such issue male of the body of the same Eldest Son Then to the use of the second Son of the body of the aforesaid Robert Vavasor and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the said Robert and for default of such issue male of the 9th Son Then to the use of Thomas Vavasor another Brother of the said Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Elest Son of the body of the aforesaid Thomas Vavasor lawfully begotten and the heirs males of the body of the said Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son Then to the use of the second Son of the aforesaid Thomas Vavasor lawfully begotten and the heirs males of the body of the same second Son lawfully begotten And so to the 9th Son of the aforesaid Thomas And for default of such issue male of the body of such 9th Son Then to the use of Richard Vavasor another Brother of the said peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Eldest Son of the body of the said Richard Vavasor lawfully begotten and the heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son lawfully begotten Then to the use of the second Son of the body of the said Richard lawfully begotten and so to the 9th Son of the aforesaid Richard and for default of such issue male of the body of the said 9th Son Then to the use of the heirs males of the body of Peter Vavasor of Spaldington Knight lawfully begotten and for default of such issue male Then to the use of the right heirs of the said Richard Vavasor for ever By vertue of which Recovery and seisin in manner and form aforesaid had and by foâ—ce of a certain Act of Parliament of the Lord Henry late King of England the 8th the 4th day of February in the year of his Reign the 27th of Transferring of uses into possession at Westminster in the County of Middlesex holden made The aforesaid Peter Vavasor Esquire was seised of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put in his demesn as of Freehold for the Term of his life without impeachment of any wast the remainder thereof after his decease farther as abovesaid expectant and the said Peter so thereof being seised the said Peter at Spaldington aforesaid dyed without any issue male of his body lawfully begotten after whose decease the said Edward into the aforesaid Tenements with their appurtenances in the view of the Recognitors of the Assise aforesaid put and in complaint aforesaid specified amongst other as in his Remainder thereof entred and was and yet is seised in his demesn as of Freehold for the Term of his life without impeachment of any wast And the aforesaid Thomas Dowman and Elizabeth claiming c. And gave colour to the party And the aforesaid Thomas Dowman and Elizabeth as to the aforesaid Plea of the said Edward above in Barr of the Assise aforesaid pleaded Say That they for any thing in the said Plea before alleged from the Assise aforesaid of the Tenements aforesaid with the appurtenances to have ought not to be Barred because they say That well and true it is That the aforesaid Peter Vavasor Esquire was seised of the Tenements aforesaid with the appurtenances in his demesn as of Fee and he the said Peter being so thereof seised The aforesaid Recovery of the Tenements aforesaid with the appurtenances was had by the aforesaid Andrew Windsor VVilliam Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire in manner and form as the said Edward above hath alleged But the said Thomas Dowman and Elizabeth farther say That the Recovery aforesaid in form aforesaid by the aforesaid Andrew William Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire of the Tenements aforesaid with the appurtenances in form aforesaid had and the seisin of the Tenements aforesaid with the appurtenances thereupon in form aforesaid had were to the only use and behoof of the aforesaid Perer Vavasor Esquire and his heirs for ever By colour whereof and by force of the aforesaid Act of transferring of Acts in possession c. The aforesaid Peter Vavasor Esq was seised of the Tenements aforesaid with the appurtenances in his demesn as of Fee and so thereof being seised The said Peter Vavasor Esq at Spaldington aforesaid of such his estate dyed hereof seised without issue of his body lawfully begotten After whose death the said Tenements with the appurtenances discended to the said Elizabeth then being the wife of the said Thomas Dowman as Sister and heir of the aforesaid Peter Vavasor Esq By which the said Thomas Dowman and Elizabeth in the said Tenements with the appurtenances entred and were thereof seised in their demesn as of Fee in the Right of the said Elizabeth untill the aforesaid Edward Vavasor and the aforesaid George Richard John Lowson William Musgrave Robert Thisylwood and Robert Ward them the said Thomas Dowman and Elizabeth thereof unjustly and without Judgement did disseise as they above against them complain'd without that that the aforesaid Recovery of the Tenements aforesaid with the appurtenances by the aforesaid