Assignes the interest aforesaid of the aforesaid Term of years of and in the Moyety of the demesn Lends aforesaid with the Appurtenances to the said Robert Wright the Grandfathe in form aforesaid demised By virtue whereof the said Edward was of the interest of the Term aforesaid possessed and being so thereof possessed The said Edward the 11th day of July in the yeer of our Lord 1563. at Eastmeon aforesaid made his Testament and last Will in Writing and by his said Testament constituted and appointed Agnes then his Wife to be sole Executrix of his said last Will And by the said his last Will gave and bequeathed all his interest aforesaid in the Moyety aforesaid of the demesn Lands aforesaid so as before is said with the Appurtenances to the aforesaid Robert Wright now the plantiâ— one of the Sons of the said Edward And afterwards the said Edward Wright at Eastmeon aforesaid dyed of his Interest aforesaid of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised possessed After whose death the aforesaid Agnes took upon her the burden of Execution of the last Will of the said Edward aforesaid at Eastmeon aforesaid and the said Executrix at Eastmeon aforesaid gave her consent that he the said Robert Wright should have and injoy to him and his Assignes the interest of the Term aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances in form aforesaid demised By virtue of which the said Robert Wright now plantif was of the Interest of the Term aforesaid of and in the Moyety of the demesn Lands aforesaid with the Appurtenances possessed until the morrow of the Feast of St. Michael the Archangel in the yeer of our Lord 1575. in which morrow of the aforesaid Feast of St. Michael the Archangel in the yeer 1575. aforesaid The said Robert Wright now plantif into the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances entred and was thereof possessed And so thereof being possessed the said Moyety with the Appurtenances had held and injoyed and now hath and occupieth and ought to have and occupy of and from the payment of Tithes whatsoever of in or upon the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances or any parcel thereof yeerly any manner of wayes growing and appertaining renewing or arising for the occasion aforesaid in this behalf alleged utterly exonerated acquitted freed and privileged by reason of the Prescription and Privilege aforesaid And whereas by the Statute in the Parliament of the Lord Edward late King of England the 6th holden at Westminster in the County of Middlesex the 4th day of November in the second yeer of his Reign amongst other things It is enacted by authority of that Parliament That no person be sued or otherwise compelled to yeeld giue or pay any manner of Tithes for any Manors Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes by any Composition reall as by the said Act amongst other things it more fully appeareth Yet the aforesaid Nicholas Wright in his life time pretending himself to be Farmer of the Rectory of the Parish Church aforesaid and by colour of a demise to him thereof made by Thomas by Divine Providence then Bishop of Winchester for the Term of 21. yeers supposed to be made upon that occasion falsely supposing Tithes whatsoever in and upon the aforesaid Moyety of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid demised arising and happening to the said Nicholas Wright by virtue of the demise aforesaid to him in form â—foresaid supposed to be made to belong and appertain whereas in truth The said Robert now plantif the Moyety aforesaid of the demesn Lands aforesaid by virtue of the Demise aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid made and by reason of the immunity of the Privilege and Act aforesaid above specified was exonerated acquitted freed and privileged of and from payment of Tithes whatsoever thereupon growing to have and injoy ought during the Term aforesaid to the aforesaid Robert Wright the Grandfather in form aforesaid granted of the premises not ignorant endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and to draw the conusance of her Pleas which do belong to her Royal Crown and not to the spiritual Court to another Jurisdiction and Examination in the spiritual Court supposing the Indenture of demise aforesaid to the aforesaid Robert Wright the Granfather made and the Writing of Confirmation aforesaid as also the Estate of him the said Robert now plantif of and in the Moyety aforesaid of the demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather from the Tithes aforesaid in form aforesaid discharged had and made to be void and of no validity in Law whereas in truth The Indenture of demise aforesaid and the Writing of Confirmation theâ—eof and also the Estate of the said Robert aforesaid the now plantif of and in the Moyety of the aforesaid demesn Lands aforesaid with the Appurtenances to the aforesaid Robert the Grandfather in manner aforesaid demised so as before is said discharged of Tithes is good and effectual in the Law And whereas in truth the same demise to the aforesaid Nicholas in form aforesaid alleged to be made if any such waâ— was utterly void and insufficient in Law as to any Tithes of in and upon the aforesaid Moyety of the demesn Lands aforesaid growing is The said Robert Wright now the plantif in the spiritual Court before the Reverend and worthy Man Mr. William Awbray Doctor of Law in the Court of Audience of causes and businesse in the Court of Canterbury lawfully deputed to hear of and for the withdrawing and not payment of Tithes of Wheat Barly Pease and Beans of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord 1590. growing renewing arising and happening as also of and for the withdrawing and non payment of the Tithes of the Wool of Lambs and Sheep of the said Robert now plantif of in and upon the aforesaid Moyety of the demesn Lands aforesaid in the yeer of our Lord aforesaid kept shorn and arising as also of the Tithes of the Aples of the said Robert Wright the plantif of in and upon the said aforesaid Moyety of the demesn Lands aforesaid in the yeer aforesaid growing gotten and arising the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is at Eastmeon aforesaid in the County aforesaid drew into sute And the aforesaid Nicholas the same Robert now plantif before the aforesaid spiritual Judge for that occasion aforesaid to appear and to the said Nicholas of and upon the premises to
they put themselves upon the Country And the said Titus likewise c. Therefore a Jury came before the Lady the Queen at Westminster upon Saturday next after 15. dayes of Easter And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the proceeding 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 untill Monday next after three Weekes of Holy Trinity then next following Unlesse the Beloved and Faithful of the said Lady the Queen Iohn Popham Kâ— Chief Justice of the Lady of Pleas in the Court of the said Lady the Queen to be holden assigned first upon Saturday next after 15. dayes of Holy Trinity at Guildhall London by form of the Statute c. cometh for default of Jurors c. At which Monday next after three Weekes of Holy Trinity before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid and the before said Chief Justice before whom c. sent here his record before him had in these words That is to say Afterwards the day and place within contained before Iohn Popham Kâ— Chief Justice within written associating to him Thomas Povey by the form of the Statute c. came as well the within named Titus VVestbie as the within written Thomas Skinner and Iohn Catcher by their Attornies within contained and the Jurors sworn whereof within is made mention some of them came and some of them did not come as it appeareth in the Pannel and some of the said Jurors now appeared that is to say Iohn Sly Thomas VVorship Arthur Parkins William Tegoe Iohn VViggenton appeared and were sworn in the Jury aforesaid and because that the rest of the Jurors of the said Jury did not appear Therefore others of the Standers by chosen by the Sheriffs of London at the request of the said Titus VVestbie and by the command of the Chief Justice aforesaid were new put whose names are fyled to the Pannel within written according to the form of the Statute in that case made and provided Which Jurors so a new put appeared that is to say Iohn Patson George Clarke Alexander Sharp Edward Flory Thomas Chapman Emanuel Trambel and Henry Field appeared who being sworn to the Truth of the matters which is contained with the other Jurors chosen tryed and sworn say upon their Oath That the within written Thomas Smith Edward Winter and Anthony Bastard the within written 21th day of Ianuary the 29th year within written at Westminster in the County of Middlesex within written before the within named Christopher Wray Kâ— then chief Justice of the Lady within written of Pleas before the Queen holden assigned by their writing Obligatory within written sealed with their Seales granted themselves to be bounden and acknowledged that they did owe to the aforesaid Titus the within written 440. pounds To be paid to the same Titus or his certain Attorney shewing that writing their Heirs or Executors in the within written Feast of the Annunciation of the blessed Mary the Virgin then next following and if they should make default in payment of the said Debt That then the said Thomas Smith Edward Winter and Anthony Bastard willed and granted that then should run upon them the said Thomas Edward and Anthony and every of them their Heirs and Executors the penalty in the Statute of Debts for Merchandizes in the same bought to be recovered ordained or provided in manner and form as the said Titus likewise within against them declared And that the said Statute by the said Thomas sueth Edward Winter and Anthony Bustard in form aforesaid acknowledged Afterwards that is to say the within written 11th day of April in the year of the Reign of the said Lady the Queen that now is the 30th within written by the within named Iohn Chomley Esq then Clark of the said Lady the Queen that now is of Recognizances of Debts to be recovered according to the form of the Statute in the like case provided deputed by his Writing within written sealed with his seal into the Chancery of the said Lady the Queen within written it was certified in manner and form as the said Titus within likewise against the said Thomas Skinner Iohn Catcher alledged And that thereupon the said Titus afterwards that is to say the within written the 31th day of August the 30th year within written sued forth out of the said Court of Chancery within written the Writ aforesaid within specified of the said Lady the Queen that now is to the Sheriffs of London directed By which Writ the said Lady the Queen that now is then commanded the Sheriffs of Lond. That the bodies of the within named Thomas Smith Edward Winter and Anthony Bastard if they were Laymen to be taken and in the Prison of the said Lady the Queen until the said Titus Westbie of the Debt aforesaid fully satisfied they should cause safely to be kept And all the Lands and Chattels of the said Thomas Edward and Anthony in the Balywick of of the said Sheriffs by the oath of honest and lawful men of their said Balywick by whom the truth of the matter may best be known according to the true value thereof they diligently cause to be extended and apprized and into the hands of the said Lady the Queen they make to be seised that the same to the aforesaid Titus until he should be fully satisfied of the Debt aforesaid they might be delivered according to the form of the Statute at Westminster for the like Debts to be recovered thereof made and provided And how the said Sheriffs have executed the said Command that they make known to the said Lady the Queen in the Chancery within 15. dayes of St. Martin then next wheresoever it should then be by their Letters sealed and that they should have here that Writ which said Writ the said Jurors say upon their Oath aforesaid That the said Titus Westbie afterwards that is to say the within written 8th day of September in the 30th year aforesaid at London aforesaid that is to say in the within written Parish of Christ Church in the Ward of Farrington within delivered to the said Thomas Skinner and John Catcher then being Sheriffs of London in form of Law to be executed in manner and form as the aforesaid Titus within likewise against them declared And further the Jurors aforesaid say upon their oath aforesaid That the said Anthony Bastard then that is to say the aforesaid 8th day of September in the 30th year aforesaid was in the Goale of the said Lady the Queen that now is of Newgate under the Custody of the said Tho. Skinner and J. Catcher then Sheriffs of London aforesaid in Execution at the sute of one Robert Dighton for the Debt of 240. pounds and the said Anthony Bastard so there
