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
the Queen that the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the said Richard Hynde be or in Law ought to be adjudged a good and Lawfull re-entry then the Jurors aforesaid say upon their Oath that the said William Ambry is not guilty of the Trespass and Ejectment of the farm aforesaid as he before for himself hath alleged And because the Court of the Lady the Queen here of giving their Judgement further of and upon the premises is not yet avised day thereof is given to the parties aforesaid in the state that now it is before the Lady the Queen at Westminster untill thursday next after 8 dayes of Saint Hillary to heare their Judgement thereof because the Court of the Lady the Queen here thereof not yet have avised 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 Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in the state it now is before the Lady the Queen at Westminster until wednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. And so from Term to Term until the plaint aforesaid was farther adjroned by another writ of the said Lady the Queen of Common adjournment before the Queen until the morrow of All Souls at the Castle of Hartford in the County of Hartford at which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attorneys aforesaid and because the Court of the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is farther given to the parties aforesaid in state as it is now before the Lady the Queen at the Castle of Hartford until Tuesday next after 3 dayes of Saint Hillary to hear their Judgement c. because c. Before which day the plaint aforesaid was adjorned by a writ of the Lady the Queen of common adjornement before the said Lady the Queen untill 8 dayes of Saint Hillary at Westminster at which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid and because the Court of the Lady the Queen here of giving their Judgment of and upon the premises is not yet avised Day is further given to the parties aforesaid in state as now before the Lady the Queen at VVestminster untill VVednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attorneys aforesaid Upon which seen by the Court of the Lady the Queen here and the premises diligently looked into and thereof mature deliberation being thereof had Because it seemeth to the Court of the said Lady the Queen here that the entrie of the aforesaid VVilliliam Ambry above specified into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the aforesaid Richard Hynde was a good and lawfull re-entry therefore It is granted that the aforesaid Richard Hynde take nothing by his Bill aforesaid but that he for his false clamour be taken c. and the aforesaid VVilliam Ambry be thereof without damage c. Ejectione Firme Hillary Terme 36. Eliz. Rott 440. in the Kings Bench. Sir George Browns Case C. 3. part fo 45. WIlliam Spencer late of Swindon in the County aforesaid Yeoman and Thomas Spencer late of Swindon in the County aforesaid Yeoman were attached to answer to James Linche of a plea wherefore with force and armes one Messuage one Barn 80 Acres of Land 80 Acres of Meadow and 80 Acres of Pasture with the appurtenances in Swindon which George Brown Knight to the aforesaid James demised for a Term which is not yet ended they entred and him from his Farm aforesaid did eject and other harms did unto him to the grievous damage of the said James and against the peace of the Lady the Queen that now is c. and whereupon the said James by Thomas Cooper his Attourny Complaineth That whereas the aforesaid George Brown the 22 th day of October in the year of the Reign of the Queen that now is the 35 th at Swindon aforesaid had demised to the said James the Tenements aforesaid with the appurtenances to have and to hold the same Tenements with the appurtenances to the said James and his assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 4 years from thence next ensuing and fully to be compleated By virtue of which demise the said James into the Tenements aforesaid with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid William and Thomas afterwards that is to say the 22 th day of October aforesaid in the 35 th year aforesaid with force and armes c. the Tenements aforesaid with the appurtenances which the said George Brown to the said James in form aforesaid demised for the term aforesaid which is not yet ended entred and him the said James from his Farm aforesaid held out and other harms c. To the grievous damage c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound and thereof bringeth sute c. And the aforesaid William and Thomas by John Paxton their Attorney come and defend the force and injury when c. And say that they in nothing are guilty of the Trespass and Ejectment aforesaid as the aforesaid James above against them complaineth and of this put themselves upon the Country and the aforesaid James likewise c. Therefore it is commanded to the Sheriff that he have here in 8 dayes of the Purification of the blessed Lady 12 good and Lawfull men c. by whom the truth c. and who neither c. Because aswell c. afterward the process between the parties aforesaid was continued of the plea aforesaid by Jurors put between them put in respite here until this day that is to say in 8 dayes of Saint Michael in the year of the Reign of the Lady the Queen that now is the 37 th Unless the Justices of the Lady the Queen for Assises in the County aforesaid to be taken assigned by the form of the statute upon Thursday the 17 day of July last past at New Sarad in the County aforesaid first came And now here at this day come as well the aforesaid James Linche as the aforesaid William Spencer and Thomas Spencer by their Attorneys aforesaid and the aforesaid Justices of Assise before whom c. sent here their Record in these words Afterwards the day and place within contained before Thomas Walmesley one
is the 35 th at Lugershall aforesaid dyed After whose death the said George Brown into the Tenements within written with the appurtenances in which c. upon the possession of the said Edmond Bridges William and Anthony Bridges Sons of the said Edmond thereof entred and was thereof seised as the Law requireth and so being thereof seised afterwards and before the aforesaid time in which c. that is to say the within written 22 th day of October in the 35 year aforesaid Demised to the said James the said whole Tenements within written with the appurenances in which c. To have and to hold to the said James and his assignes from the within written Feast of Saint Michael the Archangel until the end and Term within mentioned of 4 years from thence next ensuing and fully to be compleated by virtue of which demise the said James into the said Tenements within written with the appurtenances entred and was thereof possessed as the Law requireth upon whose possession of the said James the aforesaid Thomas Spencer as servant of the said Edmond Bridges and by his Commandment within written the time in which c. into the said Messuage and 26 Acres of Land entred and the said James from his Farm aforesaid thereof did eject But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found the entry of the said Thomas Spencer into the aforesaid Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not the said Jurors are altogether Ignorant and Pray thereof the advise and discretion of the Justices here c. And if upon the whole aforesaid matter It shall seem to the Justices and Court here that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law then the said Jurors say upon their Oath that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid in the aforesaid Messuage and 26 Acres of Land as the aforesaid Iames against him within complaineth and then they assess the damages of the said Iames by the occasion of the said Trespass and Ejectment above his charges and costs by him about his sute in his behalf expended to 4 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid It shall seem to the Justices and Court here that the aforesaid entrie of the said Thomas Spencer upon the possession of the said Iames be a good and Lawfull entrie in Law then the said Jurors say upon their Oath that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid in the said Messuage within alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgment thereof day is given to the parties aforesaid here until in 8 dayes of Saint Hillary to hear their Judgement thereof because that the said Justices here thereof are not yet c. at which day come as well the aforesaid Iames as the aforesaid William and Thomas by their Attornies aforesaid and because the Justices here will further advise themselves of and upon the premises before they give their Judgement thereof day farther is given to the parties aforesaid here until from Easter in 15 dayes for to hear their Judgement therof because the said Justices here are not thereof yet c. At which day here come aswell the said Iames by George Dancombe his Attorny as the said William and Thomas by their Attorny aforesaid and because the Justices here will farther avise of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here until the morrow of Holy Trinity to hear their Judgment thereof because the said Justices here thereof not yet c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his Attorny as the said Willam and Thomas by their Attorny aforesaid and because the Justices here will avise of and upon the premises before they give their Judgement thereof further day is given to the parties here until in 8 dayes of St. Michael to hear their Judgment thereof because the said Justices here thereof are not yet At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny as the aforesaid William Spencer and Thomas Spencer by their Attorny And upon this the verdict aforesaid being seen and by the Justices here fully understood it seemeth to the Justices here that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Messuage and 26 Acres of Land upon the possession of the said Iames Linch is not a good and Lawfull entry in Law Therefore It is granted that the aforesaid Iohn Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and his damages aforesaid to 16 pence by the Jurors aforesaid in form aforesaid assessed As also 26 pound 9 shillings to the said Iames at his request for his charges and costs aforesaid by the Court here of increase adjudged which damages in the whole do amount to 26 pound 10 shillings and 4 pence and the aforesaid Thomas be taken c. And also the said Iames in mercy for his false clamor against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid thereof the said William and Thomas and the Jurors aforesaid above be acquitted therefore the said William and Thomas go thereof without day c. and hereupon the said Iames prayeth the writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him possession of his Term yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes c. Afterwards that is to say the 26 th day of November in the year of the Reign of the said Lady the Queen that now is the 40 th come here into Court the aforesaid Iames by the aforesaid George his Attorny and by a special warrant to him in that behalf made confessed himself to be satisfied of the damages aforesaid therefore the aforesaid Thomas of the said damages be acquitted c. Ejectione Firme Hillary Term 40. Elizabeth Rott 748. in the KINGS BENCH Adams and Lamberts Case C. 4. part fo 96. Buck MEmorandum That at another time That is to say in Michaelmass Term last past before the Lady the Queen at Westminster came Theophilus Adams Gentleman by Iohn Povey his Attorny and brought here in the Court of the said Lady the Queen then there his bill
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
aforesaid are utterly Ignorant And thereof pray the Advise of the Justices aforesaid and of the Court here c. And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the same Justices and Court here c. That the aforesaid Christopher Digges the Father dyed seised of the Manors Tenements in the Monstrans de droit within written specified in his demesn as of Fee or of any part thereof with the Appurtenances Then the Jurors say upon their Oath aforesaid That the aforesaid Christopher Digges the Father dyed seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit specified or of so much thereof as to the same Justices shall â—eem the same Christopher so dyed seised in his demesn as of Fee as the aforesaid Christopher Digges the Son the aforesaid Edward Digges within pleading have alleged And if upon the whole mâ—ttâ—r aforesaid by the Jurors aforesaid in form aforesaid sound It shall seem to the same Justices and Court here c. That the aforesaid Chrâ—stopher Digges the Father dyed not seised of the Manors and Tenements with tâ—e appurtenances in the Monstrans de droit within written specified or of any parcel thereof in his demesn as of Fee Then the said Juror say upon ther Oath aforesaid That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit within written specified or of so much thereof as to the said Justices aforesaid shall seem the same Christopher so not to dye seised of â—n his demesn as of Fee in his demesn as of Fee as the said Thomas Palmer and Margaret within pleading have alleged And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises are not yet avisâ—d day thereof is further given to the parties aforesaid in state is now before the Lady the Queen untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen here of giving their Jugement of and upon the premises are not yet avised further day is given to the parties aforesaid in sute as now before the Lady the Queen untill in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court or the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come aâ—well the aforesaid Christopher Digges the Son and the said Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons and because the Court of the said Lady the Queen here oâ— giving their Judgement of and upon the premises are not yet avised day thereof is given to the parties aforesaâ—d before the Lady the Queen untill in 8. dayes of Saint Hillary wheresoever e. for to hear their Judgâ—ment thereof c. because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the said Thomas and Margaret in their proper persons and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen untill from Easter day in 15. dayes wheresoever to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement hereof because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons Upon which seen and by the Court of the Lady the Queen here all singular the premises here fully understood and mature deliberation thereof being had Because it seems to the Court of the Lady the Queen that now is here That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit aforesaid above specified or of any parcel thereof in his demesn as of Fee It is granted that the aforesaid Christopher Digges the Son and Edward Digges take nothing by their Writ aforesaid but for their false clamor thereof be in mercy c. And the aforesaid Thomas Palmer and Margaret go thereof without day c. Prohibition and Attachment upon Prohibition Easter Term Anno 38. Eliz. Rott 628. in the Kings Bench Co. 2. part The Bishop of Winchesters Case MEmorandum that at another time that is to say Michael Term last past before the Lady the Queen at Westminster come Robert Wright by Thomas VVebb the younger and brought here in the Court of the said Lady the Queen then and there his Bill against John VVright Executor of the Testament and last Will of Nicholas VVright late whilest he lived Farmer as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocesse of VVinchester in the Province of Canterbury in the Custody of the Marshalsea c. in a Plea of Trespass and Contempt against those who prosecuted in the Spiritual Court against the Queens Prohibition to the contrary thereof directed and delivered And are Pledges of sute John Doo Richard Roo which Bill followeth in these words ss South That is to say Robert Wright who as well for the Lady the Queen as for himself prosecuteth complaineth of John Wright Executor of the Testament and last Will of Nicholas â—â—ight deceased late whil'st he lived as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocess of Winchester in the Province of Canterbury in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being why he sueth
and for his costs and charges to 2. pence 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 the Appurtenances in which c. the aforesaid time in which c. were the Soil and Freehold of the aforesaid John Kent the Son as the said John Smith above allegeth Then they assess the damages of him the said John Smith by the occasion aforesaid above his costs and charges by him about his sute in this behalf expended to 12. pence and for his costs and charges to 2. pence 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 here in 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 as the aforesaid John 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 farther is given to the parties here until in 8. dayes of St. Michael to hear their judgment of them because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John 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 here in 8. dayes of Saint Hillary to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises day further is given to the parties aforesaid here until from Easter-day in 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John 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 aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And upon this The premises being seen and by the justices here fully understood It is granted that the said William take nothing by his Writ aforesaid but be in mercy for his false clamour and the aforesaid John thereof go without day c. And that he have retorn of his Cattel aforesaid to hold for ever irreplegiable c. how c. And that the Sheriff make it appear here in 8. dayes of Saint Michael c. It is also granted That the aforesaid John recover against the said William his damages to 14. pence by the jurors aforesaid in form aforesaid assessed as also 18. pound 8. shillings and 10. pence to him the said John at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages amount in the whole to 19. pound c. Replevin Trinity Term Anno 380. Eliz. Rot. 183. in the Common-Pleas C. 1. part Bredons Case Fo. 67. Suss WIlliam Bredon and John Bredon were summoned to answer to Agnes Gardiner Widow of a Plea Wherefore they took the Cattel of the said Agnes and them unjustly detained against Gages and Pledges c. And whereupon the said Agnes by Thomas Waller her Attorny complaineth That the aforesaid William and John the 18th day of May in the yeer of the Reign of the Lady the Queen that now is the 37th at Stow-market in a certain Place called the Parkwood parcel of the Manor of Columbine hall took Cattel that is to say 15. Cowes Milch and 5. Calves of the said Agnes and them unjustly detained against Gages and Pledges until c. Whereupon she saith that she is the worse and hath damage to the value of 10. pound And thereof bringeth sute c. And the said William and John by Richard Walker their Attorny come defend the force and injury when c. And as Bayliffs of Martha Cary Widow do acknowledge the taking of the Cattel aforesaid in the place in which c. And justly c. Because they say That the same place in which it is supposed the taking above to have been made doth contain and at the time of the taking of the Cattel aforesaid did contain in it self 8. Acâ—es of Lands with the appurtenances in Stow-market aforesaid and that long before the aforesaid time in which c. One John Gardiner Gent. was seized of and in the Manor of Collumbine hall otherwise Thorney Collumbers with the appurtenances in the County aforesaid whereof the aforesaid 8. Acres of Land with the appurtenances in which c. are and the aforesaid time in which c. And also from the time whereof the Memory of Man is not to the contrary were parcel in his demesn as of Fee and he being thereof so seized A Fine was levied in the Court of the Lady the Queen that now is of the Bench here that is to say at Westminster in 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said Lady the Queen of the Bench here and other the said Queens faithful people here then present Between Edmond Cary Knight and Robert Cary Esquire Plaintiffs and VVilliam Cary Esquire the aforesaid John Gardiner and the said Agnes now Plaintiff then the Wife of the said John and George Totty Gentleman and Elizabeth his Wife by the names of VVilliam Cary Esquire Iohn Gardiner Gentleman and Agnes his Wife George Totty Gentleman and Elizabeth his Wife Deforceants of the Manor aforesaid with the appurtenances whereof c. And of 10. Messuages 10. Cortages 10 Barns one Dove-house 20. Cartilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath the Rent of 1. pound of Wax and 4. Capons 30. shillings of Rent with the appurtenances in Stow market Newton Gipping and One House As also of the view of Frank Pledge in Stow-market Newton Gipping and One House By the names of the Manors of Collumbine hall otherwise Thorney Collumâ—bers with the appurtenances and of 10. Messuages 10. Cottages 10. Barns one Dove house 20. Curtilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath 30. shillings of Rent of the
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
Lady the Queen in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth at the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the said Lady the Queen until the Morrow of All Souls at the Town of Saint Alban aforesaid At which day before the Lady the Queen at the Town of Saint Alban aforesaid cometh as well the said John Kettel by his Attornies aforesaid as the aforesaid George Mason and Francis Easterley in their proper persons And because the Court of the said Lady 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 Lady the Queen in 8. dayes of Saint Hillary wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Lady the Queen at WESTMINSTER aforesaid at the aforesaid 8. dayes of Saint Hillary At which day before the Lady the Queen at VVESTMINSTER come as well the aforesaid John Kettell by his Attornie aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons and because the Court of the said Lady the Queen that now is here of giving their Judgment of and upon the premises is not yet avised day farther is given to the parties aforesaid before the Lady the Queen from the day of Easter 15. dayes wheresoever c. to hear their Judgment 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 cometh aswell the aforesaid John Kettle by his Attorny aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons And upon this all and singular the premises by the Court of the said Lady the Qeen that now is here being seen and matute deliberation thereof being had Because it seemeth to the Court of the Lady the Queen that now is here that the plea aforesaid by the aforesaid George and Francis to the Bar of the aforesaid John Kettle aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contayned is good and sufficient in Law Therefore it is granted that the said John Kettle take nothing by his writ aforesaid and that he and his Sureties for his false clamor aforesaid thereof be in mercy c. and the aforesaid George Mason and Francis Esterly thereof go without day c. and have Retorn of their Cattel aforesaid to be holden by them irreplegiable for ever And further according to the form of the Statute in such case late had and provided it is granted that the aforesaid George Mason and Francis Easterly recover against the aforesaid John Kettle their damages which they have susteined as well by the occasion of the premises as for their Costs and charges by them about their sute in this behalf expended But because to the said Court of the said Lady the Queen that now is here It is unknown what damages the said George and Francis in this behalf sustained It is commanded to the Sheriff that by the Oath of good and lawfull men of his Baâ—liftwick he diligently enquire what damages the aforesaid George and Francis have susteyned and the Enquire which c. to the Lady the Queen in the morrow of the Holy Trinity whensoever c. under Seal c. and the Seals c. he send together with the Writ of the said Lady the Queen thereof to him directed The same day is given to the said George and Francis c. At which day before the Lady the Queen at Westminster cometh the aforesaid George and Francis in their proper persons And the Sheriff that is to say Michael Sands Esquire at that day Certified that the Cattel aforesaid before the Receiving of the Writ aforesaid were esloined to places to the said Sheriff unknown by the within named John Kettel so that the Cattel to the aforesaid George and Francis Esterley he cannot retorn irreplegiable as to the said Sheriff by the Writ aforesaid it was commanded And further the said Sheriff certified an Enquiry before him the 8th day of June in the 36th yeer aforesaid at Dedford Strand in the County aforesaid by the Oaths of 12. and lawful Men of his Baliwick taken by which it is found That the aforesaid George Mason and Francis susteined damages by the occasion of the premises above their costs and chages by them about their Sute in this behalf expended to 40. shillings and for their costs and charges to 2. pence Therefore it is granted That the aforesaid George Mason and Francis Esterley recover against the aforesaid John Kettell their damages aforesaid by the Inquisition aforesaid in form aforesaid found As also 9. pound to them the said George and Francis for their costs and charges aforesaid by the Court of the Lady the Queen here of Encrease adjudged which damages here in the whole do amount to 11. pound and 2. pence And the aforesaid John Kettell in mercy And further it is commanded to the Sheriff that of the Cattel of the said John Kettell in his Bailiwick to the value of the Cattel aforesaid which to the aforesaid George and Francis were adjudged he take in Withernam And them to the aforesaid George and Francis cause to be delived to be kept by them until the Cattelâ— of them the said Goorge and Francis in the said Court first adjudged can be delivered c. REPLEVIN Easter Term Anno 36. of Elizabeth Rot. 731. in the COMMON-PLEAS C. 2. part Bettiworths Case fol. 27 a. THomas Bettisworth was summoned to Answer to John Hayward of Sussex a Plea wherefore he took the Cattel of the said John and them unjustly deteined against Gages and Pledges c. And whereupon The said John by John Comber his Attorny complaineth That the aforesaid Thomas the 28th day of October in the yeer of the Reign of the Lady the Queen that now is the 19th at Ipping in a certain place called â—â—ynolds took the Cattel that is to say Two Cows of the said John and them unjustly deteined against Gages until c. And whereupon he saith that he is the worse and hath damage to the value of 10. pound c. And thereof he bringeth Sute c. And the aforesaid Thomas by John Trot his Attorny cometh and
sworn therein and many years served the place Thus much being on my own knowledge to be true at his humble and earnest sute I thought good to advertise your Lordships and so do bid your Lordships farewell from the Court the 21th day of May 1579. your Lordships loving Friend R. Leicester And the Jurors further say That the aforesaid Augustine Steward brother of him the said Mark the 6th day of January in the 11th year abovesaid at Hampton Court in the County of Middlesex by the said Lady the Queen was admitted ordained and constituted to attend in the place and room of him the said Mark his brother upon Nicholas Bacon Knight then being Lord Keeper of the Great Seal of England and to the said Office for in the place and room of him the said Mark well and faithfully to exercise and execute then and there in the presence of the said Lady the Queen was sworn as by the Deposition of the said Augustine Steward which followeth in these words we finde to be true After Christmass and before Hillary Term in the 11th year of her Highness Reign on a Sunday or Holiday her Majesty coming from the Closet at Hampton Court was moved by the Right Honourable deceased Earl of Pembroke for the instituting of Augustine Steward Sergeant at Arms to attend upon the Lord Keeper To whom her Majesty answered My Lord he is not to have his brothers Office but is to be appointed only to attend in his place for him at such time as his brother shall be absent her Majesty making then relation of her favourable License already granted to Mark Steward to abide in the Country and to absent himself from her service at his pleasure until he should by her Majesty be called again to his attendance upon the said Lord Keeper And then the said Augustine was sworn to attend as is above specified By colour of which the said Augustine Steward in the absence of him the said Mark Steward his brother the aforesaid Office of Sergeant at Arms attendant upon the Chancellor of England from thence until the 20th day of June in the year of the Reign of the said Lady the Queen that now is the 18th used and executed But whether the said Lady the Queen by word only without Writing sealed can give sufficient License in Law to the said Mark Steward to absent himself from the exercising of his Office aforesaid the Jurors aforesaid are utterly ignorant and thereof pray the ayd and advise of the Court here in the premises And if upon the whole matter aforesaid it shall seem to the Court of the Lady and Queen here That the said Lady the Queen that now is can by word only without her writing sealed give sufficient License in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the said Jurors say That the said Lady the Queen that now is gave Licence to the said Mark Steward to absent himself from the exercise of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid in manner and form as the said Mark above in pleading alledged And if upon the whole matter aforesaid It shall seem to the Court of the Lady the Queen here That the said Lady the Quâ—en cannot by word only without her Writing sealed give sufficient license in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the Jurors aforesaid say That the said Lady the Queen did not give license to the said Mark to absent himself from the exercising of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised c. Therefore day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until in 8. dayes of Saint Michael before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Michael before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof are not yet avised c. Therefore further day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until from the day of Saint Martin 15. dayes before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Martin before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the said Mark Steward by his Attorny aforesaid Upon which all and singular the premises being seen and fully understood by the Court here and mature deliberation being had thereof the Queens Serjeant at Law and the Attorny General of the said Queen being called to it and present It was awarded That the said Office of Serjeant at Arms holden in the Hands of the said Lady the Queen be restored to the said Mark And that the said Mark Steward to the exercising and holding of his Office aforesaid from which he was amoved together with the Wages and Fees thereof to the said Office due and belonging from the time of his amoving from the exercising of his Office aforesaid hitherto received and with-holden be restored c. Saving the Right of the Queen if any c. TRESPAS Hillary Term Anno 41. Elizabeth Rott 1049. in the COMMON-PLEAS C. â— part Corbets Case fol. 77. b. ROwland Corbet late of Stokefaston in the County aforesaid Esquire was Leicest attached to answer to Arthur Corbet Gentleman of a Plea wherefore with force and Arms the Close of the said Arthur at Stokefaston aforesaid he broke and his Grasse there to the value of 10. pound growing with certain Cattel Fedd Trod and Consumed and other harms to him did to the great damage of the said Arthur and against the Peace of the Lady the Queen that now is c. And whereupon the said Arthur by Lawrence Lyter his Attorny complaineth That the said Rowland the 20th day of June in the yeer of the Reign of the Lady the Queen that now is the 40th with Force and Arms c. the Close of him the said Arthur at Strokefaston broke and his Grasse there to the value c. there then growing with certain Cattel that is to say with Horses Cows Hoggs and Sheep fed trod and consumed and other harms c. to the great damage c. and against the Peace c. Whereupon he saith that he