Andrew Windsor William Vavasor Peter Vavasor the younger and John Laundree against the aforesaid Peter Vavasor Esquire in form aforesaid had was to the uses in the Barr of the said Edward above specified as c. And thereupon the parties are at issue And the Jurours say upon their Oath That the aforesaid Peter Vavasor Esquire was seised of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances in his demesn as of Fee and he the said Peter being thereof so seised the aforesaid Recovery was had by the aforesaid Andrew Windsor William Vavasor Peter Vavasor the younger and John Laundree in form aforesaid as the aforesaid Edward above in pleading hath alleged and further the Recognitors of the Assise aforesaid say uppon their Oath That a certain Indenture was made between the aforesaid Peter Vavasor Esq of the one party and the aforesaid Addrew Windsor William Vavasor Peter Vavasor the younger and John Laundree of the other party bearing date the first day of February in the 15th year abovesaid The Tenor of which Indenture follows in these words THis Indenture made the first day of February in the 15th year of the Raign of our Soveraign Lady Elizab. by the grace of God Queen of England France Ireland Defender of the Faith c. Between Peter Vavasor of the Midle Temple in London Esq of the one party
to say the 10 th day of June in the year of the Reign of the Queen that now is the 28 tâ— came into Court the said William Paynter by the aforesaid Thomas Antrobas his Attorney by a special Warrant to him made in this behalf and acknowledged That he is satisfied of the debt and damages aforesaid Therefore the said Richard of the debt and those damages be acquitted c. Trinity 27o. Eliz. Rott 1354. in the Common Pleas. Wisemans Case Co. 1. part Fol. 1. a. AT another time as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is the 27 th Rott 1056. it is conteined thus Essex ss Richard Bernard of great Braxsted in the County aforesaid Yeoman was summoned to Answer to Iohn Wiseman of a Plea that he render to him 18. pound which he oweth him and unjustly deteineth c. And whereupon the said Iohn by Apollo Playne his Attorney saith That whereas one Thomas Wiseman was seised of and in the Island of Osee with the appurtenances in great Totham in the County aforesaid in his demesn as of Fee and so thereof being seised The said Island with the appurtenances held of the Lady the Queen â—hat now is as of her Manor of East Greenwich in the County of Kent in free Socage that is to say by Fealty only The said Thomas so thereof being seised the 15 th day of October in the year of the Reign of the Queen that now is the 19 th at Great Totham aforesaid demised the one moyety of the said Island to the aforesaid Richard To have and hold the said moyety with the appurtenances to the said Richard from the feast of St. Michael the Archangel then last past untill the end and Term of 21. years from thence next following fully to be compleated Yielding and paying therfore yearly to the aforesaid Thomas his Heirs and Assigns 36. pound of Lawful Money of England at two Terms of the year That is to say at the Feast of the Nativity of Saint Iohn the Baptist and the Birth of our Lord by equal portions to be paid By virtue of which demise the aforesaid Richard in the moyety aforesaid with the appurtenances did enter and was and yet is thereof possessed and so being thereof possessed and the said Thomas of the reversion of the said moyety as of Fee and Right and of the other moyety of the Island aforesaid being seised in his demesn as of Fee the said Thomas had issue William his Son and Heir apparent and the said William had issue John his Son and Heiâ— apparent and afterwards the said William at Great Totham aforesaid dyed and the aforesaid Thomas of the Reversion of the one Moyety of the Island aforesaid of the othâ—r Moyety of the said Island with the appurtenances in form foresaid being seised The said Thomas so thereof seised the 20th day of November in the 23th year of the Reign of the Queen that now is at Great Totham aforesaid made his Testament and last Will in writing and by the same willed and bequeathed to one Thomas Wiseman his Son the said Reversion of the aforesaid Moyety of the Island aforesaid and the other Moyty of the said Island To have to him and the Heirs males of his body lawfully begotten and for default of such issue the remainder to the right Heirs of the said Thomas Wiseman the Father for ever And afterwards The said Thomas Wiseman the Father at Great Totham aforesaid dyed of such Estates of the aforesaid reversion of the one Moyety of the Island aforesaid and of and in the aforesaid other Moyety of the said Island with the appurtenances seised After whose death the aforesaid Thomas Wiseman the Son into one Moyety of the Island aforesaid entred and was thereof seised in his demesn as of Fee-tail and seised of the aforesaid Reversion of the other Moyety of the said Island as of