November next to come Unless Roger Manwood Kt. Chief Baron of the Exchequer of the said Lady the Queen upon Tuesday the 4 th day of November next following at the Guild-hall of the City of London by force of the Statute thereof provided shall first come So that inquiry thereof before the said Chief Baron then here distinctly and openly taken be had here at the aforesaid Wednesday And it is said to the parties aforesaid that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday and that they be here the said Wednesday to hear Judgement upon the vredict of the inquisition aforesaid if c. At which day come the said Parties by their Attornies aforesaid And the said Chief Baron delivered here the tenor of this Plea together with the Writ of Distringas of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and to the said Tenor fyled Which Tenor is indorsed thus Afterwards the day place within contained before Roger Manwood Kt. Chief Baron of the Exchequer of the Lady the Queen associating to him Walter Morley Gent. by the form of the Statute c. came as well the within named Henry Page as the within written Edward Griffin by their Attornies within mentioned And the Jurors whereof mention is within made being called some of them that is to say John Palmer Thomas James Thomas Thomas George Maunsell Thomas Bagnill and Robert Bilborough and in Jury aforesaid were sworn and because that the rest of the Jurors of the said Jury did not appear Therefore other of the standers by by the Sheriffs chosen at the request of the said Henry Page by the Command of the said Chief Baron were anew put whose names are fyled to the Pannel within written according to the form of the Statute in the such case made and provided and the Jurors so anew chosen and put that is to say George Clarke John Barnes George Ganbie Thomas Staubauke William Sutton and George Roberts being called likewise came who being together with the other Jurors aforesaid first impannelled sworn to say the truth of the premises within contained chosen tryed and sworn say upon their Oath That the City of London is an ancient City and that all Lands and Temenents within the said City are and time whereof the memory of Men is not to the contrâ—ry were deviseable and bequeathable by Testament in Writing And that long before the time within written when it is supposed the Trespasse and Ejectment to be done That one Martin Bowes Kt. was seised of the Messuage within mentioned with the Appurtenances amongst other things in his Demesn as of Fee and that the said Martin Bowes had issue of his body lawfully Begotten one Thomas Bowes and that the said Thomas had issue of his body lawfully begotten Martin Bowes and the within named Thomas Bowes and one George Bowes And also the Jurors say upon their Oath aforesaid That the aforesaid Martin Bowes Kt. before the time in which c. that is to say the 29 th day of July in the year of the Reign of the Queen that now is the 8 th made his Testament and last Will in writing and by the same amongst other things Willed and Bequeathed to the said Thomas Bowes his Son the Messuage aforesaid with the Appurtenances amongst other things for the Term of the life of the said Thomas without impeachment of Waste and after his decease then the said Martin Bowes Kâ— by his Testament aforesaid Willed that the said Messuage aforesaid amongst other things should remain to the said Martin Bowes the Son of the said Thomas Bowes To have and to hold to the said Martin Son of the aforesaid Thomas and the Heirs males of his body lawfully begotten And for default of any issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said Thomas Bowes second Son of the said Thomas Bowes Son and Heir of the said Martin Bowes Knight and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said George Bowes third SoÌ„ of the said Thomas Bowes Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid amongst other things with the Appurtetenances should wholly remain to the Heirs males of the body of the said Thomas Bowes Son and Heir apparent of the said Martin Bowes Kt. lawfully begotten And for to default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Martin Bowes Son and Heir apparent of one Martin Bowes of Jenkins in the Parish of Barking in the County of Essex Esq and the Heirs males of his body lawfully to be begotten And for default of such issue That the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the Heirs males of the body of the said Martin Bowes of Jenkins lawfully begotten And for default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Will. Bowes son of the aforesaid Martin Bowes Knight the Heirs males of his body lawfully begotten for default of such issue that then the said Messuage with the Appurtenances amogst other things should remain to the right Heirs of the said George Bowes for ever And the aforesaid Martin Bowes Kt. of the Messuage aforesaid with the AppurtenaÌ„ces amongst other things in his Demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 8 th dyed of the Messuage aforesaid with the Appurtenances amongst other things in form aforesaid seised After whose death The said Thomas Bowes Son and Heir of the said Martin Bowes Kt. into the Messuage aforesaid with the Appurtenances did enter and was thereof amongst other things seised in his Demesn as of Free hold for the Term of his life without Impeachment of Waste according to the form and effect of the Testament aforesaid with the remainder thereof in form aforesaid expecting And the said Thomas Bowes so being thereof seised before the time in which c. that is to say the 19th day of December in the year of the Reign of the said Lady the Queen that now is the 14th by a certain Indenture between the said Thomas Bowes of the one party and one William Peltham Esq of the other party made bearing date the same day and year and in the Court of Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being with in 6. Moneths then next following in due manner of
the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
the Queen that 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
of the Justices of the Lady the Queen of the Bench and Edward Fenner one of the Justices of the said Lady the Queen of pleas before the Queen her self to be holden assigned Justices of the Assiise of the Lady the Queen in the County of Wilts to be taken Assigned by the form of the statute came aswell the within named James Linche as the said within written William Spencer and Tho. Spencer by their Attorneys within mentioned and the Jurors of the Jury whereof within mention is made being called some of them that is to say William Garret of Shaw Gentleman William Bury of Crickland Thomas Puckley of Nether Haven Gentleman William Marse of Haydon John Noyse of Graston Richard Legge of Nether Haven Thomas Smith of Kinnett Thomas Stoper of Moanton and VVilliam Gouldesborough of the same came and are sworn of the same Jury and because that the rest of the Jurors of the Jury did not appear therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James and by the command of the Justices aforesaid were new put whose names to the Panâ—nel within written are filed according to the statute in such case lately made and provided And the Jurors so of new put that is to say Thomas Stringer VVilliam Bundy and VVilliam Hascal likewise called came who to the truth of the matter within conteined together with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the aforesaid VVilliam Spencer is not guilty of the Trespass and Ejectment within written as the said VViliam hath within alleged and further the said Jurors as to all the Trespass Ejectment aforesaid within written besides the Trespass and Ejectment in the Messuage within conteined and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise therof within allegeth and as to the Trespass and Ejectment within written into the aforesaid Messuage and 26 Acres of Land within supposed to be done the same Jurors say upon their Oath that long before the within written time in which it is supposed the Trespass and Ejectment aforesaid to be done one Richard Bridges Knight was seised as well of the aforesaid Messuage and 26 Acres of Land with the appurtenances as of the other Tenements within written residue with the appurtenances in his demesn as of Fee and so thereof being seised the said Richard long before the time aforesaid in which c. by his certain writing of Feoffment Indented in Consideration of a certain Ioynture of one Iohanna the wife or Daughter of VVilliam Spencer Knâ—ght deceased from thence after to be had and ended gave and granted and in his said writing Indented confirmed to Iohn VVinchcomb the Elder of Newberry in the County of Berks. and John Knight of Newbery aforesaid the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said John VVinchcomb and John Knight their heirs and assignes for ever under this Condition following that is to say That the said John VVinchcomb and John Knight within one moneth next ensuing after the date of the said writing by their sufficient writing in Law as by the learned Councel in the Law of the said Richard â—ridges it should be avised should give grant and deliver the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna his wife to have and to hold the said Messuage and 26 Acres of Land in which c. amongst other things to the said Richard and the said Johanna and to the heirs of the bodies of the said Richard and the said Johanna his wife betwixt the said Richard and the said Johanna Lawfully begotten and for default of such issue the remainder thereof to the right heirs of the aforesaid Richard for ever of the chief Lords of the Fee by the services therefore due and of right occasioned as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 