the said R. by this Indenture bargaineth and selleth vnto the said B. his heires and assignes for euer al and singular deeds charters euideÌ„ces escripts scrowls miniments and writings concerning the foresaid lands tenements and other the premisses with the appurtenances or any part thereof and the same and euery one of them the said R. couenanteth graunteth to deliuer or cause to be deliuered to the said B. his heirs or assignes at al times hereafter as hee may theÌ„ get or lawfully come by To haue to hold the said lands tenements and other the premisses with the appurtenances and the right title vse and reuersion of the same to the said B. his heires and assignes to their owne vse for euer incontinent after the decease of the said Ioan G. And the said R. couenanteth and graunteth by this Indenture that he or his heirs within a moneth next after the decease of the foresaid Ioane shall make or cause to be made to the said Brian and his heires and to such other persons as hee or they shall name and assigne to the vse of the said B. his heires and assignes for euer a good sure sufficient and lawfull estate in the Law in fee simple of in the said lands tenements and al other the premisses with the appurtenances be it by deed fine feoffement recouerie release with warranty or otherwise as by the learned councell of the sayd B. or his heires shall be aduised The same to be then clearely discharged of all former bargaines former sales titles iointures dowries statutes marchant statutes of the staple of Westminster intrusions fines forfaitures vses willes iudgements executions condemnations and all other maner of charges and encumbrances whatsoeuer they be The rentes and seruices from thenceforth due to the chiefe Lords of the fees of the same and the right and title of the said Ioane during her naturall life of and in the premisses all onely except and reserued And further the said R couenanteth and graunteth by this Indenture that he and his heires and all other persons hauing or pretending to haue any estate right title vse claime or interest of or in the foresaid landes tenements and other the premisses with thappurtenances of or in any part or parcel of the same at all times from the decease of the foresaid Ioan forward shall doe cause and suffer to be done all and euery thing and things which by the learned counsell of the said B. or his heires shall be deuised for the further assurance sure making of all the foresaid lands tenements and other the premisses with the appurtenances to the said B. his heirs assignes to their owne vse for euer For the sale bargaine of all which c. setting in the payments as in other examples here afore ¶ An other sale of a Reuersion in the maner of a deed in Latine OMnibus Christi fidelibus ad quos praesentes litere peruenerint I.H. senior de L. in comitatu Midd ' yeoman salutem in dnÌ„o sempiternam Cum C.M. vidua quae fuit vxor I.M. de H. in comitatu A. Husbandman iuxta voluntatem eiusdem I. M. habeat teneat ad terminum vitae eiusdem C. ex dimissione traditione chartae indentatae confirmatione mei dicti I.H. ac I.B. nuper de B. pÌ„dicta iam defunct ' omnes illas terras tenemeÌ„ta redditus seruitia cum pratis pascuis pasturis vijs semitis sepibus fossatis boscis subboscis oiÌ„bus suis pertineÌ„tijs quae ego dictê° I.H. pÌ„dict ' I.B. quondam coniunctim habuimê° nobis haeredibus assignatis nostris imperpetuum ex dono feoffamento dicti I.M. in villa campis de L. in comitatu pÌ„dicto reuersione omnium pÌ„dictarum terrarum tenementoruÌ„ reddituum seruic ' cum pratis pascuis vijs semitis sepibus fossatis boscis subboscis omnibê° suis pertinenÌ„ post mortem dicti C. mihi pÌ„fato H. haeredibus assignatis meis de iure spectant Noueritis me praefatum C.H. dimisisse tradidisse liberasse hoc praesenti scripto meo confirmasse N. S. de L. praedict ' dictam Reuersionem omniuÌ„ pÌ„dictarum terraruÌ„ tenemeÌ„toruÌ„ reddituum seruic ' cum pratis pascuis pasturis vijs semitis sepibus fossatis boscis subboscis omnibus suis pertinentijs statim cum acciderit post mortem dicti C. Ita quod omnia pÌ„dicta terras tenementa redditus seruitia cum pratis c. omnibus suis ê‘tinentijs quae post