Fee-tail that is to say to him and the Heirs males of his body lawfully begotten the reversion thereof to the said John as Cosin and Heir of the said Thomas Wiseman the Father belonging that is to say as Son and Heir of William Wiseman deceased Son and Heir of Thomas Wiseman the Father And the aforesaid Thomas Wiseman the Son so thereof being seised and the said John Cosin and Heir of the aforesaid Thomas the Father of the Reversiâ—n thereof as of Fee and Right being seised The said John the 16th day of May in the year of the Reign of the Queen that now is the 24 th at great Totham aforesaid By his Indenture baring date the same day year made between him the said John VViseman by the name of John VViseman of the Inner Temple London Gent. Cosin and next Heir of Thomas VViseman late of Norhead within the Parish of Muchwaltham in the County of Essex Esq deceased of the one party and Anthony Everard John Mead and John Sorrel by the name of Anthony Everard of the Inner Temple London Gent. Iohn Meade of Great Easton in the County of Essex Gent. and Iohn Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party and in the Court of the said Lady the Queen that now is of Pleas holden before the Queen her self within 6 Moneths then next following according to the form of the Statute in such case late had and provided in due manner of Record enrolled and of which one part with the seals of the said Anthony Iohn Meade and Iohn Sorrel Sealed the said Iohn VViseman here in Court brings whose date is the said 6 th day of May in the 24 th yeer aforesaid testifying That the aforesaid Thomas VViseman as well in consideration and to the intent That all and all manner the Manors Messuages Lands Tenements and Hereditaments with all and singular their appurtenances should and might for ever after continue remain and be at the will and good pleasure of God in the Stock Name or Bloud of the said Iohn VViseman as for divers other good causes and considerations him the said Iohn VViseman then especially moving had Covenanted and Granted for himself his Heirs Executors Administrators and Assigns To and with the said Anthony Everard Iohn Meade and Iohn Sorrel their Heirs Executors and Administrators and the Heirs Executors and Administrators of every of them by the said Indenture That he the said Iohn VViseman his Heirs and Assigns should and would immediatly from henceforth stand and be seised of and in the Reversion and Reversions Remainder and Remainders of all and singular the Manors Lands Tenements and Hereditaments before mentioned To the use of the said Iohn VViseman and the Heirs males of his body lawfully to be begotten and for default of such issue To the use of VVilliam VViseman Brother of the said Iohn VViseman lawfully begotten and for default of such issue To the use of Thomas VViseman another Brother of the said Iohn VViseman and the Heirs males of the body
of the said Thomas lawfully to be begotten And for default of such issue To the use of the Heirs of the body of VVilliam VViseman Father of the said Iohn VViseman and the Heirs of their bodies lawfully to be begotten and for default of such issue To the use of the Heirs of the body of the aforesaid Thomas VViseman deceased and the Heirs of their bodies lawfully to be begotten and for default such issue To the use of the Lady the Queen that now is and the Heirs and Successors of the said Lady the Queen Kings and Queens of this Realm of England for ever as by the said Indenture amongst other things it more fully manifest and doth appear By vertue of which Indenture and by force of a certain Act in Parliament of the late King Henry 8. at Westminster in the County of Middlesex the 4 th day of February in the yeer of his Reign the 27 th of transferring of uses in possession then holden set forth The said John VViseman was seised of the Reversion of the whole Island aforesaid as of Fee tail and right and for default of such issue the remainder to the aforesaid VVilliam VViseman Brother of the said John VViseman and the heirs males of the Body of the said VVilliam lawfully to be begotten And for default of such issue To the use of the said Thomas VViseman another Brother of the said John VViseman and the heirs males of the Body of the said Thomas lawfully to be begotten And for default of such issue the remainder thereof to of the heirs of the body of the aforesaid VVill VViseman the Father and the heirs of their bodies lawfully to be begotten And for default of such issue the Remainder thereof to the heires males of the Body of the said Thomas VViseman desceased and the heirs males of their Body lawfully to be begotten And for default of such issue The remainder there to the said Lady the Queen that now is her Heirs and Successors Kings and Queenes of this Kingdom of England belonging And the beforesaid John of the aforesaid Reversion of the whole Island aforesaid as of Fee tail and right in form aforesaid being seised the remainder