th day of January in the year of the Reign of the Lord Henry late King of England the 8 th the 32 th to the Jurors aforesaid in evidence shewed more fully appeared and that by virtue of the said Feoffment the aforesaid John Winchcomb and John Knight were seised of the aforesaid Messuage and 26 Acres of Lands in which c. amongst other in their demesn as of Fee upon the condition aforesaid And farther the Jurors aforesaid say upon their Oath That the said John Winchcomb and John Knight being so thereof seised long before the aforesaid time in which c. and within the said one Moneth next insuing after the date of the said writing of Feoffment Indented at Walcot aforesaid in performance of the condition aforesaid and at the request of the said Richard Bridges by their certain writing Indented of Feoffment delivered enfeoffed and delivered and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife the aforesaid Messuage and 26 Acres of Land in which c. amongst other things to have and to hold the aforesaid Messuage and 26 Acres of Land in which c. amongst other to the aforesaid Richard Bridges and Johanna his Wife and the heirs of the bodies of them the said Richard and Johanna betwixt them Lawfully begotten and for default of such issue the remaynder thereof to the right heirs of the said Richard Bridges for ever of the chief Lords of the Fee by the services thereof due and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed and bearing date the 6th day of February in the year of the Reign of the aforesaid late King Henry the 8 th the 32 th aforesaid and to the Jurors aforesaid in Evidence shewed it more fully appeareth And that by virtue of the said Feofment the aforesaid Richard Bridges and Johanna were seised of the aforesaid Messuage and 26 Acres of Land in which c. amongst other in their demesn as of Fee tail that is to say to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten the remaynder thereof to the right heirs of the said Richard as above is said And the said Richard and the said Johanna so thereof being had issue of their bodies between them Lawfully begotten one Anthony Bridges his Son yet living and in full life being that is to say at West Shefford in the County of Berks and that afterwards and before the time in which c. the aforesaid Richard Bridges and Johanna of the aforesaid
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
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
contrary to the form and effects of the Letters Patents aforesaid and the aforesaid Statute made in the Parliament aforesaid of the said King Henry the 8th did practise Physick not admitted by the Letters of the aforesaid President and College sealed with their Common Seal whereas in truth the aforesaid Thomas Bonham was insufficient to practise Physick By reason whereof the said Thomas Bonham afterwards that is to say the 13th day of April in the yeer of our Lord 1606. at London in the Parish and Ward aforesaid was summoned by the aforesaid Censors or Governours of the College aforesaid to appear before the President and Censors or Governours of the College aforesaid at the College aforesaid in the Parish and Ward aforesaid the 14th day of April in the yeer of our Lord 1606. abovesaid then next following to be examined upon the premises At which 14th day of April in the yeer of our Lord 1606. aforesaid at the College aforesaid came the aforesaid Thomas Bonham in his proper person and there was examined of his science in his facultie of Physick administred by the aforesaid Censors or Governors of the College aforesaid and because the said Thomas Bonham so examined answered very insufficiently in the Art of Physick then and there upon his examination aforesaid and was â—ound by the aforesaid President and Censors or Governours of the College aforesaid very insufficient and unskilful to administer Physick And for that the aforesaid Thomas Bonham being many times examined and forbidden by the President and Censors or Governours aforesaid for the causes aforesaid to adminster Physick for a Moneth or more after such forbidding of him within London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward aforesaid without the license of the aforesaid President and College under their common Seal contrary to the form of the Letters Patents aforesaid and the Statutes aforesaid did practise Then and there it was granted by the aforesaid President and Censors or Governours of the College aforesaid That the aforesaid Tho. for his Dissobedience and Contempt be amerced to 100. shillings in the next assembly of the aforesaid President and College at the College aforesaid to be paid And then and there it was commanded to the said Thomas Bonham by them the President and Censors or Governours of the College aforesaid That the aforesaid Thomas Bonham from thenceforth should forbear to practise Physick within the aforesaid City of London and the Suburbs thereof and 7. Miles circuit of the said City until the said Thomas Bonham were found to be sufficient and should be admitted to practise the said Art of Physick within the City and circuit aforesaid by the President and College aforesaid under the pain of being cast into Prison if in the premises as is aforesaid he should offend And the said Henry George Thomas Moundford John Argent John Taylor and William Bowden further say That after and before the aforesaid time in which c. That is to say the first day of October in the yeer of our Lord 1606. abovesaid At the College aforesaid in the Parish and Ward aforesaid The aforesaid Thomas Langton Doctor of Physick a man diligent and skilful in the faculty of Physick then one of the CoÌ„minalty of the College of Physicians in London aforesaid and one of the Electors of the College aforesaid was elected and chosen into the Office of President of the College aforesaid for one year then next following and the Office of President of the College aforesaid then and there held And the said Thomas Langton being President of the College aforesaid the same President and Comminalty of the College aforesaid the said first day of October in the yeer of our Lord 1606. abovesaid at the College aforesaid chose the aforesaid George Turner Thomas Moundford William Dun and John Argent Doctors men diligent and skilful in the faculty of Physick and then being 4. of the College aforesaid to supervise search correct and govern all and singular the Physicians of the said City exercising the faculty of Physick in the said City and other forein Physicians whomsoever frequenting to and exercising the said faculty of Physick within the same City and the Suburbs of the same City or within 7. Miles circuit of the said 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 Receipts by the said Physicians exercising the said faculty of Physick within the City of London aforesaid and the circuit aforesaid or any of them for the curing of diseases as often as need should be required and to punish the said Physicians exercising the faculty of Physick in the premises Delinquents by Fines Amercements and Imprisonments of Body and other wayes reasonable and fitting according to the form and effect of the Letters Patents aforesaid and the Statutes aforesaid And the said Thomas Langton being President of the College aforesaid the aforesaid G. Turner Thomas Moundford Wil. Dun John Argent being likewise the 4 Censors or Governours of the College aforesaid The said Thomas Bonham before the time in which c. that is to say the 20th day of October in the yeer of our Lord 1606 abovesaid within London aforesaid that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did practise Physick contrary to the form of the aforesaid Letters Patents and the Statutes aforesaid and the aforesaid Forbidding and Command of the aforesaid President and Censors And afterwards that is to say The same 20th day of October in the yeer of our Lord 1606. aforesaid The said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid was summoned by the aforesaid Censors or Governours of the College aforesaid at the College aforesaid in the Parish and Ward aforesaid the 22d day of the said moneth of October upon the premises to be examined At which 22d day of October in the yeer of our Lord 1606. abovesaid At the Assembly of the College aforesaid holden at the College aforesaid at London aforesaid in the Parish and Ward aforesaid afterwards that is to say the same 22d day of October in the yeer of our Lord 1606. abovesaid before the said George Turner Wil. Dan Thomas Moundford and Joh. Argent then Censors Governours of the College aforesaid because that the said Thomas Bonham by the aforesaid Censors or Governours of the College aforesaid as it is said warned to appear at the College aforesaid before the President Censors or Governours of the College aforesaid the aforesaid 22d day of Octob. in the same day did not appear Then and there it was granted by the said Censors or Governours of the College aforesaid That the said Thomas Bonham for his dissobedience and contempts should be amerced to 10. pound And that the said Thomas Bonham for
Humphry Lee Richard Westcot William Fairbrother Edward Faweet and Thomas Smith good and lawful men of the City aforesaid It is presented That whereas upon Saturday the 17th day of November in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King defender of the Faith c. the 8th and of Scotland the 44th in the Court of the Lord the King before Richard Pyot Alderman then and as yet one of the Sherifs of the City of London aforesaid in his Compter situate in the Parish of St. Michael in VVoodstreet London aforesaid according to the Custom of the City aforesaid then holden one Robert Radford had leeved a certain Plaint upon a Plea of Debt of demand of 500. hundred pounds against one John Murray of London Esq The Tenor of which Plaint followeth in these words that is to say Iohn Murray summon against Robert Radford Salter in a Plea of Debt upon demand 500. hundred pounds And thereupon the aforesaid Robert Radford demanded processe against the said Iohn Murray according to the Custom of the City aforesaid to be seved Upon which at the Request of the said Robert Radford in this sort in the same Court it was proceeded That the aforesaid Richard â—yot then and yet one of the Sherifs of the City aforesaid To one Richard Fells then one of the Sergeants at Mace of the Sherif and Minister of the Court aforesaid by word of mouth according to the Custom of the City aforesaid Commanded that he the said Sergeant at Mace should take and arrest the aforesaid Iohn Murray by his Body if he should be found within the Liberties of the City aforesaid so as he have the Body of the said Iohn Murray at the next Court of the said Lord the King at the Guild-hall of the City aforesaid situate in the Parish of St. Lawrence in the Old Iury in the Ward of Cheap London aforesaid upon Wednesday the 21. day of November in the 8. and 44th aforesaid to be holden to answer the aforesaid Robert Radford in the Plea of his Plaint aforesaid By virtue of which Command The said Richard Fells The said Iohn Murray afterwards that is to say the 18th day of the said moneth of November in the said yeers of the Lord the King that now is the 8th and 44th abovesaid between the hour of 5. and 6. in the Afternoon of the same