mortem dicti C. mihi pÌ„f. I.H. haeredibê° assignatis meis reuertere remanere discendere deberent statim immediate post mortem dictae Cicilliae integre remanerÌ„ praefat N.S. Habendum tenendum dictam reuersionem cum omnibus singulis pÌ„missis cum pertinÌ„ post mortem dict' C. hered ' assignat suis imperpetuum de capitalibê° dominis feodi illius per seruitia inde debita de iure consueta per presentes In cuius rei testimonium c. ¶ An Indenture defeasant of a former sale of Lands THis Indenture made c. betweene Sir Hugh R. of N. in the countie of S knight on the one party and R B. Citizen Mercer of London on the other party Witnesseth that where the sayd Sir H. by Indenture bearing date the xx day of Iune the xxxiij yeere of the raigne of our Soueraigne Lord king Henry the 8. c. made between the same sir Hugh on the one partie the said R. B. on the other partie for the summe of x. li. sterling to the same sir Hugh contented paied bargained and sold to the said R. all the two mesuages with the shops cellers follers wharfs and al other their appurtenances set and lying at London bridge foote in the parish of saint M. of London in one of the which two mesuages W. D. Grocer now dwelleth in the other of them R. S. now inhabiteth all other lands tenements and hereditameÌ„ts with the appurtenances which the said Sir H. or any to his vse then had within the same parish And also all the deeds euidences writings miniments concerning the same mesuages lands tenements and al other the premisses euery parcell of the same with diuers other clauses couenants and grants in the same Indentures specified contained as by the tenor thereof more plainely doth appeare Neuerthelesse the said R. for him his heires and assignes willeth and granteth by these presents to the said Sir H. and his executors that if the said Sir Hugh his heires or executors at any time within the space of 3. yeres next ensuing the dare hereof wel and truely content pay or cause to be contented and paid to the said K. lx li. sterling that then and from thencefoorth after such paiment made the said R. and his heires and all and singuler other persons now being seised or that hereafter shal be seised of the premisses or of any parcell thereof to the vse of the said R. and his heires shall stand be thereof seised to the only vse of the said sir H. and of his heires And also the said R. couenanteth and graunteth by these presents that he and his heires and all other persons seised to their vse of and in the premisses within the space of eight moneths next after such paiment made shal make or cause to be made vnto the foresaid sir H. and his heires or other at his or their denomination and their heires a good sure sufficient and lawfull estate of and in the said mesuages lands tenements and other the premisses with the appurtenances by deed fine feoffement release confirmation or otherwise as by the counsel learned of the said sir H. shal be aduised at the only costs and charges of the said sir H. in the law discharged of all former bargaines and sales statutes of the staple statutes marchant recognisances iointers dowries and of all other charges and incumbrances whatsoeuer they be made knowledged or graÌ„ted by the said R. his heires or the said other persons And the said R. couenanteth and graunteth by these presents that he within the space of one yere next after that the said estate be made shall deliuer or cause to be deliuered to the said sir H. or his heires all such euidences charters writings and muniments which he or any other to his vse to his knowledge hath then or afterward shall haue concerning the premisses and euery parcell of the same In witnesse c. ¶ An Indenture of sale of Copyhold lands THis Indenture made c. betweene M. R. widow late the wife of C. R. while he liued citizen and Tauerner of London T. R. sonne and heire apparant of the said T. on the one part and C. B. Serieant of the Law on the other part witnesseth that the said M. T. the sonne hath bargained and sold and by these presents clearely bargaineth and selleth to the said C. B. all that mesuage cellers sollers houses edifices gardens orchards and lands in Purney in the Countie of Surrey in the which the said T. the father dwelled occupied together with all easements commodities appurtenances to the same belonging apperteining whether they be freehold or copy-hold or whatsoeuer tenure they be of And the said M. and T. the sonne couenanteth graunteth for them and their heires to and with the said R. and his heires or him and other persons and their heires at the nomination of the sayd R. or his heirs to assure the said mesuage gardeÌ„ yards orchards lands tenements other the premisses before the teast of Saint Andrew next comming by surrender thereof into the Lords hands to the vse of the said R. his heires or to the vse of him and other persons by him to be named to their heires or otherwise at the expences costes and charges in the Law of the said M. and T. the sonne or of one of them their executors or assignes And also at their like expences aswell for the Lords fine as for all other things shall cause the Lord of the mannor for the time being