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A33635 The declarations and other pleadings contained in the eleven parts of the reports of Sir Edward Coke, Knight, sometime Lord Chief Justice of England and one of His Majesties Council of Estate rendred into English by W. Hughes of Grayes-Inne, Esquire, for the benefit of all students and practizers of the common law ; with a perfect table of the principal matters thereunto annexed.; Reports. English. Selections Coke, Edward, Sir, 1552-1634.; Hughes, William, of Gray's Inn. 1659 (1659) Wing C4917; ESTC R7332 498,043 418

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Forset my Chaplain Overseers of this my present Testament I ordain and appoint John Wakering Master of the Hospital of St. Bartholomew aforesaid To which my Executors and Overseer above named I give the rest of all and singular my Goods and Chattels which shall remain by me not distributed disposed nor bequeathed in this last Will faithfully and speedily to be distributed for my Soul Willing That the said Executors and Overseer according to their discretions and Consciences take of my goods what is reasonable for their pains And that my present Testament and last Will before written be as speedily as conveniently it may be by my Executors performed and executed as in the fearful day of the last Judgement for me and them before the most High Judge who is ignorant of nothing they will answer In witnesse whereof to this my present Testament indented containing my last Will I have set my Seal Dated the day year aforesaid And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid William Bramptou of the said Messuage and 6. Acres of Pasture parcel c. amongst other c. as is before said so being seised The said John Barton the Elder afterwards at Buck aforesaid dyed After the death of the said John Barton the Elder the aforesaid William Brampton was seised of the Messuage aforesaid and 6. Acres of Lands aforesaid parcel c. in his Demesn as of Fee To the several uses and intents in the aforesaid last Will of the aforesaid John Barton the Testator above expressed And that the said Iohn Barton the younger after the death of the said Iohn Barton the Testator into the aforesaid Messuage and 6. Acres of Pasture with the Appurtenances parcel c. entred and the Rents and profits thereof yearly after the death of the said Iohn Barton the Testator arising for and during the life of him the said Iohn the younger took and had and the same to the uses intents and appointments in the said Testament and last Will thereof limitted and appointed during the life of the said Iohn the younger did convert apply and pay And afterwards and before the time in which c. The said Iohn Barton the younger at Buck aforesaid dyed After whose death of the said Iohn Barton the younger the aforesaid William Brampton was seised of the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee unto the uses and intents in the aforesaid last Will of the said Iohn Barton the Testator before expressed to be performed And that the said Margaret and Isabel after the death of the said John Barton the younger into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the death of the said John Barton the younger arising for and during the lives of the said Margaret and Isabel and the longer liver of them took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Testator declared limitted and appointed during the lives of the said Margaret and Isabel applyed converted and payed and the longest liver of them did apply convert and pay And afterwards and before the time in which c. The aforesaid Margaret and Isabel at Buckingam aforesaid dyed After the deaths of which Margaret and Isabel The said William Brampton was seised in his Demesn as of Fee of and in the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the Appurtenances to the uses and intents in the aforesaid last Will of the aforesaid John Brampton the Elder the Testator expressed to be fulfilled And that the said William Fowler in the Testament aforesaid named had issue of his body lawfully begotten one Richard Fowler and the said William Fowler after the deaths of the said Margaret and Isabel into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the deaths of the said Margaret and Isabel arising for and during the life of the said William Fowler took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed during the life of the said William Fowler applyed converted and payed And afterwards the 6 th day of July in the yeer of the Reign of King Henry the 6 th the 30 th The said William Fowler at Buckingham aforesaid dyed after whose death of the said William Fowler the aforesaid William Brampton was seized of and in the said Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee to the uses intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed to be fulfilled And that the said Richard Fowler had issue of his body lawfully begotten one Edward Fowler and the said Richard Fowler after the death of the said William Fowler into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and profits therof yeerly after the death of the said William Fowler arising for and during the life of the said Richard Fowler took and had and t●e same to the uses intents and appointments in the said Testament and last Will of the said John Barton the Elder the Testator during the life of the said Richard Fowler applyed converted and payed that is to say until the 3 d. day of November in the yeer of King Edward the 4 th after the Conquest of England the 7 th which said 3d. day of November the aforesaid Richard Fowler at Buckingham aforesaid dyed After the death of which Richard aforesaid the aforesaid Wil. Brampton was of the Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances seized in his Demesn as of Fee to the uses and intents in the Testament aforesaid of the said John Barton the Testator limitted and declared to be fulfilled And that the said Edward Fowler had issue of his body lawfully begotten one Gabriel Fowler and the said Edward after the death of the said Richard Fowler into the aforesaid Messuage and 6. Acres of Lands parcel c. with the appurtenances entred and the Rents and Profits thereof yeerly after the death of the said Richard Fowler arising for and during the life of the said Edward took and had and the same to the uses intents and appointments in the said Testament and last Will declared and limitted Until the 4 th day of February in the yeer of the Reign of King Henry the 8 th the 27 th applyed converted and payed which said 4 th day of February by virtue of a certain Act of Parliament at Westminster in the County of Middlesex for transferring of uses into