from thence next following fully to be compleated By virtue of which Demise The said Nicholas into the Tenements aforesaid with the Appurtenances entred and was thereof possessed until the aforesaid Henry Shelley now Defendant the aforesaid 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 20th aforesaid with force and Arms c. the Close and House aforesaid brake and entred and the Grasse aforesaid with his Cattel was eaten trodden and consumed in manner and form as the aforesaid Nicholas above against him declared And they pray the Advise of the Lady the Queen here And if upon the whole matter aforesaid found It shall seem to the Court of the Lady the Queen here That the Entry of the aforesaid Henry into the Tenements with the Appurtenances upon the possession of the said Nicholas be a good and a lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Henry is not guilty of the Trespass aforesaid in manner and form as the said Nicholas Wolfe now Plaintiff above in pleading hath alleged And if upon the whole matter aforesaid it shall seem to the Court of the Queen here That the Entry of the aforesaid Henry Shelley now Defendant into the Tenements aforesaid with the Appurtenances upon the possession of the aforesaid Nicholas be not a good and lawful Entry in Law Then the Jurors say upon their Oath That the aforesaid Henry Shelley now Defendant is guilty of the Trespass aforesaid in manner and form as the aforesaid Nicholas Wolfe above against him complaineth And they assesse the damages of the said Nicholas by occasion of that Trespass above his Costs and Charges by him about his Sute in this part expended to 20. shil and for his costs and charges to 40. shil And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid until the Morrow of the Holy Trinity to â—ear their Judgement thereof 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 Queen here of giving their Judgement is not yet avised of and upon the premises Day is given to the parties aforesaid before the Lady the Queen at WESTMINTER until Monday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at VVestminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here is not yet avised of giving their Judgement of and upon the premises Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster until Monday next after 18. dayes of Saint Hillary to hear their Judgement thereof c. 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 Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Wednesday next after 18. dayes of Easter to hear their Judgement thereof c. 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 Queen of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity to hear their Judgement thereof 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 Upon which seen and by the Court of the Lady the Queen here all and singular the premises fully understood mature deliberation thereof being had For that it seemeth to the Court of the said Lady the Queen here upon the whole matter aforesaid in form aforesaid found That the aforesaid Entry of the aforesaid Henry Shelley now Defendant into the Tenements aforesaid with the Appurtenances upon the possession of the said Nicholas is a good and lawful Entry in Law Therefore it is granted That the aforesaid Nicholas Wolfe take nothing by his Bill aforesaid but for his false Clamour be in Mercy And the aforesaid Henry Shelley go thereof without day c. TRESPAS Michaelmasse Term Anno 27. 28. ELIZABETH in the KINGS-BENCH Rot. 58. Co. 1. part Albanyes Case fol. 107. MEmorandum That upon Saturday next after 8. dayes of Saint Michael Middles this Term before the Lady the Queen at Westminster came John Greendon Gentleman by William Goldsmith his Attorny and brought here in the Court of the said Lady the Queen there his Bill against Thomas Albany in the Custody of the Marshal c. of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss Middlesex ss John Greendon Gentleman complaineth of Thomas Albany in the Custody of the Marshal of the Marshalsey before the Queen her self being For that That he the first day of June in the yeer of the Reign of the said Lady the Queen that now is the 27th with force and Arms c. the Close of him the said John at Willesdon broke and entred and his Grass to the value of 10. pound there then growing with certain Cattel that is to say Horses Oxen Cows and Sheep fed trod and consumed and other harms to him did to the great damage of the said John and against the Peace of the Lady the Queen that now is whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof bringeth Sute c. And the aforesaid Thomas Albany cometh by Anthony Felton his Attorny and defendeth the force and injury when And as to the coming with force and arms and whatsoever is against the Peace of the said Lady the Queen that now is saith That he is not thereof guilty and of this puts himself upon the Country And the said John likewise c. And as to the rest of the Trespass supposed to be done The said Thomas saith ought not to have or maintain his Action against him because he saith That the place in which it is supposed the Trespass aforesaid to be done containeth and at the time in which c. did contain in it self 20. Acres of Pasture with the Appurtenaaces in Willesdon aforesaid and as to any Trespass in five
That the aforesaid Entry of the aforesaid John â—rayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid VVilliam Dillon thereof be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid John Frayne is not guilty of the Trespasse within written as the aforesaid John Frayne within hath alleged And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet a vised Day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after 8. dayes of Saint Hillary 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after one Moneth of Easter 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid here in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here of their Judgement 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 Queen here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after three Weeks of Saint Michael 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Hillary 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 Westminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties in state as now before the Lady the Queen at Westminster until Saturday next afer 15. dayes of Easter 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of the Holy Trinity 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Thursday in the Feast of St. Martin to hear their Judgement of and upon the premises because the Court of the Lady the Queen 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 Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Tuesday next after the Morrow of the Purification of the blessed Mary 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Holy Trinity 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 Q. at West come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of upon the premises is not yet avised Day is given to the parties aforesaid in state as now before the Lady the Que. at Westminster until Monday next after 8. dayes of Saint Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the said Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth then next following wheresoever c. At which day the Plea aforesaid was further adjorned by another Writ of the said Lady the Queen of Common Adjornment before the said
Lady the Queen until the Morrow of All Souls then next following At the Castle of Hertford At which day before the Lady the Queen at the Castle of Hertford come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at the Castle of Hertford until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen in 8. dayes of Saint Hillary at Westminster 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 Queen here of giving their Judgement of upon the premises is not yet avised further day is given to the parties in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at VVestminstrr until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Cōmon Adjornment before the Lady the Queen until the day from Saint Michael in one Moneth then next following At the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid by another Writ of the said Lady the Queen of Common Adjornment was adjorned before the said Lady the Queen until the Morrow of All Souls then next following at the aforesaid Town of St. Alban At wch day before the Lady the Q. at the aforesaid Town of St. Alban come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not avised further day is given to the parties aforesaid in state as now before the Lady the Queen at the aforesaid Town of Saint Alban until Wednesday next after 8. dayes of Saint Hillary to hear their Judgement of upon the premises because the Court of the Lady the Queen here therof not yet c. Before which day the Plea aforesaid was adjorned by another Writ of Common Adjornment before the Lady the Queen from the aforesaid Town of Saint Alban until the said 8. dayes of Saint Hillary at Westminster aforesaid At which day before the Lady the Queen at VVestmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until VVednesday next after 15. dayes of Easter 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 VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid in state as now before the Lady the Queen at VVestminster until Fryday next after the Morrow of Holy Trinity 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 come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Que. here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the said Lady the Queen at VVestminster until Tuesday next after 8. dayes of Saint Michael 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof is further given to the parties aforesaid before the Lady the Queen at VVestminster until Thursday next after 8. dayes of Saint Hillary to hear their Judgement thereof c. 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 Attorneys aforesaid Upon which all singular the premises being seen by the Court of the Lady the Queen here well understood and diligently looked into mature deliberation being thereof had because it seemeth to the Court of the Lady the Queen that now is here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid William Dillon thereof is a good and lawfull Entry It is granted That the aforesaid William Dillon take nothing by his Bill aforesaid but for his false clamour be in mercy c. And the aforesaid John Frayne thereof go without day c. TRESPAS Trinity Term Anno 24. ELIZABETH Rot. 928. in the COMMON-PLEAS Co. 2. part Thoroughgoods Case Fol. 5. b. WIlliam Cole late of Great Paringdon in the County aforesaid Gent. Essex was attached to answer to William Thoroughgood of a Plea wherefore with force and arms the Close and House of him the said William Thoroughgood at great Paringdon he brake and his grass there
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
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices
against him complaineth But whether upon the whole matter aforesaid in form aforesaid found The aforesaid Entry of the said Edward into the Tenements aforesaid with the Appurtenances in which c. be a good and lawful Entry in Law or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise and Consideration of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William Rud be not a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Edward Tooker is guilty of the Trespass within written as the said W. Rud above against him complaineth And assess the damages of the said William Rud by that occasion above his costs and charges by him about his Sute in that behalf expended to 6. pence and for his costs and charges of 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements within wrtten with the Appurtenances in which c. in and upon the possession of the aforesaid William be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid Edward is not guilty of the Trespass within written as the said â—dward above against him allegeth And because the Court of the said Lady the Q. here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Thursday next after the Morrow of Saint Michael 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queeen at Westminster until Fryday next after 8. dayes of Saint Hillary 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the said 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 Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity 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 at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Michael to hear their Judgement o and upon the premises because the Court of the Lady the Queen here thereof 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 here of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. days of Easter 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further thereof is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity 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 VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Michael 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 Westminminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Hillary 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 Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. dayes of Easter 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 aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the said Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here therof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Wesminster aforesaid until Monday next after 8. dayes of Saint Michael 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 West aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westmin aforesaid until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Wesminster aforesaid until Wednesday next 18. dayes of Easter 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until the Morrow of Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the partes aforesaid before the Lady the Queen at Westminster aforesaid until Tuesday next after 8. dayes of Saint Michael 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 8. dayes of Saint Hillary 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. dayes of Easter 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until VVednesday next after 8. dayes of Saint Hillary 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 Westminster aforesaid come the parties aforesaid by their Attornies aforesaid Upon which all and singular the premises being seen and by the Court of the Lady the Queen here fully understood and mature deliberation being had thereof Because it seemeth to the said Court of the said Lady the Queen and the Justices here That the aforesaid Entry of the aforesaid Edward into the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William thereof is a good and lawful Entry in Law Therefore it is granted That the
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
the Queen that now is the 29th day at VVestminster in the County of Middlesex before Christopher VVray Knight then Chief Justice of the said Lady the Queen of Pleas before the said Queen holden Assigned by their certain writing Obligatory Sealed with their Seals had granted themselves to be bounden and did acknowledge themselves to owe to the aforesaid Titus by the name of Titus VVestbie Citizen Merchant Taylor of London or to his certain Attorny shewing the said writing his Heirs or Executors in the feast of the Annunciation of the blessed Mary the Virgin then next following and if they should make default in the payment of the debt aforesaid Then the said Thomas Smith Edward VVinter and Anthony Bastard they willed and granted that then there should run upon the said Thomas Edward and Anthony and every of them their Heirs and Executors the penalty in the Statute staple of debts for Merchandizes in the same bought to be recovered ordained and provided and whereas also the said Thomas Edward and Anthony the said 440. pound by them in the form aforesaid acknowledged in the Feast aforesaid to the aforesaid Titus had not payed nor any of them had paid By which afterwards that is to say the Eleventh day of April in the year of the Reign of the said Queen that now is the 30th One Iohn Chomley Esquir the Clark of then said Lady the Queen that now is the Recognisance for debts to be recovered according to the form of the Satute in the like case provided deputed by his writing Sealed with his Seal the Recognisance aforesaid in the Chancery of the said Queen that now is at VVestminster aforesaid then being at the request of the said Titus did Certifie And the said Titus thereupon afterwards that is to say the 31th day of August in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid sued forth out of the said Court of Chancery at VVestminster aforesaid then being a certain Writ of the said Lady the Queen to the then Sheriffs of London directed By which Writ reciting Because the aforesaid Thomas Smith Edward VVinter and Anthony Bastard the 20th day of Ianuary in the year of the Reign of the said-Lady the Queen that now is the 29th before Christopher VVray Knight Chief Justice of the said Lady the Queen of Pleas before the said Queen to be holden assigned did acknowledge themselves to owe to the abovesaid Titus 440. pound which he the same Titus they ought to have paid in the Feast of the Annunciation of the blessed Mary the Virgin then next following and the same day of issuing out of this Writ had not payed nor any of them then had paid as was said The said Lady the Queen by the said Writ the then Sheriffs of London commanded That the bodies of the said Thomas Smith Edward VVinter and Anthony Bastard if they were Lay-men to take and in the prison of the said Lady the Queen that now is untill the said Thomas VVestbie of the debt aforesaid of the debt aforesaid safely to be kept and all the Lands and Chattels of the said Thomas Edward and Anthony in the Bailywick of the said Sheriffs by the Oaths of honest and lawful men of their Bailywick they should diligently extend and apprize and seize into the Lands of the said Lady the Queen that the same to the beforesaid Titus untill to him of his debt aforesaid he should be fully satisfied they should make delivery according to the form of the Statute at VVestminster for the like debts to be recovered thereof made unprovided and how the said Sheriffs aforesaid should execute the same they should make known to the said Lady the Queen in her Chancery in 15. dayes of Saint Martin then next coming wheresoever it should then be by their Letters Sealed and that they should have there the said Writ which said Writ the said Thomas VVestbie afterwards and before the said 15. day of Saint Martin that is to say the 8th day of September in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid at London that is to say in the Parish of Christ-Church in the Ward of Farrington within delivered to the said Themas Skinner and Iohn Catcher then being Sheriffs of London in form of Law to be executed And the said Titus further saith That the said Anthony Bastard at the same time of the delivery of the said Writ to the said Thomas Skinner and Iohn Catcher as before is said made was a Layman and yet is a Layman And that by virtue of rhe said Writ after and before the Retorn thereof that is to say The said 8th day of September in the year of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Thomas Skinner and Iohn Catcher then being Sheriffs of London the aforesaid Anthony Bastard at London in the Parish and Ward aforesaid by virtue of the Writ aforesaid took and arrested and the said Anthony in Execution for the said aforesaid 440. pound then and there had according to the exigencie of the said Writ and the said Anthony under the Custody of the said Thomas Skinner and Iohn Catcher Sheriffs in execution in the form aforesaid being The said Thomas Skinner and John Catcher Sheriffs The said Anthony Bastard afterwards that is to say the 20th day of October in the 30th year aforesaid at London in the Parish and Ward aforesaid from the Custody of the said Thomas Skinner and John Catcher Sheriffs at large where he would go did suffer the said Titus of the aforesaid 440. pound not being satisfied Be which Action acrued to the said Titus to require and have of the said Thomas Skinner and John Catcher the aforesaid 440. pound for his debt aforesaid by the said Anthony in form aforesaid acknowledged yet the said Thomas Skinner and Iohn Gatcher although often requested c. the aforesaid 440. pound to the said Titus have not yet rendred but have hitherto denyed to render the same unto him and do yet deny so to do Whereupon the said Titus saith that he is the worse and hath Damage to the value of 400. pounds and thereof he bringeth his Sute c. And now at this day that is to say Monday next after 8 bh of St. Hillary the self same Term until which day the said Thomas Skinner and Iohn Catcher had license to imparle to the said Bill and then to answer c. before the Lady the Queen at Westminster come as well the said Titus Westbie by his Attorny aforesaid as the said Thomas Skinner and Iohn Catcher by Christopher Rust their Attorny And the said Thomas Skinner and Iohn Catcher defend the force and injury when c. And say That they do not owe to the aforesaid Titus the aforesaid 440. pounds or any penny thereof in manner and form as the said Titus above against them delareth And of this
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
appurtenances in the declaration aforesaid specified upon the possession of the aforesaid Edward Griffin be and in Law ought to be adjudged a lawfull entry in to the said Messuage or not the Jurors aforesaid are altogether ignorant and pray the advise of the Court here c. and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the aforesaid Martin Bowes Knight be a lawfull entry then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is guilty of the trespass and ejectment aforesaid as the said Henry within against him complayneth and assess the damages of the said Henry by the occasion of the trespass and ejectment aforesaid besides charges and costs by him about his sute in this behalf to 12 pence and for his charges and costs to 5 shillings and 4 pence and if to the Court of the said Lady the Queen here it shall seem that the aforesaid entry of the aforesaid Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight be not a lawfull entry Then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is not guilty of the Trespass and Ejectment aforesaid as the said Henry Page within hath alleged And because the Barons here will advise of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here untill 8 dayes of Saint Michael next comming to hear their Judgment because the Barons here thereof not yet c. at which day come the paries aforesaid by their Attorneys aforesaid and because the Barons are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid here until from Ester day in 15. dayes next comming to heare their Judgement because the Barons thereof are not yet c. at which day came the said parties by their Attorneys aforesaid And upon this the premises by the Barons here seen and mature deliberation thereof had betwixt themselves because it seemeth to the said Barons that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight is a Lawfull entry Therefore it is granted that the said Henry Page recover against the said Edward Griffin his possession of his term aforesaid then to come of and in the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified and his damages by the occasion of the trespass and ejectment aforesaid to 54 shillings and 4 pence by the Jurors aforesaid in form aforesaid asseised as also further 8 pound and 10 shillings to the said Henry Page at his request for his charges and costs aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken c. And hereupon by a writ of the said Lady the Queen here issuing forth at at the request of the aforesaid Henry Page it is commanded to the sheriffs of London that to the aforesaid Henry they his full possession of his term yet to come of and in the Messuage aforesaid with the appurtenances in the declaration above specified without delay to him they give and how the said precept is executed that the said sheriff make it appear to the Barons of the Exchequer of the said Lady the Queen here the morrow of the Holy Trinity next to come and also it is commanded to the said Sheriffs that of the goods and chattels of the said Edward Griffin in their Balywick the said 11. pound 4. shillings and 4 pence for the damages aforesaid in form aforesaid recovered they do execution and that the said money when they have so levyed they have before the Barons here at the aforesaid Term to the said Henry Page or to his Attorny in this behalf then here to be paid c. And that afterwards the said Lady the Queen that now is sâ—nt her writ under her great seal ouâ— of her Chancery to the Treasurors and her Barons of the Exchequer â—ere directed which is enrolled in the remembrance of this Exchequer of the 31th year of the Raign of Queen Elizabeth that now is that is to say amongst the Records of Esther Term remaining with the remembrancer of the said Lady the Queen here The tenor of of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faiâ—h c. To the Treasuror and her Barons of the Exchequer greeting because that in the Record and process and also of giving of Judgement of a plea which was in our Court before you the aforesaid Barons in our Exchequer aforesaid by bill between Henry Page our debtor and Edward Griffin of a certain trespass and Ejectment of his Farm to the said Henry by the said Edward done as is said Error manifest hath intervened to the grevious damage of the said Edward as of his complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitors at Westminster in the year of his Reign the 31th holden made amongst other things it was agreed and established That in all cases touching us and other persons where one complaineth of Error done in the Exchequer the Chancellor and Treasurer shall do to come before them in some Chamber neer unto the Exchequor the Record and Process out of the Exchequor and taking to them Justices and other sage persons such as shall seem fit to them to be taken and also calling before them the Barons of the Exchequor aforesaid to hear their informations and causes of their Judgments and hereupon shall dulie examine the business and if any Error shall be found to correct the same and to amend the Rolls and after to send the same into the said Exchequor to make thereof execution as in the statute aforesaid more fully is conteyned we therefore willing Error if any be according to the form of the aforesaid statute to be corrected to the parties aforesaid full speedy Justice in the premises to be done Command you that if Judgement thereupon be given That then the Record process aforesaid with all things touching the same before our Chancellor of England and you the aforesaid Treasurer in the Chamber next unto the Exchequer aforesaid called the Councel Chamber the third day of June next to come you cause to come that the said Chancellor and you the aforesaid Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons farther in this behalf with the Council of the Justices and other sages do that which of right and according to the form of
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
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
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