thereof further in the form aforesaid belonging The said Thomas VViseman the Son afterwards that is to say the 15 th day of July in the year of the said Lady the Queen that now is the 26 th at great Totham aforesaid dyed without heir male of his body lawfully begotten After whose death the said John into one Moyety of the Island aforesaid with the Appurtenances entred was and yet is thereof seised in his Demesn as of Fee tail And likewise the said John was and yet is seised of the aforesaid Reversion of the other Moiety of the said Island as of the Fee tail and of right And thereof being seised And the said Richard of the said other Moiety of the aforesaid Island with the Appurtenances in form aforesaid being possessed The aforesaid 18. pounds of the Rent aforesaid for half a yeer ended at the Feast of the Birth of our Lord in the year of the Reign of the Lady the Queen that now is the 27 th to the said John was behind and do yet remain unpaid For which Action accrued to the said John to require and have of the said Richard the aforesaid 18. pounds Yet he the said Richard although he was often required the said 18. pounds to the said John hath not yet rendered but hitherto to render to the same to him hath denyed and yet doth deny Whereupon he saith he is the worse and hath damage to the value of 20. pounds And thereof he bringeth Sute c. And the said Richard Barnard by John Cook his Attorny comes and doth defend the force and injury when c. And saith That the aforesaid John Wiseman his Action aforesaid against him ought not to have because he saith That well and true it is That the aforesaid Thomas Wiseman the Father was seised of the Island aforesaid in his Demesn as of Fee And that the said Thomas demised unto the said Richard Barnard the Moiety of the Island aforesaid with the Appurtenances And that the said Thomas Wiseman the Father by his aforesaid Testament and last Will willed and bequeathed to the abovesaid Thomas Wiseman the Son the aforesaid Reversion of the said aforesaid one Moiety of the said Island aforesaid and the other Moiety of the said Island in form aforesaid And that the said Thomas Wiseman the Son By virtue of the bequest aforesaid was seised of the one Moiety of the Island aforesaid in his Demesn as of Fee tail and of the Reversion of the other Moiety thereof in Demesn as of Fee tail and Right that is to say to him and the heirs males of his Body lawfully begotten as the aforesaid John Wiseman by his Declaration aforesaid above supposeth But the said Richard Barnard further saith That the said Thomas Wiseman the Son of the one Moiety of the Island aforesaid and of the Reversion of the other Moiety in â—orm aforesaid being seised One John Godfrey the 9 th day of June in the yeer of the Reign of the said Lady the Queen that now is the 26 th sued forth out of the Court of the Chancery of the said Lady the Queen that now is in the said Court of Chancery at Westminster aforesaid then being a certain writ of the said Lady the Queen of Entry upon Disseisin in the Post against the said Thomas Wiseman by the name of Thomas VViseman Gent. of the Island aforesaid with the Appurtenances amongst other things to the Sheriff of the County of Essex directed by which Writ the said Lady the Queen that now is then commanded the said Sheriff that the said Sheriff should command the said Thomas VViseman the Son that truly and without delay he should render to the said John Godfrey the Island aforesaid with the Appurtenances amongst other things by the name of the Mannor of Mockinghall with the Appurtenances and 22. Messuages 3. Dove-houses 23. Gardens 430. Acres of Land 162. Acres of Meadow 460. Acres of Pasture 22. Acres of Wood 110. Acres of Furrs and Heath 400. Acres of Marsh as of 50. shillings of Rent with the Appurtenances in Barlinge the great Staubrigge great Wakeringe little Wakeringe Leigh Shopland Rochford Prtâ—lewell Benflâ—â—t Foulnes Althorpe Thundersley Hadley Great Baddowe Great Totham and Gouldhanger which he claimed to be his Right and his inheritance And into which the said Thomas Wiseman then had not entry but after the Disseisin which Hugh Hunt unjustly without Judgement did to the said John Godfrey within 30. yeers then last past as he then said And whereof he then Complained That the said Thomas VViseman the Son him then did deforce And unlesse he should do it and the aforesaid John Godfrey should then make the said Sheriff secure his clamour to prosecute then he summon by good summons the aforesaid Thomas Wiseman the