of whom the said mesuage and all other the premisses be holden to make a sure graunt seisin possession and deliuery of and in all and singuler the same to the said R. and his heires or to him and other persons at his nomination to their heires according to the laudable vse and custome of the same manor heretofore vsed And furthermore the said M. couenanteth graunteth that if the said R. or such persons at his nomination which shall haue the said mesuage lands tenements and other the premisses without couin or collusion be lawfully euicted dispossessed or disseised out of the said mesuage lands and tenements or in any part thereof by reason of any former right or title that any person hath to the same better than the said M. or T. the sonne or if that the said R. be not made sure of the premisses before the feast of Easter next comming That then the said R. and his heires shal immediately within the space of 3 moneths next after any such euiction dispossession or disseisin haue as much lands and tenements of the foresaid M. and T. which they or either of theÌ„ haue or had in their possession reuersion or vse at the election pleasure of the said R. as shall amount be of the cleare yeerely value of the said mesuage c. or of as much part therof as the foresaid R.
said master nor without hee shall commit hurt vnto his said Master he shal not do or consent to be done to the value of xij d. by the yere or aboue but he to his power shal let or anon his Maister warne Tauerns of custome he shall not haunt but if it bee about his maisters busines there to be done At the dice cards or any other vnlawfull games he shall not play The goods of his said master inordinatly hee shall not wast nor them to any man lend without his masters licēce Matrimony with any woman within the sayd terme hee shal not contract nor espouse Nor from his seruice neither by day nor by night shal absent or prolong himselfe but as a true and faithfull seruant ought to behaue himselfe aswel in words as in deeds And the said W. vnto the said T. in the craft the which he vseth after the best maner that he can or may shall teach informe or cause to be taught and informed as much as to the said craft belongeth or in any wise appertaineth and in due maner to chastice him finding vnto his said seruant meat drinke linnen woollen hose shooes and al other things to him necessary or belonging to an apprentite of such craft to be found after the maner and custome of the city of London In witnesse whereof the parties aforesaid to these Indētures sunderly haue set to their seales Giuen the xxij day of September in the xxxij yeare of the raigne of king H. the viij c. ¶ An Indenture of marriage THis Indenture made c. Betwixt dame Anne of H. W. A. and R. M. c. of the one part and E.F. Esquier on the other part Witnesseth that it is couenanted condiscended and agreed betweene the said parties in manner and forme following that is to say The said E.F. couenanteth and graunteth that he by the sufferance of God shall marry and take to wife Elizabeth E. widdow daughter of the said Dame Anne late the wife of W.E. and his executrix and the same Elizabeth espouse and wed after the law of holy Church before the feast of S. Michael the archangel next comming if the same Eliz. will thereto agree likewise the said dame Anne W.A. and R. M couenanteth and graunteth and euery of them couenanteth and graunteth that the same Eliz. by the sufferance of Almighty God shall marry and take to husband the same E. F. and him espouse in law of holy Church before the feast of S. Michael tharchangell next comming if the said Elizabeth will therto agree For which marriage so had done and solemnized the said E. couenanteth granteth and agreeth that hee shall make or cause to be made vnto the said dame A. W.A. and R. M. c. on this side the feast of the Natiuitie of our Lord next cōming after the date hereof a good sure sufficient and lawfull estate or estates of and in the mannor of M. c. with thappurtenances in the countie of L. c. and all other lands and tenements rents seruices with thappurtenances which the same E. F. or any other to his vse hath haue or had in M. aforesayd be it by recoueries fines feoffem̄ts confirmation release deed or deeds enrolled with warrantie of the said E.F. of T. F. or I. F. or otherwise as shal be best aduised by the learned counsell of the said dame Anne W. A. c. at the costs charges of the said E.F. the same manor lands tenemēts c. with thappurtenances clerely discharged of al estates former bargaines sales recognisances all other charges whatsoeuer they be Except an annuitie of xl s. by yere granted to E. D. Esquire for the terme