and committed Malitiously Feloniously Voluntarily and of his fore-thought Malice did stir up abet counsel and procure against the Peace of the said Lord the King that now is his Crown and Dignity c. By Indictments Trinitat 10. of King James Information In the remembrances of the Exchequer of the 34 th yeer of Queen Elizabeth that is to say Amongst the Records of the Term of St. Hillary in the year aforesaid Rot 149. remaining in the Exchequer in the Custody of the Queens Remembrancer there amongst other things it is contained thus Porters Case C. 1. part fol. 16. b. MEmorandum That John Popham Esquire the Queens Attorny General Lond. ss who followeth for the Lady the Queen being present in this Court the 3d. day of February for the Queen gave the Court to understand and be informed That whereas All that the Key and Wharf called the Old Woolkey and all Messuages Buildings Lands Advantages Commodities and Profits to the same any way belonging or appertaining situate and being in the Parish of All Saints Barking in the City of London in the hands and possession of the said Lady the Queen that now is the 26â—h day of Ianuary in the year of her Reign the 34th and long before were and stood and of Right ought to be as in the Right of her Crown of England as in very many Records Rolls and Remembrances of this Exchequer it more fully appeareth of Record Yet one Iohn Porter Fishmonger and Henry Cockain the Lawes of the said Lady the Queen that now is little regarding but indending the dissenherisin of the Lady the Queen in the premises with Force and Armes c. the aforesaid 26th day of January in the 34th yeer aforesaid in and upon the possession of the said Lady the Queen that now is of the Premises Entred Intruded and made Entry And the issues and profits thereof arising took and had to their own uses and dâ— yet take and have the Trespasse aforesaid hitherto and yet continuing in contempt of the said Lady the Queen and contrary to her Lawes Whereupon the aforesaid Attorny General of the said Lady the Quen that now is for the said Lady the Queen prayeth the advise of the Court in the premises And that the aforesaid Iohn Porter and Henry Cockain come here to answer the said Lady the Queen in the premises Upon which c And the aforesaid Sherifs of the said City of London that they attatch the said John and Henry in form aforesaid so as c. in 8. dayes of the Purification of the blessed Mary the Virgin this Term Before which day that is to say the 4th day of February The aforesaid John Porter here in Court found and of the premises by the Barons here be spoken to of the premises is committed to the Prison of the Lady the Queen of the Fleet there to stay until c. And presently the same day brought hither to the bar by the Warden of the Prison aforesaid by favour of the Court was let to bail to Henry Cockain of the Parish of All Saints Barking and Robert Dodd of the Parish of St. Buttolph without Algate London that is to say to every of them Body for Body untill the next day and so from day to day and from Term to Term untill c. By Colour of which Bail the said John Porter from the Prison aforesaid is delivered And thereupon came then here the said Iohn Porter and Henry Cockain that is to say the said Iohn Porter in his proper person and the aforesaid Henry Cockain by Arthur Salway his Attorny specially admitted by the favour of the Court. And pray c. the hearing of the Information aforesaid And it is read unto them Which being read and by them understood The said Iohn Porter and Henry complain them to be by colour of the premises in the Information specified to be grievously troubled and inquieted and that not justly For taking it by Protestation that the Information aforesaid and the matter in the same contaned is not sufficient in Law To which they have not necessity by the Law of the Land to Answer Yet for Plea as to the Force and Armes and what is contrary to the Peace of the said Lady the Queen or in contempt of the said Lady the Queen The said John Porter and Henry say in nothing thereof they are guilty nor any of them is guilty And of this they put themselves upon the Country And the aforesaid Attorny General likewise and as to the Entry Intrusion and ingresse in all that the aforesaid Key and Wharf called the Old Woolkey and the aforesaid Messuages Buildings and other premises with the appurtenances in the Information above specified supposed to be done The said John Porter and Henry say That the said Lady the Queen that now is them the the said Iohn Porter and Henry or any of them thereof ought not to trouble Because they say That long before the aforesaid 26th day of January in the said Information mentioned One the Lady Avice â—nevet Widow late the Wife of Nicholas Gibson of London Grocer was seized of and in all that aforesaid Key and Wharf and other the premises with the appurtenances in the said Information specified in her demesn as of Fee And so being seised The said Lady Avice before the time in which it is supposed the Entry Intrusion and Ingresse to be done that is to say the 13th day of April in the Reign of the Lord Edward late King of England the Sixth at London in the Parish of All Saints Barking aforesaid in the Ward of the Tower of London Demised all that the aforesaid Key and Wharf and other the premises with the appurtenances to one Bartholmew Gibbs To have to him and his Assignes from the Feast of the Birth of our Lord in the yeer of our Lord 1566. from thence next insuing unto the end and Term of 40. yeers from thence next following and fully to be ended By virtuâ— of which Demise the aforesaid Bartholmew after the aforesaid Feast of the Birth of our Lord in the aforesaid yeer of our Lord 1566. and before the aforesaid time in which c. entred and was thereof possessed and so being thereof possessed The said Bartholmew before the time in which c. that is to say the First Day of January in the yeer of our Lord 1552. at London aforesaid in the Parish and Ward aforesaid made his Testament and Last Will in Writing and of the same his Testament and Last Will made and constituted one Alice his then Wife his Executrix And afterwards the said Bartholmew the same Day and Yeer there dyed of all the aforesaid Key and Wharf and other the premises with the appurtenances possessed After whose Death and before the time in which c. the same Alice taking upon her the Charge and Execution of the Testament and Last Will aforesaid in all the aforesaid Key and Wharf and other the premises with
by whom c. and who neither c. And the same day is given here to the same Richard Bushopp here c. At which day cometh the said Richard Bushopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It was commanded to the Sherifs of the aforesaid County of Worcester that he do not omit c. And that he cause to be here from the day of Easter in 15. dayes 12 c. To Recognize in form aforesaid c. And the same day is given thereof here to the aforesaid Richard Bishopp And because the Barons here will further avise with themselves of and upon the Premises whereof the aforesaid Richard Bishopp above puts himself in Judgement of the Court day thereof is further given to the aforesaid Richard Bushopp here until from Easter-day in 15. dayes to hear thereof their Judgement because the said Barons thereof are not yet c. At which day cometh the said Richard Bishopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It is Commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8. dayes of Holy Trinity 12 c. to know in form aforesaid and the same day is given thereof here tothe aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the said Richard Bushop above put himself in the Judgement of the Court farther day is given to the aforesaid Richard Bushop here to hear their Judgement thereof because the same Barons thereof are not yet c. At which day here cometh the aforesaid Richard Bushop by his Attorny aforesaid and as to the aforesaid writ of Venire facias the Sherif did nothing thereof nor sent that writ therefore as to the tryal of the Issue aforesaid as before it was commanded to the Sheriff of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8 dayes of Saint Michael 12 c. to recognize in form aforesaid c. And the same day thereof is given here to the aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the aforesaid Richard Bushopp above put himself in the Judgement of the Courâ— farther day is given to the aforesaid Richard Bushop until the aforesaid 8 dayes â—f Saint Michael to hear thereof their Judgement because the same Barons thereof are not yet c. At which day cometh the said Richard Bushop by his Attorny aforesaid and as to that writ of Venire facias the Sheriff did nothing nor sent that writ Therefore to try the issue aforesaid as at first it was commanded to the aforesaid Sheriff of the County of VVorcester that he do not omit c. and that he cause to come here from the day of Saint Hillary in 14 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp and because the said Richard Bushop above put himself on the Judgemtut of the Court farther day is given to the aforesaid Richard Bushopp here until from the said day of Saint Hillary in 15 dayes to hear their judgement thereof because the Barons here thereof are not as yet c. At which day cometh the said Richard Bushopp by his Attorny aforesaid and the Barons here the premises being seen whereof the aforesaid Richard Bushopp put himself upon in the Judgement of the Court and mature deliberation thereof amongst them being had Because it seemeth to the Barons that the plea aforesaid of the said Richard Bushopp thereof by him in manner and form above pleaded is sufficient in Law to discharge the said Richard Bushop of the Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the said Information specified the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February until the aforesaid day of exhibiting of the said Information that is to say the 27th day of June in the yeer of the Reign of the said Lady the Queen the 37th and of the taking of the Issues and Profits thereof for that time arising It is granted by the Barons that the aforesaid Richard Bushopp as to the aforesaid Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the Information specified the aforesaid 21th day of February in the yeer of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February untill the aforesaid day of the exhibiting of the said Information that is to say the 20th day of June in the yeer of the Reign of the said Lady Queen the 37th and as to the taking of the Issues and Profits thereof for that time arising go thereof at present without day saving alwayes the right of the Queen if at another time c. And as to the tryal of the Issue aforesaid above joyned by the Country to be tryed it is commanded to the Sheriff of the aforesaid County of Worcester as at first that he do not omit c. And that he cause to come here from the day of Easter in 15 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp At which day the said Richard Bushopp come hereas at first the afores Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court at the same day in his proper person and by the Barons being spoken to and asked If he against the said Richard Bushopp for the tryal of the aforesaid Issue above by the Country would farther prosecute said that No upon which the premises being seen by the Barons here and mature deliberation being had amongst them thereof it is granted by the said Barons that the aforesaid Richard Bushopp as to the tryal of the said Issue go without day at present saving alwaies to the Queen her Action If at another time c. And afterwards that is to say the 11th day of April in the yeer of the said Lady Queen that now is the 39th the said Lady the Queen sent here her writ under the great Seal of England to the Tresurer and Barons of this Court of Exchequer directed the Tenor of which followeth in these words ss Elizabeth by the grace of God of England Scotland France and Ireland Queen defender of the Faith c. To the Tresurer and Barons
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
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
body lawfully begotten in form aforesaid expectant And the said Edward of that remainder as of Feetail and Right being seised before the time in which c. at Howcaple aforesaid dyed of such his Estate seised after whose death the remainder thereof descended to one Richard Capel as Son and Heir of the body of the aforesaid Edward lawfully begotten By which the said Richard Capel the Son was seised of the aforesaid remainder of the Manor aforesaid with the appurtenances whereof c. amongst other as of Feetail that is to say to him and the heirs Males of his body lawfully begotten and the said Richard Capel the Son being thereof so seised and the said VVilliam Capel the Son of the said Manor with the appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel the Son before the time in which that is to say the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid By his writing which the said Thomas Gateley with the Seal of the said Richard Capel Sealed here in Court brings whose date is the same day yeer granted to the aforesaid Anthony Capel by the name of Antho. Capel his Son one annuity or yeerly rent of 50. l. to be going out of the Manor aforesaid with the appur thereof whereof c. amongst other To have hold and enjoy the aforesaid annuity or yeerly Rent of 50. pound to the aforesaid Anthony Capel his Heirs and Assignes forever at two Terms of the yeer that is to say at the Feast of Saint Michael the Archangel and the Anuntiation of the blessed Mary the Virgin by equal Portions to be paid and if it should happen the aforesaid annuity or yeerly Rent of 50. pound to be behind not paid in part or in all after any of the Feasts aforesaid in manner and form as before is said it ought to be paid by the space of 20. dayes that then and from thenceforth and in all times as often as it should happen the aforesaid annuity or yeerly Rent so to be unpaid that then it should be lawful to the aforesaid Anthony Capel his Heirs and Assigns and every of them into the Manor aforesaid with the appurtenances whereof c. amongst other and into any part or parcel thereof to enter and distrein and the distresses so there taken and had to drive carry away impound and with him to retein untill the said Anthony Capel or his Assigns as well of the aforesaid annuity or yeerly Rent so being behind be paid as of the arrerages thereof if any were should be satisfied and paid as by the said writingâ— amongst other things more fully appeareth and the aforesaid William Capel the Son of the Manor aforesaid with the appurtenances thereof whereof c. in form aforesaid being seised afterwards and before the time in which c. That is to say the 10th day of November in the yeer of the Reign of the said Lady the Queen that now is the 19th at Howcaple aforesaid dyed without Heir Male of his body issuing and because 25. pound of the aforesaid yeerly Rent of 50. pound after the death of the said William Capel the Son at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 20th by the space of 20. dayes after the Feast to the aforesaid Anthony Capel the aforesaid time in which c. were behind not paid The said Thomas Gately as Bayliff of the said Anthony for the said 25. pound of the aforesaid yeerly Rent in form aforesaid being behind doth well avow the taking of the Cattel aforesaid in the place in which c. and justly c. as in parcel of the Manor aforesaid whereof c. to the distress of the said Anthony aforesaid charged and bound c. with this that the said Thomas Gateley will averr That the aforesaid Richard Capel at the time of the taking aforesaid was and as yet is living and in full life that is to say at Howcaple aforesaid c. And the aforesaid John Hunt saith That the aforesaid Thomas Gateley for the cause before alleged the taking of the Cattel aforesaid in the aforesaid place in which c. as Bayliff of the said Anthony Capel to be just ought not to a vow Because he saith That well and true it is That the aforesaid Thomas Capel Esquire was seised of the aforesaid Manor of Howcaple with the Appurtenances whereof c. in his demesn as of Fee and so thereof seised after the aforesaid 4th day of February in the yeer of the Reign of the said late King Henry the 8th the 27th aforesaid and before the aforesaid time in which c. Of the said Manor with the Appurtenances whereof c. enfeoffed the aforesaid John Warmcombe Richard Walweyn Alevander Wittington Thomas Walweyn Iohn Lloid and Henry Iones To have and to hold the said Manor with the appurtenances amongst other to the said Iohn Warmcombe Richard Walweyn Alexander VVittington Thomas Walweyn Iohn Lloid and Henry and their Heirs and Assigns forever to the use of the aforesaid Thomas Capel and the Heirs Males of the body of the said Thomas lawfully begotten and for default of such issue to the use of the aforesaid Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for such default of such issue To the use of the aforesaid Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such â—â—e To the use of the aforesaid William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the Term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel forever By virtue of which Feoffment and by force of the Statute aforesaid The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof c. amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof in form aforesaid expectant and that the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised before the aforesaid time in which c. dyed of such his Estate thereof seised After whose death the Manor aforesaid with the appurtenances whereof c. amongst other descended to the aforesaid William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten By which the said William Capel the Son afterwards and before the time in which
c. into the Manor aforesaid with the appurtenances wherof c. amongst other entred and was thereof seised in his demesn as of Feetail that is to say to him and his Heirs Males of his body lawfully begotten and that the aforesaid William Capel the Son of the said Manor with the Appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel Son of the aforesaid Edward Capel the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid by the aforesaid his Writing granted to the aforesaid Anthony Capel the aforesaid annuity or yeerly Rent of 50. pound to be going out of the Manor aforesaid with the appurtenances whereof c. as the aforesaid Thomas Gately above alleged But the said John Hunt further saith That the aforesaid William Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised That the Fine was levyed in the Court of the said Lady the Queen that now is here at Westminster aforesaid from the day of Saint Martin in 15. dayes in the yeer of her Reign the 19th before James Dyer Richard Harper Roger Manwood and Robert Mounson then Justices of the said Lady the Queen of the Bench here and afterwards in the 8th day of Saint Hillary in the yeer of the Reign of the said Lady the Queen that now is the 19th aforesaid there granted and Recorded before the same Justices and other the said Lady the Queens faithful people then there present Between Richard Wooton and Richard Shawley Plaintiffs and the aforesaid Will. Capel defendaÌ„t of the Manor aforesaid with the Appurtenances whereof c. amongst other By the names of the Manors of Capel otherwise Hugh Capel Showle and Okeridge with the Appurtenances and 20. Messuages 10. Tofts 20. Cottages 2. Mills 3. Dovehouses 800. Acres of Land 260. Acres of Meadow 1700. Acres of Pasture 200. Acres oâ— Wood 1000 Acres of Furz and Heath and 5. pound Rent with the Appurtenances iâ— Capel otherwise Hugh Capel Showle Okeridge â—â—rkell and â—edbary As also of the Advowson of the Church of Capel otherwise Hugh Capel whereof a Plea of Covenant was summened between them in the said Court That is to say That the aforesaid William acknowleged the aforesaid Manors Tenements and Rents with the Appurtenances and the Advowson of the Church aforesaid to be the Right of the said Richard as these which the said Richard and John had of the gift of the aforesaid William and those remised and quit claimed from him and his Heirs to the aforesaid Richard and John and the Heirs of the aforesaid Richard forever And further the said William granted for him and his Heirs That they warrant to the aforesaid Richard and Iohn and to the Heirs of the said Richard the aforesaid Manors Tenements Rents with the Appurtenances and the Advowson aforesaid against all Men forever And for that Recognition remise quit claim Warranty Fine and Concord The said Richard and Iohn gave to the aforesaid William 700. pound Sterling Which Fine in form aforesaid levied was levied and had to the use of the said Iohn Hunt and his Heirs By virtue of which Fine and by force of the Statute aforesaid the said Iohn was seized of the Manors aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said Iohn so thereof being seized Thomas Spenceley and Baldwin Castleton before the aforesaid time of the taking c. that is to say the 4th day of Iunuary in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid sued forth out of the Court of the Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being A certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against him the said Iohn Hunt of the Manor aforesaid with the Appurtenances whereof c. amongst other by the names of the Manor of Capel otherwise Hugh Capel otherwise How Capel with the Appurtenances and 20. Messuages 10. Toâ—ts one Mill 2. Dovehouses 500. Acres of Land 200. Acres of Meadow 600. Acres of Pasture 100. Acres of Wood 700. Acres of Furz and Heath and 4. pound Rent with the Appurtenances in Capel otherwise Hugh Capel otherwise How Capel Brocherton and Sellershop as also of the Advowson of the Church of Capel otherwise Hugh Capel otherwise How Capel To the then Sheriff of the aforesaid County of Hereford directed By which Writ the said Lady the Queen that now is To the said then Sheriff commanded That the said Sherif should command the said Iohn Hunt that justly and without delay he render to the aforesaid Thomas Spenceley and Baldwin the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid which the said Thomas and Baldwin to be their Right and Inheritance and in which the said Iohn then had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Thomas Spenceley and Baldwin within 30. yeers then last past as they said And if he should not do and the aforesaid Thomas Spencely and Baldwin should secure him the said Sheriff for the prosecuting of their claim Then he summon by good Summoners him the said John Hunt that he should be before the then Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of St. Hillary then next following to shew wherefore he did not do it And that the said then Sheriff should have there the summons and that Writ At which 8. dayes of St. Hillary before the aforesaid Janes Dyer Knight and his Companions then Justices of the said Lady the Queen of the Bench here came aswel the aforesaid Thomas Spenceley and Baldwin as the said John Hunt in their proper persons And James Warnecome Esquire then Sheriff of the aforesaid County of Hereford then and there retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say That the said Thomas Spenceley and Baldwin had found to him the said Sheriff sureties for to prosecute that Writ that is to say John Doo and Richard Roo And that the said John Hunt was summoned by John Den and Richard'â—en and upon that The aforesaid Thomas Spenceley and Baldwin declaring against him the said John Hunt upon the Writ aforesaid demanded against him the said John Hunt the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid as their Right and Inheritance and in which the said John had not then Entry but after the Deseisin which Hugh Hunt thereof unjustly and without Judgment did to the aforesaid Thomas Spenceley and Baldwin within 30. years c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rent aforesaid with the Appurtenances 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 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
Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon he premises day is given to the parties here untill in 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 John Hunt as the said Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgment thereof because the same Justices here are not thereof yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of giving their Judgement of and upon the premises day is given to the parties here until from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their JudgemeÌ„t of upoÌ„ the premises day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here until the Morrow of ALL SOVLS to hear their Judgment thereof because the same Justices here are inot yet c. Before which day the Plea aforesaid was adjourned by the Writ of the said Lady the Queen of Common Adjornment from Westminster aforesaid unto the Castle of the Lady the Queen of Hertford in the County of Hertford untill the aforesaid morrow of All Soules at which day that is to say at the aforesaid Castle of Hertford cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given unto the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Laâ—y the Queen of Common Adjornment from the aforesaid Castle of Hertford unto Westminster aforesaid at the aforesaid 8. dayes of St. Hillary at which day here that is to say at Westminster cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof further day is given here to the parties aforesaid untill from Easterday in 15. dayes to hear their Judgement thereof because the Justices here are not thereof as yet c. At which day cometh as well the aforesaid Iohn Hunt as the said Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill in 8. dayes of St. Michael for to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of anâ— upon the premises day is given to the parties aforesaid here untill in 8. days of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the said John Hunt as the aforesaid Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are thereof not yet c. at which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid 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 untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys 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 until from the day of Easier in t5 dayes to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys 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 untill In the morrow of 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 Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further 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 same Justices here thereof are not yet c. at which day cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. â—illary to hear their Judgement thereof because the same Justices here thereof Lot as yet c. at which day here comteh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from Easter day in 15. dayes to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here come as wel 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 the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here 〈◊〉 not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attornies aforesaid And because the Justices will further avise themselves of 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 Judgment thereof because the same Justices here thereof not yet c. At which day here cometh as well 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 Hillary to hear their Judgement thereof because the same justices here thereof not yet c. At which day here cometh as well 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 that they give their judgement thereof day further is given to the parties aforesaid here until from the day of Easter in 15. dayes to hear their judgement thereof because that the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Humt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices 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 the Morrow of the Holy Trinity to hear their judgement thereof because the same Iustices here not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before that they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their judgement thereof because the same Iustices hear not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will futher 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 hear their judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Cateley 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 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 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 the Morrow of the Holy Trinity to hear their judgement hereof because the same Justices here thereof not yet c. At which day here cometh as well 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 partâ—es aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the said Iohnt Hunt as the aforesaid Thomas Gateley by their Attorneys 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 untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties
aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here of their Iudgement thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because â—he Iustices here will further avise themselves before they give their Iudgement of and upon the premises day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes â—o hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices will further avise themselves of and upon the premises day is given to the partis aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of the premises before they give their Iudgment thereof day is given to the parties aâ—oresaid here untill in 8. dayes of St. Michael to hear their Iudgement thereof because the same Justices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys 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 untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Judgement thereof day is further given to the parties aforesaid untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at whiâ—h day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day furthe is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aâ—oresaid here untill from the day of Easter in 15. dayes to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day further is given to the parties aforesaid here untill the morrow of the Holy Trinity to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties aforesaid here untill the morrow of All Soules to hear their Iudgment thereof because the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment from Westminster in the County of Middlesex unto the Castle of the Lady the Queen of Hertford in the County of Hertford at the same morrow of All-Soules c. At which day here that is to say at the Castle of Hertford cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day is given to the parties aforesaid here in 8. dayes of St. Hillary to hear their Iudgment thereof before the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Queen of Common adjornment from the said Castle of the said Queen of Hertford in the County of Hertford unto Westminster aforesaid in the aforesaid County of Middlesex at the same 8. dayes of St. Hillary c. And now here that is to say at Westminster aforesaid cometh as well the aforesaid John as the aforesaid Thomas Gateley by their Attorneys aforesaid and upon this the premises being seen and by the Iustices here fully understood It seemeth to the same Iustices here That the aforesaid Plea of the aforesaid Iohn Hunt above in Barr of the Conusance aforesaid pleaded is sufficient in Law to him the said Thomas Gateley as Bayliff of the said Anthony justly acknowledging the taking of the Cattel aforesaid in the aforesaid place in which to Barr as the aforesaid Ihhn Hunt above alleged for which the aforesaid Iohn Hunt his damages for the occasion of the taking and unjustly deteining of the Cattel aforesaid against the aforesaid Thomas Gateley ought to recover But because it is not known what damages the aforesaid Iohn Hunt for the occasion of taking and unjustly deteining of the Cattel aforesaid susteined It is CoÌ„manded to the Sheriff that by the Oaths of good and lawful men of his County he diligently enquire what damages the said Iohn Hunt susteined as well by the occasion of the taking unjustly deteining of the Cattel aforesaid as for his Costs and Charges by him about his sute in this behalf expended and the Enquire which c. The Sheriff make to appear here