day At London aforesaid That is to say in the Parish of St. Martin Bowyer Row in the Ward of Farrington within London aforesaid in the Common Kings high Way there by his Body took and arrested and then and there had in his custody And the aforesaid Iohn Murrey so under the custody of the said Richard Fells by virtue of the Command aforesaid then and there as before is said being It so then and there happened That the said Iohn Murray late of London Esquire otherwise called John Murray of London Esquire one Iohn Mackall late of London Yeoman otherwise called Iohn Maokallay late of London Yeoman one Iohn Engles late of London Yeoman otherwise called Iohn English late of London Yeoman and one Archibald Miller late of London Yeoman not having the Fear of God before their eyes but moved and seduced by the instigation of the Devil with Force and Armes that is to say with Swords c. to the intent him the said Iohn Murray from his arrest aforesaid then and there to rescous in and upon the aforesaid Richard Fells then there made an assault affray in which said affray The aforesaid Iohn Mackall otherwise called Iohn Mackalley with a sword is called a Rapier made of Iron and Steel of the value of 12. pence wherehe the said Iohn Mackall otherwise called Iohn Mackalley in his right hand then and there had and held the said Richard Fells in and upon the left part of his Body under the left shoulder-blade of the said Richard feloniously voluntarily and of malice forethought then and there struck and thrust in giving to the said Richard Fells then and there with the sword aforesaid called a Rapier in and upon the left part of his Body under the left shoulder one blow and wound mortal of the length of half an Inch and of bredth of half an Inch and of depth 6. Inches of which said stroak and mortal wound aforesaid the aforesaid Richard Fells then and there that is to say in the Parish and Ward last aforesaid presently dyed And further The Jurors aforesaid present That the aforesaid John Murray late of London Esquire otherwise called John Murry late of London Esquire The aforesaid John Engles late of London Yeoman otherwise called John English late of London Yeoman and the aforesaid Archibald Miller late of London Yeoman the said 18th day of November in the yeers 8th and 44th abovesaid between the Hours aforesaid in the Parish Ward and place last aforesaid felonionly voluntarily and of their forethought malice were present fighting procuring helping abetting and comforting the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman to the aforesaid Richard Fells in manner and form aforesaid to be killed and murthered And so the Jurors aforesaid say That the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman John Murray late of London Esquire otherwise called John Murry late of London Esquire John Engles late of London Yeoman otherwise called John English late of London Yeoman and Archibald Miller late of London Yeoman the aforesaid Richard Fells at London aforesaid that is to say in the Parish and Ward last aforesaid feloniously voluntarily and of their forethought malice in manner aforesaid killed and murthered against the peace of the Lord the King that now is his Crown and dignity c. And upon this at the self same Sessions before the aforesaid Justices the aforesaid John Murray otherwise Murry John Mackal otherwise Mackalley Io. Engles otherwise English Archibald Miller in the Custody of the said Richard Pyot and Francis Jones Sherifs of the City aforesaid being in the Gaol of Newgate aforesaid to the barr there brought in their proper persons came and severally being asked how of the Felony and Murther aforesaid they would acquit themselves Every one of them for himself severally said that he is not thereof guilty And thereof for good and ill severally put himself upon the Country And Richard Langley Esq who in this behalf followeth for the Lord the King likewise Therefore immediatly came a Jury thereof and the Jurors of that Jury by the Sherifs aforesaid of the City aforesaid Impannelled being called that is to say VVil. Morgan Tho. Dalbit Tho. Evans Tho. Austin Solomon Green VVil. Chewn VVilliam Ellil Metcalse Allington Iohn Drake VVil. Taylor Owen Dames and Tho. Damport appeared who to speak the truth of and upon the premises chosen tryed and sworn say upon their Oath That the City of London is and all
and Dignity c. And afterwards That is to say at the Gaol Delivery of the Lord the King at Newgate holden by the City of London aforesaid at the Justice Hall situate in the Old Baly in the Parish of St. Sepulcher in the Ward of Farrington without London aforesaid the 23d day of Iune in the yeer of the Reign of the said our Lord Iames by the Grace of God of England France and Ireland the 10th and of Scotland the 45th before Iames Pemberton Knight Mayor of the City of London aforesaid The right Reverend Father in God Iohn Bishop of London Thomas Flemming Knight Lord Chief Justice of the Lord the King to Pleas before the King himself to be holden assigned Edward Coke Kt. Chief Justice of the said Lord the King of the Bench Lawrence Tanfeild Knight Chief Baron of the Exchequer of the Lord the King Christopher Yelverton Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned David Williams Knight another of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned John Croke Knight another of the Justices of the said Lord the King to Pleas to be holden before the King himself to be holden assigned Stephen Soan Knight John Garrard Knight Thomas Bennet Knight Baptist Hicks Knight Francis Bacon Solicitor General of the Lord the King Henry Mountague Knight one of the Kings Serjeants at Law and Recorder of the City of London aforesaid and other their Fellows Justices of the Lord the King To his Gaol aforesaid of Prisoners in the same being to be delivered assigned The aforesaid Robert Carliel and James Irweng under the custody of Edward Barkham and George Smythes Sherifs of the City aforesaid to the Barr aforesaid brought in their proper persons came and severally being asked how of the Felony and Murder aforesaid they would acquit themselves The said Robert Carliel saith That he cannot deny but that he is guilty of the Felony and Murder aforesaid to him in form aforesaid imposed and the Felony and Murder aforesaid expresly confesseth and thereof putteth himself upon the Mercy of the King and the aforesaid James Irweng saith That he of the Felony and Murder aforesaid to him in form aforesaid imposed is not guilty and thereof for good and ill puts himself upon the Country Therefore immediately he cause a Jury to come c. And the Jurors of the Jury aforesaid by the aforesaid Sherifs of the City aforesaid to this impannelled being called that is to say Humphry Slâ—cy William Morgan Rouland Healing Hugh Hawesh Henry Colthurst William Hicks William Hayes Richard Bridges William Wilde John Palmer Solomon Green and Richard Rudd came who to say the truth of and upon the premises to the said Iames Irweng imposed chosen tryed and sworn say upon their Oath aforesaid That the aforesaid John Irweng is guilty of the Felony and Murder to him in form aforesaid imposed in manner and form as by the indictment aforesaid against them it is supposed And that he the time of the Felony and Murder aforesaid in form aforesaid committed or ever after had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid Upon which the said Robert Carliel and Iames Irweng being severally spoken unto If they had any thing for themselves or could say Wherefore the Court aforesaid to Judgement and Execution of them and either of them of the premises ought not to proceed who said nothing but what at first they had said Upon which then and there It is considered by the said Justices That the aforesaid Robert Carliel and James Irweng to the Gaol of Newgate aforesaid from whence they came should be sent back and thence be lead and either of them be lead unto the place of Execution and there be hanged and either of them be hanged until c. The Indictment of Robert Creighton Esq THE Jurors present for the Lord the King upon their Oath That Middle whereas Robert Carliel late of London Yeoman and James Irweng late of London Yeoman Not having God before their Eyes but seduced by the instigation of the Devil the 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London that is to say in the Parish of St. Dunston in the West in the Ward of Farrington without London aforesaid c. with Force and Armes c. Feloniously and of their fore-thought Malice in and upon one John Turner then and there in the Peace of God and of the said Lord the King being made an Aassult and Affray And the aforesaid Robert Carliel a certain Gun called a Pistoll of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the said Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously Voluntarily and of his Malice fore-thought did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid Iohn Turner in and upon the left part of the Body of him the said Iohn Turner then and there feloniously struck giving to the said Iohn Turner then and there with the leaden Bullet aforesaid neer the left papp of him the said Iohn Turner one mortal Wound of the Breadth of half an inch and Depth of 5. inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that James Irweng Feloniously and of his fore-thought Malice then and there was present ayding assisting abetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid to be done and committed And so the aforesaid Robert Carliel and James Irwenge the aforesaid John Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice killed and Murdered against the Peace of the Lord the King that now is his Crown and Dignity one Robert Creighton late of the Parish of St. Margaret in the County of VVestminster Esquire not having God before his Eyes but being seduced by the Instigâ—tion of the Devil before the Felony and Murder aforesaid by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed that is to say the 10th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 10th and of Scotland the 45th the aforesaid Robert Carliel at the aforesaid Parish of St. Margaret in Westminster aforesaid in the County of Middlesex aforesaid to the Felony and Murder aforesaid in manner and form aforesaid done