unto him Which being read and heard The said Richard saith That in the Record and Processe aforesaid and in the giving of the Judgement aforesaid it is in nothing erred and prayeth That the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer do proceed aswell to the Examination of the Record and Processe as to the aforesaid matters for Errors alleged according to the form of the Statute aforesaid And the aforesaid Attorny of the said Lady the Queen saith as above and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurey will avise themselves of and upon the premises before they give their Judgement thereof day is given here to the abovesaid Richard Bushop in the Chamber aforesaid until the next day after Tuesday falling the 3d. day of May to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer into the Chamber aforesaid the said Richard Bushop comes by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the first Tuesday following the Term of the Holy Trinity to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the Term of Michael next comming to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid did not come But John Popham Knight and Edward Anderson Knight Chief Justices of each Bench come at the same day and then are there present according to the form of the Statute in such case made And the aforesaid Richard Bushop in the Chamber aforesaid comes by his Attorny aforesaid before the said Justices And the aforesaid Business and Sute of Errors by the said Justices is adjorned and continued by virtue of the said Statute until Tuesday next And the same day is given to the aforesaid Richard Bushop to hear their Judgement thereon c. At which day before the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp in the Chamber aforesaid until Tuesday falling the 8th of November following to hear their Judgement thereof c. At which day before the aforesaid Lord Treasurer and the aforesaid Chief Justices present in the Chamber aforesaid comes the aforesaid Richard Bushopp by his Attorny aforesaid and because for the absence for the aforesaid Lord Keeper of the Great Seal in the aforesaid Businesse and Sute of Error it cannot be proceeded the same cause is continued and adjorned by them the Lord Treasurer and Chief Justices by virtue of the Act aforesaid made until Tuesday falling the 22th day of November then next following in the Chamber aforesaid And the same day is given to the aforesaid Richard Bushop in the same Chamber to hear his Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Justices in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid the aforesaid Lord Treasurer there then not comming the Business and Sute of Errors aforesaid is continued and adjorned by them the Lord Keeper of the Great Seal and the Chief Justices by virtue of the aforesaid Act thereof made until the second Tuesday in the Term of St. Hillary then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof At which day the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer came not in the Chamber aforesaid but the aforesaid Chief Justices of each Bench came into the same Chamber and are there present And the aforesaid Richard Bushop at the same day in the Chamber aforesaid before the said Justices likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of Easter next following And the same day is given to the aforesaid Richard Bushopp in the Chamber aforesaid to hear their Judgement c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Chief Justices comes here the aforesaid Richard Bushop in the Chamber aforesaid by his Attorny aforesaid and the said Lord Treasurer then and there not comming the aforesaid Business and Sute of Errors is continued and adjorned by the Statute aforesaid thereof made further until the last Tuesday of the aforesaid Term of Easter in the Chamber aforesaid and the same day is given to the aforesaid Richard Bushop in the Chamber aforesa to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer aforesaid come not But the aforesaid Chief Justices come into the same Chamber and are there present And the aforesaid Richard Bushop likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors by them is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of the Holy Trinity then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer then and there come not the aforesaid Business and Sute of Erors is continued and adjorned according to the form of the Statute thereof made further until Tuesday the 4th day of July in the same Term of the Holy Trinity the same day is given to the aforesaid Ric. Bushop in the Chamber aforesaid to hear his Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Ric Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal Lord Treasurer come not therfore the aforesaid Business Sute of Errors is
defendeth the force and injury when c. And doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. Because he saith That the said place in which it is supposed the taking of the Cattel aforesaid to be done contained in it self One Acre and half of Land with the Appurtenances in Ipping aforesaid And that long before the aforesaid time in which c. One John Bettisworth was seized of and in One Messuage and a Garden 12. Acres of Land and one Acre of Wood with the Appurtenances in Ipping aforesaid whereo● the aforesaid place in which c. is and the aforesaid time in which c. from the time whereof the Memory of Men is not to the contrary was parcel in his demesn as of Fee And so thereof being seized the said John long before the aforesaid time in which c. that is to say the 20th day of March in the yeer of the Reign of the Lady the Queen that now is the 11th at Ipping aforesaid by his Indenture made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward by the name of John Hayward of the same Parish and County Husbandman of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the s●id Tenements with the Appurtenances to the said John Hayward and his Assignes from the Feast of the Annuntiation of the blessed Mary the Virgin then next following until the end and Term of 21. years from thence next following and fully to be compleat and ended Yielding and paying therefore yeerly during the sayd Term to the aforesaid Iohn Bettisworth and his Assignes 12. pence at the Feast of Saint Michael the Archangel or within 10. dayes next after the said Feast By virtue of which Demise the said John Hayward in the Tenements aforesaid with the Appurtenances entred and was thereof possessed the Reversion thereof to the said John Bettisworth and his Heirs expectant And the said John Hayward so of the Tenements aforesaid with the Apputtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seized in his demesn as of Fee The said Iohn Bettisworth before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th At Ipping aforesaid dyed of such his Estate of the Reversion and Rent aforesaid with the Appurtenances whereof c. seized without issue of his Body begotten After whose death the said Reversion of the Tenements aforesaid with the Appurtenances whereof c. descended to the said Thomas Bettisworth as Brother and Heir of the said John Bettisworth By which the said Thmas was seized of the aforesaid Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid in his Demesn as of Fee And because 12. pence of the Rent aforesaid for one whole yeer after the death of the aforesaid John Bettisworth ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 19th to the said Thomas the aforesaid time in which c. was behind and not paid the said Thomas doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with their Appurtenances to the aforesaid John Hayward in form aforesaid demised and justly c. for the said 12. pence of the Rent aforesaid to him the said Thomas so being behinde c. And the aforesaid John Hayward saith That the aforesaid Thomas for the reason before alleged ought not avow the taking of the cattel aforesaid in the place aforesaid in which c. to be just because he saith That well and true it is That the aforesaid John Bettisworth was seized of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee And so thereof being seized demised to the said John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold to the said John Hayward for