keep until of the aforesaid Annuity or yeerly Rent of 40. pound with the Arrerages thereof if any were they should be satisfied and paid as by the Record of the said Fine in the Court of the said Lady the Queen of the Bench aforesaid here remaining amongst other things more fully appeareth And the aforesaid VVilliam Cary afterwards that is to say the 4th day of March in the yeer of the Reign of the Lady the Queen that now is the 35th at Stow market aforesaid dyed After whose death By virtue of the Fine a-aforesaid last recited The aforesaid Martha was and yet is seized of the aforesaid Annuity or yeerly Rent of 40. pound in heâ— demesn as of Freehold for the Term of her life if the said Iohn Gardiner and Agnes his Wife or either of them should so long live And because 40. pound of the aforesaid yeerly Rent to the said Martha at and after the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 35th as also the aforesaid time in which c. were behind not payd The said VVilliam Brâ—don and Iohn Bredon as Bayliffs of the said Martha acknowledged the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for the said 40. pound of the Annual Rent aforesaid to the said Martha so being behind as in the Lands to the distresse of the said Martha of the Rent aforesaid in form aforesaid charged and bound c. With this that the said Iohn Bredon and VVilliam will aver That the aforesaid Martha is yet living and is in full life that is to say at Littlewrating in the aforesaid County of Suffolk c. with this also That the said William Bredon and John Bredon will aver That the aforesaid Agnes now Plaintiff and the aforesaid Agnes one of the Deforceants in the aforesaid several Fines named are one and the same person and not others or diverse c. And the aforesaid Agnes as to 20. pound of the yeerly Rent aforesaid at the Feast of the Annuntiation of the blessed Mary the Virgin in the 35th yeer abovesaid payable saith That she cannot deny but that the said 20. pound at the said Feast were behind to the aforesaid Martha not paid as the aforesaid William Bredon and John by their Conusance aforesaid supposed And as to the aforesaid other 20. pound of the aforesaid 40. pound Residue which the aforesaid William and John by this Conusance aforesaid suppose to have been behind not paid to the aforesaid Martha at the aforesaid Feast of Saint Michael in the 35th yeer abovesaid It is said That the aforesaid William Bredon and John Bredon by reason of the aforesaid taking of the Cattel aforesaid in the aforesaid place in which c. For the same 20. pound ought not acknowledge it to be just for it is said That well and true it is That the said John Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said John so thereof being seized The said Fine in the Conusance of the said William Bredon and John Bredon above first mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the Reign of the Lady the Queen that now is the 29th above written before the aforesaid then Justices and other the Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs And the aforesaid VVilliam Cary Esquire and John Gardiner and the said Agnes now Plaintiff then Wife of the aforesaid John Gardiner And the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Appurtenances in the Conusance aforesaid above mentioned and that the said Fine in form aforesaid levied was had and levied to the use of the aforesaid John Gardiner and of her the said Agnes for the Term of their lives and the longer liver oâ— them And after the decease of the aforesaid John and Agnes To the use of the aforesaid VVilliam Cary and the Heirs his body lawfully begotten And for default of such issue To the use of the aforesaid Robert Cary Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Act of transferring uses into possession holden made The aforesaid John and the said Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them the Remainder thereof after the death of them the said John and Agnes to the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever as the aforesaid William Bredon and John Bredon by his Conusance aforesaid above supposeth But the said Agnes further saith That the aforesaid Iohn Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said Iohn and Agnes and the longer liver of them in form aforesaid being seized the Remander thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry â—ary Knight Lord of Hunsdon and his Heirs expectant before the levying of the aforesaid second Fine in the Conusance of the said William Bredon and John Bredon above mentioned Another Fine was levied in the same Court of the said Lady the Queen that now is of the Bench here that is to say at Westminster aforesaid from the day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid Edmond Anderson Francis Windham and William Periam then Justices of the Lady the Queen of the Bench here and other of the Queens faithful people then and there present Between David Bulward and Robert Ham by the names of David Bulward and Robert Ham Plaintiffs And the aforesaid William Cary by the name of William Cary Esquire Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture
Court the very same Term in his proper person And the aforesaid David Howell although he be then sollemnly called doth not come back but in despight of the Court departeth and maketh default wherefore then it was granted in the said Court here That the said Roger should recover his seisin against the aforesaid David Bulward and Robert Ham of the Manor Tenements and Rents aforesaid with the appurtenances and that the said David Bulward Robert Ham should have of the Lands of the aforesaid William Cary to the value c. And that the said David Howell should be thereof in mercy c. Upon which the aforesaid Roger then in the same Court demanded the Writ of the Lady the Queen to have to him full seisia and possession of the Manor Tenements and Rents aforesaid to the Sheriff of the County aforesaid to be directed and to him it was granted retorunable here in the morrow of the Holy Trinity then next following At which day here cometh the aforesaid Roger in his proper person and the then Sheriff of the County of Suffolk The aforesaid Philip Tilney Esquire then sent here That he by virtue of the Writ aforesaid to him directed the 16th day of May then last past gave to the aforesaid Roger seisin of the Manor Tenements and Rents aforesaid with the appurtenances as by the said Writ to him it was Commanded c. Which Fine in the Barr of the aforesaid Agnes above specified in form aforesaid levyed and the Recovery aforesaid in form aforesaid had were levyed and had To the use of the aforesaid Iohn Gardiner and Agnes for the Term of their lives and the longer liver of them and after the decease of them the said Iohn Gardiner and Agnes to the use of the said William Cary and the Heirs of his body lawfully begotten By virtue of which Fine and Recovery in form aforesaid had and by force of the aforesaid Act of transferring of uses in possession The aforesaid Iohn Gardiner and Agnes were seised of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the term of the lives of the said Iohn and Agnes and the longer liver of them the remainder thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his body lawfully begotten expectant and the said Iohn Gardiner and Agnes so thereof being seised the Remainder thereof to the aforesaid William Cary in form aforesaid expectant The aforesaid Fine in the Conusans of the said William Bredon and Iohn Bredon above specified in form aforesaid was levyed in the aforesaid Court of the said Lady the Queen here from the aforesaid day of Easter in 15. dayes in the 32th year aforesaid before the aforesaid then Justices of the Lady the Queen of the Bench aforesaid here Between the aforesaid Io. Higham and Thomas Turner Plaintiffs and the aforesaid VVilliam Cary and Martha and the aforesaid Iohn Gardiner and Agnes deforceants of the Manor aforesaid with the appurtenances whereof c. And the aforesaid Iohn Higham and Thomas by the same Fine granted to the said Martha the aforesaid annuity or yeerly Rent of 40. pound to be issuing of him the aforesaid Manor with the Appurtenances whereof c. And the same to her in the said Court here in form aforesaid Rendred To have and to hold the same Annuity or yeerly Rent of 40. pound to the aforesaid Martha at the aforesaid Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by even portions yeerly to be paid all the life time of the said Martha if the aforesaid John Cardiner and Agnes the first payment thereof to Martha if the aforesaid J. Gardiner Agnes or either of them should so long live the first paymēt therof to begin at the Feast of the Feasts aforesaid next after the decease of the aforesaid VVil. Cary should first happen to be with the aforesaid clause of distress in the Fine mētioned And the aforesaid VVil. Cary afterwards that is to say the 24th day of March in the yeer 35th aforesaid at Stow-market aforesaid dyed After whose death by virtue of the Fine aforesaid The aforesaid Martha was and as yet is seized of the aforesaid Annuity or yeerly Rent of 40 p. in her demesn as of Freehold for Term of her life if the aforesaid Iohn Gardiner and Agnes or either of them shall so long live And this they are ready to aver Wherefore they demand Judgement and Retorn of their Cattel aforesaid together with their damages to be to them adjudged c. And the aforesaid Agnes as at first saith That the aforesaid Iohn Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee and he the said Iohn so thereof being seized the Fine aforesaid in the Conusance of the aforesaid William Bredon and Iohn Bredon first above mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th abovesaid before the aforesaid then Justices and others the said Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs and the aforesaid William Cary Esquire Iohn Gardiner and her the said Agnes now Plaintiff then the Wife of the aforesaid Iohn Gardiner and the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenancs whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the aforesaid Fine in the Conusance aforesaid first mentioned And that the said Fine in form aforesaid levied was had and levied To the use of the aforesaid Iohn Gardiner anc her the said Agnes for the Term of their lives and the longer liver of them and after the decease of the aforesaid Iohn and Agnes To the use of the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten and for default of such issue to the use of Robert Cary Knight and the Heirs of his Body lawfully begotten and for default of such issue to the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Statute of transferring uses into possession holden and made The aforesaid Iohn and Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said Iohn and Agnes and the longer liver of them the Remainder thereof after the death of them the said Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid
Henry Cary Knight Lord of Hunsdon and his Heis for ever And that the aforesaid John Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the said John and Agnes and the longer liver of them in form aforesaid being seized the Remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs oâ— his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Heny Cary Knight Lord of Hunsdon and his Heirs expectant Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon and John Bredon above second mentioned The aforesaid other Fine in the aforesaid Plea of her the said Agnes above specified was levied in the aforesaid Court of the Queen here from the aforesaid day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid then Justices and other the faithful people of the Lady the Queen then there present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid William Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid 20. Messuages One Dove house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One house Which Fine in form aforesaid levied and had was had and levied to the use of the aforesaid David and Robert Ham and to their Heirs for ever to the intent in the Plea of the aforesaid Agnes above mentioned the aforesaid John Gardiner and Agnes of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs expectant the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned in form aforesaid was had And the aforesaid Agnes further in Facto saith That the aforesaid John Gardiner and Agnes from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon and John Bredon second mentioned in form aforesaid was levied Without that that the aforesaid David and Robert Ham the aforesaid day of bringing of the Writ of the Lady the Queen of Entry Sur Disseisin in the Post in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned or ever afterwards were ever Tenants of the Freehold of the Manor Tenements and Rents with the Appurtenances in the Recovery aforesaid above mentioned as the aforesaid William Bredon and John Bredon above have alleged And this she is ready to aver Wherefore she demandeth Judgement and his Damages by occasion of the taking and unjust detaining of the Cattel aforesaid to her to be adjudged And the aforesaid William Bredon and John Bredon say That the aforesaid Plea of the aforesaid Agnes to the Conusance of them the said William and John as to the aforesaid 20. pound residue of the 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable above by Rejoynder pleaded is insufficient in Law to bar her the said Agnes from having her Action aforesaid of the taking of the Cattel aforesaid in the aforesaid place in which against them the said William and John or to bar the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. And that they to that Plea in manner and form aforesaid pleaded need not nor by the Law of the Land are bound to Answer for that that is to say That the aforesaid Induction of the Plea of the said Agnes to the Traverse aforesaid in her Plea aforesaid to the Conusance of them the said William and Iohn above rejoyning pleaded is not sufficient in Law to induce that Traverse And that the Traverse of the aforesaid Tenances of the David and Robert Ham the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post of the aforesaid Manor Tenements Rents with the Appurtenances in the same Plea pleaded is not material in Law And this they are ready to aver wherefore for want of sufficient Plea of the said Agnes in this behalf the said William and John as at first demand Judgement and the retorn of the Cattel aforesaid together with damages c. to be to them adjudged And the aforesaid Agnes for as much as she hath alleged sufficient matter in Law and the aforesaid William Bredon and John Bredon from their Conusance aforesaid as to the aforesaid 20. pound of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable to have to bar and the said Agnes to have her Action aforesaid against the said William and John above hath alleged which she is ready to aver which matter the aforesaid William and John do not deny nor to the same do any wayes Answer but the the same Averment utterly refuse to admit as before demandeth Judgement and her damages by occasion of the taking and unjustly detaining of the Cattel aforesaid to her to be 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 in 8. dayes from Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswelthe aforesaid Agnes as the aforesaid Wil. Bredon J. Bredon by their Atornies 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 in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswel the aforesaid Agnes as the aforesaid Wil. Bredon and John Bredon by their Attornies aforesaid And upon this The premises seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Plea of the aforesaid Agnes to the Conusance of the aforesaid William and John as to the aforesaid 20. pound residue of the aforesaid 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable by Rejoynder pretended is not sufficient in Law for the said Agnes to have her Action aforesaid of the taking of the Cattel aforesaid against the said William and John or to
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
defendeth the force and injury when c. And doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the said place in which it is supposed the taking of the Cattel aforesaid to be done contained in it self One Acre and half of Land with the Appurtenances in Ipping aforesaid And that long before the aforesaid time in which c. One John Bettisworth was seized of and in One Messuage and a Garden 12. Acres of Land and one Acre of Wood with the Appurtenances in Ipping aforesaid whereoâ— the aforesaid place in which c. is and the aforesaid time in which c. from the 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 John long before the aforesaid time in which c. that is to say the 20th day of March in the yeer of the Reign of the Lady the Queen that now is the 11th at Ipping aforesaid by his Indenture made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward by the name of John Hayward of the same Parish and County Husbandman of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the sâ—id Tenements with the Appurtenances to the said John Hayward and his Assignes from the Feast of the Annuntiation of the blessed Mary the Virgin then next following until the end and Term of 21. years from thence next following and fully to be compleat and ended Yielding and paying therefore yeerly during the sayd Term to the aforesaid Iohn Bettisworth and his Assignes 12. pence at the Feast of Saint Michael the Archangel or within 10. dayes next after the said Feast By virtue of which Demise the said John Hayward in the Tenements aforesaid with the Appurtenances entred and was thereof possessed the Reversion thereof to the said John Bettisworth and his Heirs expectant And the said John Hayward so of the Tenements aforesaid with the Apputtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seized in his demesn as of Fee The said Iohn Bettisworth before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th At Ipping aforesaid dyed of such his Estate of the Reversion and Rent aforesaid with the Appurtenances whereof c. seized without issue of his Body begotten After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. descended to the said Thomas Bettisworth as Brother and Heir of the said John Bettisworth By which the said Thmas was seized of the aforesaid Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid in his Demesn as of Fee And because 12. pence of the Rent aforesaid for one whole yeer after the death of the aforesaid John Bettisworth ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 19th to the said Thomas the aforesaid time in which c. was behind and not paid the said Thomas doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with their Appurtenances to the aforesaid John Hayward in form aforesaid demised and justly c. for the said 12. pence of the Rent aforesaid to him the said Thomas so being behinde c. And the aforesaid John Hayward saith That the aforesaid Thomas for the reason before alleged ought not avow the taking of the cattel aforesaid in the place aforesaid in which c. to be just because he saith That well and true it is That the aforesaid John Bettisworth was seized of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee And so thereof being seized demised to the said John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold to the said John Hayward for the aforesaid Term of the aforesaid 21. yeers as the aforesaid Thomas above alleged But the said John Hayward saith That the aforesaid John Bettisworth of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee in form aforesaid being seized before the aforâ—said time in which c. into the Tenements aforesaid with the Appurtenances whereof c. upon the possession of him the said John Hayward thereof entred and him the said John from his possession did expel and amove And immediatly after of the said Tenements with the Appurtenances whereof c. enfeoffed one William Bettisworth To have and to hold the said Tenements with the Appurtenances whereof c. to the said William and his Hers and Assignes for ever By virtue of which Peoffment the aforesaid William was seized of the same Tenements with the Appurtenances whereof c. in his demesn as of Fee upon the which possession of the said William Bettisworth thereof the said John Hayward afterwards and before the aforesaid time in which c. claiming his Term aforesaid of and in the Tenements aforesaid with the Appurtenances whereof c. into the said Tenements with the Appurtenances whereof c re-entred and was thereof possessed and so thereof being possessed The said John Hayward before the aforesaid time in which c. put the Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same then growing Which Cattel were in the said place in which c. eating the grasse in the same then growing until the aforesaid Thomas the Day and Yeer in the Declaration aforesaid above specified At Ipping aforesaid in the aforesaid place called Raynolds took the Cattel of him the said John Hayward and them unjustly deteined against Gages and Pledges until c. as he above against him complaineth Without that that the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as the aforesaid Thomas above hath alleged And this he is ready to aver wherefore in as much as the aforesaid Thomas the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John Hayward demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the said Cattel to be adjudged unto him c. And the aforesaid Thomas as at first saith That the aforesaid J. Bettisworth dyed of the Reversion of the TenemeÌ„ts aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as he above alleged and of this puts himself upon
of the Tenements aforesaid with the Appurtenances whereof to one William Bettisworth his Heirs and Assigns for ever And further the Jurors say upon thier Oath aforesaid that immediatly after the sealing and delivery of the Deed of Feoffment aforesaid possession and seisin upon that Deed of Feoffment was gâ—ven and delivered by the aforesaid Iohn Bettisworth to the aforesaid William Bettisworth in and upon the aforesaid Close called Raynolds in which c. neither the aforesaid John Hayward nor any other at the said time of the delivery of the said possession or seisin of the said Close being By virtue whereof the said William Bettisworth into the Tenements aforesaid with the Appurtenances whereof c. entred and thereof was seized as the Law requireth And the Jurors further say upon their Oath aforesaid That the aforesaid John Hayward at the time of the giving and delivery of the possession and seisin in the Close aforesaid was in the Messuage and the Residue of the Tenements aforesaid by virtue of the Lease aforesaid to him made and that afterwards and before the time in which c. the aforesaid John Hayward into the aforesad Close called Raynolds with the Appurtenances in which c. re-entred claiming the same Close to the Lease aforesaid to him in form aforesaid made And further the Jurors say upon their Oath aforesaid That afterwards before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th the said John Bettisworth at Ipping aforesaid dyed without issue of his Body begotten And that the aforesaid Thomas Bettisworth is his Brother next Heir But whether upon the whole matter aforesaid in form aforesaid found â—he possession and seisin in manner and form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which c. be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid close called Raynolds in which c. the Jurors are utterly ignorant and thereof they pray the advice of the Justices here of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Justices of the Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynoldâ— in which c. with the Appurtenances c. Then the Jurors aforesaid say upon their Oath aforesaid That the said John Bettisworth did not dye seized of the Reversion of all the Tenements within written with their â—ppurtenances c. nor of the Rents within written seized as the said John Hayward within for him allegeth And then they assesse damages of the said John Hayward for the ocasion within writteh above his costs and charges by him the said John Haward about his Sute expended to 4. pence and for his costs and charges to 2. pence But if upon the whole matâ—er aforesaid in form aforesaid found It shall seem to the said Justices of the said Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which be not nor in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynolds in which c. Then the Jurors say upon their Oath aforesaid That the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof and of the Rents aforesaid seized as the said Thomas Bettisworth within for him allegeth And then they assesse damages of the said Thomas Bettisworth for the occasion within written above his costs and charges mentioned about his Sute expended to 4. pence and for his costs and charges to 2. pence And because the justiceâ— 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 hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the Justices here thereof not yet c. At which day here come as well the aforesaid John Hayward as the said Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John John Hayward as the aforesaid Thomas Bettisworth 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 day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said John Hayward as the aforesaid Thomas Bettisworth 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 in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth 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 iâ— given to parties aforesaid here until 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 John Hayward as the aforesaid Thomas Bettisworth 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 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 John as the aforesaid Thomas by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It is granted that the aforesaid John take nothing by
of the aforesaid Arthur in manner and form aforesaid above by Replication pleaded is not sufficient in Law to maintain the said Arthur to have his Action aforesaid against him and that he to that Replication 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 Replication in this behalf The said Rowland demandeth Judgement and that the aforesaid Arthur from having his Action aforesaid against him be barred c. And the aforesaid Arthur in as much as he sufficient matter in Law to have and maintain his Action aforesaid against the said Rowland above by Replication hath alleged which matter the aforesaid Rowland doth not deny nor to the same any wayes answereth but that averment utterly refuseth to admit as at first demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be 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 in 8. dayes of the Purification of the blessed Mary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said Arthur as the aforesaid Rowland 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 here until from the day of Faster 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judement thereof Day is given to the parties here in 8. dayes of Saint Michael to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland 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 here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid and upon this the Plea aforesaid being seen as also the Plea of the aforesaid Arthur above by Replication pleaded and by the Justices here fully understood It seemeth to the same Justices here that that Plea in manner and form aforesaid pleaded is not sufficient in Law to maintain the said Arthur to have and maintain his Action aforesaid against the aforesaid Rowland Therefore it is granted That the aforesaid Arthur take nothing by his Writ aforesaid but be in Mercy for his false clamour and that the aforesaid Rowland thereof go without day c. Afterwards that is to say the 30th day of Aprill in the yeer of the Reign of the said Lady the Queen that now is the 42th The Record and Processe of the Plaint aforesaid with all the same by virtue of a Writ of the said Lady the Queen for Correcting Errors whose date is at Westminster the 12th day of Aprill in the 42th yeer aforesaid to Edmond Anderson Knight directed and the aforesaid Defendant touching before the said Lady the Queen wheresoever c. are sent c. TRESPAS Easter Term Anno 21. ELIZABETH Rot. 58. in the KINGS-BENCH C. 1. part Shelleys Case fol. 88. b. MEmorandum That at another time That is to say in Hillary Term Sussex last past before the Lady the Queen at Westminster came Nicholas Wolfe by Nicholas Mosley his Attorny And brought in the Court of the said Lady the Queen then there his Bill against Henry Shelley Esquire of a Plea of Trespass are Pledges of Sute that is to say John Doo Ric. Roo which Bill followeth in these words that is to say ss Sussex ss Nicholas Wolfe complaineth of Henry Shelley Esquire in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Lady the Queen her self being of that That he the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is of England the 20th with force and Arms c. The Close and House of him the said Nicholas called Barhamwick otherwise Barhamweek at Augmering in the County aforesaid broke and entred and his grass there to the value of 100. Marks there late growing with certain Cattel that is to say Horses Oxen Cows Hoggs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said Nicholas 100. pound and thereof he bringeth Sute c And now at this day that is to say Wednesday next after 18. dayes of Easter this Term until which day the said Henry Shelley had leave to the Bill aforesaid to imparl and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid Nicholas Wolfe by his Attorny aforesaid as the aforesaid Henry Shelley by Richard Best his Attorny and the said Henry doth defend the force and injury when c. And saith He is not thereof guilty And of this puts himself upon the Country And the said Nicholas likewise c. Therefore a Jury thereof is to come before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity And who neither c. To Recognize c. Because as well c. Afterwards the Processe thereof is continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until the day of June next after 3. Weeks of Easter then next following for default of Jurors c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And the Jurors of the Jury aforesaid being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That long before the time of the Trespass supposed to be done The Lord Henry late King of England the 8th Father of the Lady the Queen that now is amongst other things was seized of the Tenements aforesaid with the Appurtenances in the Declaration aforesaid above specified in his Demesn as
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