answer in that manner the validity in Law of the Indenture of the demise aforesaid by the said Stephen late Bishop aforesaid in form aforesaid made and the Confirmation aforesaid as also the Estate of the said Robert the now plantif aforesaid of and in the aforesaid Moyety of the aforesaid demesn Lands with the Appurtenances to the aforesaid Robert Wright the Grandfather in form aforesaid made and the Tithes thereof arising to the spiritual Court aforesaid to draw and determine caused most unjustly bound Which Plea by Appeal in that behalf had and made from the aforesaid Court of Audience before the worshipful and worthy men Robert Forth Thomas Binge John Lloyd Thomas Legg and Richard Swale Doctors of Law Judges Delegates in that behalf was duly removed and in the spiritual Court before the same Judges Delegates or some of them at Eastmeon aforesaid as yet dependeth undecided and although the said Robert the now Plaintiff The Indenture of demyse aforesaid and the Writing of Confirmation aforesaid and the Estate of the said Robert now Plaintiff aforesaid of and in the aforesaid Moyety of the demesn Lands aforesaid of the Tythes aforesaid discharged with the appurtenances to the aforesaid Robert VVright the Grand Father in form aforesaid demysed and the other matter aforesaid in this part conteined as well to the aforesaid spiritual Court before the aforesaid VVilliam Ambrey spiritual Judge aforesaid as in the aforesaid spiritual Court before the Judges Delegates aforesaid in discharge of the premises is shewed pleaded and alleged and the Sealing and delivery of the Indenture aforesaid and of the Writing of Confirmation aforesaid and the residue of the matter in that behalf conteined on the part of him the said Robert VVright the now Plaintiff in the premises in that behalf alleged according to the Law of this Kingdom of England with unavoidable truth and witness he offered to prove yet the said Judge of the Court of Audience aforesaid and the aforesaid Judges Delegates in the aforesaid spiritual Court aforesaid The Plea Allegation and that proof utterly refused and every of them refused to admit And afterwards the Appeal aforesaid so depending in the aforesaid spiritual Court before the Judges aforesaid The said Nicholas VVright at Eastmeon aforesaid made his Testament and last Will in writing and thereof constituted and ordained Iohn Wright his Executor of his said Testament and afterwards there dyed after whose death the aforesaid Iohn Wright took upon him the charge of the Execution of the Testament aforesaid and the Prosecution of the Appeal aforesaid in the cause aforesaid and afterwards the aforesaid John Wright the Executor aforesaid the aforesaid Robert Wright now Plaintiff in the aforesaid spiritual Court before the aforesaid Judges Delegates at Eastmeon aforesaid for the occasion aforesaid unjustly bound to appear and the said Robert now Plaintiff of and in the premises to condemn and to the Tythes aforesaid in the aforesaid several spiritual Courts in form aforesaid demanded to him to be paid to compel by the Definitive sentence of the said Court of Delegates with all his power yet endeavoureth and daily threatneth And although the Writ of the aforesaid Lady the Queen of Prohibition to the aforesaid Judges Delegates and other Judges in that behalf the 12th day of July in the year of the Reign of the Queen that now is the 37th at Eastmeon aforesaid to the contrary thereof was directed and delivered The said Iohn VVright the Plea aforesaid after the Queens Majesties Prohibition first to the contrary thereof in form aforesaid directed and delivered that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 37th at Eastmeon aforesaid in the County aforesaid prosecuted and in the Plea aforesaid proceeded the said Writ of the said Lady the Queen of Prohibition to the aforesaid spiritval Judges first to the contrary thereof in form aforesaid directed and delivered in any thing notwithstanding in contempt of the said Lady the Queen that now is and to the damage prejudice impoverishing and grievous molesting of him the said Robert now Plaintff and contrary to the form and effect of the Prescription Privilege and Act of Parliament aforesaid whereupon the same Robert now Plaintiff saith That he is the worse and hath damage to the value of 40. Marks and thereof as well for the said Lady the Queen as for himself he bringeth sute c. And now at this day that is to say VVednesday after 10. of â—aster this Term untill which day the said Iohn VVright had license to the Bill aforesaid to imparl cometh as well the said Robert VVright by his Attorney aforesaid as the aforesaid â—ohn VVright by Stephen VVorley his Attorney and the said Iohn defendeth the force and injury when c. and all the contempt and whatsoever c. and saith he did not prosecute the Plea aforesaid in the spiritual Court aforesaid after the Queens Prohibition to him first to the contrary directed and delivered in manner and form as the aforesaid Robert Wright who aswel c. above against him complaineth And of this puts himself upon the Country and the aforesaid Robert who aswel for c. likewise c. But to have a consultation in this behalf The said John by Protestation not acknowleging any thing by the aforesaid Robert above alleged to be true For Plea the said John saith That well and true it is That the aforesaid Robert in the aforesaid spiritual Court before the aforesaid Judges Delegates shewed pleaded and alleged That the aforesaid Stephen late bishop of Winchâ—ster â—foresaid the aforesaid 4th day of July in the 38th yeer aforesaid was seized of the aforesaid Manor of Eastmeon with the Appurtenances in the County of Southampton aforesaid whereof the aforesaid capital Messuage with the Appurtenances called the Scite of the Manor of Eastmeon 800. Acres of Land 500. Acres of Meadow 400. Acres of Wood with the Appurtenances in Eastmeon aforesaid being demesn Lands of the Manor aforesaid then and from the time aforesaid were parcel And of and in the aforesaid Messuage with the Appurtenances being the Mansion house of the Manor aforesaid in his demesn as of Fee in the right of his Bishoprick aforesaid And that the said Stephen and all his Predecessors Bishops of the Bishoprick aforesaid being seized of the Manor aforesaid and other the premises with their Appurtenances from the whole time aforesaid for him and his Farmers his Tenants thereof and of every parcel thereof for the term of yeers or at will had holden and enjoyed to them discharged acquitted freed and privileged of and from the payment of any Tithes of in or upon the aforesaid capital Messuage and demesn Lands aforesaid with the Appurtenances and every part and parcel thereof yeerly any manner of ways by the whole time aforesaid growing happening and renewing or arising And that the aforesaid late Bishop of the capital Messuage aforesaid and of the
Queen here are not yet c. Prohibition Michaelmas Term Anno 31. and 32. Eliz. Rot. 447. in the Common-Pleas Co. 4. part Jeffreyes Case Fol. 64. Mâ—morandum That upon Monday next after a Moneth of St. Michael this Term before the Lady the Queen at Westminster came William Jeffrey Cent. in his proper person and informed the Couâ—t of the Lady the Queen that now is here That whereas according to the Law of the Land and the Custom of this Kingdom of England time whereof the Memory of Men is not to the contrary within the said Kingdom had and used The Inhabitants and Residents within any Parish within the Kingdom aforesaid within which any Parish Church is The said Church at their own propper costs as often as need required was repaired and from the whole time aforesaid used to be and ought to be repaired And that every other person or persons inhabiting without the same Parish in any other Parish from the Reparations thereof from the time aforesaid were discharged and acquitted And whereas by the Law of the Land and the Custom aforesaid It is not lawful to any person or persons to impose any Rate or Tax upon any person not dwelling in any Parish where such Church to be repaired is in respect or by reason of any Lands or Tenements which the said person holdeth or occupieth in the said Parish where the said Church is to be repaired as above is said for the Reparation of any Church so unrepaired without his consent And whereas also the Tryal and Determination of the cause aforesaid is a matter determinable at the Common Law and not by the Laws or Censures Ecclesiastical any wayes to be Tryed Ended or Discussed nor used to be time whereof the Memory of Man is not to the contrary Yet Abraham Kenshely and Thomas Foster Church-wardens of the Parish of Haylesham in the County of Sussex not being ignorant of the Premises falsely and subtilely pretending the aforesaid William Jessrey to be an Inhabitant within the Parish of Haylesham aforesaid whereas in truth the aforesaid William Jeffrey is and was dwelling within the Parish of Chiddingly in the County aforesaid and never was dwelling within the Parish of Haylesham aforesaid And the same Church of Haylesham aforesaid by Tenants and Proprietors of Lands and Tenements within the same Parish behoved and ought to be repaired Endeavouring the Queens Majesty that now is and her Regal Crown to desinherit and the Conusance of Pleas which to the said Queens Majesty and to her Regal Crown and not to the spiritual Court doth belong to draw to be determined in the spiritual Court The said William Jeffrey in the spiritual Court aforesaid before Doctor DREWRT Doctor of Law in and throughout the whole Archdeaconry of Lewis of the most Reverend Father in Christ by Divine Providence Thomas Lord Bishop of Chichester lawfully deputed at the procuring of the same Abraham and Thomas in this behalf of and for a certain Tax upon him the said William Jeffrey to and about the Reparations of the Parish Church of Haylesham aforesaid imposed caused to be cited and him the said William in the spiritual Court aforesaid before the aforesaid spiritual Judge to appear and him the said William so appearing to answer to certain Articles of for the Tax aforesaid that is to say for that the said William Jeffrey knew believed heard that within the Archdeaconry of Lewes in the County aforesaid there was a Church commonly called the Parish Church of Haylesham that the said Parish Church as well in the tiling as in the covering thereof as in other things needed and wanted so that unless it were repaired it was feared it would fall to decay and ruine And that as well of Common Right and of an ancient and laudable Custom as also time whereof the Memory of Men is not to the contrary inviolably and unquestoned it was used and observed within the Parish of Haylesham aforesaid That all and singular the Parishoners intending the Reparation of any Church unrepaired according to the Rate and the Quality of their possessions having and occupying in same Parish might or ought to impose a Rate or Tax and also that the said Church mature deliberation being had thereof could not be repaired for lesse sum than Threescore and Ten pounds As also that the Church-wardens of the Parish Church of Haylesham aforesaid for the time being in the yeer of our Lord 1589. and two yeers then last past of and with the consent of all the Parishioners of Haylesham aforesaid or the greater or better number of the same A Rate according to the Quantity and Qualities of the possessions aforesaid and of the Rents within the said Parish being for the Reparation of the said Church of the possessions aforesaid or Rents in the said Parish of all and singular to be imposed and the same to be taxed had decreed and had appointed a day and place for the Rate and Tax aforesaid to be made And that of the same day in which the said Rate should be imposed notice was given to all the Parishioners aâ—oresaid as also to Forreiners having Lands Possessions or Rents in the Parish of Haylesham aforesaid and also in the publick Market there And that at the time and place appointed for the imposing of the aforesaid Tax or Rate those Church wardens as also the Parishioners of the said Parish to the Rate and Tax aforesaid to be made proceeded And the sum of 4. pence of every Acre of Land called Marsh-land as also the sum of 2. pence of lawful Mony of England of every Acre of Land called Vpland within the Parish of Haylesham aforesaid being for the Reparations of the aforesaid Parish Church by the havers and occupiers of the aforesaid Acres were imposed to be paid to the Church-wardens of the aforesaid Parish Church As also that the said William 30. Acres of Marsh called Marsh Ground and 100. Acres of Land called Vpland within the Parish aforesaid held and occupyed or Rents for the same then received And that the sum from the havers and occupyers of the possessions aforesaid or Rents within the aforesaid Parish of Haylesham aforesaid did not extend unto above the sum of 50. pounds of good and lawful Money of England according to the Rate and Tax aforesaid to be levied and collected under the name colour of their Office as before is said of upon the premises to answer unjustly bound And although the said William Jeffrey the matter aforesaid above contained in the spiritual Court aforesaid before the aforesaid spiritual Judge in his discharge of the premises often had pleaded alleged and the same with inevitable truth and good Witnesse offered to prove that he by the Law of the Land in form aforesaid ought not to be cited for the payment of the aforesaid sum upon him the said William Jeffrey for the Reparations of the Church of Haylesham aforesaid as before is said taxed and for