of his life and excepted also all such lāds as be in the iointures of M. late wife of I. F brother to the said E.F. and also except the rents seruices to the Lord of the fee thereof due accustomed And also the said E. shall further doe suffer to be done at al times on this side the feast of the Natiuity of our Lord afore rehearsed all euery such thing things that shall in likewise be aduised by the learned counsell of the said dame Anne W. c. for to make the said dame Anne and W. c. and their heirs sure of the said manor lands tenements and other the premisses with thappurtenances To haue and to hold the same manor and other the premisses with the appurtenances to the same dame Anne W.A. c. their heires to the vse of the said E.F. and Elizabeth and the heirs males of the bodie of the said G. by the said Elizabeth to bee begotten without impeachement of wast and for default of such issue to thuse of the said E.F. his heirs to perform his last will And that after the said marriage al persons seised of the said manor other the premisses shall stand and be seised thereof to the vse before rehersed ouer this the said E.F. couenāteth graunteth that if the said manor and other the premisses except before excepted be not of the cleere yearely value of a C. l. ouer all charges expences that the same E. at reasonable request of the said dame A. W.A. c. or any of thē shall make or cause to be made like sure estate or estates of and in other lands and tenements within the said county of as much clere yearely value as the sayd manor and other the premisses except before excepted is vnder lacked of the said yearely value of C. l. to the said dame Anne W. c. and their heires to the vse afore declared and also shal suffer the said Elizabeth at her libertie and pleasure to marry one Elizabeth E. her daughter and daughter and heire of the said W. E. to any person that it shal please her And to dispose such money and profits that shall fortune to be granted promised for the marriage of the sayd Elizabeth the daughter at the liberty pleasure of the foresaid Elizabeth the mother without contradiction let or disturbance of the said E. F. or any person by his commaundement procurement or assent And that the said E. shall not receiue or haue any money or reward for the said marriage Moreouer the said E. F. couenanteth and graunteth by these presents that if it fortune the said Eliz. the mother after the said mariage solemnized betweene her and the said E.F. to decease out of this world in the life of the same E. her husbād that then the said E. shal giue licence power and authoritie to the said Elizab. before her death to make a testament cōcerning her last will by the same testament to giue dispose at her pleasure of the goods cattels of the said E. F. amounting to the value of an C. l. sterling that the said E. F. shal suffer such persons as the said Eliz. shall name to haue
he against all naturall loue humanitie nothing more coueting than the extreame destruction of her and her said poore husband and well perceiuing how far he is now vnable to helpe himselfe hath vtterly denyed to render the same and yet doth contrary to all conscience equitie law or right In consideration whereof may it like your honourable Lordship of your accustomed pitie to call the said c. before you together with the husband of your said poore oratrix and there to will him to deliuer the said writings againe to the said husband if it shall seeme vnto your honor or els there to shew sufficient matter why he should keepe the same your said oratrix with her poore husband their poore children shall pray c. ¶ A bill of a title of Copihold lands HVmbly complaining sheweth vnto your good Lordship your daily orator W. S. otherwise named W. T. of L. cofin and heyre of I. S. otherwise called I. M. while hee liued c. That whereas your said Orator at your Lordships last being at c. did exhibite vnto you a certaine bil of complaint mentioning therein that the foresaid I. S. otherwise called I. T. in his life time was seised of and in certaine Customarie lands and tenements that is to say of and in c. holding by Copy of Court roll of the manour of which one T.L. then was and yet is Lord. And that the same I. S. so being seised of the premisses afterwards of like estate dyed thereof by protestation seised after whose death the said c. with the appurtenances and the right title vse possession inheritance thereof discended and came and of very right ought to discend and come vnto your sayd Orator as cofin and next heire of the said I. S. that is to say the yongest sonne of I. yongest sonne and heire to the same I. S. according to the auncient