and the Advowson aforesaid against all Men for Ever And for this Recognitition release quit claim Warranty Fine and Concord the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry John Fitz-James and George gave to the aforesaid John Horsey 2680. pounds Sterling Which Fine aforesaid in form aforesaid levied and had was levied of the Mannor and Tenements called Over-Melcomb otherwise Horseys-Melcomb otherwise Sturges-Melcomb with the Appurtenances To the use of the said John Horsey and the Heirs males of the body of the said John Horsey lawfully begotten and for default of such issue To the use of Edith now Wife of the said Ralph Horsey for the Term of her life And after the decease of the said Edith To the use of the aforesaid Ralrh Horsey and his heirs males of his body Lawfully begotten and for default of such issue To the use of Iasper Horsey Brother of the said Ralph Horsey and the Heirs males of his body lawfully begotten and for default of such issue to the use of the right Heirs of the aforesaid Iohn Horsey for ever By virtue of which and of the aforesaid Act of Parliament of Transferring of uses into possession made and provided The aforesaid Iohn Horsey was seised of the aforesaid Mannor and Tenements called Over-Melcombe otherwise Horseys-Melcumb otherwise Sturges-Melcomb with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Edith for the Term of her life the remainder thereof to the aforesaid Ralph Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder thereof to the aforesaid Jasper Horsey in Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the remainder over to the right Heirs of the said John Horsey for ever And the Jurors aforesaid say upon their Oath aforesaid That afterwards and before the within written time in which c. that is to say the 20th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th The aforesaid Robert Bingham the younger and Ann at Melcumb aforesaid had issue between them lawfully begotten Richard Bingham Son and Heir apparent of the said Rob Bingham the younger And that the aforesaid Robert Bingham and Ann of the said Mannors Lands and Tenements called Wolcomb Binghams so as before is said being so seised the remainder thereof in form aforesaid expectant And the said Robert Bingham the Elder and Jane his Wife so as before is said of the aforesaid Mannor of Nether-melcum otherwise Melcum Bingham with the Appurtenances whereof c. being seised of the Mannor thereof to the aforesaid Robert Bingham the younger and the Heirs of his body upon the body of the said Ann lawfully begotten the remainder thereof to the right Heirs of the said Robert Bingham the elder expectant The said Robert Bingham the younger afterwards and before the time within written in which c. that is to say the 11th day of November in the yeer of the Reign of the said Lady the Queen that now is the 30th at Melcomb aforesaid dyed of such estate of and in the premises as is said seised And the said Ann did survive him and held her self in the Mannor aforesaid and Tenements called Wolcombe Binghams and was thereof sole seised in her Demesn as of freehold for the Term of her life by right of survivor and that after the death of the said Robert Bingham the younge the remaynder of the aforesaid Mannor of Neither Melcum otherwise Melcum Bingham with the appurtenances whereof c. in fee tail descended to the said Richard Bingham as Son and Heir of the body of the said Robert Bingham the Younger upon the body of the said Ann begotten the said Richard Bingham at the time of the death of the aforesaid Robert Bingham the younger his Father being within age that is to say of the age of one yeer and 9. moneths and no more And that the said Ann of the aforesaid Mannor and Tenements called Wolcombe Binghams in form aforesaid being seised And the said Robert Bingham the elder and Jane his Wife of the aforesaid Mannor of Nether-Melcum otherwise Melcombe Binghams with the appurtenances whereof c. in form aforesaid being seised the remainder thereof in form aforesaid expectant The said Ann afterwards and before the within written time in which c. at Melcombe aforesaid took to Husband one John Sroud Esquire And the Jurors aforesaid say upon their Oath aforesaid That at the time of the death of the said Robert Bingham the younger and before the within written time in which c. The aforesaid John Horsey was seised of the said Mannor of Over-Melcum otherwise Horseys-Melcum otherwise Sturges-Melcum with the appurtenances in his Demesn as of Fee Tail that is to say to him and the Heirs males of his body lawfully begotten the Remainder thereof over in form aforesaid expecting And the said John Horsey so thereof being seised one John Popham Knight Chief Justice of the said Lady the Queen of Plea before the Queen her self to be held assigned by the name of John Popham Esquire George Trenchard Esquire and Edward Gorge Esquire before the within written time in which c. that is to say the 26th day of March in the yeer of the said Lady the Queen that now is the 31.th Out of the Court of Chancery of the said Lady the Queen at Westminster in the County of Middlesex then being sued forth a certain Writ of the said Lady the Queen of Entry in the Disseisin in the Post against the said John Horsey then Tenant of the Freehold of the said Mannor of Over Melcum otherwise Sturges-Melcum with the appurtenances of