the aforesaid Term of the aforesaid 21. yeers as the aforesaid Thomas above alleged But the said John Hayward saith That the aforesaid John Bettisworth of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. in his demesn as of Fee in form aforesaid being seized before the afor●said time in which c. into the Tenements aforesaid with the Appurtenances whereof c. upon the possession of him the said John Hayward thereof entred and him the said John from his possession did expel and amove And immediatly after of the said Tenements with the Appurtenances whereof c. enfeoffed one William Bettisworth To have and to hold the said Tenements with the Appurtenances whereof c. to the said William and his Hers and Assignes for ever By virtue of which Peoffment the aforesaid William was seized of the same Tenements with the Appurtenances whereof c. in his demesn as of Fee upon the which possession of the said William Bettisworth thereof the said John Hayward afterwards and before the aforesaid time in which c. claiming his Term aforesaid of and in the Tenements aforesaid with the Appurtenances whereof c. into the said Tenements with the Appurtenances whereof c re-entred and was thereof possessed and so thereof being possessed The said John Hayward before the aforesaid time in which c. put the Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same then growing Which Cattel were in the said place in which c. eating the grasse in the same then growing until the aforesaid Thomas the Day and Yeer in the Declaration aforesaid above specified At Ipping aforesaid in the aforesaid place called Raynolds took the Cattel of him the said John Hayward and them unjustly deteined against Gages and Pledges until c. as he above against him complaineth Without that that the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as the aforesaid Thomas above hath alleged And this he is ready to aver wherefore in as much as the aforesaid Thomas the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John Hayward demandeth Judgement and his damages by the occasion of the taking and unjust deteining of the said Cattel to be adjudged unto him c. And the aforesaid Thomas as at first saith That the aforesaid J. Bettisworth dyed of the Reversion of the Tenemēts aforesaid with the Appurtenances whereof c. and of the Rent aforesaid seized as he above alleged and of this puts himself upon
the Country and the said Iohn Hayward likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Easter in 5. weeks 12. c. by whom c. And who neither c. To Recognize c. Because as wel c. At which day here came the Parties c. And the Sheriff sent not the Writ Therefore as before It is cmmanded to the Sheriff that he cause to come here 12. c. in the Morrow of the Holy Trinity To recognize c. At which day here cometh the parties And the Sheriff sent not the Writ Therefore it is commanded the Sheriff as at first That he cause to be here the morrow of Saint Martin 12. c. to Recognize in the form aforesaid At which dayes come the Parties and the Sheriff sent not the Writ Therefore as at first it is commanded the Sheriff that he cause to come here 12. c. 8. dayes of St. Hillary c. To Recognise c. in the form aforesaid c. At which day the Parties come c. and the Sheriff sent not the Writ c. Therefore as at first it is comman●ed to the Sheriff that he cause to come here from Faster day 15. dayes 12. c. to Recognize in form aforesaid c. at which day here come the Parties c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded the Sheriff that he cause to come here in the morrow of the holy Trinity 12. c. to Recognize in form aforesaid c. At wch day the parties come here c. and the Sheriff sent not the Writ c. Therefore as at first it is commanded to the Sheriff that he cause to come here in the morrow of Saint Martin 12. c. to Recognize in form aforesaid c. At which day the Parties come here c. and the Sheriff sent not the Writ Therefore it is commanded the Sheriff that he cause to come in 8. days of Saint Hillary 12. c. to Recognize in form aforesaid At which day the Parties come and the Sheriff sent not the Writ And so several Venire Facias were award to the Sheriff from Term to Term to return Jurors at a day every of the said Term as at first and the parties come at the said dayes and the Sheriff sent not the Writ as in the Rolls upon Record appeareth And Process was continued between the Parties aforesaid of the Plea aforesaid by Jurors put in respite untill this day that is to say in days of St. Michael in the year of the Reign of the Lady the Queen that now is the 31. Unless the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. upon Wednesday the 27th of Iune at East Greinstead in the County aforesaid first should come And now at this day as wel the aforesaid John Heyward as the aforesaid Thomas Bettisworth come by their Attorneys aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record in these words Afterwards the day and place within contained before Robert Clarke one of the Barons of the Lady the Queen of her Exchequer and Iohn Puckering one of the Serjeants at Law of the Queen Justices of the said Lady the Queen to take Assizes in the County of Sussex Assigned by the form of the Statute c. come as well the within named Iohn Hayward by William Siday his Attorney as the within written Thomas Bettisworth by John Lyons his Attorney And the Jurors of the Jury whereof within mention is made being called some of them that is to say Edward Pickham William Ayles Thomas ●etley William ●revet Edmond Gray Iohn Lock Iohn Capron and John Andrew appeared and was sworn Jurors in the said Jury And because the rest of that Jury did not appear others of the standers by chosen by the Sheriff at the request of the aforesaid Thomas Bettisworth And by the command of the Justices aforesaid were new put to them whose n●mes to the Pannel within written are filled according to the form of the Statute in such case of late made and provided The names of which Jurors so put to that is to say John Pitte Thomas Bayley William Leefe and Thomas Aglewyn come and to say the truth of the matter within contained together with the Juros first impannelled and sworn chosen tryed and sworn say upon their Oath That one John Bettisworth was seized in his Demesn as of Fee of and in the within written Messuage and Garden witht the Appurtenances in Iping within written whereof the within written place in which c. and at the within written time in which as also time whereof the memory of man is not to the contrary was parcel And further the Jurors say upon their Oaths aforesaid that the aforesaid place in which c. doth contain and the aforesaid time in which c. did contain in it ●elf one Acre and half an Acre of Land and called by the name of Rainolds and is and the aforesaid time in which c. as also time whereof the memory of men is not to the contrary was a several Close by it self separately inclosed and further the Iurors say upon their Oath That the aforesaid John Bettisworth so thereof as before is said being seized Afterwards that is to say the 20th day of March in the year of the Reign of the Lady the Queen that now is the 11th at Iping afo●esaid By his Indenture within written made between the aforesaid John Bettisworth of the one part and the aforesaid John Hayward of the other part demised granted and to farm let to the aforesaid John Hayward the Tenements aforesaid with the Appurtenances whereof c. To have and to hold the said Tenements with the Appurtenances whereof c. to the aforesaid John Hayward and his Assigns from the Feast of the blessed Mary the Virgin then next following unto the end and term of 21. years then next following fully to be compleat and ended Yielding and paying therefore yearly to the aforesaid John Bettisworth and his Assigns 12. d. At the Feast of St. Mich●el the Archangel or within 10. days next after the said Feast By vertue of which Demise the said John Hayward into the Tenents aforesaid with the Apurtenances whereof c. entred and was thereof possessed the reversi●n thereof to the aforesaid John Bittesworth and his Heirs expectant And he the said John Heyward of the Tenements aforesaid with the Appurtenances whereof c. being possessed and the aforesaid John Bettisworth of the Reversion thereof and of the Rent aforesaid being seis●d in Demesn as of Fee The said Iohn Bettisworth into the aforesaid Close in which c. called Rainolds in the poss●ssion of the said Iohn Heyward entred and there immediatly after sealed and delivered as his Deed a certain Deed containing a Feoffment