from the day of Easter in 15. dayes under his Seal c. And the Seals c. At which day here cometh the aforesaid Iohn Hunt by his Attorney aforesaid And upon this The same Iohn Hunt acknowledgeth here in the Court here that he would not further prosecute the same Thomas Gateley for any damages to him for the occasion of the taking and unjustly deteining of the Cattel aforesaid to be adjudged but all the said damages to him so to be adjudged willingly here in Court to the said Thomas Gateley doth remise and release Therefore the said Thomas Gateley of those damages be acquitted c. REPLEVIN Trinity Term Anno 36. Eliz. Rot. 1676. in the Common Pleas C. 1. part Archers Case Fol. 65. IOhn Smith Gent. was summoned to Answer to William Baldwin of a Plea wherefore he took the Cattel of the said William and them unjustly detained Essex against Gages and Pledges c. And whereupon The said William by Isaac Hamond his Attorney complaineth That the aforesaid John the 9th of January in the year of the Reign of the Lady the Queen that now is the 36th at Bocking in a certain place called the Meadow abutting upon the Common High-way leading from Braintree unto Pantforld in the County aforesaid against the North-East and upon the Lands of John Mott towards the South West took Cattel that is to say 26. Sheep of him the said William and them unjustly deteined against Gages and Pledges untill c. Whereupon he saith he is the worse and hath loss to the value of 40. pound and thereof he bringeth sute c. And the aforesaid John by Tho. Reynolds his Attorney cometh and defendeth the force and Injury when c. And as Bayliff of Joh. Kent gent. Son of Joh. Kent gent. deceased well acknowledgeth the taking of the Cattel aforesa in the place aforesa in which c. and justly c. Because he saith That the same place in which it is supposed the taking the Cattel aforesaid above to be done conteineth in it self 4. Acres of Pasture with the Appurtenances in Bocking aforesaid which 4. Acres of Pasture with the appurtenances at the time aforesaid in which c. Was the Soil and Freehold of the said John Kent the Son and because the Cattel aforesaid the time aforesaid in which c. were in the same then eating the grass and doing damage there The said John Smith as Bayliff of the aforesaid John Kent the Son doth well acknowledge the taking of the Cattel aforesaid in the place aforesaid in which c. and justly there so damage feisant c. And the aforesaid William Baldwin saith That the said John Smith as Bayliff of the said Iohn Kent the Son for the reason before alleged ought not to make Conusance of the taking of the Cattel aforesaid to be just Because he saith That long before the said taking aforesaid had One Iohn Archer Gent. was seised of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and he the said Iohn being thereof so seised before the aforesaid time of the taking aforesaid done that is to say the 8th day of January in the year of the Reign of the Lady the Queen that now is the 36th aforesaid gave license unto the said William to put his Cattel aforesaid into the aforesaid place in which c. to eat the grass there growing By vertue of which license the said William afterwards that is to say the said aforesaid 9th day of Ianuary in the 36th year aforesaid put his Cattel aforesaid in the place in which c. to eat the grass there growing which Cattel were in the said place in which c. eating the grass then growing in the same untill the said Iohn Smith the aforesaid 9th day of Ianuary in the year of the Lady the Queen that now is the 36th aforesaid at Bocking aforesaid in the aforesaid place called the Meadow took the Cattel aforesaid of him the said William and them unjustly deteined against Gages and Pledges untill c. As he above him complaineth without that that the aforesaid 4. Acres of Pasture with the appurtenances in which c. the time of the taking aforesaid done was the Soil and Freehold of the said John Kent the Son as the said William above hath alleged And this he is ready to aver Wherefore in as much as the said John Smith acknowlegeth the taking of the Cattel aforesaid in the aforesaid place in which The said William demands Judgement and his damages for the occasion of the taking and unjustly detaining of the same Cattel to be adjudged to him c. And the aforesaid John Smith as at first saith That the aforesaid 4. Acres of Pasture with their appurtenances in which c the time aforesaid in which c. were the Soil Freehold of the said J. Kent the Son as he before hath alleged And of this puts himself upon the Country and the said VVilliam Baldwin likewise And therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. Weeks 12. c. by whom c. and who neither c. to Recognize c. Because as well c. And afterwards the Process was continued between the aforesaid parties of the aforesaid Plea by juries put between them in respite here until this day that is to say from Easter-day in three Weeks in the yeer of the Reign of the said Lady the Queen that now is the 37th And now here at this day cometh as well the aforesaid William as the aforesaid John Smith by their Attornies aforesaid and the Jurors thereof impannelled being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Francis Archer was seized of the said 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee and held the same of one Thomas Wilson as his Manor of in the County aforesaid in Free Socage and that the said Francis Archer had issue one Robert Archer which Robert had then issue the aforesaid John Archer the Son and his Right and next Heir apparant Which aforesaid Francis Archer so of the aforesaid 4. acres of Pasture with the appurtenances being seized before the time in which c. that is to say the 25th day of November in the yeer of our Lord 1578. made his last Will and Testament in Writing and by the same his last Will Willed and Bequeathed the Tenements aforesaid with the appurtenances amongst other things as followeth Item I give and bequeath to Robert Archer my Son All that my Messuage or Tenement with the appurtenances called the Grey-hound with all and singular the Lands and Grounds which and whatsoever I had purchased and bought of one John Palmer as they are set lying and being in Bocking aforesaid To have and to hold the said
within the Borough aforesaid there is and time whereof the Memory of Man is not to the contrary there was a Usage and Custom That the Mayor and 12. chief Burgesses of the same Borough stood and were of the private Council of the Borough aforesaid and 24. of the other most discreet Burgesses of the Borough aforesaid for the time being to this chosen and sworn stood and were together with the aforesaid Mayor and 12. Chief Burgesses of Common Council of the Borough aforesaid for the regulating and government of the same Borough And that every such Burgesse who was chosen into the fellowship of the 24. Burgesses of the Common Council aforesaid before he was to be admitted to the said fellowship should take corporal Oath before the Mayor of the same Borough for the time being that he should carry himself well and honestly as well towards the Mayor of the Borough aforesaid for the time being and to them from time to time should shew Reverence and that he should maintein and uphold the Liberties and common Profit of the Borough aforesaid with his best Counsel and Advice And further we Certifie That every one of the aforesaid 12. Chief Burgesses from time to time chosen should be preferred by the Mayor of the Borough aforesaid or the rest of the aforesaid 12. Chief of the Burgesses or by the greater part of them for the time being only without the consent or assent of the aforesaid 24. the other Burgesses who are as before is said of the Common Counsel of the Borough aforesaid to this required And further we Certifie That the aforesaid James Bagg the first day of May in the yeer of the Reign of the Lady Elizabeth late Queen of England the 32th was duly chosen and appointed one of the aforesaid 24. of the Burgesses of the Common Council of the Borough aforesaid then being and the said first day of May in the 32th yeer aforesaid at Plymouth aforesaid took Corporal Oath before the Mayor of the Burrough aforesaid according to the antient Custom aforesaid That he the said James would carry him well honestly as wel towards the Mayor of the Borough aforesaid for the time being as towards the other 12. chief Burg. of the said Borough for the time being and to them from time to time would shew Reverence and the Liberties and Common profit of the Borough aforesaid would maintain and uphold with his best Counsel and advise And further to the Lord the King we Certifie That the aforesaid Borough of Plymouth is situate so neer to the shore and Sea Coasts That by reason thereof and by reason of the daily meeting there of Ships and Vessels there coming as well from the parts beyond the Seas as from elsewhere many ill minded men as well Allens within born of evil and perverse conversation contemners of good Government and disturbers of the Peace in the Ships and Vessels aforesaid thither coming in the Borough aforesaid and within the Liberties and Precincts of the same staying and remaining are daily found who can hardly be there brought to the obedience of good Rule and Government unlesse the Authority of the Mayor of the Borough aforesaid for the time being and of the other Chief Burgesses aforesaid with due reverence of the other Burgesses and Inhabitants of the said Borough be fortified and the Persons of the said Chief Burgesses and of the Mayor from the contempt of the vulger be preserved And further to the said Lord the King we certifie That the aforesaid James Bagge not ignorant of the premises little regarding his Oath aforesaid and the Authority as well of the Mayor of the Borough aforesaid for the time being as his late Predecessors aforesaid as the other the Chief Burgesses of the Borough aforesaid setting naught by and labouring and intending to bring the same Authority into contempt The first day of May in the yeer of the Reign of the Lord the King that now is the 6th the said