quit claimed to the aforesaid Miles Hitchcock and Thomas Abany all the aforesaid Condition Proviso Covenant and Agreement before mentioned and all and all manner of such Power Liberty Authority Right Title or Demand which the said Franc. after the death of the said Peter had or could have claim or challenge or demand by force and virtue of the same Condition and Proviso in the aforesaid deeâ— of Feoffment contained So that the said Francis of and from the death of the aforesaid Peter Penruddâ—â—k should not claim challenge demand exercise use or have any power liberty or authority to alter change determine diminish or amplifie any use or uses limitations or declarations in the aforesaid deed of Feoffment contained expressed limited or appointed but that the said FRANCIS from the death of the said Peter of and from all such liberty power and authority as before is said should stand and remain utterly barred excluded and discharged for ever And further the said Francis by that Writing granted to the aforesaid Miles and Thomas and their Heirs that from thenceforth the aforesaid Condition Proviso Covenant and Agreement and the aforesaid Power Liberty and Authority should cease and be utterly void to all Intents Constructions and Purposes And this he is ready to aver Whereupon as at first he demandeth Judgement and that the aforesaid John Grendon from having his action aforesaid against him the said Thomas Albany be barred c. And the aforesaid John Grenden saith That the Plea aforesaid by the aforesaid Thomas Albany in form aforesaid above by Rejoynder pleaded and the matter in the same contained is not sufficient in Law to bar him the said John Grendon from having his Action aforesaid against the said Thomas Albany To which the said John Grendon needeth not nor is bound any wayes by the Law of the Land to Answer Wherefore for want of a sufficient Rejoynder in this Plea The said John Grendou demandeth Judgement and his damages by the occasion aforesaid to be adjudged unto him c. And the aforesaid Thomas Albany saith That the Plea of him the said Thomas in manner and form aforesaid above by Rejoynder pleaded and the matter in the same contained is good and sufficient in Law to bar the said John Grendon from having his Action aforesaid against him the said Thomas Albany which Plea and the matter in the same contained the said Thomas is ready to aver and prove as the Court c. And because the said John Grendon to that Plea doth not answer nor doth the same any wayes deny The said Thomas Albany as at first prayeth Judgement and that the said John Grendon from having his Action aforesaid against the said Thomas Albany be barred c. And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid here before the Lady the Queen at VVestmin until Thursday next after the Morrow of the Purification of the Blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here is not yet c. TRESPAS Hillary Term Anno 31o. ELIZABETH Rot. 65. in the KINGS-BENCH C. 1. part Chudleighs Case fol. 113. b. MEmorandum That at another time That is to say Hillary Term Devon last past before the Lady the Queen at Westminster came William Dillon Esquire by Edward Hall his Attorny And brought here in the Court of the said Lady the Queen then there his Bill against John Frayne in the Custody of the Marshal of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss William Dillon Esquire complaineth of John Frayne in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that That he the 6th day of November in the yeer of the Reign of the said Lady the Queen that now is the 29th with force and Arms c The Close of him the said William called Sedan Close at Tawestock in the County as aforesaid brake and entred and his grass â—â—ere to the value of 5. pound then and there growing with his Cattel that is to say with Horses Oxen Cows Hoggs and Sheep fed trod and consumed continuing the Trespass aforesaid as to the treading and consuming the grasse from the aforesaid 6. day of November the yeer 29th aforesaid until the bringing of this Bill that is to say the 8th day of February in the yeer of the Reign of the Lady the Queen that now is the 30th divers dayes continuing and diverse other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said VVilliam 40. Marks And thereof he bringeth Sute c. And now at this day that is to say Thursday next after 8. dayes of Saint Hillary this Term until which day the said John Frayne had license to imparl to the said Bill and then to answer c. before the Lady the Queen at Westminster cometh as well the said William Dillon by his Attorny aforesaid as the aforesaid John Frayne by John Halstaf his Attorny and the said John Frayne defendeth the force and injury when c. And saith that he is not thereof guilty and of this puts himself upon the Country and the said VVilliam Dillon likewise c. Therefore a Jury was to come before the Lady the Queen at VVestminster upon Tuesday next after 8. dayes of the Purification of the blessed Mary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the processe thereof was continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 7th day of July at the Castle of Exeter in the County aforesaid by the form of the Statute c. câ—me for default of Jurors c. At which Thursday next after 8. dayes of Saint Michael befoâ—â— the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief Justices of the Lady the Queen of the Bench and Thomas Gent one of the Barons of the Exchechequer of the Lady the Queen Justices of the said Lady the Queen to Assizes in the County of Devonshire assigned by the form of the Statute c. came as well the within named VVilliam Dillon by Morrice Evans his Attorny as the aforesaid John Frayne by Thomas Felton his Attorny
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
their Attorney come c. And upon this for certain causes to the Justices here specialty moving day is given before the same Justices to the aforesaid Edward George Richard John Will Robert and Robert to plead here untill Tuesday next following c. The same day is given to the aforesaid Thomas and Elizabeth here c. At which day come as well the aforesaid Thomas and Elizabeth as the aforesaid Edward George Richard John VVilliam Robert and Robert by their Attorneys aforesaid And upon this and certain causes to the Justices here sperially moving The Assise aforesaid is farther adjorned before the same Justices unto the Justices Inne in Chancery Lane London untill the morrow of Saint Martin next comming at which day at the aforesaid Inne of the Justices before the aforesaid Justices come as well the aforesaid Thomas and Elizabeth as the aforesaid Edward George Richard John VVilliam Robert and Robert by their Attorneys aforesaid and upon this the aforesaid George Richard John VVilliam Robert and Robert say that they have nothing in the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified nor had at the day of the Original Writ of Assise aforesaid brought nor ever after nor any injury nor disseisin to the aforesaid Thomas and Elizabeth thereof did and of this they put themselves upon the Assise and the aforesaid Thomas and Elizabeth likewise c. Therefore let the Assise be taken between them c. And the aforesaid Edward defend and Tenement of the Freehold of the Tenements aforesaid with the appurtenances in view of the Recognitors of the Assise aforesaid put and in the plaint abovesaid specified he saith That the Assise thereof between him the said Edward and the aforesaid Thomas and Elizabeth ought not to be because he saith That one Peter Vavasor Esquire was seised of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified amongst other things in his demesn as of Fee and he hereof so being seised One Andrew VVindsor Esquire VVilliam Vavasor Peter Vavasor the younger and John Laundree Gent. at another time That is to say The second day of January in the year of the Reign of the said Lady the Queen that now is the 15th out of the Court of Chancery of the said Lady the Queen the said Court of Chancery then being at VVestminster in the County of Middlesex sued forth a certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against the aforesaid Peter Vavasor Esquire of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified with the appurtenances amongst other the same Peter Vavasor Esq then being Tenant of the Freehold of the Tenements aforesaid with the appurtenances to the then Sheriffe of the County of York directed and so plead a Common Recovery which Recovery in form aforesaid had was had and was to the use of the aforesaid Peter Vavasor for the Term of his nataral life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the said Peter Vavasor Esq and the Heirs Males of the body of the same Eldest Son lawfully begotten And for default of such issue male of the body of the same Eldest Son then to the use of the second Son of the body of the aforesaid Peter Vavasor Esquire lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so unto the 9th Son and for default of such issue male of the body of the said 9th Son Then to the use of the said Edward Vavasor now deceased Brother of the said Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast after his decease then to the use of the Eldest Son lawâ—ully begotten for default of such issue male of the body of such eldest son then to the use of the second Son of the body of the said Edward lawfully begotten the heirs males of the body of the aforesaid second Son lawfully begotten And so to the 9th Son of the said Edward and for want of such issue male of the body of the said 9th Son Then to the use of George Vavasor another Brother of the aforesaid Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the body of the said George and the Heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of such Eldest Son then to the use of the second Son of the body of the aforesaid George lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the said George and for default of such issue male of the body of the said 9th Son Then to the use of one Ra. Vavasor another Brother of the said Peter Vavasor for the Term of his natural life without impeachment of any wast and aâ—ter his decease Then to the use of the Eldest Son lawfully begotten of the body of the said Ralph and the heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of the said Eldest Son Then to the use of the second Son of the body of the aforesaid Ralph lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the aforesaid Ralph and for default of such issue male of the body of the said 9th Son Then to the use of one Marmaduke Vavasor another of the Brothers of the aforesaid Peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Eldest Son lawfully begotten of the body of the aforesaid Marmaduke and the heirs males of the body of such Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son Then to the use of the second Son of the body of the aforesaid Marmaduke lawfully begotten and the heirs males of the body of the same second Son lawfully begotten And so to the 9th Son of the said Marmaduke And for default of such issue male of the body of the same 9th Son Then to the use of one Robert Vavasor another Brother of the aforesaid Peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the body of the said Robert Vavasor and the heirs males of the body of the same Eldest Son lawfully begotten and for default of
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
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
themselves of and upon the premises before that they give their Iudgement thereof Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their Iudgement because the same Iustices here thereof are not yet c. Actions of Debt Trinity Anno. 70. of King JAMES Vineors Case Rot. 2629 C. 8. part fo 80. a WIlliam Wilde late of Themilthorp in the County aforesaid Yeoman Norff. otherwise called William Wilde of Themilthorp in the County aforesaid Yeoman was summoned to answer to Robert Vineor of a plea that he renders unto him 20 pounds which to him he oweth and unjustly detayneth c. And whereupon the said Robert by Thomas Vynior his Attourney saith that whereas the said William the 15th day of July in the year of the reign of the Lord the King that now is of England France and Ireland the 6th at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was therof required yet the said William although often required the aforesaid 20 pound to the said Robert not yet hath rendred but the same to him hitherto hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the valew of 10 pound and thereof hebringeth sute and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie whose date is the day and year aforesaid c. And the aforesaid William by John Bussel his Atturney commeth and defends the force and injury when c and prayeth the hearing of the writing aforesaid and it is read unto him he also prayeth the hearing of the Condition of the said writings and it is read unto him in these words The Condition of this Obligation is such that if the above bounden William Wilde do and shall from time to time and at all times hereafter stand to abide observe perform fullfill and keep the Rule Order Judgment Arbitrament Sentence and final Determination of William Rugge Esquire Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said William Wilde as of the part and behalf of the abovenamed Rober Vynior to Rule order adjudge arbitrate and finally determine all matters sutes Controversies debates griefes and contentions heretofore moved and stirred or now depending between the said parties touching or concerning the sum of 22 pence heretofore taxed upon the said William Wilde for diverse kind of Parish business within the said Parish of Themilthorp so as the said A ward be made and set down in writing under the hand and seal of the said William Rugge at or before the Feast of St. Michael the Archangel next insuing after the date of these presents that then this present obligation to be void and of none effect or else the same to stand abide and remain in full power strength and virtue Which being read and heard the said William Wilde saith that the aforesaid Robert his action aforesad against him ought not to have because he saith that the Arbitrator aforesaid after the making of the writings and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition this c. he is ready to aver whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have And the aforesaid Robert saith That he by any thing before alleged from having his action aforesaid ought not to be barred because he saith that the said William Wilde after the making of the writing aforesaid and before the aforesaid Feast of Saint Michael the Archangel then next following that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England c. the 6th aforesaid at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and yeare reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing Obligatorie in the sum of 20 pound which condition in the said writing for the performance and fulfilling of the Arbitrament Rule Order Judgement Sentence and final determination of William Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared or might appear then the said William intending the revocation thereof by the said writing of Revocation revoked and did call back all the authority whatsoever which the said William Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator and then altogether dissallowed and held void all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament Rule Order Iudgement Arbitrament Sentence and Determination of all matters sutes controversies debates griefs and contentions then before moved and stirred or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wilde according to the aforesaid writing Obligatory as it was in the same mentioned and declared as by the said writing of Revocation more fully appeareth and this he is ready to aver whereupon in as much as the aforesaid William Wilde after the making of the writings aforesaid before c. the said Feast of Saint Michael the Archangel then next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid of all authority of arbitrating of and upon the premises in the condition aforesaid above specified contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him c. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing and not other nor diverse And the said William Wilde saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have and maintain and that he to that plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bounden to answer and this he is ready to aver whereupon and for want of
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
c. seised and so thereof being seised after and before the within written time in which c. that is to say the 7 th day of April in the Reign of said Lady the Queen that now is the 41 th aforesaid the aforesaid Iohn Stroud and Ann his wife and the said Richard Bingham upon the Tenements within written By their writing sealed with their seals bearing date the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th aforesaid to the Jurors aforesaid in evidence shewed at Melcum aforesaid demised the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. to the within named William Albert To have and to hold to him and his assignes from the Feast of the Anunciation of the blessed Mary the Virgin then last past before the date of the said writing for the Term of 7 years from thence next and immediately insuing fully to be complete and ended yielding therefore yearly during the term aforesaid 140 pound per. An. at the Feast of Saint Michael the Archangel and the Annunciation of the blessed Mary the Virgin by equal portions to be paid By virtue of which demise the aforesaid William Albert the aforesaid 7 th day of April in the year 41 aforesaid into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred and was thereof possessed as the Law requireth and so being thereof possessed after and before the within written time in which c. that is to say the aforesaid 7 th day of April in the year 41 aforesaid the said William Albert upon the Tenements within written entred and demised the Tenements within written with the appurtenances in which c. to the aforesaid George Stroud as in the declaration within written above is specified By virtue of which the aforesaid George Stroud the aforesaid 7 th day of April in the 41 th year aforesaid into the Tenements within written in the Declaration within written mentioned in which c. entred and was thereof possessed as the Law requireth until the said Ralph Horsey Richard Veal and Edward Goor the within written 11 day of April in the 41 year aforesaid upon the possession of the said George Stroud his term aforesaid not yet ended did eject expel and amove But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found the entrie of the said George into the Tenements within written with the appurtenances be lawful or not the said Jurors altogether do not know and pray thereof the advice of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are guilty of the Trespasse and Ejectment within written as the aforesaid George Stroud within against them complaineth And then they assesse the damages of the said George by occasion of the Trespasse and Ejectment within written above his charges and costs by him about his Sute in this behalf expended to 2. shillings and for his costs and charges to 20. shillings And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be not lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are not guilty of the Trespasse and Ejectment within written as the said Ralph Horsey Richard Veal and Edward Goor thereof within alleged And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises are not yet avised Day thereof is given to the parties aforesaid before the Lady the Q. at Westminster Untill Fryday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said 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 Queen of giving her Judgement of and upon the premises are not avised Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster Untill Thursday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the said 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 Queen of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 8. dayes of St. Hillary to here their Jugement thereof because the Court of the said Lady the Queen 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 said Lady the Q. here of their Judgement to be given of upon the premises is not yet avised Day thereof is given to the parties aforesaid untill Wednesday next after the 18 th day of Easter to hear their judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster untill Friday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof are not yet c. At which day come the parties aforesaid before the Lady the Queen at Westminster by their Attornies aforesaid Upon which seen And by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation being thereof had It is granted That the said George Stroud shall recover against the said Ralph Horsey Richard Veal and Edward Goor his Term aforesaid of and in the Tenements aforesaid in the Declaration aforesaid specified yet to come and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed As also 12. pound for his charges and costs aforesaid to the said George Sroud by the Court of the said Lay the Queen here with his assent of encrease adjudged which damages in the whole do amount to 13. pound and two shillings And the said Ralph Horsey Richard Veal
shillings 8 pence due unto the said Thomas Amerie upon one obligation of certein years yet during and upon farther Condition that the said Thomas Amerie shall bring in the said Obligation to my Executors to be cancelled and utterly discharged upon this consideration before such time as the said Thomas Amerie shall make any entry upon the premises and that the said Thomas Amerie neither his assignes shall not during the said 8 years fell any of the Woods Timber nor Undrwoods in nor uppon the said upper part but shall preserve the Woods hawts and Springs to the behoof of the Heir in remainder and after the Term of the said 8 years the said upper part to remayn to my Executors until such time as Hugh Boraston shall accomplish his age of 21 years and the mean profits to be imployed by my Executors towards the performance of this my last will and Testament and when the said Hugh commeth unto twenty and one yeares of age then I will that he shall enjoy the said upper part to him and his heirs for ever Provided alwaies that if the said Thomas Amerie do refuse to bring in his Obligation or to preserve the Woods upon the said upper part then my Executors to enjoy the premises during the said Term of 8 years paying the said Amerie his 46 shillings 8 pence during the said Term of 8 years as by the Tenement and last will aforesaid amongst other things it appeareth And farther the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Boraston so of the aforesaid 10 Acres of Land with the appurtenances being seised afterward that is to say the 14 th day of the aforesaid Moneth of August in the year of the Reign of the said Lady the Queen that now is the first at Aldenham aforesaid of such his estate dyed seised and farther the Jurors aforesaid say upon their Oath that the aforesaid Hugh Boraston in the said Testament and last will named was Son and heir of the said Henry Boraston and that the said Hugh Boraston dyed before that he came to the age of 21 years that is to say about the age of 9 years And farther the Jurors aforesaid say upon their Oath aforesaid that the Interest of the premises aforesaid in the said Testament and last will mentioned and devised aswell to the said Thomas Amry and Amphillis his wife as to the Executors of the said Testament before the day of the bringing of the Bill within written ended and determined And further the Jurors aforesaid say upon their Oath That Philip Boraston was and is Brother and next heir of the said Hugh Boraston by colour whereof the said Philip Boraston after the aforesaid Interest of the premises to the said Thomas Amerie and Amphillis his wife and the exetors aforesaid by the aforesaid Testament and last will given and devised was ended and determined unto the aforesaid 10 Acres of Lands with the appurtenannces as brother and next heir of the said Hugh entred and was thereof sâ—ised as the Law requireth and so therof seised the said Philip boraston afterwards and before the time of the exhibitage of the Bill aforesaid that is to say the 20 day of June in the year of the Reign of the Lady the Queen that now is the 28 demised granted and to Farm let to the aforesaid William Ambry now defendant the Tenements aforesaid with the appurtenances in which c. To have and to hold to the said William Ambry and his assignes for a whole year from thence next following to be fully compleat and ended and so from year to year as long as both parties should please By virtue of which â—â—â—ise The aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid Thomas brand and Constance his wife William Davis and Margaret his wife as in the right of the said Constance and Margaret afterwards that is to say the 9 day of July in the year of the Reign of the Lady the Queen that now is the 20 aforesaid into the aforesaid 10 Acres of land with the appurtenances in upon the possession of the said William Ambry entred and were thereof seised as the Law requireth and so thereof being seised at Aldenham aforesaid the said Thomas Brand and Constance his wife William Davis and Margaret his wife afterwards that is to say the said 9th day of July in the year 28 aforesaid by their Indenture bearing date the same day and year demised granted and to Farm let the aforesaid 10 Acres of Land with the appurtenances to the aforesaid Richard Hynde to have and to hold the aforesaid 10 Acres of Land with the appurtenances unto the said Richard Hynde and his assigns from the Feast of Saint John the Baptist then last past until the end term of 7 years from thence next ensuing fully to be complete ended By virtue of which demise the said Richard Hynde into the aforesaid 10. Acres of Lands with the appurtenances the aforesaid 9th day of July in the year of the Reign of the said Lady the Queen that now is the 28th aforesaid entred and was thereof possessed until the aforesaid William Ambry afterwards that is to say the aforesaid 9 th day of July in the 28 year aforesaid with force and Armes c. into the aforesaid 10 Acres of Land with the Appurtenances upon the possession of the said Richard Hynde thereof by the precept and command of the aforesaid Philip Boraston re-entred and him the said Richard Hynde from his possession thereof held out and yet hold out But whether upon the whole matter aforesaid in form aforesaid found the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances be or in Law ought to be adjudged a good or lawfull re-entry the Jurors aforesaid are utterly ignorant and thereof pray the advice of the Court of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court of the said Lady the Queen that the Re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances upon the possession of the said Richard Hynde be not nor in Law ought to be adjudged a good and Lawfull Re-entry Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid William Ambry is guilty of the Trespass and Ejectment within specified in manner and form as the aforesaid Richard Hynde within against him complaineth and then they Assesse the damages of the said Richard Hynde by occasion of the Trespass and Ejectment out of his Farm besides his charges and costs by him about his sute in his behalf expended to 8. shillings and for his Charges and Costs to 30. shillings and 4 pence but if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court of the Lady
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
Prior and Covent of Cheitwood 40 shillings to the Prior and Covent of Snelsale 20 shillings to every order of the 4 orders of Fryars Mendicants in the Town of Northampton 20 shilling to every order of â—he 4 orders of Fryars Medicants in the Town of Oxford 20 shillings to the Covent and Fryars Minors of Aplebury 20 shillings to every order of the 5 orders of Fryars in the City of London 20 shillings Also I bequeath to the Brother of Iohn Vpton 100 shillings that he for my Soul celebrate for one whole year next after my death and I will that all the religious men aforesaid by my Executors or their Deputies be charged that they especially pray for my soul Item I give and bequeath to Iohn Barton the younger my Brother all my Tenements together with all the Tenements which late were Roger Plirets which I purchased with the Rents and Services together with the Reversion and all their appurtenances in the Town of Buckingham in the County of Buckingham to have and to hold all the Tenements aforesaid with their appurtenances to the aforesaid Iohn my Brother for the Term of his life upon the Conditions following that is to say that the said Iohn my Brother during his life find one fit Chaplein and honest to celebrate for my Soul and the Souls of my Father Mother Brothers Sisters Benefactors and my friends and of all the faithfull deceased at the Altar of Saint James in the aforesaid Church of the blessed Peter dayly and I will and ordain that the aforesaid Chaplein all Festival dayes be present at Matines and Vespers in the quire of the Church aforesaid and I will that the said Chaplein every day within the Church aforesaid the Mattines of Saint Mary and after the Matines of the day with certain howers Canonical and these to be ended every day the said Chaplein before he goeth to Mass read a part of the Psalter of David so alwayes that from the said Chaplein every week be said one whole Psalter of David and afterwards dayly when he is not troubled with sickness that he go to Mass which Mass ended before he go from the Altar he read the Psalm de profundis with the prayer festina and dayly after dinner as it shall seem best to him that the said Chaplein say in the said Church of the blessed Peter a Placebo and Dirige with 9 Readings time of Easter excepted which time of Easter he say Officium mortuorum with 3 Readings according to the use of Salisbury and following every day of the same time of Easter the Psalter of the blessed Mary the Virgin and that afterwards follow the commendations of Souls with the prayer Tibi Domine commendamus after that he say vesperas de die and afore the vespers of Saint Mary and that the said Chaplein if not hindred with sickness every day that he shall in the default of saying Mass in the said Church of Saint Peter that he give to one of the poor of the Town of Buckingham aforesaid 1. penny I will also that the said Chaplein make his aboad alwayes there yet that the said Chaplein every year have recreation by the space of 15 dayes so alwayes as the said Chaplein supply his turns by another Chaplein or every day of the said 15 dayes do give to one of the poor of Town of Buckingham a penny And I will that the aforesaid John my Brother yearly during his life pay to the said Chaplein in the aforesaid Church of Saint Peter for his mayntenance and his pains as before is said done and to be done 10 Marks of Lawfull mony of England out of the issues and profits of the Tenements aforesaid so alwaies that the said Chaplein of the said sum of 10 Marks for his sallery or stipend reputed himself contented from no other any stipend to be received or taken And I the said John Barton the Elder will and ordain in the Testament aforesaid that the said Chaplein and his successors to the office and service aforesaid be chosen ordained preferred admitted and received by the Master and Brethren of the house or Church of Saint Thomas the Martyr of Canterbury called of Acon London aforesaid and his successors for ever and if they do not behave themselves well and honestly or if they shall neglect or refuse to do or perform the charges aforesaid by the said Masters and Brethren and their successors or by their sufficient deputies from the said office or service they be removed and expelled and another fit Chaplein in the place of the said Chaplein for his faults removed expelled or by death failing or otherwise howsoever from the said office or service ceasing or departing by the aforesaid Masters and Brethren of the house or Church of Saint Thomas aforesaid and his successors be chosen ordained preferred admitted and received so as the Lord Bishop of Lincoln who for time shall be or the Arch-Deacon of the place or the Prebendary of the Prebend of Buckingham or other in their name upon the Election Ordination Preferring Admission and remotion or amoving of the said Chaplein no jurisdiction or power have or claym hereafter in any manner therefore let the said Master and Brethren and their successors take care upon the peril of their souls and as they will answer the same before the most high Judge that neither for Favour Love Prayer or Price they ordain any Chaplein into the aforesaid office or service admit or receive but an honest and an approved person as much as his conversation can appear to them and that the aforesaid Chaplein to the said office and service to be admitted in his first admission the aforesaid Master and Brethren of the house and Church of Saint Thomas aforesaid and their successors take his corporal Oath upon the holy Gospel all and singular the charges aforesaid without fraud or deceit or any dispensation upon them to the contrary notwithstanding in the manner and form aforesaid above declared will and faithfully to be done and performed as much as humane frailty will admit and that every Chaplein to the said office or service to be admitted in his first admission finde and make to the Masters and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury said of Acon London aforesaid for the time being sufficient security for the Ornaments of the said Altâ—r of Saint James belonging safely and securely to keep and in their resigning and ceasing to render back and deliver And moreover that the said John my Brother during his life finde in the Town aforesaid 6 poor men or women to pray for my soul and the souls aforesaid every day forever and that he give every week during hâ—s life to every one of the same poor 4 pence and also to every one of â—hem their dwelling as by the will of God for them I have appointed and ordained and also that the said John my Brother all his life finde one