the said Mannor by the name of the Mannor of Horseys-Melcum otherwise Sturges Melcum with the Appurtenances And 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the Appurtenances in Horseys-Melcum otherwise Sturgis-Melcum to the then Sherifs of the aforesaid County of Dorset directed By which Writ the said Lady the Queen that now is to the then Sherif of Dorset commanded that the said then Sherif should command the said John Horsey that justly and without delay he should render to the said Iohn Popham George Trenchard and Edward Gorge the said Mannor of Horseys-Melcum with the appurtenances and 10. Messuages 300. Acres of Land 200. Acres of Meadow 5000. Acres of Pasture 300. Acres of Wood and 300. Acres of Furz and Heath with the appurtenances in Horseys-Melcum otherwise Sturges-Melcum which the said George Popham George Trenchard and Edward Gorge claimed to be their Right and Inheritance And in which the said Iohn Horsey had not entry but after the Disseisin which Hugh Hunt thereof unjustly and without Judgement made to
thereof to the value c. and in which c. and thereof they bring sute c. and the said David Tenant by his warranty defendeth his right when c. and saith that the said Hugh did not dissess the aforesaid John Popham George and Edward of the Mannor and Tenements aforesaid with the appurtenances as the said John George and Edward by their writ and declaration aforesaid above suppose and of this puts himself upon the Country c. and the aforesaid Iohn Popham George and Edward pray Licence thereof to imparle and have it c. and afterwards the said Iohn George and Edward return here into Court the same Term in their proper persons and the said David although solemnly called doth not come but departed in despight of the Court and made default Therefore it is granted That the aforesaid Iohn Popham George and Edward recover their seisin against the aforesaid Iohn Horsey of the Mannor and Tenements aforesaid with the appurtenances and that the said Iohn have of the Lands of the said David to the valew c. and the said David in mercy c. and upon this the aforesaid Iohn Popham George and Edward pray a writ of the Lady the Queen to the Sherif of the County aforesaid to be directed to give them full seisin of the Mannor and Tenements aforesaid with the appurtenances and it is granted unto them retorneable here from Easter day in 5 weeks c. At which day here came the aforesaid Iohn Popham George and Edward in their proper persons and the Sheriff that is to say Robert Frampton Esquire now sent that he by virtue of the said writ to him directed the 29th day of April last past gave to the said Iohn Popham George and Edward full seisin of the Mannor and Tenements aforesaid with the appurtenances as by the said writ to him it was Commanded c. Which recoverie in form aforesaid had was had to the use of the said Iohn Horsey and Dorothie then his wife and to the heirs males of the body of the said Iohn lawfully begotten and for default of such issue to the use of the aforesaid Iasper Horsey and the heirs males of the said Iasper Lawfully begotten and for default of such issue to the use of the right heirs of the said Iohn Horsey for ever by virtue whereof and force of the said Act of Parliament of transferring uses into possession made the aforesaid Iohn Horsey and Dorothie were seised of that Mannor with the appurtenances that is to say the said John Horsey in his demesn as of Fee tail that is to say to him and the heirs males of his body lawfully begotten and the aforesaid Dorothy in her demesn as of freehold for and during her life the remainder thereof in form aforesaid expectant and the said John and Dorothie so thereof being seised the remainder thereof in form aforesaid expectant the said John Horsey afterwards and before the within written time in which c. that is to say the 7th day of September in the year of the Reign of the said Lady the Queen that now is the 31th at Melcum aforesaid of such his estate dyed thereof seised without issue male of his body lawfully begotten and the aforesaid Dorothie him overlived and held her self in in the Mannor aforesaid with the appurtenances and was thereof sole seised in her demesn as of freehold for the term of her life by way of survivor the remainder thereof in form aforesaid expectant And that Mary Arnald wife of Richard Arnald Esquire was one Sister and Co-heir of the said John Horsey and Reginald Moon Knight was another Co-heir of the aforesaid John Horsey that is to say Son and heir of William Moon Knight and Elizabeth his wife other Sister of the said John Horsey and the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Dorothie of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the Appurtenances in form aforesaid being seised after and before the within written time in which c. that is to say the first day of September in the year of the said Lady the Queen that now is the 32th at Melcum aforesaid dyed of such