James being then one of the Common Counsel of the Borough aforesaid and one of the Chief Burgesses of the same Burough in the presence of one Robert Trelawny then being Mayor of the Burrough aforesaid and of many other of the Inhabitants of the Burrough aforesaid at Plymouth aforesaid within the Burrough aforesaid contemptuously and malapartly carried himself as well in gesture as in words toward the Mayor aforesaid and then and there to the aforesaid Robert Trelawny contemptuously and scoffingly without any reasonable cause these words following openly and publickly said and spake that is to say You the aforesaid Robert Trelawney intending are some Prince are you not And further to the said Lord the King we certifie That afterwards that is to say the first day of February in the yeer of the Reign of the Lord the King that now is the 7. the aforesaid James Bagge continuing his evil disposition and intention aforesaid at Plymouth aforesaid in the presence and hearing of the aforesaid Robert Trelawny then being a Justice of the Peace of the aforesaid Lord the King within the Burrough aforesaid to be kept by reason of Mayrolty of the Burrough aforesaid the yeer then last past by virtue of the Letters Patents aforesaid and in the presence and hearing of very many other of the Inhabitants of the Burrough aforesaid openly publickly and with a loud voice without any reasonable cause these words following contemptuously falsly and scandalously said and spake that is to say you the aforesaid Trelawny intending are a Cosening Knave whereas in truth the said Robert Trelawny all his life time honestly and from all suspition of any falsity fraud or deceit lived altogether unspected and in the Offices as well of the Mayriolty as of Chief Burgesse of the Burrough aforesaid with praise carried and governed himself And further to the said Lord the King we do Certifie That the 20th day of November in the yeer of the Reign of the said Lord the King that now is the 7th The aforesaid James Bagge continuing his evil disposition and intent aforesaid at Plymouth aforesaid seditiously and malitiously stirred up and perswaded one Thomas Shervil then being of the Chief Burgesses of the Burrough aforesaid That he the said Thomas would joyn himself with the aforesaid James Bagge in a conspiracy to amove and depose One John Battersby then being Mayor of the Burrough aforesaid from his Office of Mayriolty without any reasonable or lawful cause and then and there malitiously and contemptuously spake to the aforesaid Thomas Shervill of the aforesaid Thomas Battersby these words following that is to say Master Mayor the aforesaid John Battersby intending carrieth himself foolishly in this place And if you will joyn with me we will turn him out of his Mayriolty and choose a wiser Man in his place Whereas in truth the aforesaid John Battersby during the whole time of his Mayriolty aforesaid in the executing of his Office aforesaid carried himself well and discreetly and with great
Integrity and gravity And further to the said Lord the King we Certifie That afterwards that is to say the first day of February in the yeer of the Reign of the said Lord the King that now is the 8th the aforesaid James Bagg continuing in his evil disposition and intent aforesaid at Plymouth aforesaid in the Guild-hall of the Borough aforesaid in the presence of one Thomas Fowens then being Mayor of the Borough aforesaid in the presence and hearing as well of the Chief Burgesses as of the other Inhabitants of the Borough aforesaid scornfully and without reasonable cause spake to the aforesaid Thomas Fowens these false and injurous words following that is to say Thou the aforesaid Thomas Fowens then Mayor intending art an Insolent Fellow whereas in Truth the said THOMAS in the whole course of his Life bore himself towards all Men Honestly Civily and with Praise And further to the said Lord the King we certifie that the afterwards that is to say the first day of August in the yeer of the Reign of the said Lord the King that now is the 9th at Plymouth aforesaid in the presence and hearing of the aforesaid Thomas Fowens and of very many other of the Burgesses of the Burough aforesaid being gathered together in the Guild Hall of the Burough aforesaid the aforesaid James Bagg continuing his evil disposition and intent aforesaid divers contemptible words of the aforesaid Thomas Fowens then being Mayor of the Burrough aforesaid with a loud voice spake and uttered upon which the aforesaid Thomas Fowens with mild words admonishing the aforesaid James Bagg that he would desist from uttering such contemptible words aforesaid the aforesaid James Bagg thereupon then and there that is to say the 10th day of August in the 9th yeer abovesaid at Plymouth aforesaid and in the presence and hearing of the aforesaid Thomas Fowens then Mayor of the Burrough aforesaid and very many other of the Burgesses and Inhabitants of the Burrough aforesaid and in contempt and disdain of the said Thomas Fowens then Mayor turning the hinder part of his Body in an unhumane and uncivil manner towards the aforesaid Thamas Fowens scoffingly contemptuously and uncivily with a loud voice said to the aforesaid Thomas Fowens these words following that is to say come and Kâ—ss And further to the said Lord the King we certifie that afterwards that is to say the 20th day of August in the yeer of the Reign of the Lord the King that now is the 19th at Plymouth aforesaid the aforesaid James Bagg with most arrogant words threatned the said John Fowens then being Mayor oâ— the Burrough aforesaid without any reasonable cause and then and there to the said John Fowens threatningly and malitiously spake the words following that is to say I will make thy neck crack And further to the said Lord the King we certify that afterward that is to say the third day of May in the yeer of the Reign of the Lord the King that now is the 12th A certain Order and friendly Instrument of admonition was made by Iohn Scobb Mayor of the Burrough aforesaid and the greater part of the Chief Burgesses of the same Burrough in these words that is to say The 9th day of May 1614. the day and year above written It was agreed by John Scobb Mayor and such other of the Maisters here under written that if Mr. Iames Bagg the Elder do not before the next sâ—ssions to be holden within the Burrough of Plymouth Reconcile himself to the said Mayor and his brethren for such wrongs as he hath committed against them and withall faithfully promise to demean himself more orderly temperately for the time to come that then he shall be clean removed from the Bench and a new Master chosen in his Room which Order or Instrument was made and subscribed by the said Mayor and other of the Chief Burgesses of the Burrough aforesaid And further to the said Lord the King we Certifie That the aforesaid James Bagg before the aforesaid next sessions in the Order aforesaid mentioned did not make any such reconciliation or promise of Conformity as in the Order aforesaid is specified although full notice of the aforesaid Order immediately after the making thereof before the aforesaid next sessions was given to him at Plymouth aforesaid And further to the said Lord the K. we Certifie that afterwards that is to say the 20th day of Febr. in the yeer of the Reign of the said Lord the K. that now is the 12th the afores Jam. Bagg continuing his evil dispositioÌ„ in his intent aforesaid at Plymouth afores in the Guild-hall of the Borough aforesaid in the presence hearing of John Scobb one of the Chief Burgesses of the Borough aforesaid And then being a Justice for the keeping of the Peace within the Borough aforesaid by virtue of the Letters Patents aforesaid by reason of his Mayralty of the Borough aforesaid the yeer then next before and in the presence and hearing of the then Mayor of the Borough aforesaid and of diverse other of the Burgesses and Inhabitants of that Borough contemptuously these words following spake uttered of the aforesaid John Scobb openly and publickly falsely and scandalously that is to say You the aforesaid John Scobb intending are a Knave whereas the aforesaid John Scobb honestly and with praise carried and governed himself And further to the said Lord the King we Certifie That afterwards that is to say the 10th day of December last past then the Mayor of the said Borough and diverse of the Chief Burgesses of the Borough aforesaid at Plymouth aforesaid being assembled together in the Almes-house of the said Borough to require and receive an Account of the Overseers of the Borough of the Borough aforesaid as in times past and time whereof the Memory of Man is not to the contrary it was used the aforesaid James Bag then and there in the presence and hearing of the said Mayor and other of the Chief Burgesses aforesaid without any reasonable cause openly and publickly sayd to the said Thomas Shervill there then present and one of the Chief Burgesses of the Burrough aforesaid and for the space of 10. yeers then last past being these false and scandalous words following that is to say You the said Thomas Shervill intending are a seditious Fellow whereas in Truth the aforesaid Thomas Shervill alwaies lived not suspected of any such crime of Sedition and from time in the Office of Mayor of the Burrough aforesaid as in the place and Office of Chief Burgesse Honestly Discreetly and with great Integrity carried and governed himself And further to the said Lord the King we Certifie That whereas the said Lord the King the day of January in the 12th yeer of his Reign aforesaid at Westminster in the Counâ—y of Middlesex with the Advise of the Lords of his Privy Council of this his Realm of England Ordained and Commanded by publick Proclamation and by Letters written under
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 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
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