thereof it is recited and specified above alleged which matter the aforesaid Henry Lindley doth not deny nor to the same any waies answereth but that averment to admit utterly refuseth the said Attorny General of the said Lord the King that now is for the said Lord the King that now is demandeth Judgment and that the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the Court of the Lord the King that now is here will avise off and upon the premises before it proceedeth to Judgment thereof day is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King that now is in the said Court here untill in 8. days of St. Hilary next c. wheresoever c. to hear their Judgment thereof because the said Court hereof thereof not yet c. At which day of 8. days of Saint Hillary that is to say at Westminster aforesaid come as well the aforesaid Henry Hobart Knight Attorney General of the said Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid and upon this the Attorny General of the Lord the King that now is as at first demandeth Judgment and that the aforesaid Letters Patents of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances in form aforesaid made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the said Court of the Lord the King that now is here will farther avise before that it proceed to Judgment thereof day farther is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele here untill in 15 days of Easter next c. wheresoever c. to hear their Judgment thereof because the said Court of the Lord the King that now is here thereof not yet c. SCIRE FACIAS Easter Term. 2i Eliz. R●t 1. The Record of the Case of Mark Steward vouched in Co. 9th part in Sr. Georege Reynels Case fol. 99. b. MEmorandum that Thomas Bromley Knight Chauncellor of the Queen Monday next after the Morrow of the Ascension of our Lord this Term before the Lady the Queen at Westminster by his own hand delivered here into the Court a certain Record before the Lady the Queen had in her Chancery in these words Pleas before the Lady the Queen at Westminster in the Term of Easter in the yeer of the Reign of Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. the 21th Middlesex ss It is manifest that the Lord Philip and the Lady Mary late King and Queen of England Sister of the Lady the Queen that now is for them the Heirs and Successors of the said Lady Queen Mary by the Letters Patents of them the said late King and Queen Philip and Mary made under the great Seal of England bearing date at Westminster the 23th day of September in the 3. and 4th yeer of the said late King Philip and Mary gave and granted to one Mark Steward gen the Office of Sergeant at Arms of them the said late King and Queen Philip and Mary attendant upon her Chauncellor of England for the time being and made ordayned and appointed by the said Letters Patents him the said Mark their Sargeant at Arms to have and enjoy the said Office to the said Mark for the Term of his life and that the said King Philip and Queen Mary for them the Heirs and Successors of the said Queen Mary by the same Letters Patents gave and graunted to the said Mark for the exercising and occupying the said office aforesaid the wages and Fee of 12. pence by the day To have hold and receive yeerly the said wages and Fee of 12. pence to the said Mark for the Term of his life of the Issues and profits of the Hamper of the said late King Philip and Queen Mary by the hands of the Clerk or Keeper of the aforesaid Hamper for the time being yeerly to be paid as by the said Letters Patents amongst other it more fully appeareth By colour of which Letters Patents the said Mark was seised of the Office aforesaid as of Freehold for the term of his life And whereas also it is found by a certain Inquisition Indented taken at VVestminster in the County of Middlesex the 24th day of June in the yeer of the Reign of the said Lady the Queen that now is the 19th before Kalph Hurlestone Esquire John Muthal Esquire Francis Folyat Esquire and John Stratham Gent. By virtue of a Commission of the said Lady the Queen that now is to them and to one John Goodman directed by the Oaths of 12. men That the said Mark did not serve in the said Office of Sergeant at Arms according to the effect and Tenor of the aforesaid Letters Patents to him made from the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is unto the first day of February then next past before the Inquisition aforesaid but for all that time absented himself from that Office as by the said Inquisition retorned in the Court of the Chancery of the said Lady the Queen as in the files of Record there remaining it appeareth And now at this day that is to say the 7th day of May in the yeer of the Reign of the said Lady the Queen that now i● the 21th co●eth the aforesaid Mark Steward into the Chancery of the said Lady the Queen ●ow is at Westminster by Edward Cockel his Attorny and complaineth that ●y re●●on and colour of the Inquisition aforesaid himself to be unjustly removed from the exercising and holding of his said Office aforesaid Because By Protestation that the said Inquisition is not sufficient in Law to ●●●●ve him the said Mark from the exercising of his Office aforesaid ●o ●●e shewing of his right in this behalf the said Mark saith that the 〈◊〉 Lady the Queen that now is long after the making of the said Letters Patents that is to say the last day of Nov. in the yeer of her Reign the 〈◊〉 at Westminster in the County o● M●ll gave li●●ns●●oth ●said Mark 〈◊〉 h●●self from the exercising his Office during the pleasure of him ●●● said Mark until he was commanded by her the said Lady