custome of the said mannor And that your said orator had oft and sundry times desired and prayed the said c. that with lawfull warning vnto the tenants of the sayd Lordshippe a Court might bee holden at the sayd manour by whose inquirie the title of your said orator might be presented and found in the premisses according as both iustice right and good conscience doth require Howbeit most honorable Lord that notwithstanding forasmuch as the said c. hath kept the premisses in his owne hand these many yeares past and the profits and issues thereof comming hath by the same space to his owne proper vse receiued and taken and yet doth your sayd poore orator could neuer get the same c. to hold a court there minding thereby vtterly disheriting vnto your said poore Orator of and in the premisses vntill such time as your sayd most honourable Lordship mooued with your accustomed loue to iustice and pitie towards pouertie vouchsafed to graunt vnto him your benigne letters directed vnto the said c. willing him thereby with lawfull warning giuen vnto the tenants of the said Lordship to summon and keepe a Court of the said manour for the triall of the right of your said Orator in the premisses vpon the receipt of which letters the said c. summoned and kept a Court at his said Manour of c. whereat vpon the open and plaine declaration of your said Orators title together with the examination of diuers witnesses brought in by your said Orator for the said tytle in the premisses and further vpon the shewing of much substantiall and auntient euidence maintaining the same the Homage therewith charged and sworne did present and find at the said c. before I. S. Steward of the same Court that the foresaid I. S. was possessour and held the premisses by Copie of Court roll according to the custome of the said Mannor and that also your said Orator was cofin and heire to the same I. S. according to the custome of the said mannor that is to say sonne of I. younger sonne of c. as by the Copy of the same Court rolles ready to be shewed more plainely may appeare vnto your Lordship After which presentment at the same Court it was agreed betwixt the said Steward in the name of the said c. and your said Orator that if the said c. should not declare and shew vnto your said Orator or to his learned counsaile at London within one terme then next ensuing a better title and interest to the foresaid premisses than your said Orator had then and there already prooued that then your said Orator should haue and enioy the premisses to him and to his heires according to right equitie and good conscience according to the custome of the said manor But so it is most honorable Lord that althogh the said c. as he cannot so hath hee not by the said space prooued any maner of title or colour of title to the premisses but onely with such like fraudulent delayes he intendeth to wery your said poore orator from the obtaining of the premisses if he can disherite him from the same Wherefore may it please your good Lordship of your accustomable goodnes alwayes to pouertie extended to graunt vnto your said Orator the Kings most gracious writ of Subpena to be directed to the said c. commanding him by the same not onely to appeare personally before your good Lordship in the high court of Chancerie at a certaine day and vnder a certaine paine by your good Lordship therein to be limitted but also to permit and suffer your said orator peaceably to haue hold or occupie possesse and enioy the premisses aforesaid and the profits and issues of the same vntil such time as the same c. hath duely approued better title to the premisses than he hath hitherto done and your said poore Orator shall pray c. ¶ ADDITIONS TO THE booke of Instruments ¶ A graunt of a Ward within age OMnibus Christi c. Salutem c. Sciatis me praefat Comitem pro quadam pecuniae summa mihi per T. M. generoâ—um pÌ„ manibê° solut dedisse ê‘ present concessisse eidem T. custodiam W. C. filij heredis I.C. iam defuncti ac omnium terrarum tenementorum hereditam morum quae ad manê° meas deuenire poterint ratione minoris aetatis eiusdem W. post mortem dicti I qui de me tenuit die quo obijt per seruitium militare ac maritagium pÌ„dicti W. Habendum tenendum custodiam praedictam ac maritagium praedicti W. praefato T. assignatis suis quousque dictus W. ad plenam aetatem viginti vnius annorum peruenerit ac quamdin in manibê° meis fore contigerent seu remanere deberent si contingit praedictum W. obire antequam ad plenam aetatem viginti vnius annorum peruenerit herede suo infra aetatem existente tunc sciatis me praefatum comitem pro c. conceâ—lisse praefat T. custodiam eiusdem heredis ac omnium terrarum