Lamp burning every day and night before Saint Romwald in the Church of the blessed Peter aforesaid as now is found and maintained and that my said Brother during his life hold or cause to be held my Anniversary and of my Father and Mother yearly in the day of the Translation of Saint Benedict in the Church of the blessed Peter aforesaid in which Anniversary the said John my Brother yearly two wax lights at the Dirige and the day following at the Mass one at the head and the other at the feet of my Sepulcher burning every wax light to contein 3 pounds which Funerals of me being completed I will that all that which shall be remaining of the said wax lights be sent and remain to the Altar of Saint James aforesaid upon the Candlestick there being to the Chaplain of my Chancery aforesaid to serve every festival day at Mass as long as it may last and that the aforesaid John my Brother during his life finde yearly one competent torch to serve at the Altar aforesaid And I will that all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances after the decease of the said John my Brother whole remain to Margaret and Isabel my Sisters for the term of their lives and the life of the longer liver of them To be holden of the Chief Lords of the Fee by the Services thereof due and of right accustomed upon condition that the said Margaret and Isabel during their lives do perform and observe all and singular the charges before limited in form aforesaid and after the death of the said Margaret and Isabel I will all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances wholy to remayn wholy to William Fowler To be holden to him and his heirs of his body Lawfully to be begotten of the chief Lords of the Fee by the services thereof due and of right accustomed upon condition that he the said William and his heirs do perform and keep all and singular the charges above written in the form aforesaid for ever And if it shall happen the said William Fowler to dy without heir of his body Lawfully begotten that from thence all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances whole remain to John Somerton my Cousen and the heirs of his body Lawfuly begotten to be holden of the chief Lords of the Fee by the services thereof due and of right accustomed upon condition that he the said John Somerton and his heirs all and singular the charges above written in form aforesaid fulfill and keep for ever and if it shall happen him the said John Somerton to dy without heir of his body issuing That from thence all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances whole remain to William Purfrey my Cousen and the heirs of his body Lawfully begotten to be holden of the Lords of the Fee by the services thereof due and of right accustomed upon condition that the same William Purfrey and his heirs aforesaid do perform and observe all and singular the charges above written in form aforesaid for ever And if it shall happen the said William Purfrey to dy without heir of his body issuing from hence I do give and bequeath that all the aforesaid Rents and Services with the reversions and all their appurtenances whole remain to the Master of the house of Saint Thomas the martyr of Acon London aforesaid to have and to hold to him and his successors Masters of the same house of Saint Thomas to the end and Term of 40 years from thence next following and fully to be ended and after the said Term to be ended that all the Tenements aforesaid Rents and Services with the reversions and all their appurtenances remayn to the Master of the Hospital of Saint Bartholomew in West Smithfield London aforesaid to have and to hold to the same Master and his successors Masters of the said Hospital of Saint Bartholomews to the term and end of 40 years from thence next ensuing and fully to be compleated to every of them upon the condition following that is to say that every of the said Masters and their successors during their Terms do and perform all and singular the charges above limited in form aforesaid And if it shall happen the said John my Brother during his life in fullfilling the charges aforesaid to make default or not to perform the same or all the aforesaid Tenements during his life not sufficiently to repair sustain or the same or any parcel thereof to alien or to let the same at a lower rate in prejudice to the other persons in remainder aforesaid named that then it shall be Lawfull to the said Margaret and Isabel into the aforesaid Tenements Rents and Services with the reversions and all their appurtenances to enter and the same to hold as in their remainder aforesaid without the contradiction of any one And that from thence the estate of the said John my Brother shall altogether cease and be of no value and if it shall happen the said Margaret and Isabel during their lives in doing and performing of all the charges aforesaid to make default or the same not to fulfil or all the Tenements aforesaid during their lives not sufficiently to sustain and repair or them to al en or demise as before is said or be negligent to enter if cause as aforesaid shall happen that then it shall be Lawfull to the aforesaid William Fowler and his heirs aforesaid into all the abovesaid Tenements 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 then the estate of the said Margaret and Isabel as aforesaid altogether to cease and be of no value And if the aforesaid William Fowler or his heirs aforesaid in doing and performing to make default or not to fulfil or all the aforesaid Tenements not sufficiently to be sustained or repaired or to be aliend or demised as before is said or be negligent to enter if cause as before is said shall happen that from thence it be well Lawfull to the abovesaid John Somerton and his heirs abovesaid into all and singular the aforesaid Tenements 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 aforesaid William Fowler and his heirs aforesaid as is aforesaid shall cease and be of no value And if it happen the aforesaid John Somerton or his heirs aforesaid in doing and performing all and singular the charges aforesaid to make default or the same not to fulfill or all the aforesaid Tenements not sufficiently to uphold and repair or to alien or demise the same as above is said or that they be negligent to enter if cause
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
examined strictly by the said Supervisors according to the form devised by the said Elects and also by the said Supervisors approved as by the said Act amongst other things more fully appeareth And the said Henry George Thomas Moundford John Argent John Taylor and William further say That afterwards and before the time in which c. By another Act of Parliament of the Lady Mary the Queen of England the 24th day of October in the year of the Reign the first at Westminster aforesaid That whereas in the Parliament holden at London the 5th day of April in the yeer of the Reign of the Lord Henry late King of England the 8th the 14th and from thence adjourned unto VVestminster the last day of June in the yeer of his Reign the 15th and there holden It was Enacted That a certain grant by Letters Patents of Incorporation made and granted by the aforesaid late King to the Physicians of London and all clauses and Articles contained in the said grant should be approved granted ratified and confirmed by the said Parliament In consideration whereof It was Enacted by the Authority of the same Parliament That the aforesaid Statute and Act of Parliament in all the Articles and clauses in the same contained from thenceforth for ever should stand and continue in full strength force and effect any Statute Law Custom or any thing made had or used to the Contrary in any thing notwithstanding And for the better Reformation of divers enormities happening to the Commonwealth by the evill usage and undue administration of Physick and for the amplifying and inlarging of the last Articles for the better execution of the things in the aforesaid grants conteined it was further Enacted That whensoever the President of the College or Comminalty of the faculty of Physick in London for the time being or such as the aforesaid President and College yearly according to the Tenor and meaning of the same Act should authorize to search examine and correct and punish all offenders and transgressors in the aforesaid faculty within the same City and precinct in the aforesaid Act expressed should send or commit such offender or offenders for his or their offences or disobedience contrary to any Article or Clause conteined in the aforesaid grant or Act to any Ward Gaol or Prison within the aforesaid City and precinct aforesaid the Tower of London excepted that then and from time to time the Warders Gaolers and Keepers of the Wards Gaols and Prisons within the City or precinct aforesaid the Tower of London excepted should receive into his or their Prisons all and every such person or persons so offending which should be sent or committed to him or them as aforesaid and there safely should keep the person or persons so committed into any of their Prisons at the proper costs and charges of the person or persons so committed without Bail or main prise until such offender offenders or disobedients be discharged of the aforesaid imprisonment by the aforesaid President and such persons as by the aforesaid College should be authorized upon pain that every such Warder Gaoler or Keeper doint the contrary should lose and forfeit double of such fine and amercement as such offender or offenders or disobedients should be assessed to pay by such as the said President and College as should be authorized as before is said so as the said Fine and Amercement should not be at any time above the sum of 20 pound the moiety whereof to be imployed to the use of the said late Queen her Heirs and Successors and the other moiety to the aforesaid President and College all which forfeiture should be recovered by Action of debt Bill Plaint or Information in any of the said late Queens her heirs or successors Courts of Record against any such Warden Gaoler or Keeper so offending in which no Essoin wager of Law nor Protection should be allowed nor be admitted for the defendant And further it was Enacted by the authority of the said Parliament That all Justices Mayors Sheriffs Bayliffs Constables and other Ministers and Officers within the City and precinct aforesaid upon request to them made should help aid and assist the President of the aforesaid College and all persons by them from time to time authorized for the due execution of the said Act or Statute upon pain for not giving of help to them of being in cōtempt of the said late Queen her Heirs and Successors as by the same Act amongst other things more fully appeareth And the said Henry George Thomas Moundford John Argent John Taylor and William further say That by virtue of the said Letters Patents and by force of the Statutes aforesaid One Thomas Langhton Doctor of Physick a man diligent and skilful in the faculty of Physick and then one of the Comminalty of the College of Physitions in London aforesaid before the time in which c. that is to say the 30 th day of September in the year 1605. at the College of Physicians situate in London in the Parish of Saint Bennet-Pauls-Wharf in the Ward of Baynards Castle was duly chosen President of the College aforesaid and then and there held the said Office of President of the College aforesaid And the said Thomas Langton being President of the College aforesaid The same President and Cōminalty of the College aforesaid the same 30th day of September in the yeer 1606 abovesaid at the College aforesaid chose Ralph Wilkinson William Du◠Richard Palmer and John Argent diligent men and skilful in the faculty of Physick and then being 4. Doctors of the College aforesaid to be the 4. Censors or Governours of the Comminalty aforesaid to oversee teach correct and govern all and singular Physicians of the said City using the faculty of Physick in the said City and other forein Physicians whomsoever frequenting to and using the said faculty of Physick any wayes within the said City the Suburbs thereof or within 7. Miles in circuit of the same City and to punish their defects in not well exercising doing and using the same As also to oversee and search all manner of Medicines and their Receipts by the said Physicians or any of them for curing of infirmities as often as need should be And to punish the said Physicians Delinquents exercising the said faculty of Physick by Fines Amercements and Imprisonment of their Bodies and other wayes reasonable and fitting according to the form and effect of the said Letters Patents and the Statutes aforesaid And the said Thomas Langton being President of the College aforesaid and the aforesaid Ralph Wilkinson William Dun Richard Palmer and John Argent being likewise the 4. Censors or Governours of the College aforesaid The aforesaid Thomas Bonham within the aforesaid time in which c. That is to say the 10th day of Aprill in the yeer of our Lord 1606. within London aforesaid in the aforesaid Parish of the blessed Lady of Bow in the Ward of Cheap aforesaid
and in the 22d year of the Reign of our Sovereign Lord King Henry the 8th as by the said Will more fully appeareth And afterwards the said Nicholas Gibson at London in the Parish of St. Dunstan in the East aforesaid the 6th Day of October in the yeer of the Reign of the said Henry late King of England the 8th the 32th aforesaid dyed of such his estate so seized of the Wharf and Tenements aforesaid with appurtenances without issue of his â—ody begotten After the death of which Nicholas The aforesaid Avice in the aforesaid Parish of St. Dunstan took upon her the charge of Execution of the Testament aforesaid And before the aforesaid time of Intrusion aforesaid supposed that is to say the 13th Day of April in the yeer of the Reign of the Lord Edward late King of England the 6th the third At London in the Parish of All Saints Barking aforesaid demised the Wharf and Tenements aforesaid with the appurtenances to one Bartholmew Gibbs To have and to hold to him and his Assignes from the Feast of the Birth of our Lord which then should be in the yeer of our Lord 1566. until the full end of 40. yeers from thence next following and fully ended By virtue of which demise The same Bartholmew was of the Interest of the Term aforesaid possessed and so thereof being possessed The said Bartholmew before the time in which c. that is to say the first Day of January in the yeer of our Lord 1522. at London in the Parish of All Saints aforesaid made his Testament and last Will in Writing and constituted and ordained one Alice then his Wife his Executrix of his said last Will and Testament And afterwards the said Bartholmew then and there dyed of such his estate possessed of the Wharf and Tenements aforesaid with the appurtenances After whose death and before the time in which c. the said Alice took upon her tharge of the Execution of the Testament aforesaid in the aforesaid Parish of All Saints and was of the Interest of the Term aforesaid of 40. yeers possessed as Executrix of the Testament of the said â—artholmew and so thereof being possessed The said Alice Before the time in which c. at London in the Parish of All Saints aforesaid took to Husband one Thomas Wilcox By which The said Thomas and Alice before the time in which c. were of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed and the said Thomas and Alice so thereof being possessed before the time in which c. that is say the 16th Day of December in the yeer of the Reign of the Lady Mary late Queen of England the second At London in Parish of All Saints Barking aforesaid granted all their Estate Interest and Term of years which they then had of and in the Wharf and Tenements aforesaid with the appurtenances to one Iohn Haynes By virtue of which Grant The said Iohn Haynes was of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed And so thereof being possessed The same Iohn Haynes before the time in which c. that is to say the 21. Day of September in the yeer of our Lord 1559. at London in the Parish of All Saints Barking aforesaid made his Testament and last Will in Writing made ordained one Joyce his then Wife his Executrix of hiâ— said last Will and by the same his Will willed and bequeathed all his Estate Interest and Term of yeers which he then had of and in the Wharf and Tenements aforesaid with the appurtenances to the said Joyce And afterwards the said Iohn Haynes at London in the Parish of All Saints Barking aforesaid of such his Estate of and in the Wharf and Tenements aforesaid with the appurtenances dyed possessed After whose Death the said Joyce took upon her the charge of the Execution of the Testament aforesaid and was of the Interest of the aforesaid Term of 40. yeers of and in the Wharf and Tenements aforesaid with the appurtenances possessed And so thereof being possessed the said Joyce before the time in which c. At London in the Parish of All Saints aforesaid took to Husband the aforesaid Iohn Porter By which the said Iohn Porter and Joyce were of the Interest of the aforesaid Term of 40. years of and in the Wharf and Tenements aforesaid with the appurtenances possessed And the Jurors aforesaid further say upon their Oath That one Iohn Gibson is Cosen and Heir of the said Nicholas Gibson that is to say Son and Heir of Hugh Gibson deceased Brother and Heir of the said Nicholas Gibson And that the said Iohn Gibson before the time in which c. that is to say the 24th Day of January in the yeer of the Reign of the Lady the Queen that now is the 34th into the Wharf and Tenements aforesaid with the appurtenances by force of the Testament and last Will of the said Nicholas Gibson by colour of Forfeiture and by reason of the Condition in the said last Will before specified by the aforesaid Avice in her life forfeited and broken entred and was thereof seized in his Demesn as of Fee And so thereof being seized The said John Gibson before the time in which c. that is to say the 25th Day of Janbary in the yeer of the Reign of the said Lady the Queen that now is the 34th By his Writing indented bearing Date the same Day and yeer in the Court of the said Lady the Queen of her Chancery at Westminster being in due manner inrolled and to the Jurors in Evidence shewed Bargained Granted and Sold the Wharf and Tenements aforesaid with the appurtenances to the said Lady the Queen that now is To have and to hold to the said Lady the Queen that now is her Heirs and Successors for ever By Colour of which Grant Bargain Sale and Inrollement The said Lady the Queen that now is was of the Wharf and Tenements aforesaid with the appurtenances seized in her Demesn as of Fee in the Right of the Crown of England and the said Queen that now is so thereof being seized The aforesaid John Porter claiming the Wharf and Tenements aforesaid in his own Right and the aforesaid Henry as Servant of the said John Porter and by his Commandment the aforesaid time in which c. into the Wharf and Tenements aforesaid with the appurtenances upon the possession of the said Lady the Queen that now is thereof entred and made ingresse But whether upon the whole matter aforesaid by them the Jurors in form aforesaid found the aforesaid entry of the aforesaid John Porter and Henry into the Wharf and Tenements aforesaid with the appurtenances be an Intrusion upon the possession of the said Lady the Queen of the Wharf and Tenements aforesaid or not The said Jurors thereof pray the
Westminster aforesaid dyed of such his Estate thereof seised After whose death The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. descended to the Lord Edward late King of England the 6th as Son and Heir of the aforesaid late King Henry the 8 th By which The said late King Edward the 6 th was seised of the Reversion of the said Manor with the Appurtenances as of Fee and right and so thereof being seised The said late King Edward the 6 th afterwards and before the time in which c. at Westminster afores dyed of such his estate therof seised with out issue of his body issuing After whose death the Reversion of the aforesaid Manor of Abbottesly with the appurtenances descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th By which the said late Queen Mary was seised of the said Reversion as of Fee and right and so thereof being seised the said late Queen Mary afterwards and before the time in which c. at Westminster aforesaid dyed of such her Estate thereof seised without issue of her body issuing After whose death the said Reversion did descend to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary By which the said Queen that now is was seised of the said Reversion as of Fee and right and the said Lady the Queen that now is so thereof being seised and the aforesaid Walter Walsh the Son of the aforesaid Manor of Abbottesley whereof c. in his demesn as of Fee tail in form aforesaid being seised The said Walter afterwards and before the time in which c. at Abbottesley aforesaid dyed of such his Estate thereof seised After whose death The said Manor with the Appurtenances whereof c. did descend to one William Walsh his Son as Son and Heir of the body of the aforesaid Walter VValsh the Son issuing By which the said William afterwards and before the time in which into the said Manor with the Appurtenances whereof 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 so thereof being seised The said William afterwards that is to say the third day of July in the year of the Reign of the said Lady the Queen that now is the 30 th at Abbottesley aforesaid by his Indenture of Bargain and Sale between Robert then Earl of Leicester By the name of the Right Honourable Robert Earl of Leicester Baron of Denbigh of the both most Noble Orders of the Garter and Saint Michael Knight Lord High Steward of her Majesties Houshold Lord Chief Justice of Oyer and Terminer of all the Forests of her Majestie and Chaces by South Trent and one of her Majesties most Honourable Privy Councel of the one Part And the afores Willi. Walsh by the name of Will. Wash of Witley in the County of Worcester Esq of the other party made afterwards the 8 th day of the said Month of July according to the form of the Statute in that Case made and provided in the Court of the said Lady the Queen that now is at Westminster aforesaid in the said County of Middlesex then being in due manner of Record Inrolled One part of which Sealed with the Seal of the said William Walsh the said Richard Bushopp here in Court sheweth forth whose Date is the same third day of July in the 30th year aforesaid For and in consideration of a certain sum of Money to the said VVilliam by the aforesaid Earl of Leicester then and there before had paid bargained and sold to the said Earl of Leicester The Wood aforesaid with the Appurtenances in which c. To have and to hold to the said Earl of Leicester his Heirs and Assigns for ever By colour of which aforesaid Bargain and Sale and Inrolment thereof The said Earl of Leicester into the Wood aforesaid with the Appurtenances entred and was thereof seised in his demesn as of Fee and so thereof being seised The said Earl of Leicester afterwards that is to say the 5 th day of Septemb. in the year of the said Lady the Queen that now is the 30th aforesaid at Abbottesley aforesaid dyed of such his Estate thereof seised without issue of his body issuing After whose death the Wood aforesaid with the appurtenances descended to Ambrose then Earl of Warwick as Brother and Heir of the aforesaid late Earl of Warwick By which The said Ambrose Earl of Warwick into the Wood aforesaid with the appurtenances entred and was thereof seised in his demesn as of Fee and so thereoâ— being seised The said Ambrose Earl of Warwick afterwards that is to say the 24th day of January in the year of the Reign of the â—â—d Lady the Queen that now is the 32th at Abbottesley aforesaid By his Indenture between him the said Ambrose Earl of Warwick by the name of the Right Honourable Ambrose Earl of Warwick of the most Noble Order of the Garter Knight of the one part and Edward then Earl of Bedford and William Russel Knight Charles Morrison Knight Ambrose Copinger Esquire by the names of the Right Honourable Edward Earl of Bedford William Russell Knight Charles Morri on Knight Ambrose Copinger Esq one part of wch sealed with the Seal of the said Aâ—brose Earl of Warwick the said Richard Eushop here in Court brings whoâ—e date is the same day and year For and in consideration of the natural entire and cordial love and affection which the aforesaid Ambrose Earl of Warwick then had and bore to his most dear and beloved then wife the said Ann Countess of â—arwick in the Information aforesaid above named Daughter of the Right Honourable Francis Earl of Bedford deceased Grandfather of the said Edward then Earl of Bedford and Father of the said William Russel as for and in consideration of a Mariage before that time had between the aforesaid Ambrose then Earl of Warwick and the aforesaid Lady Ann now Countess of Warwick then his wiâ—e and for and in consideration of the encrease of the Joynture of the said Ann before that time made in the respect of the aforesaid Mariage in consideration also of the better advancing of the said Ann after the death of the said Ambrose then Earl of Warwick if shee the said her beloved husband should survive to support and sustein her Honourable Estate and to pay such debts which the said Earl owed at the time of his death and also such Legacies as the said Earl by his last Will in writing should bequeath The said Earl Covenanted and agreed for him his Heirs Executors and Administrators to and with the aforesaid Edward Earl of Bedford William Russell Charles Morrison and Ambrose Copinger their Heirs and Assignes and every of them That immediatly from and after the Sealing and delivery of the
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
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
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
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
Rent of 1. pound of Wax and 4. Capons with the appurtenances in Stow-market Newton Gipping and One House as also of the view of Frank Pledge and whatsoever to view of Frank Pledge doth appertain in Stow-market Newton Gipping and One House whereof a Plea of Covenant was summoned between them in the said Court that is to say That the aforesaid William John Agnes George and Elizabeth acknowledge the aforesaid Manor Tenements Rents and view of Frank Pledge with their appurtenances to be the right of him said Edmond as those which the said Edmond and Robert had of the gift of the aforesaid William John Agnes George and Elizabeth and them released and quit claim from them the said William Iohn Agnes George and Elizabeth and their Heirs to the aforesaid Edmond and Robert and to the Heirs of the said Robert for ever And besides the said William granted for him and his Heirs That they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the aforesaid Manor Tenements Rents and view of Frank Pledge against him the said William and his Heirs forever And further the said John and Agnes granted for them and the Heirs of him the said Iohn that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the Manor Tenements Rents and view of Frank Pledge with the appurtenances against him the said John Agnes and the Heirs of the said John for ever And moreover the said George and Elizabeth granted for them and the Heirs of him the said George that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond The Mannor Tenements Rents and view of Frank Pledge with the appurtenances against them the same George and Elizabeth and the Heirs of the said George forever Which Fine of the Manor Tenements Rents and view of Frank Pledge aforesaid with the appurtenances in form aforesaid levied was had and levied To the use of them the said John Gardiner and Agnes then his Wiâ—e for the Term of their lives and of the longest liver of them without impeachment of waste in any the Woods and Underwoods And aâ—ter the decease of the same John Gardiner and Agnes To the use of the aforesaid William Cary the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid â—ob Cary then Esq and now Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine And by â—orce of a certain Act of 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 transâ—erring of uses into possession The said John Gardiner and Agnes were seized of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them without impeachment of waste the aforesaid remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs of his Body lawâ—ully begotten the Remainder thereof for default of such issue To the aforesaid Robert Cary and the Heirs of his Body lawfully begotten And for default of such issue the Remainder thereof to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever And the aforesaid John Gardiner and Agnes his Wife so thereof being seized Another Fine was levied in the said Court of the said Lady the Queen that now is of the Bench here At Westminster aforesaid from the day of Easter 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 32th before Edmond Anderson Francis Windham William Periam and Thom. Walmâ—sley then Justices of the said Lady the Queen of the Bench here and other the said Lady the Queens faithful people then there present Between John Higham Knight and Thomas Turner Esquire By the names of John Higham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid William Cary and the aforesaid Martha then his Wife and the aforesaid John Gardiner and the aforesaid Agnes then his Wife Deforceants of the aforesaid Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances whereof c. By the name of the Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court that is to say That the aforesaid William Cary and Martha John Gardiner and Agnes acknowledged the aforesaid Manor with the appurtenances whereof c. To be the Right of the said John Higham as that which the said John Higham and Thomas and of the gift of the aforesaid William Cary and Martha Iohn Gardiner and Agnes and the same released and quit claimed for them the said William Cary and Martha Iohn Gardner and Agnes and their Heirs to the aforesaid John Higham and Thomas and the Heirs of the said John Higham for ever And further the said William Cary and Martha and Iohn Gardner and Agnes granted for them and the Heirs of the said William Cary that they would warrant to the aforesaid John Higham and Thomas and to the Heirs of the said Iohn Higham the aforesaid Manor with the appurtenances against all Men for ever And for the same Acknowledgement Release Quit claim Fine and Concord The said Iohn Higham and Thomas granted to the aforesaid Martha a certain Annuity or yeerly Rent of 40. pound of lawful Mony of England to be issuing out of the aforesaid Manor with the appurtenances and that to her rendred in the same Court of the said Lady the Queen To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound to the said Martha at the Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid Iohn Gardner and Agnes or any of them so long should live the first payment thereof to begin at that Feast of the Feasts aforesaid which next after the decease of the aforesaid William Cary should happen And if it should happen the aforesaid Annuity or yeerly Rent of 40. pound to be behind in part or in all after any of the Feasts of the Feasts aforesaid in which as before it ought to be paid and not paid That then it should be lawful to the said Martha all her life if the said Iohn Gardiner and Agnes or either of them should so long live into the aforesaid Manor with the appurtenances to enter and distrein and the distresses so there taken and had lawfully to lead away carry and drive and with them to