demandeth Judgement if the aforesaid William Thoroughgood his Action aforesaid against him ought to have c. And the aforesaid William Thoroughgood as to the aforesaid Plea of the aforesaid VVilliam Cole to the Trespass aforesaid in the Tenements aforesaid with the appurtenances of new Assignment done above in Bar thereof pleaded saith That he for any thing in the said Plea before alledgeth from the having his action aforesaid ought not to be barred Because he saith That the aforesaid Fine was had and levied to the use and behoof of the aforesaid VVilliam Chicken and Elizabeth and the heirs of the said VVilliam upon the Condition that the aforesaid VVilliam Chicken and Elizabeth and the Heirs and Assigns of the said VVilliam Chicken well and truly should deliver and pay to the said VVilliam Thoroughgood and Agnes and their Executors and Assigns 8 l. of good and lawfull money of England and four Quarters of Malt at the Mansion house called Barrowes in Paringdon aforesaid yearly during the natural lives of them the said VVilliam Thoroughgood and Agnes and the longer liver of them at the Feast of St. Michael the Archangel and the Feast of the Anunciation of the blessed Mary the Virgin by equal portions and also upon condition That the aforesaid VVilliam Chicken and Elizabeth and their Heirs or Assigns should pay to the said VVilliam Thoroughgood and Agnes their Executors Administrators or assigns 76. l. 13. s. and 4. d. of like lawfull money of England at the aforesaid Mansion house called Barrows in form following that is to say at the Feast of St. Michael the Archangel in the year of our Lord God 1568. three pound six shillings eight pence and so at the Feast of St. Michael the Archangels at the Mansion House aforesaid three pound six shillings eight pence yearly untill the aforesaid summ of seventy six pound 13. s. and 4. d. should be fully satisfied and paid and for the not payment doing and performing of the aforesaid Conditions according to the true intents and meanings of the same Condition the aforesaid Fine and other the conveyance aforesaid to be made were to the use and behoof of them the said William Thoroughgood and Agnes as in their former estate by colour of which Fine the aforesaid VVilliam Chicken and Elizabeth were seized of the Tenements aforesaid with the Apurtenances of new assigned amongst other things that is to say the aforesaid VVilliam in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for term of her life upon the Conditions aforesaid And further the said VVilliam Thoroughgood by Protestation that the said William Chicken and Elizabeth did not pay do or perform any thing according to the form and effect of the Conditions aforesaid For Plea saith That the aforesaid William Chicken and Elizabeth or either of them did not pay or either of them pay to the said William Thoroughgood and Agnes or either of them 3. l. 6s 8d of good and lawful money of England at the Feast of St. Michael the Archangel on the year of the Reign of the said Lady the Queen that now is the 18th Which to them at the said Feast of St. Michael they ought to have paid according to the form and effect of the aforesaid first Condition by which the aforesaid William Thoroughgood by vertue of the Fine aforesaid and by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at VVestminster the fourth day of February in the year of his Reign the 27th holden made and provided of transferring uses in possession was seized of the Tenements aforesaid with the Appurtenances of new assigned amongst other things in his Demesn as of Fee and in the Tenements aforesaid of new assigned entred and the aforesaid William Cole the day and year in the Declaration aforesaid above specified with force and Arms c. the Close and House of him the said William Thoroughgood in the aforesaid Tenements of new assigned broke and the grass aforesaid there then growing with his cattel aforesaid was fed trod and consumed as he the said William against him complaineth and this he is ready to aver Wherefore in as much as the said William Cole doth acknowledge the Trespass aforesaid in the same Tenements of new assigned done as abovesaid The said William Thoroughgood demandeth Judgement his damages by the occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole by Protestation That the Fine aforesad was not levyed to the use of the said William Chicken and Elizabeth upon the Conditions aforesaid as the aforesaid William Thoroughgood above alledgeth For Plea saith That after the Fine aforesaid Levied that is to say the second day of September in the year of the Reign of the Lady the Queen that now is the 18th at Great Paringdon aforesaid the aforesaid VVilliam Thoroughgood by his Writing of the Lease which the said VVilliam Cole with the Seal of the said VVilliam Thoroughgood Sealed here in Court brings whose Date is the same day and year by the name of VVilliam Thoroughgood of Hansdon in the County of Hertford Yeoman Remised Released and for him and his Heirs for ever quit claimed to the aforesaid VVilliam Chicken by the name of William Chicken of Hansdon aforesaid Yeoman All and all manner of Conditions Entries for Conditions broken and demands whatsoever from the beginning of the World unto the day of the Date of the said Writing of Release and this he is ready to aver whereupon as at first he demandeth Judgement and that the aforesaid William Thoroughgood be barred from having his Action aforesaid against him c. and the aforesaid William Thoroughgood saith That he is a Layman and unlearned and that at the time of the making of the Writing of Release supposed to be done divers arrerages of the aforesaid yeerly payments above recited in form aforesaid to be paid were behind and that the aforesaid Writing of Release was then read and declared to him as a Writing of Acquittance of all arrerages of monies to him in form aforesaid to be paid then to the said William Thoroughgood being behind and not paid only By which the said William Thoroughgood believing that Writing to be a Writing of Acquittance of the arrerages of the monies aforesaid only sealed and delivered the said Writing to the aforesaid William Chicken and said William Thoroughgood saith That the said Writing in Court here brought containing in self him the said William Thoroughgood to have Remised Released and for him and his He is for ever quit claimed to the aforesaid VViliam Chicken all and all manner of Conditions Entries for Conditions broken and Demands whatsoever from the beginning of the world until the day of the date of the said Writing of Release is not his Deed And he prayeth that this may be enquired of by the Country And the aforesaid William Cole likewise Therefore it is commanded
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
to say the 10 th day of June in the year of the Reign of the Queen that now is the 28 t● came into Court the said William Paynter by the aforesaid Thomas Antrobas his Attorney by a special Warrant to him made in this behalf and acknowledged That he is satisfied of the debt and damages aforesaid Therefore the said Richard of the debt and those damages be acquitted c. Trinity 27o. Eliz. Rott 1354. in the Common Pleas. Wisemans Case Co. 1. part Fol. 1. a. AT another time as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is the 27 th Rott 1056. it is conteined thus Essex ss Richard Bernard of great Braxsted in the County aforesaid Yeoman was summoned to Answer to Iohn Wiseman of a Plea that he render to him 18. pound which he oweth him and unjustly deteineth c. And whereupon the said Iohn by Apollo Playne his Attorney saith That whereas one Thomas Wiseman was seised of and in the Island of Osee with the appurtenances in great Totham in the County aforesaid in his demesn as of Fee and so thereof being seised The said Island with the appurtenances held of the Lady the Queen ●hat now is as of her Manor of East Greenwich in the County of Kent in free Socage that is to say by Fealty only The said Thomas so thereof being seised the 15 th day of October in the year of the Reign of the Queen that now is the 19 th at Great Totham aforesaid demised the one moyety of the said Island to the aforesaid Richard To have and hold the said moyety with the appurtenances to the said