Maunsfield exercised and from thence hitherto do exercise and enjoy and all and singular Wages Fees Commodities Profits to the said Office due and by reason of the exercising of the said office within the Manor of Maunsfield aforesaid of right belonging to their own use had and took and the said Earl to exercise the said Office within the aforesaid Manor of Maunsfield and the Wages Fees and Profits to the said Office of right belonging and from the whole time whereof the memory of Man is not to the contrary to have and take with force and Arms then and there hindred and as yet doth hinder and other harms to him c. to the great damage c. and against the peace c. and whereupon he saith that he is the worse and hath damage to the value of 100. pound and thereof bringeth sute c. And the aforesaid Robert and Thomas by William Cragg their Attourny come and defend the force and injury when c. and say that they are not guilty of the Trespass aforesaid as the aforesaid Earl above against them complaineth and of this put themselves upon the Country and the aforesaid Earl likewise therefore it is commanded to the Sheriff that he cause of come here from the day of the Holy Trinity in 3 weeks 12 c. by whom c. and who neither c. to recognize c. because aswell c. Afterwards the day and place within contained before Peter Warberton one of the Justices of the Lord the King of the bench and Thomas Foster another of the Justices of the said Lord the King of the Bench Justices of the said Lord the King to Assises in the County of Nottingham to be taken by form of the Statute c. come aswell the within named Roger Earl of Rutland as the within named Robert Spencer and Thomas Woldwood by their Attorneys within contained And the Jurors of the Jury whereof within is made mention being called some of them that is to say Edward Bould of Holloughton Esquire Edward Coppinger of Francfield Esquire George Hutchinson of Balford Gent. Francis Hollingworth of Stapleford Gent. VVilliam Gresley of the same Nicholas Hamond of Lound Gent. Anthony VVhitwell of VVeyston Gent. Joh. Sturtevant of Calverton Gent. Richard Griggs of Gringly up the Hill and John Seywell of Normanton against Plumtree come and are sworn Jurors of the Jury aforesaid and because the rest of the Jurors of that Jury did not appear therefore others of the standers by chosen by the Sheriff of the County aforesaid at the request of Roger Earl of Rutland and by the command of the Justices aforesaid of new are added whose names are fyled to the Pannel within written according to the form of the Statute in such case made and provided and the Jurors of new added that is to say John Hutten and John Templemem likewise come who to say the truth of the premises with the other Jurors aforesaid first impannelled chosen tryed and sworn say upon their Oath That the Lady Elizabeth late Queen of England was seised in her demesn as of Fee in right of her Crown of England of and in the Manor of Maunsfield in the County of Nottingham and of and in the Manor of Bolsover and Horsley in the County of Derby and so thereof being seised the 14th day of June tn the year of her Reign the 42th By her Letters Patents under the great Seal of England sealed and to the Jurors aforesaid shewed in evidence graunted to the aforesaid Earl of Rutland 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 office of Steward of the Lordships or Manors aforesaid with the Wages and Fees to the said Office of old due and accustomed as in the said Letters Patents is contained the Tenor of which followeth in these words Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. To all to whom these present Letters shall come Greeting Know ye that we of our special Grace and of our certain Knowledge and meer Motion have given and granted and by these presents for us our Heirs and Successors do give and grant to our Well Beloved Cosin Roger Earl of Rutland the Office of Constable of our Castle of Nottingham and Keeper oâ— the Gates of the said Castle as also the Office of Steward Keeper Guardian and Chief Justice of our Forrest of Sherwood and our Parks of Billow Birkland Romwald Owseland Folwood Beskwood and Clipson with their Aupurtenances in the said County of Nottingham and him the said Roger Earl of Rutland Constable of our Castle aforesaid and Keeper of the Gates of the said Castle as also Steward Keeper and Justice Itinerate of the Forests and Parks aforesaid we â—o make ordain and constitute by these presents giving and granting to the said Roger Earl of Rutland by the Tenor of these presents full power and authority All and all manner oâ— Pleas Quarrels and Causes within the Forest and Parks aforesaid or any of them arising according to the Law and Custom of the Forest to hear and determine To have enjoy use and exercise the Offices aforesaid and every of them To the aforesaid Roger Earl of Rutland by him or by his sufficient Deputy or Deputies from the time of the full age of 21. yeers 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 power in the said Offices to make and appoint all Officers of old due and accustomed and for the exercising and occupation of the Office aforesaid we give and grant by these presents to the aforesaid Roger Earl of Rutland the Wages and â—ee of 40. Marks by the year from the time of the full age of 21. years of the said Earl to the Term and for the whole natural life of the said Earl of Rutland As also an Annuity or yeerly Rent of 9. pound from the time of the full age of the said Earl to the Term for and during the whole Term of the natural life of the same Earl of Rutland for the Wages or Stipends of 9. Foresters assigned by him the said Earl to keep the Forest aforesaid To be taken yearly to be received the said Wages and Fee of 40. Marks from the Treasury of us our Heirs and Successors at the Receipt of our Exchequer at Westminster by the Hands of our Treasurer or Chamberlains or anâ— oâ— their Hands for the time being at the Feast of Saint Michael the Archangel and Easter by even portions And also the said Annuity or yearly Rent of 9. pound for the Wage and Stipend of the aforesaid Roger Earl of Rutland from the time of the full age of 21. years of the said Earl to the Term and for and during the whole Term of the natural life
same day and year and afterwards that is to say the 27th day of the same Moneth of January in the year 44th aforesaid before the said Lady the Queen in her Chancery of Record inrolled for and in Consideration of 10. shillings to the said William and Ralph By the Right Honourable Gilbert Earl of Shrewesbury and Mary his Wife paid granted aliened bargained and sold the aforesaid Manor of Maunsfield with the Appurtenances to the aforesaid Earl of Shrewesbury and Mary his Wife To have and to hold the said Manor with the Appurtenances to the aforesaid Earl of Shrewesbury and Countesse and to their Heirs for ever By virtue of which as also by force of an Act in Parliament of the Lord Henry late King of England the 8th in the year of his Reign the 27th holden made the aforesaid Earl of Shrewesbury and Countess were of the aforesaid Manor of Maunsfield with their Appurtenances seised in their Demesn as of Fee And the Jurors further say upon their Oath aforesaid That the aforesaid Earl of Shrewesbury and Countess so as before is said being seised Afterwards that is to say the 16th day of February in the yeer of the Reign of the said late Queen the 44th in the Declaration above specified One Simon Stern then being Deputie of the aforesaid Earl of Rutland for the exercising the said Office of Steward of the aforesaid Manor of Maunsfield came to the Town of Maunsfield to the usual place there where the Court of the Manor of Maunsfield aforesaid was commonly holden and kept to keep the Court Baron of the said Manor of Maunsfield aforesaid And the aforesaid Thomas Woodward came thither to keep the Court of the said Manor as Steward for the aforesaid Gilbert Earl of Shrewsbury and that the aforesaid Thomas Woodward as Steward of the aforesaid Earl of Shrewsbury and the aforesaid Simon Stern as Deputy of the aforesaid Earl of Rutland to the place aforesaid both together came And the said Simon Stern as Deputy of the said Earl of Rutland Commanded the Bayliff of the same Manor to make Proclamation for the holding of the Court Baron of the said Manor by him the said Simon Stern as Deputy of the aforesaid Earl of Rutland then to be holden And the aforesaid Thomas VVoodward as Steward of the aforesaid Earl of Shrewsbury likewise Commanded the Bayliff of that Manor that he make Proclamation for the holding of the Court Baron of the Manor aforesaid by him the said Thomas VVoodward as Steward of the aforesaid Earl of Shrewsbury But no Court then was holden but by the said Thomas VVoodward it was then adjorned And from thence until the bringing of the aforesaid Original Writ The aforesaid Thomas VVoodward and Steward of the aforesaid Gilbert Earl of Shrewsbury kept the Courts of the Manor aforesaid and allwayes from thence he the said Thomas Woodward and the aforesaid Robert Spencer Received all the Fees belonging to the Steward there as they became due And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It sahll seem to the Court here that the aforesaid Robert Spencer and Thomas VVoodward are guilty of the Trespass within written Then the Jurors say upon their Oath aforesaid That the aforesaid Robert Spencer and Thomas Woodward are guilty of the Trespasse within written as the said Roger Earl of Rutland within against them complaineth And then they assesse the Damages of the said Roger Earl of Rutland above his costs and charges by him about his Sute in this behalf expended to Forty pound and for his costs and charges to Twelve pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid Robert Spencer and Thomas Woodward are not guilty of the Trespasse within written Then the Jurors say upon their Oath aforesaid That the aforesaid Robert Spencer and Thomas Woodward are not guilty of the Trespass within written as the said Robert and Thomas within have alleged And because c. TRESPAS Michaelmass Term Anno 10. of King JAMES Rot. 574. in the KINGS-BENCH Co. 10. part The Case of Suttons Hospital Fol. 1. MEmorandum that at another time that is to say Trinity Term Middle past before the Lord the King at Westminster come Simon Baxter Gent. by George Cuppledick his Attorney and brought here in the Court of the said Lord the King then and there his Bill against Richard Sutton Esq and John Law Gentleman 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 Middlesex ss Simon Baxter Gentleman complaineth of Richard Sutton and John Law in the Custody of the Marshal of the Marshalsey being before the King himself For that That they The 30th day of May in the year of the Reign of the Lord JAMES now King of England the 10th with force and Arms the Close and House of him the said Simon that is to say A Capital Messuage with the Appurtenances called The late dissolved Charter-House besides Smith-Field at the Parish of Saint Sepulchre in the County aforesaid they brake and entred and other harms to him did against the Peace of the Lord the King that now is to the damage of the said Simon 40. pound and thereof he bringeth Sute And now at this day That is to say Friday next after 8. days of Saint Michael this Term until which day the aforesaid Richard and John had license to imparl to the said Bill and then to answer c. before the Lord the King at Westminster come as well the aforesaid Simon by his Attorny aforesaid as the said Richard and John by Thomas Heyward their Attorny And the said Richard and John defend the force and injury when c. And say that they are not guilty and of this put themselves upon the Country and the said Simon Baxter likewise Therefore a Jury was to come thereof before the Lord the King at Westminster Saturday next after 8. days of Saint Hillary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid of the Plea aforesaid by Jurors were put by them in respite until Monday next after the Morrow of the Purification of the blessed Mary then next following for default of Jurors c. At which day before the Lord the King at Westminster come as well the aforesaid Simon Baxter as the aforesaid John Sutton and John Law by their Attornies aforesaid And the said Jurors being called come who to say the truth of the premises chosen tryed and sworn say upon their Oath That one Thomas Sutton Esquire long before the time in which the Trespass aforesaid is supposed to be done was seized of and in all those Manors and Lordships of Southminster Norton Little Hallingbury otherwise Hallingbury Bowchers and Muchstanbridge in the County of
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