30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and of the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House by the name of the Mannor of Collumbine-hall otherwise Thorney Collumbers with the Appurtenances and 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court That is to say That the aforesaid William acknowledge the aforesaid Manor Tenements Rents and premises with the Appurtenances to be the Right of the said David as those which the said David and Robert had of the gift of the aforesaid VVilliam and those released and quit claimed from him and his Heirs to the said David and his Heirs for ever And besides the said VVilliam granted for him and his Heirs That they warrant to the said David and Robert and to the Heirs of the said Dazid the aforesaid Manor Tenements Rents with the Appurtenances against the aforesaid VVilliam and his Heirs for ever as by the Record of the same Fine in the Court of the said Lady the Queen of the Bench here remaing more fully appeareth Which Fine in form aforesaid levied and had was levied and had to the use of the aforesaid David and Robert and their Heirs to the intent and until a perfect Recovery by Writ of the Lady the Queen of Entry for Deseisin of the Post of the Manor and Tenements aforesaid with the Appurtenances were sued against the said David and Robert by one Robert Peirson Gentleman according to the course of Common Recoveries used to be had And the aforesaid Iohn Gardiner and Agnes his Wife of the Manor aforesaid with the Appurtenances whereof for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs in form aforesaid expectant The said Fine in the Conusance of the said William Bredon and John Bredon above second mentioned in form aforesaid was levied in the aforesaid Court of the Lady the Queen here from the day of Easter in 15. day in the yeer 32th abovesaid before the aforesaid then Justices of the said Lady the Queen of the Bench Between the aforesaid John Hâ—gham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid â—illiam Cary and the aforesaid Martha then his Wife Deforceant of the Manor aforesaid with the Appurtenance whereof c. And the aforesaid John Higham and Thomas by the same Fine granted unto the said Martha the aforesaid Annuitity or yeerly Rent of 40. p. to be issuing out of the Manor aforesaid with the Appurtenances and those to her in form aforesaid rendred To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound at the aforesaid Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid John and Agnes or any of them should so long live the first paymeÌ„t therof â—o begin at thaâ— Feast of the Feasts aforesaid which next after the decase of the said VVilliam Cary should happen to be with the aforesaid clause of distresse in the said Fine mentioned As the aforesaid William Bâ—edon and John Bredon by their Conusance aforesaid above suppose By virtue of the levying of which Fine last mentioned so had and levied The aforesaid John Gardiner and Agnes Forfeited their Estate aforesaid for the Term of their lives the life of the longer liver of them in the aforesaid Manor with the Appurtenances whereof c. And afterwards that is to say the aforesaid 24th day of March in in the 35th yeer abovesaid the aforesaid William Cary at Stow-market aforesaid dyed without issue of his Body lawfully begotten After whose death and before the Feast of Saint Michael the Archangel in the yeer of 35th abovesaid The aforesaid Robert Cary Knight by reason of the aforesaid Forfeiture of the Estates of the aforesaid John Gardiner and Agnes and and in the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in Feetail that is to say to him the Heirs of his Body lawfully begotten And so thereof being seized The said Robert afterwards and before the aforesaid time of the taking aforesaid made that is to say the 17th day of March in the yeer of the Reign of the Lady the Queen that now is the 37th abovesaid At Stowmarket aforesaid gave licence to the said Agnes to put her Cattel into the aforesaid place in which c. to eat the grasse in the same then growing By virtue of which licence the said Agnes after and before the aforesaid time in which c. put her Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same Which Cattel were in the aforesaid place in which c. Until the aforesaid VVilliam Bredon and John Bredon the day and yeer above in the Declaration aforesaid above specified At Stow market aforesaid in the aforesaid place in which called the â—arkwood took the aforesaid Cattel of the said Agnes and them unjustly detained against Gages Pledges until c. as she above against them complaineth And this she is ready to aver wherofore in as much as the said William Bredon and John Bredon the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said Agnes demands Judgement and her damages for the occasion of taking and unjustly deteining of her Cattel aforesaid to be adjudged unto her And the aforesaid VVilliam Bredon and John Bredon as to the aforesaid Plea of the Agnes to the Conusance of the said William and John for the aforesaid 20. pound Residue made in Bar pleaded say That well and true it is that the aforesaid Fine in the Bar of the aforesaid Agnes second specified in the aforesaid Court of the Lady the Queen of the Bench aforesaid here in the aforesaid 15. day of Paster in the yeer of the Reign of the Lady the Queen that now is the 3â—th abovesaid before the said Edmond Anderson Francis VVindham and VVilliam Periam then Justices of the said Lady the Queen of the Bench aforesaid here and other of the said Lady the Queens then Faithful People then here present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid VVilliam Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the said Fine in the Bar of the aforesaid Agnes second specified and mentioned in form aforesaid was
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
the Country and the said Iohn Hayward likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Easter in 5. weeks 12. c. by whom c. And who neither c. To Recognize c. Because as wel c. At which day here came the Parties c. And the Sheriff sent not the Writ Therefore as before It is cmmanded to the Sheriff that he cause to come here 12. c. in the Morrow of the Holy Trinity To recognize c. At which day here cometh the parties And the Sheriff sent not the Writ Therefore it is commanded the Sheriff as at first That he cause to be here the morrow of Saint Martin 12. c. to Recognize in the form aforesaid At which dayes come the Parties and the Sheriff sent not the Writ Therefore as at first it is commanded the Sheriff that he cause to come here 12. c. 8. dayes of St. Hillary c. To Recognise c. in the form aforesaid c. At which day the Parties come c. and the Sheriff sent not the Writ c. Therefore as at first it is commanâ—ed to the Sheriff that he cause to come here from Faster day 15. dayes 12. c. to Recognize in form aforesaid c. at which day here come the Parties c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded the Sheriff that he cause to come here in the morrow of the holy Trinity 12. c. to Recognize in form aforesaid c. At wch day the parties come here c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded to the Sheriff that he cause to come here in the morrow of Saint Martin 12. c. to Recognize in form aforesaid c. At which day the Parties come here c. and the Sheriff sent not the Writ Therefore it is commanded the Sheriff that he cause to come in 8. days of Saint Hillary 12. c. to Recognize in form aforesaid At which day the Parties come and the Sheriff sent not the Writ And so several Venire Facias were award to the Sheriff from Term to Term to return Jurors at a day every of the said Term as at first and the parties come at the said dayes and the Sheriff sent not the Writ as in the Rolls upon Record appeareth And Process was continued between the Parties aforesaid of the Plea aforesaid by Jurors put in respite untill this day that is to say in days of St. Michael in the year of the Reign of the Lady the Queen that now is the 31. Unless the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. upon Wednesday the 27th of Iune at East Greinstead in the County aforesaid first should come And now at this day as wel the aforesaid John Heyward as the aforesaid Thomas Bettisworth come by their Attorneys aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record in these words Afterwards the day and place within contained before Robert Clarke one of the Barons of the Lady the Queen of her Exchequer and Iohn Puckering one of the Serjeants at Law of the Queen Justices of the said Lady the Queen to take Assizes in the County of Sussex Assigned by the form of the Statute c. come as well the within named Iohn Hayward by William Siday his Attorney as the within written Thomas Bettisworth by John Lyons his Attorney And the Jurors of the Jury whereof within mention is made being called some of them that is to say Edward Pickham William Ayles Thomas â—etley William â—revet Edmond Gray Iohn Lock Iohn Capron and John Andrew appeared and was sworn Jurors in the said Jury And because the rest of that Jury did not appear others of the standers by chosen by the Sheriff at the request of the aforesaid Thomas Bettisworth And by the command of the Justices aforesaid were new put to them whose nâ—mes to the Pannel within written are filled according to the form of the Statute in such case of late made and provided The names of which Jurors so put to that is to say John Pitte Thomas Bayley William Leefe and Thomas Aglewyn come and to say the truth of the matter within contained together with the Juros first impannelled and sworn chosen tryed and sworn say upon their Oath That one John Bettisworth was seized in his Demesn as of Fee of and in the within written Messuage and Garden witht the Appurtenances in Iping within written whereof the within written place in which c. and at the within written time in which as also time whereof the memory of man is not to the contrary was parcel And further the Jurors say upon their Oaths aforesaid that the aforesaid place in which c. doth contain and the aforesaid time in which c. did contain in it â—elf one Acre and half an Acre of Land and called by the name of Rainolds and is and the aforesaid time in which c. as also time whereof the memory of men is not to the contrary was a several Close by it self separately inclosed and further the Iurors say upon their Oath That the aforesaid John Bettisworth so thereof as before is said being seized Afterwards that is to say the 20th day of March in the year of the Reign of the Lady the Queen that now is the 11th at Iping afoâ—esaid By his Indenture within written made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the said Tenements with the Appurtenances whereof c. to the aforesaid John Hayward and his Assigns from the Feast of the blessed Mary the Virgin then next following unto the end and term of 21. years then next following fully to be compleat and ended Yielding and paying therefore yearly to the aforesaid John Bettisworth and his Assigns 12. d. At the Feast of St. Michâ—el the Archangel or within 10. days next after the said Feast By vertue of which Demise the said John Hayward into the Tenents aforesaid with the Apurtenances whereof c. entred and was thereof possessed the reversiâ—n thereof to the aforesaid John Bittesworth and his Heirs expectant And he the said John Heyward of the Tenements aforesaid with the Appurtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seisâ—d in Demesn as of Fee The said Iohn Bettisworth into the aforesaid Close in which c. called Rainolds in the possâ—ssion of the said Iohn Heyward entred and there immediatly after sealed and delivered as his Deed a certain Deed containing a Feoffment
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
in which c. the said Walter and the aforesaid Robert who c. demand Judgement and their damages by the occasion of the taking and unjust deteining of the Cattel aforesaid to the said VValter to be adjudged And the aforesaid Nicholas as at first saith That the aforesaid John Bevill was seized of the aforesaid Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as he above alleged And of this puts himself upon the Country and the aforesaid Walter and the aforesaid Robert Smith the Son who c. likewise Therefore it is commanded to the Sheriff that he cause to be here from the day Saint Martin 15. dayes 12. c. by whom c. and who neither c. to Recognize c. Because as well c. Processe against the Jurors to try the issue aforesaid is conteined until 15. of Easter in the 19th yeer of Queen Elizabeth unless the Justices to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Upon Monday in the 5th Week of Lent the said 19th yeer first come At which Assizes the Verdict was given as followeth The Jurors say upon their Oath That the within named John Smith the Father held the Tenements aforesaid with the Appurtenances called Newton of the within named John Bevill as of the within written Manor of Keligath by Knights Service within written And that the said John Bevill was seized of the Fealty and Sute of Court only parcel of the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant But whether the aforesaid seisin of Feâ—lty and Sute of Court aforesaid be a good and sufficient sâ—isin of the whole Services within written or not the Jurors are altogether ignorant And pray thereof the advice and diâ—cretion of the Justices aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the same Justices That the aforesaid seisin of Fealty and Sute of Court be not a good and sufficient seisin of the whole Services aforesaid Then the Jurors say upon their Oath That the aforesaid John Bevill was not seized of the within written Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as the said Walter within alleged And then they assess the damages of him the said Walter by occasion of the taking and unjust detaining of the Cattel aforesaid besides his costs and charge by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And if upon the whole matter aforesaid it shall seem to the Justices That the said seisin of Fealty and Sute of Court aforesaid be a good and sufficient seisin of the whole Services within written Then the said Jurors say upon their Oath aforesaid That the said John Bevill was seized oâ— the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant as the aforesaid Nicholas within alleged And then they assess the damages of the said Nicholas by occasion of the premises besides his costs and charges by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And because the Justices here will avise themselves of upon the premises before they give their Judgement thereof day is given to the parties here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. And so the Plea aforesaid was continued until the Morrow of the Holy Trinity in the 25th yeer of Queen Elizabeth which day Judgement was given as followeth At which day here cometh as well the aforesaid Walter Parker by his Attorny aforesaid as the aforesaid Nicholas Francis by William Aylesbury his Attorny And upon this The premises being seen and by the Justices here fully understood It seemeth to the Justices here That the aforesaid seisin of Fealty and Sute of Court aforesaid is a good and sufficient seisin of the whole Services aforesaid Therefore it is granted That the aforesaid William Parker take nothing by his Writ aforesaid but be in mercy for his false clamour And the aforesaid Nicholas Francis thereof go without day and that he have Retorn of his Cattel aforesaid to be kept by him irreplegible for ever c. It is also granted That the aforesaid Nicholas Francis recover against the aforesaid Walter Parker his damages aforesaid to 41. shillings by the Jurors in form aforesaid assessed as also 13. pound to the said Nicholas at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages in the whole do amount to 15. pound 1. shilling c. REPLEVIN Trinity Term Anno 7 mo JACOBI Rot. 3661. in Salop. the COMMON-PLEAS Co. 8. part John Talbotts Case IOhn Pendleton was attached by the Writ of the Lady the Queen of second deliverance to answer to John Chapman of a Plea wherefore he took the Cattel of him the said John Chapman and them unjustly deteined against Gages and Pledges c. And whereupon The said John Chapman by Thomas Salter his Attorney complaineth That the aforesaid John Pendleton the second day of September in the yeer of the Lord the King that now is of England c. the 6th at Albrighton in a certain place called Bromly took his Cattel that is to say two Bullocks of the said John Chapman and them unjustly deteined against Gages and Pledges untill 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 Iohn Pendleton by Nicholas Gibbens his Attorny cometh and defendeth the force and injury when c. and as Bayliff of Jo. Talbot Esquire doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because he saith That the place in which it is supposed the taking aforesaid to be done doth contein and at the time of the taking thereof above supposed to be done did contein in it self 3. Acres of Pasture lying in the aforesaid field called Bromley in Albrighton aforesaid and that long before the taking of the Cattel aforesaid supposed to be done One John Chapman Father of the now Plaintiff was seised of the aforesaid 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and the said 3. Acres of Pasture with the appurtenances in which c. held of the aforesaid John as of his Manor of Albrighton in the County aforesaid by Fealty and the Service of doing sute at the Court of the said John Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor to be holden As also by the service of rendring after
be to him adjudged c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties c. REPLEVIN Trinity Term Anno 6 to of King James Rot. 1611. in the COMMON-PLEAS C. 9. part Henry Conneys Case BArtholmew Colpit was summoned to answer to Iohn Crane of a Plea wherefore he took the Cattel of the said John and them deteined against Gages and Pledges and whereupon The said Iohn by Thomas Ganton his Attorney complaineth that the aforesaid Bartholmew the 19th day of October in the yeer of the Reign of the Lord the King that now is the 5th at Fidde St Giles in a certain place there conteining in it two Acres of Pasture the Cattel that is to say 3. Steers of the said Iohn c. them unjustly deteined against Gages Pledges untill c. whereupon he saith he is the worse and hath damage to the value of 20. pound and thereof bringeth sute c. And the aforesaid Bartholmew by William Dany his Attorney cometh and defendeth the force and injury c. and as Bayliff to Iohn Welby Esquire doth well acknowledge the taking of the Cattel aforesaid in the place in which c. and justly c. Because he saith that the said place in which it is supposed the taking of the Cattel aforesaid to be done doth contein aforesaid time in which it is supposed the aforesaid taking to be done did contein in it self 2. Acres of Pasture with the appurtenances in Fidde Saint Giles aforesaid lying there in a certain Field called South graftfield neer the Lands foot of Richard Welby Gent. sometimes Richard Delaland on the part of the North and the Kirkland on the part of the West and that one Henry Conny Esquire before the time in which was seised of the aforesaid 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee and held the same of one William Stermin Esquire as of his Manor of Richards with the Appurtenances in Tidde St. Giles aforesaid by Fealty and the Rent of 13d yeerly at the Feast of Saint Michael the Archangel to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon seasonable warning at the Manor aforesaid to be holden Of which Services the said William Stermin was seised by the hands of the aforesaid Henry Conny 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 Rent aforesaid in his demesn as of Fee Of which Manor with the Appurtenances the aforesaid William Stermin was seised in his demesn as of Fee and so thereof being seised the aforesaid William Stermin before the time in which c. Of the aforesaid Manor with the Appurtenances the aforesaid John Welby enfeoffed To have and to hold to the said Joh. Welby his Heirs Assigns for ever To which Feoffment by the aforesaid VVilliam Stermin to the aforesaid John VVelby in form aforesaid made the aforesaid Henry Conny afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of Lord the King that now is the first then of the aforesaid two Acres of Lands with the Appurtenances in form aforesaid being seised at Fidde St. Giles aforesaid attorned By colour of which Feoffment and attorment aforesaid The said John VVelby was and yet is seised of the Manor aforesaid with the Appurtenances in his demesn as of Fee and because 40. shillings and 4 pence of the Rent aforesaid for 4. whole yeers was at the Feast of St. Michael the Archangel in the yeer of the Reign of the Lord the King that now is the 5th and after the Attornment aforesaid in form aforesaid had to the aforesaid John Welby the aforesaid time in which c. behind not paid The said Bartholmew as Bayliff of the aforesa Jo. Welby doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which for the aforesaid 4. shillings and 4. pence of the Rent aforesaid so being behind and justly c. as within his Fee and Lordship And the aforesaid John Crane saith That the aforesaid Bartholmew as Bayliff of the said John Welby for the cause above alleged the taking of the Cattel aforesaid in the aforesaid place in which ought not avow to be just Because by Protestation that the aforesaid Henry Conny held not the aforesaid 2. Acres of Land with the Appurtenances of the aforesaid William Stermin as of his Manor of Richards aforesaid by Fealty and the Rent of 13. pence for every yeer at the Feast of Saint Michael to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. Weeks to 3. Weeks upon reasonable warning at that Manor to be holden as the said Bartholmew above hath alleged And for Plea he saith That the aforesaid Henry before the time of the taking aforesaid done at the time of the taking c. was yet is seized of the aforesaid 2. Acres of Pasture with their Appurte in his demesnas of Fee held the same of Martin by Divine Providence then Bishop of â—ly as of his Manor of Fidde St. Giles with the Appurtenances in Fiddy Saint Giles aforesaid by Fealty only for all Services Without that that the aforesaid Henry at Fidde Saint Giles aforesaid to the aforesaid John Welby attorned Tenant in manner and form as the said Bartholmew above hath alleged And this he is ready to aver Wherefore for as much as the aforesaid Bartholmew the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John demandeth Judgement and his damages by the occasion of taking of the said Cattel to be to him adjudged c. And the aforesaid Bartholmew as at first saith That the said Henry did attorn Tenant to the aforesaid John Welby in manner and 〈◊〉 as the said Bartholmew above hath alleged And oâ— this puts 〈…〉 lf upâ—â— the Country and the said John likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. Because as well c. And afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and William Daniel Knight one of the Justices of the Lord the King of the Bench aforesaid Justices of the said Lord the King to Assizes in the County of Cambridge to be taken assigned by the â—orm of the Statute c. this turn associated the presence of the aforesaid William Daniel not expected by virtue of the Writ of the said Lord the
King of 〈◊〉 c. came as well the within named John Crane as the within written Bartholmew Colpit by their Attornies within conteined And the Jurors of the Jury whereof within mention is made being called come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That the within named Henry Conny before the time within written in which c. was seized oâ— the within written 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee by discent from his Father And that the said Henry the said 2. Acres of Pasture with the Appurtenances held of the within named VVilliam Stermin â—s of his Manor of Richards with the Appurtenances in Fidde St. Giles within written by Fealty and the Rent of 13. pence at the Feast of Saint Miâ—hael the Archangel to be paid as also by the service of doing Sute at the Court of him the said VVilliam Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon reasonable warning at the Manor aforesaid yeerly to be holden and that of the services aforesaid the said VVilliam Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say of the Fealty and Sute of the Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee as the aforesaid Bartholmew within hath alleged And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid William Stermin of the Manor aforesaid with the Appurtenances was seized in his demesn as of Fee And so thereof being seized The said William Stermin before the within written time in which c. of the said Manor with the Appurtenances enfeoffed the within named John Welby To have and to hold to the said John Welby his Heis and Assigns forever And that the aforesaid Henry Conny being of the Age of 20. and within the Age of 21. yeers at the aforesaid Feoffment by the said William Stermin to the aforesaid John Welby in form aforesaid made of the aforesaid 2. Acres of Pasture with the Appurtenances in form aforesaid being seized at Fidde Saint Giles aforesaid agreed and the payment of the Rent aforesaid to the aforesaid John Welby promised And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here That the agreement of the aforesaid Henry Conny to the Feoffment aforesaid and his promise of the payment of the Rent aforesaid so as before is said by him the said Henry Conny he being within the Age of 21. yeers are an Attornment Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Henry did Attorn Tenant to the aforesaid John Welby in manner and form as the aforesaid Bartholmew Colpit within hath alleged And if upon the whole matter aforesaid by the Jurors in form aforesaid found it shall seem to the Court That the Agreement of the said Henry Conny to the Feoffment aforesaid and his promise aforesaid of payment of the Rent aforesaid so as before is said by him the said Henry being within the age of 21. yeers be not an Attornment Then the Jurors say upon their Oath aforesaid That the said Henry Conny did not Attorn Tenant to the aforesaid John Welby as the aforesaid John Crane in pleading hath alleged and then they assesse the damages of the said John by occasion within written besides his costs and charges by him about his Sute expended to 12. pence and for his costs and charges to 5. shillings Therefore c. RESTITUTION Trinity Term Anno 13. JACOBI Rot. 23. in the KINGS-BENCH C. 11. part James Bagges Case fol. 93. a. JAMES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To the Mayor and Cominalty of the Borough of Plymouth in the County of Devon greeting c. Whereas James Bagg one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid according to the custom of the Borough aforesaid hithereto used was duly chosen and made And whereas the same James in the Office in of the 12. Chief Burgesses or Magistrates of the Borough aforesaid a long time carried and well governed himself Yet you the Mayor and Cominalty of the Borough aforesaid little regarding the aforesaid Iames unduly and without reasonable cause from the Office of one of the 12. Chief Burgesses and Magistrates of the Borough aforesaid unjustly and have amoved in contempt of us and to the no little damage and grievance of him the said Iames and the hurt of his Estate as we by his complaint have understood We therefore to the said Iames willing due and speedy Justice to be done in this behalf as is just command you and every of you as before time we have you commanded firmly enjoying you That immediatly after the Receipt of this Writ the aforesaid Iames in the aforesaid Office of one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid you restore with all the Liberties Privileges and Commodities to the Office aforesaid belonging and apperteining Or that you signifie the cause thereof unto us least in your default complaint thereof again to us come And how this our Writ shall be executed to us from the day of Holy Trinity in three Weeks wheresoever we shall be England you make it to appear under the penalty of 40. pound this our Writ then sending back c. Witnesse E. Coke at Westminster the 12th day of June in the yeer of our Reign of England France and Ireland the 13th and of Scotland the 48th By the Term of Trinity Anno 130. Jac. King JAMES Rot. 23. Execution of this Writ doth appear in a certan Schedule to this Writ annexed John Clement Mayor The Answer of the Mayor and Cominalty of the Borough of Plymouth to the Writ to this Schedule annexed According to the command of the Writ aforesaid To the Lord the King we most humbly certifie That the Lady Elizabeth late Queen of England by her Letters Patents with the great Seal of England sealed bearing date at Westminster the 28th day of February in the 43th yeer of her Reign for her self her Heirs and Successors granted to the Mayor and Cominalty of the Borough of Plymouth aforesaid and their Successors amongst other things That the Mayor and Recorder of the Borough aforesaid for the time being the time that they should happen to be in their Offices And further the Predecessors of the said Mayor then alive and for the time being and their Successors should be Justices of the said late Queen her Heirs and Successors to keep the Peace in the said Borough and within the Limits Precincts and Liberties thereof and to be kept and to cause to be conserved and kept without any Command Commission or Warrant for the same to be had or to be obteined And further to the said Lord the King we certifie That