Richard from the feast of St. Michael the Archangel then last past untill the end and Term of 21. years from thence next following fully to be compleated Yielding and paying therfore yearly to the aforesaid Thomas his Heirs and Assigns 36. pound of Lawful Money of England at two Terms of the year That is to say at the Feast of the Nativity of Saint Iohn the Baptist and the Birth of our Lord by equal portions to be paid By virtue of which demise the aforesaid Richard in the moyety aforesaid with the appurtenances did enter and was and yet is thereof possessed and so being thereof possessed and the said Thomas of the reversion of the said moyety as of Fee and Right and of the other moyety of the Island aforesaid being seised in his demesn as of Fee the said Thomas had issue William his Son and Heir apparent and the said William had issue John his Son and Hei● apparent and afterwards the said William at Great Totham aforesaid dyed and the aforesaid Thomas of the Reversion of the one Moyety of the Island aforesaid of the oth●r Moyety of the said Island with the appurtenances in form foresaid being seised The said Thomas so thereof seised the 20th day of November in the 23th year of the Reign of the Queen that now is at Great Totham aforesaid made his Testament and last Will in writing and by the same willed and bequeathed to one Thomas Wiseman his Son the said Reversion of the aforesaid Moyety of the Island aforesaid and the other Moyty of the said Island To have to him and the Heirs males of his body lawfully begotten and for default of such issue the remainder to the right Heirs of the said Thomas Wiseman the Father for ever And afterwards The said Thomas Wiseman the Father at Great Totham aforesaid dyed of such Estates of the aforesaid reversion of the one Moyety of the Island aforesaid and of and in the aforesaid other Moyety of the said Island with the appurtenances seised After whose death the aforesaid Thomas Wiseman the Son into one Moyety of the Island aforesaid entred and was thereof seised in his demesn as of Fee-tail and seised of the aforesaid Reversion of the other Moyety of the said Island as of Fee-tail that is to say to him and the Heirs males of his body lawfully begotten the reversion thereof to the said John as Cosin and Heir of the said Thomas Wiseman the Father belonging that is to say as Son and Heir of William Wiseman deceased Son and Heir of Thomas Wiseman the Father And the aforesaid Thomas Wiseman the Son so thereof being seised and the said John Cosin and Heir of the aforesaid Thomas the Father of the Reversi●n thereof as of Fee and Right being seised The said John the 16th day of May in the year of the Reign of the Queen that now is the 24 th at great Totham aforesaid By his Indenture baring date the same day year made between him the said John VViseman by the name of John VViseman of the Inner Temple London Gent. Cosin and next Heir of Thomas VViseman late of Norhead within the Parish of Muchwaltham in the County of Essex Esq deceased of the one party and Anthony Everard John Mead and John Sorrel by the name of Anthony Everard of the Inner Temple London Gent. Iohn Meade of Great Easton in the County of Essex Gent. and Iohn Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party and in the Court of the said Lady the Queen that now is of Pleas holden before the Queen her self within 6 Moneths then next following according to the form of the Statute in such case late had and provided in due manner of Record enrolled and of which one part with the seals of the said Anthony Iohn Meade and Iohn Sorrel Sealed the said Iohn VViseman here in Court brings whose date is the said 6 th day of May in the 24 th yeer aforesaid testifying That the aforesaid Thomas VViseman as well in consideration and to the intent That all and all manner the Manors Messuages Lands Tenements and Hereditaments with all and singular their appurtenances should and might for ever after continue remain and be at the will and good pleasure of God in the Stock Name or Bloud of the said Iohn VViseman as for divers other good causes and considerations him the said Iohn VViseman then especially moving had Covenanted and Granted for himself his Heirs Executors Administrators and Assigns To and with the said Anthony Everard Iohn Meade and Iohn Sorrel their Heirs Executors and Administrators and the Heirs Executors and Administrators of every of them by the said Indenture That he the said Iohn VViseman his Heirs and Assigns should and would immediatly from henceforth stand and be seised of and in the Reversion and Reversions Remainder and Remainders of all and singular the Manors Lands Tenements and Hereditaments before mentioned To the use of the said Iohn VViseman and the Heirs males of his body lawfully to be begotten and for default of such issue To the use of VVilliam VViseman Brother of the said Iohn VViseman lawfully begotten and for default of such issue To the use of Thomas VViseman another Brother of the said Iohn VViseman and the Heirs males of the body
c. seised and so thereof being seised after and before the within written time in which c. that is to say the 7 th day of April in the Reign of said Lady the Queen that now is the 41 th aforesaid the aforesaid Iohn Stroud and Ann his wife and the said Richard Bingham upon the Tenements within written By their writing sealed with their seals bearing date the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th aforesaid to the Jurors aforesaid in evidence shewed at Melcum aforesaid demised the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. to the within named William Albert To have and to hold to him and his assignes from the Feast of the Anunciation of the blessed Mary the Virgin then last past before the date of the said writing for the Term of 7 years from thence next and immediately insuing fully to be complete and ended yielding therefore yearly during the term aforesaid 140 pound per. An. at the Feast of Saint Michael the Archangel and the Annunciation of the blessed Mary the Virgin by equal portions to be paid By virtue of which demise the aforesaid William Albert the aforesaid 7 th day of April in the year 41 aforesaid into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred and was thereof possessed as the Law requireth and so being thereof possessed after and before the within written time in which c. that is to say the aforesaid 7 th day of April in the year 41 aforesaid the said William Albert upon the Tenements within written entred and demised the Tenements within written with the appurtenances in which c. to the aforesaid George Stroud as in the declaration within written above is specified By virtue of which the aforesaid George Stroud the aforesaid 7 th day of April in the 41 th year aforesaid into the Tenements within written in the Declaration within written mentioned in which c. entred and was thereof possessed as the Law requireth until the said Ralph Horsey Richard Veal and Edward Goor the within written 11 day of April in the 41 year aforesaid upon the possession of the said George Stroud his term aforesaid not yet ended did eject expel and amove But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found the entrie of the said George into the Tenements within written with the appurtenances be lawful or not the said Jurors altogether do not know and pray thereof the advice of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are guilty of the Trespasse and Ejectment within written as the aforesaid George Stroud within against them complaineth And then they assesse the damages of the said George by occasion of the Trespasse and Ejectment within written above his charges and costs by him about his Sute in this behalf expended to 2. shillings and for his costs and charges to 20. shillings And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be not lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are not guilty of the Trespasse and Ejectment within written as the said Ralph Horsey Richard Veal and Edward Goor thereof within alleged And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises are not yet avised Day thereof is given to the parties aforesaid before the Lady the Q. at Westminster Untill Fryday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving her Judgement of and upon the premises are not avised Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster Untill Thursday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 8. dayes of St. Hillary to here their Jugement thereof because the Court of the said Lady the Queen thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Q. here of their Judgement to be given of upon the premises is not yet avised Day thereof is given to the parties aforesaid untill Wednesday next after the 18 th day of Easter to hear their judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster untill Friday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof are not yet c. At which day come the parties aforesaid before the Lady the Queen at Westminster by their Attornies aforesaid Upon which seen And by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation being thereof had It is granted That the said George Stroud shall recover against the said Ralph Horsey Richard Veal and Edward Goor his Term aforesaid of and in the Tenements aforesaid in the Declaration aforesaid specified yet to come and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed As also 12. pound for his charges and costs aforesaid to the said George Sroud by the Court of the said Lay the Queen here with his assent of encrease adjudged which damages in the whole do amount to 13. pound and two shillings And the said Ralph Horsey Richard Veal
should be fully satisfied and paid as by the said Writing amongst other things more fully appeareth By virtue of which Gift and Grant the said Ann was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And so thereof being seized The said Ann afterwards and before the time in which c. at Su●ton Atthone aforesaid took to Husband the aforesaid Dionisius And afterwards and before the time in which it is supposed the taking aforesaid of the Cattel aforesaid to be done that is to say the 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th the aforesaid Dionisius at Sutton Atthone aforesaid dyed and the aforesaid Ann him over lived and was of the Annuity or yeerly Rent aforesaid seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by one whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th and within the space of 40. dayes then next following were not paid to the said Ann but were behind The said George Mason and Francis as Bayliffs of the said Ann do well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. as in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver Whereupon They demand Judgement and Retorn of the Cattel aforesaid together with their damages costs and charges by them about their Sute in this behalf put unto to be adjudged unto them c. And the aforesaid John Kettel saith That the aforesaid George Mason and Francis Easterly by any thing before alleged the taking of the Cattel aforesaid in the aforesaid place in which to be just ought not to acknowledge For he saith that long before the aforesaid time of taking of the aforesaid Cattel done and long before the grant of the aforesaid Annuity or yeerly Rent aforesaid of 40 pound And long before the said Dionisius Mayow had any thing of and in the aforesaid 8. Acres of Pasture with their Appurtenanes One Thomas Mayow was thereof seized in his demesn as of Fee And so being thereof seized The said Tho-Mayow before the time of the taking of the Cattel aforesaid long before the Grant of the aforesaid Annuity that is to say the 15. day of January in the yeer of the Reign of the Lady the Queen the 19th at Sutton Atthone aforesaid of the said 8. Acres of Pasture with the Appurtenances in which c. Enfeossed one Thomas Scot of Sutton Atthone aforesaid Gentleman and John Fremling of Dartford in the said County Baker amongst other things By the name of all those his Two Manors of Sawters and Sawley with the Barns Stables Dove-houses and all other the Houses and Buildings to the said Manors belonging Orchards Gardens with the Appurtenances situate lying and being in Sutton Atthone aforesaid then in the Tenure or Occupation of the said Thomas Mayow and also by the name of all other his Houses and Buildings Lands and Tenements Meadow Pasture Woods and Underwoods Rents and Reversions situate lying and being within the Towns Parishes and Fields of Sutton Atthone aforesaid Wilmington and Dartford or elsewhere in the aforesaid County of Kent as also the Reversion and Remainder of all and singular the premises Rents and yeerly profits reserved upon whatsoever Demises or Grants of the premises or any parcel thereof before then made To have and to hold the aforesaid Manors and other the premises with the Appurtenances whereof c. To the aforesaid Thomas Scot and John Fremling their Heirs and Assignes for ever to the only use and behoof of the aforesaid Dionise Mayow Son and Heir Apparent of the said Thomas Mayow his Heirs and Assignes for ever of the chief Lords of the Fee by the services thereof first due and of right accustomed upon the Conditions following That is to say That the aforesaid Dionise Mayow or his Heirs should pay or cause to paid to Petronill Martin of Mylton in the aforesaid County of Kent Widow the yeerly Rent of 10. pound for the Term of the life of her the said Petronill Which yeerly Rent of 10. pound the aforesaid Thomas Mayow to the aforesaid Petronill before had granted for and in consideration of a Mariage to be had and solemnized between the aforesaid Thomas Mayow and the aforesaid Petronill after the death of the aforesaid Thomas Mayow And upon Condition That if the aforesaid Thomas Mayow at any time during the natural life of the said Thomas should pay or cause to be paid to the aforesaid Thomas Scot and John Fremling or to either of them or to the Heirs of the longer liver of them 10. shillings of good and lawful Mony of England that then the Feoffment aforesaid should be void and of no force in Law And that then it should be lawful to the aforesaid Tho. Mayow into the aforesaid Two Manors and all the premises with the Appurtenances whereof c. to re-enter and the same to have again in his former Estate and Condition any Act Thing Cause or Matter whatsoever to the contrary thereof notwithstanding By virtue of which Feo●fment and by force of a certain Act in the Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th of transferring uses into possession The said Dionise Mayow was seized of the aforesad 8. Acres of Pasture with the Appurtenances in which in his demesn as of Fee upon the Conditions aforesaid And so thereof being seized The said Dionise before the aforesaid time of taking the Cattel aforesaid that is to say the 30th day of May in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid at Sutton Atthone aforesaid by his Writing ●eal●d with his Seal bearing date the same day and yeer Gave and Granted to the aforesaid Ann by the name of Ann Maxey of Chigwel in the County of Essex the Annuity or yeerly Rent aforesaid of 20. pound to be issuing out of the aforesaid place in which c. amongst other in manner and form as the aforesaid George Mason and Francis Easterley above in their Conusance abovesaid have all●ged And the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the said Dionise and afterwards and before the time of the taking of the Cattel aforesaid that is to say the 30th day of January in the yeer of the Reign of the said Lady the Queen that now is the 24th The aforesaid Thomas Mayow at Sutton Atthone aforesaid payed to the aforesaid Thomas Scot and John