King Henry the 8th afterwards at Westminster aforesaid died the said Edward late Prince being the Son and Heir of the aforesaid late King Henry the 8th And the said Edward late Prince to the said King Henry the 8th in the aforesaid Kingdom of England by right of Inheritance succeeded and King of the aforesaid Kingdom of England by the name of Edward the 6th King of England came to be And afterwards the said Edward the 6. late King of England at Westminster aforesaid dyed without Heir of his body begotten the Lady Mary late Queen of England being his Sister and heir of the said late King Edward the sixt and the aforesaid Lady Mary to the said late King Edward the sixt in the aforesaid Kingdom of England by right of Inheritance succeeded and became Queen of the aforesaid kingdom of England and afterwards the said Queen Mary at Westminster aforesaid died without heir of her body begotten the Lady Elizabeth late Queen of England being Sister and Heir of the aforesaid late Queen Mary the aforresaid Lady Elizabeth to the said late Queen Mary in the aforesaid kingdom of England by right of Inheritance Succeeded and became Queen of the kingdom of England And afterwards the said Queen Elizabeth at Westminster aforesaid dyed without Heir of her Body begotten We then and yet being Cosin and Heir to the said late Queen Elizabeth and we succeeded the late Queen Elizabeth in right of Inheritance in the same Kingdom of England and became and now are King of England and now the most Excellent Prince Henry our Eldest Sonn now Duke of Cornwell hath requested us that whereas the aforesaid Lady Elizabeth late Queen of England by her letters Patents Sealed with the great Seal of England bearing date at Westminster the second day of May in the yeer of her Reign the 37th granted at Gellio Merick then Esquire now Knight now deceased and Henry Lindley then Esquire now Knight the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances to have and to hold to them the said Gellio Merick and Henry Lindley and their Heirs for ever as in the Letters Patents thereof more fully it is conteyned And whereas the aforesaid Manors of VVest Taunton Trelowia and Landalph to the aforesaid Dutchy as is said annexed and united to the same now Duke by Colour of the gift grant and union aforesaid by the authority of Parliament aforesaid belonged and yet ought to belong and were member and parcel of the same Dutchy and yet are as the said pious Prince and Duke by waies and means convenient is ready to shew That we would the said Letters Patents aforesaid of the aforesaid Manors of West Taunton Trelowia and Landalph as before is said made revoke and annull and the said Manors with their appurtenances seize into our hands that we cause the said Manors to the said now Duke as members and parcel of the Dutchy aforesaid to have and to hold according to the form and effect of the guift grant and union aforesaid to be delivered We willing to do in this behalf what is Just Command you that by good and Lawfull men of your Bayliwick you give warning to the aforesaid Henry Lindley Knight and John Hele Knight Serjeant at Law Tenants of the said Manors of West Taunton Trelowia and Landalph and also to whosoever other or others are Tenants of the said Mamors of West Taunton Trelowia and Landalph or any of them that they be before us in our Chancery in 8. dayes of Saint Hillary next coming whensoever it shall be to shew what for us and themselves they have or can say Wherefore the Letters Pattents aforesaid of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances as before is said made ought not to be revoked and annulled and the said Manors with the appurtenances into our hands be seised as before is said to the now Duke as members and parcel of the Dutchy aforesaid according to the form and effect of the gift grant and union aforesaid to have and to hold to be delivered and to do and receive what our said Court then and there shall further grant in this behalf Witness my self at Westminster the 18th day of November in the yeer of our Reign of England France and Ireland the third and of Scotland the 39th and now at this day that is to say the aforesaid 8 dayes of Saint Hillary before the said Lord the King that now is in his said Court of Chancery here cometh Edward Coke Knight Attorny General of the said Lord the King that now is who prosecuteth in his behalf for the said Lord the King in his proper person And Francis Godolphin Knight being Sheriff of the County of Cornwell now sendth here the Writ aforesaid served executed in form following the 21. day of Dec. in the 3d. yeer aboves by virtue of the writ afores to him directed that he gave warning by Joh. Edgecombe Wal. Blant good Lawfull men of his Bayliwick to the afores Hen. Lindley Kt. and also the same day and yeer by the said good and Lawfull men he gave warning to the aforesaid John Hele Knight and to one Warwick Hele Knight Tenants of the aforesaid Manors of West Taunton Trelowia and Landalph above mentioned to be before the said Lord the King that now is here at this day to shew do and receive what that Writ in it requireth and demands And the aforesaid Henry Lindley Knight John Hele Knight and Warwick He le Knight the 4th day of pleas being called by Richard Wilkinson their Attorny come and pray Licence to Imparl and it is graunted to them c. and upon this day is given to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King in the said Court here that is to say at Westminster aforesaid until in 8. dayes of the Purification of the blessed Mary then next c. wheresoever c that is to say to the aforesaid Henry John and Warwick to imparl and then to answer c. The same day is given to the aforesaid Edward Coke Knight the Atorney General of the Lord the King that now is who c. then to be here c. At which 8. days from the Purification of the blessed Lady Mary before the said Lord the King in the said Court here that is to say at VVestminster aâ—oresaid come as well the aforesaid Edward Coke Knight who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorney aforesaid and upon this the said Henry John and Warwick by their Attorney aforesaid pray farther License thereof to imparl before the said Lord the King that now is in the said Court here that is to say at VVestminster aforesaid until in 15. days of Easter then next following c. wheresoever c. and then to answer c. and have it c. and the same
the Queen that now iâ— to serve in his Office aforesaid By virtue of which License of the said Lady the Queen to the aforesaid Mark as afore is said the said Mark by the whole time of his absence specified in the Inquisition aforesaid And 〈◊〉 the â—â—â— Mark for further shewing of his Right saith That he now is and alwâ—â—â—â—om the aforesaid time of removing him from the Exercising of his Offiâ—â— aforesaid was ready and often time offered himself to serve in his Office aforesaid And that as yet from the time of the License of the said Lady the Queen of absenting himself to the said Mark made the said Lady the Queen that now is had not commanded him to serve in his Office aforesaid Without that that the said Lady the Queen that now is hath any other Right or Title in or to the Office aforesaid than as before above it is alleged And without that That there is any such Record besides the Record of the Inquisition aforesaid which makes or shewes or can make or set forth any Title of the said Lady the Queen that now is in or to the Office aforesaid All and singular which the said Mark is ready to aver as the Court here shall award and therefore he demandeth Judgement and that to the possession and exercising of his Office aforesaid together with the Wages and Fee aforesaid and to the issues and profits to the said Office due and belonging from the time of his removing from the said exercising of his Office aforesaid be restored c. And Gilbert Gerrard Attorny General of the Lady the Queen that now is who prosecuteth for the said Lady the Queen in this behalf saith That by any thing by the said Mark Steward above in pleading alleged The said Lady the Queen of her Right and Title in or to the Office aforesaid ought not to be barred Because he saith That the said Lady the Queen did not give License to the said Mark to absent himself from the exercising of his Office aforesaid at the pleasure of him the said Mark until he were Commanded by the said Lady the Queen to serve in his said Office aforesaid in manner and form as the aforesaid Mark in his shewing of his Right to the Office aforesaid above alleged And this the said Attorny of the said Lady the Queen that now is for the said Lady the Queen prayeth it be enquired of by the Country And the aforesaid Mark likewise Therefore day is given before the said Lady the Queen that now is in the Morrow of the Ascension of our Lord wheresoever she should be in England to do and receive what was just in the premises And it is commanded to the Sheriff of Middlesex That he cause to be here before the Lady the Queen at that day 12. good and lawful men of the Vicinage of the City of Westminster who are not of Kindred or Affinity of the said Mark To Recognize upon their Oath more fully the truth of the premises At which Morrow of the Ascension of our Lord before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Geâ—rad who prosecutes c. as the aforesaid Mark Steward by John Manning his Attorny And the Sheriff retorns the names of 12. whereof none c. Thtrefore it is commanded to the Sheriff That he do not omit c. but that he destrein them by all their Lands c. And that of the Issues c. And that he have their Bodies before the Lady the Q. in 8. dayes of the Holy â—rinity wheresoever c. To Recognize in form aforesaid c. And the same day is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward c. At which 8. dayes of the â—oly â—rinity before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And the Jurors of the Jury aforesaid being called likewise come And upon this publick Proclamation is made for the Lady the Queen as the use is That if there be any one who will inform the Justices oâ— the Lady the Queen here the Serjeant at Law of the Lady the Queen or the Attorny General of the Lady the Queen or the Jurors aforesaid oâ— the premises that he come and should be heard And Edward Anderson one of the Serjeants of the Lady the Queen at Law to do this offered himself By which it is proceeded to the taking of the Jury aforesaid by the Jurors aforesaid now there appearing who to say the truth of the premises chosen tryed sworn say upon their Oath That the Lord Philip and the Lady Mary late King Queen of England by their Letters Patents under the Great Seal of England made bearing date at Westminster the 23th day of September in the yeers of the Reigns of the said late King and Queen the 3d. and 4th Gave and granted to the said Mark the Office of Serjeant at Arms attending upon their Chancellor of England for the time being and made him the said Mark their Serjeant at Arms aforesaid made Ordained and Constituted by the said Letters Patents for the term of his life To have and enjoy the said Office to him the said Mark for the term of his life And moreover the said late King and Queen gave and granted by the Letters Patents aforesaid for them the Heirs and Successors of the said Queen for the exercising and holding of the Office aforesaid the Wages and Fee of 12. pence per diem To have hold and perceive yeerly the said Wages and Fee of 12. pence the day to the said Mark for the term of his life of the issues and profits of their Hamper of their Chancery by the Hands of the Clerk or Keeper of the said their Hamper and the Heirs of the aforesaid late Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any way anciently belonging due and accustomed And the said Mark Steward brings here in Court the Letters Patents aforesaid which followes in these words Philip and Mary by the Grace of God King and Queen of England Spain France both Cicilies Jerusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgondy Milain and Brabant Earl of Haspurge Flanders and Tiroll c. To All to whom these present Letters shall come Greeting Whereas our most dear Brother Edward late King of England the 6th by his Letters Patents made under the Great Seal of England bearing date at Greenwich the 8th day of April in the 4th yeer of his Reign of his special Grace certain Knowledg and meer Motion as also with the Advice and Consent of his Council had given and granted to his well-Beloved Richard Hatchman Gentleman the Office
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
the said Sheriff Pledges for prosecuting that is to say John Doo Richard Roo and that the aforesaid Edward was summoned by John Den and Richard Fen. And the said Edward Shelley according to his summons aforesaid to him in form aforesaid made by Thomas Ingler his Attorny came And upon this the aforesaid Richard Cooper and William Martin by their Attorny aforesaid demanded against the aforesaid Edward Shelley the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill 2. Dove-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Furz and Heath and 8. pound 10. shillings Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wighenholt Sterrington VVashington Ashington Grenested Asherest Stening Wiston Thackham and Shipley As also the Advowson of the Chutch of VVorminghurst as his Right and Inheritance and which the said Edward had not Entry but after Disseisin with Hugh Hunt unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past c. And whereupon they said that they themselves were seized of the Manors Tenements and Rents aforesaid with the Appurtenances in their Demesn as of Fee and Right and also of the Advowson of the Church aforesaid as of Fee and Right in time of Peace in the time of the said late King and Queen taking the Profits thereof to the value c. And in which c. And thereupon brought Sute c. And the said Edward by the aforesaid Thomas Ingler his Attorny cometh and defendeth his Right when c. And voucheth thereof to warranty Henry Siliborn who present here in his proper person in Court freely the Manors and Tenements and Rents aforesaid to him doth warrant c. And upon that The aforesaid Richard and William demanded against him the said Henry Tenant by his warranty the Manors Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid And whereupon they said That they themselves were seized of the Manors Tenements and Rents aforesaid with their Appurtenances in their Demesn as of Fee and Right and also of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the said late King and Queen taking thereof the Profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Henry Tenant by his warranty defended his Right when c. And said That the aforesaid Hugh did not disseise the aforesaid Richard and William of the Manors Tenements and Rents aforesaid with the Appurtenances And also of the Advowson aforesaid as the said Richard and William by their Writ and Declaration above supposed And of this put himself upon the Country c. And the aforesaid Richard and William prayed leave to imparl and had it c. And afterwards the said Richard and William Retorned back hither into Court the same Term by their Attorny aforesaid And the aforesaid Henry although solemnly called did not retorn but in Contempt of the Court departed and made default Therefore it was granted by the Court in the aforesaid 8. dayes of Saint Michael That the said Richard and William should recover their seisin against the aforesaid Edward of the Manors Tenements and Rents aforesaid with the Appurtenances And also of the Advowson aforesaid And that the said Edward should have of the Lands of the said Henry to the value c. And the said Henry should be in Mercy c. And upon this immediatly the aforesaid Richard Cooper and William Martin in the aforesaid Court prayed the Writ of the Lord and Lady the Queen to the then Sheriff of Sussex to be directed to give them full seisin of the Manors Tenements and Rents aforesaid with the Appurtenances and also of the Advowson aforesaid and the Writ was granted unto them bearing date the 9th day of October in the yeers of the Reigns of the aforesaid late King and Queen Philip and Mary the first and second abovesaid Retornable here from the day of Saint Michael in one Moneth then next following And further the said Jurors say upon their Oath aforesaid That the Tenements aforesaid called Rarhamwick in the Declaration aforesaid specified and the Tenement aforesaid called Barhamwick in the Record of the Recovery aforesaid above mentioned are one and the same Tenements and not others nor divers And that the Recovery aforesaid was for the intentions in the aforesaid Indenture specified And that the said Edward Shelley dyed the 9th day of October in the yeers of the Reigns of the said late King and Queen the first and second between the hours 5. and 6. in the Afternoon of the same day And that afterwards that is to say the 19th day of October then next following the then Sheriff of the said County of Sussex That is to say Thomas Saunder Knight by virtue of the VVrit aforesaid gave full seisin to the aforesaid Richard Cooper and William Martin of the Manors Tenements and Rents aforesaid with the Appurtenances and also of the Advowson aforesaid And further the aforesaid Jurors say upon their Oath aforesaid That one Richard Belchamber the aforesaid time of the death of the aforesaid Edward and at the time of the Recovery aforesaid and the Execution thereof and long before the bringing of the aforesaid VVrit of Entry Sur Disseisin in the Post was Tenant of the Tenements aforesaid and possessed of the Tenements aforesaid in the Declaration aforesaid specified for the Term of divers yeers then to come by reason of a Demise thereof made to the aforesaid Richard Belchamber by the aforesaid Edward Shelley long before the bringing of the aforesaid VVrit of Entry Sur Disseisin in the Post And afterwards that is to say the 4th day of December in the yeers of the Reigns of the aforesaid late King and Queen the first and second the aforesaid Henry Shelley the now Defendant was born of the said Ann his Mother late the VVife of the aforesaid Henry Shelley Father of the said Henry Defendant which said Henry the Father was the Eldest Son of the aforesaid Edward Shelley And that the aforesaid Mary Shelley was then alive and in full Life And that the aforesaid Richard Shelley afterwards after the Expiration of the said Term of yeers Demised to the aforesaid Richard Belchamber by the aforesaid Edward Shelley as before is said that is to say the 9th day of October in the yeer of the Reign of the said Lady the Queen that now is at Augmering aforesaid into the Tenements aforesaid in the Declaration aforesaid specified entred and then and there demised the Tenements aforesaid in the Declaration mentioned to the aforesaid Nicholas Wolfe To have and to hold to the said Nicholas and his Assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 21. yeers
said VVilliam take nothing by his Bill aforesaid but for his false clamour he be in Mercy c. And the aforesaid Edward go thereof without day c. TRESPAS Trinity Term Anno 70. of King JAMES Rot. 2612. in the COMMON-PLEAS C. 9. part The Earl of Shrewesburies Case fol. 42. RObert Spencer late of Maunsfield in the County aforesaid Esquire and Brownl Thomas Woodward late of Maunsfield in the Couty aforesaid Gentleman were attached to Answer to Roger Earl of Rutland of a Plea Wherefore Whereas The Lady Elizabeth late Queen of England the 14th day of July in the 42th yeer of her Reign at Westminster in the County of Middlesex By her Letters Patents sealed with the Great Seal of England had given and granted to the said Earl from the time of the full age of the said Earl of 21. years To the Term and for and during the Term of his natural life The Office of Steward of the Lordships or Manors of her the late Queen of Maunsfield in the County aforesaid and Bolsover and Horseley in the County of Derby with the Wages Fees to the said Office anciently due and accustomed To have and yeerly to receive the said Wages during the Term aforesaid of the Issues Profits Farms and Revenews of the aforesaid Lordships or Manors by the Hands of the Farmers Receivers or any other Occupiers thereof for the time being at the Feasts of St. Michael the Archangel and Easter by equal portions Together with all other Profits Rights Commodities Jurisdictions Privileges Preheminences and Emoluments to the said Offices arising or in any wayes belonging And whereas the said Earl before the making of the said Letters Patents that is to say the 19th day of November in the yeer of the Reign of the aforesaid late Queen the 40th had attained unto his full age of 21 years and by virtue of the Letters Patents aforesaid was seized of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of Freehold for the Term of his life And the same Offine from the aforesaid 14th day of June in the yeer of the said Lady the Queen the 42th aforesaid for one whole year then next after well and faithfully had executed and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield of old due and accustomed by that time had had and received The aforesaid Robert and Thomas intending manifoldly to molest him the said Earl and him the said ' Earl to disturb from the Execution of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield and him the said Earl of the Wages Fees and Profits which by reason of the execution of the said Office which he could and might of Right to have and receive wholy to frustrate and hinder of his own wrong without any Right of lawful authority without the leave of the said Earl the 16th day of February in the year of the Reign of the said late Queen the 44th at Maunsfield aforesaid The aforesaid Office of Steward of the aforesaid Manor of Maunsfield aforesaid exercised and from thence hitherto do exercise and occupie and all and singular the Wages Fees Commodities and Profits to the said Office due and by reason of the exercising of the Office aforesaid within the Manor aforesaid of right belonging to their own proper use had and received and the said Eearl to exercise the said Office within the aforesaid Manor aforesaid and the Wages Fees Commodities and Profits to the said Office of right to have and receive with force and Arms then and there hindered and yet do hinder and other harms to him did to the great damage of him the said Earl and against the peace of the said Lord the King that now is c. And whereupon the said Earl by John Muscott his Attorny complaineth for that whereas the aforesaid late Queen the 14th day of June in the year of the Reign the 42th abovesaid at VVestminster aforesaid by her aforesaid Letters Patents which the said Earl under the great Seal of England Sealed here in Court bringeth whose date is the same day and year had given and granted unto the said Earl from the time of the full age of the said Earl of 21 years to the term and for and during the whole term of the natural life of him the said Earl the aforesaid Offices of Steward of the aforesaid Lorsships or Manors of the aforesaid late Queen of Maunsfield Bolsover and Horsley with the Wages and Fees to the said Offices of old due and accustomed to have and receive yearly the said Wages during the term aforesaid of the Issues Profits Farms and Revenues of the said Lordships or Manors by the hand of the Farmers Receivers or other Occupiers of the same for the time being at the aforesaid Feast of Saint Michael the Arch-Angel and Easter by equal portions tegether with all other Profits Rights Commodities Jurisdictions Privileges Appurtenances Emoluments to the said Offices belonging or any waies appertaining and whereas the said Earl before the making of the aforesaid Letters Patents that is to say the 19th day of November in the year of the Reign of the aforesaid late Queen the 40th aforesaid had attained unto his full age of 21. years and by virtue of the Letters Patents aforesaid was seised of the aforesaid Office of Steward of the aforesaid Manor of Maunsfield as of his free-hold for the term of his life and that Office from the aforesaid 14th day of June in the year of the Reign of the aforesaid late Queen the 42th abovesaid for one whole year then next following well and truly had exercised and the Wages Fees and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield from of old due and accustomed for that time had had and received the aforesaid Robert and Thomas endevoring him the said Easl from the exercising of the said Office of Steward of the aforesaid Manor of Mauasfield greatly to disturb the said Earl of the Wages Fees Profits that is to say of 100. s. yearly to be paid for the exercising of the afores office of Steward of the the ancient Fees due for the entring of playnts and pleas for Coppies of Court Rolls for Replevins for proving of Wills for granting of administrations of all persons whatsoever dying within the aforesaid Manor of Maunsfield for the entring of surrendors and admission of all Tenants whatsoever of the aforesaid Manor of Maunsfield for the Entry of of the Fealty of all Tenants of the said Manor of Maunsfield which of right he ought or might have and receive utterly to frustrate and hinder of his own wrong without any right or Lawfull authority without the leave of him the said Earl the aforesaid 16. day of February in the yeer of the Reign of the said late Queen the 42th abovesaid at Maunsfield aforesaid the aforesaid Office of Steward of the said Manor of
of the same Earl of Rutland from the Treasury of us our Heirs and Successors at the Receipt of our Exchequer arising by the Hands of our Treasurer and Chamberlains or any of them for the time being or from our Meadows near the Castle of Notington aforesaid called the Kings Meadows and of the profits of Pannage and Herbage of our Park of Beskwood as also of all the Rents and profits of the Forest aforesaid coming oâ— growing by the Hands of the Bayliffs Farmers Receivers or other Occupiers of the said Meadows out of the Rents and profits aforesaid or any of them for the time being at the Feasts aforesaid by equal portions We also give and for us our Heirs and Successors we grant to the said Roger Earl of Rutland from the time and full age of 21. years of the same Earl to the Term and for and during the whole Term of the natural life of the same Roger Earl of Rutland The Office of Steward of our Lordships or Manors of Maunsfield Bolsover and Horseley with the Wages and Fees to the said Office of old due and accustomed to be taken To have and yearly to take the said Wages during the Term aforesaid of the Issues Profits Farms and Revenews of the said our Lordships or Manors of Maunsfield Bolsover and Horseley or any of them by the Hands of the Farmer Receivers or other Occupiers of the same or any of them for the time being at the said Feasts of Saint Michael the Archangel and Easter by equal portion together with all other Profits Rights Commodities Jurisdictions Privileges Preheminences and Emoluments to all and singular the said Offices with other the pâ—emises or any of them coming or any wayes belonging and as fully freely and wholy and in as ample manner and form as Thomas Manners Knight or John Manners Esquire or John late Earl of Rutland or before in Edward late Earl of Rutland deceased or before them Thomas and Henry late Earls of Rutland deceased Anthony Brown or Richard Southwell Knights deceased or any other or other Officer or Officers aforesaid or any of them before this time occupied had and perceived or ought to have had and received in and for the same or any of them And moreover of our further Grace certain Knowledge and meer Motion we have given and granted and by these for us our Heirs and Successors we give and grant to the aforesaid Roger Earl of Rutland The Office of Keeper of our Park of Nottingham with all and singular Wages Fees Profits Commodities and Emoluments whatsoever to the Office aforesaid due and accustomed or belonging in as ample manner and form as the aforesaid Thomas Manners Knight or John Manners Esquire or the aforesaid John or Edward late Earls of Rutland now deceased or before them one Richard Manners or Francis Leak Knight now deceased or any other or others Officer or Offices aforesaid exercised had and took To have use and exercise the Office aforesaid to the said Roger Earl of Rutland by him or his sufficient Deputy or Deputies from the time of the full age of 21. years of the same Earl to the Term and for and during the whole Term of the natural life of the said Roger Earl of Rutland together with the Wages Fees Profits Commodities Advantage and Emoluments whatsoever to the said Office of old due and accustomed or part or by reason thereof by any person whatsoever before taken and had by the Hands of the Receivers Farmers Bayliffs Occupiers or our Officers for the time being of the Issues Revenews and Profits of the same at the Feasts of Easter and Saint Michael the Archangel by equal portions to be paid Which Offices and Fees and all and singular the premises above by these presents given and granted by our Letters Patents under our Great Seal of England made bearing date at Westminster the 23th day of July in the year of our Reign the 23th to one John Manners Esquire during the minority of the aforesaid Roger Earl of Rutland lately were given and granâ—ed Which Ro. Earl of Rutland is now of full age as we have certain Knowledge Willing and also firmly enjoyning and coÌ„manding by these presents to all and singular our Officers Ministers and Subjects as well within Liberties as without by the Tenor of these presents That to the said Roger Earl of Rutland and to his Deputy or Deputies in all the premises to be done executed they be aiding assisting as it ought to be Notwithstanding that express mention of the true yearly value or of the certainty of the premises or any of them or of other gifts or gants by us or by any of our Progenitors to the aforesaid Roger Earl of Rutland before this time made are not in being or any other Statute Act Ordinance Provision or Restraint to the contrary thereof before this had made done ordained or provided or any other thing cause or matter whatsoever in any wise notwithstanding In witness whereof we have caused these our Letters to be made Patents Witness my self at Westminster the 14th day of June in the yeer of our Reign the 42th And that the said Roger Earl of Rutland before the making of the said Letters Patents that is to say the 10th day of November in the year of the Reign of the aforesaid late Queen the 40th came unto his full age of 21. years By virtue of which Letters Patents aforesaid he was seised of the aforesaid Office of Sâ—eward of the Manor of Maunsfield aforesaid in the Declaration above specified as of Freehold for the Term of his life and that the aforesaid Roger Earl of Rutland at the time of the making of the said Letters Patents did exercise the Office of Steward of the aforesaid Manor of Maunsfield in the Declaration aforesaid mentioned by his Deputies and not by himself in his own person And that afterwards that is to say the 17th day of December in the year of the Reign of the said late Queen Elizabeth the 44th The said late Lady the Queen of the said Manor of Maunsfield sO as before is said being seised By her Letters Patents under the Great Seal of England sealed bearing date the same day and year and to the Jurors aforesaid in Evidence shewed had granted the aforesaid Manor of Maunsfield amongst other things to William Hamond and Ralph Catterell To have and to hold the aforesaid Manor of Maunsfield with the Appurtenances to the aforesaid William Hamond and Ralph Cotterell their Heirs and Assigns for ever By virtue of which the aforesaid William Hamond and Ralph Cotterell into the aforesaid Manor of Maunsfield with the Appurtenances entred and were thereof seised in their Demesn as of Fee And that the aforesaid William Hamond and Ralph Cotterell so thereof being seised Afterwards that is to say the 23th day of January in the year of the Reign of the Lady Elizabeth late Queen of England the 44th abovesaid By their certain Indenture bearing date the