c. By virtue of which the aforesaid Gellio Merick and Lindley into the aforesaid Manors with their Appurtenances entred and were thereof seized in their demesn as of Fee and so thereof being seized By their Writing indented made between the aforesaid late Earl of Essex Gellio Merick and Henry Lindley of the one part and Augustine Steward and Michael Corsellis on the other part bearing date the 26th day of Decem. in the yeer of the Rign of the said late Lady Q. Elizabeth the 38th in the Court of Chancery of the aforesaid late Queen at VVestminster aforesaid within 6. Moneths then next following according to the form of the Statute thereof made and provided in due manner of Record inrolled as well in Consideration of the sum 3500. pounds to the aforesaid late Earl of Essex by the aforesaid Augustine Steward and Michael Corsellis paid as for 20. shillings to the said Gellio and Henry by the aforesaid Augustine and Nicholas likewise paid bargained and sold to the aforesaid Augustine and Michael the Manors aforesaid with the Appurtenances To have and to hold to the said Augustine and Michael their Heirs and Assigns for ever By virtue of which Bargain and Sale and Inrollment and by force of a certain Statute in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th Of transferring uses into possession at Westminster aforesaid holden made and provided the aforesaid Augustine and Michael were seized of the Manors aforesaid with the Appurtenances in his Demesn as of Fee And so thereof being seized The said Augustine and Michael in consideration of the sum of 3500. pound to the aforesaid Augustine and Michael by the aforesaid John Hele paid afterwards of the said Manors with the Appurtenances enfeoffed them the said John Hele then Serjant at Law and the aforesaid Warwick He le then Esquire now Knight To have and to hold to the said John and VVarwick and to the Heirs and Assigns of the aforesaid John to the sole and proper use and behoof of the aforesaid John and Warwick and the Heirs and Assignes of the said John Hele for ever By virtue of which Feoffment The aforesaid John Hele and Warwick Hele were and yet are seized of the aforesaid Manors with the Appurtenances that is to say The said John Hele in his Demesn as of Fee and the aforesaid Warwick in his Demesn as of Free hold for the term of his life And the aforesaid John Hele and Warwick Hele further say That afterwards in and by a certain Act of Parliament of the aforesaid late Queen at VVestminster aforesaid the 27th day of October in the yeer of the Reign of the said late Queen Elizabeth the 43th holden made amongst other reciting That whereas the said late Queen from the 8th day of February in the yeer of her Reign the 25th as well for diverse and great sums of Mony as for diverse other several considerations had bargained sold given and granted by diverse her Letters Patents Indentures or other Writings under the great Seal of England sealed or the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster as well to Bodies Politick and Corporate as to diverse and several other Subjects of the said Lady the Queen diverse and several Honors Manors Lands Tenements Rents Reversions Services and other Hereditaments in Fee Simple Fee Tail for Term of Life Lives or Yeers as by the said several Letters Patents Indentures and other Writings are mentioned and declared It was enacted by Authority of the same Parliament To the intent that the said Letters Patents Indentures and other Writings should be of good available and perfect force and effect to all and singular the said late Queens Subjects according to the true intent and effect of the same That as well all and singular Letters Patents Indentures and other Writings sealed under the great Seal of England or under the Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster before then made and granted by the aforesaid late Queen for any sum or sums of Mony whatsoever or for or upon any other considerations whatsoever from the aforesaid 8th day of February in the 25th yeer aforesaid as all other Letters Patents then after by the said late Queen to be made for any sum or sums of Mony or other considerations before the last day of the said then present Session of the said Parliament And moreover All other Letters Patents within the space of one yeer then next following to be made by force or according to the true puport or true meaning of a Condition under the great Seal of England then in being for the Sale of the Land of the said late Queen to any Body Politick or Corporate or to any other person or persons whatsoever of any Honors Castles Manors Lordships Granaries Messuages Lands Tenements Meadows Pastures Rents Reversions Services Woods Advowsons Nominations Patronages Annuities Rights Interests Entries Conditions Leases Courts Liberties Privileges Franchises or of any other Hereditaments with the Appurtenances or of any part or parcel thereof with or under the Great Seal of England or under the Great Seal of the Dutchy of Lancaster or the Seal of the County Palatine of Lancaster of whatsoever Kind Nature or Quality they or any of them are or were reputed known or taken with the Appurtenances or any part or parcel thereof should be good perfect and effectual in Law and should stand be taken reputed esteemed and should be adjudged to be good certain perfect available and effectual in the Law against the said late Queen her Heirs and Successors according to the tenor and effect of the aforesaid Letters Patents and Indentures or other Writings and that the same should be expounded construed esteemed and should be adjudged most beneficially for those to whom the aforesaid Letters Patents and Grants thereof so are made the Heirs Assigns Executors Administrators of them according to the words and purport of the said Letters Patents Indentures or other Writings without any Confirmations Licenses or Tollerations of the said late Queen her Hei● or Successors any ill naming ill reciting or not reciting of the said Honors Castles Manors Lands Tenements or other the premises or of any part thereof or any defect in finding of Office or Inquisition of and in the premises or any part thereof by which the Title of the said late Lady the Queen of and in the premises ought to be found before the publishing of the aforesaid Letters Patents Indentures or other Writing or any ill reciting or not reciting of Demises thereof made as well of Record as not of Record or any ill reciting or not reciting or not true mentioning in any such Lettets Patents Grants or Writings of the Estate or Estates of the said late Queen of Freehold or Inheritance of and in the premises or any part thereof to which the