her estate so seised after whose death the aforesaid Ralph Horsey and Edith unto the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances did enter and were thereof seised as the Law requireth and the said Jurors further say upon their Oath aforesaid that the said Robert Bingham the Elder and Iane of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. so as is before said for the term of their lives being seised the remainder thereof in form aforesaid expectant the said Robert Bingham the Elder after and before the time in which c. that is to say the 11th day of Ianuary in the year of the Reign of the said Lady the Queen that now is the 36 at Melcum aforesaid dyed of such his estate thereof seised the said Richard Bingham being Cousen and heir of the said Robert Bingham the Elder that is to say Son and heir of the aforesaid Robert Bingham the Younger Son and heir of the said Robert Bingham the Elder and within the age of 21 years that is to say of the age of 8 years and no more and that the aforesaid Richard Bingham is yet living and in full life that is to say at Melcum aforesaid and that the aforesaid Iane the aforesaid Robert Bingham the Elder overlived and held her self in the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. And was thereof sole seised in her demesn as of freehold for the term of her life by right of survivor the remaynder thereof in form aforesaid as the Law requireth that the aforesaid Iane of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams w th the appurtenances whereof c. in her demesn as of Freehold for the term of her life in form aforesaid being seised the aforesaid Iaue afterwards and before the within written time in which c. that is to say the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th at Melcum aforesaid died of such her Estate thereof seised after whose death and before the within written time in which c. The aforesaid Ralph Horsey Richard Veal and Edward Goor into the Tenements within written with the appurtenances entred and that after and before the within written time in which c. The aforesaid Iohn Stroud and Ann his wife and Richard Bingham into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred in the right of the said Richard Bingham By virtue of which the aforesaid Richard Bingham was of and in the Mannor aforesaid with the appurtenances whereof
for the payment of his Debts or Legacies or for any other necessary purpose or intent It shall and may be lawful to and for the said Christopher Digges together with Sr. Henry Cripps Knight John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood at any time hereafter during the life of the said Christopher Digges together with and by the joynt Consent and Agreement of the said Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or three of them the said Henry John Francis Richard Thomas and Richard by their Joynt Deed or Writing Indented of them the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christopher Digges or of three of them the said Henry John Francis Richard Thomas and Richard and being sealed with the seals of the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or of the said Christoper Digges or three of them the said Henry John Francis Richard Thomas and Richard and to be inrolled in any Court of Record of our sovereign Lady the Queen or of her Heirs and Successors to make void and frustrate any of the use or uses estate or estates in these presents above mentioned expressed or declared onely for of or in any such part or parcel of the premises as by the said Christopher Digges Henry Cripps John Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or by the said Christopher Digges or three of them the said Henry Iohn Francis Richard Thomas and Richard shall be thought meet and convenient and by the said Writing Indented and Inrolled shall be expresly limited and appointed and no otherwise And thereof by the said Writing Indented so to be inâ—olled of new to declare limit or appoint any such new or any other such use or uses estate or estates as to the said Christopher Digges Henry Cripps Iohn Brook Francis Gatacre Richard Brook Thomas Leweson and Richard Horewood or any three of the said Henry John Francis Richard Thomas and Richard shall be thought meet and convenient as by the said Writing Indented shall be expressed and declared and not otherwise any thing in this present Indenture contained to the contrary thereof in any wise notwithstanding And that immediatly from and after such new Declaration Limitation and Appointing of any new or other use or uses of or in any part or parcel of the premises by writing Intended sealed and inrolled as aforesaid than the use and uses estate or estates of such and so much onely of the premises whereof any such new Declaration Limitation or Appointment shall be so had and made shall be And the said Christopher Digges his Heirs and Assignes and all other person or persons their Heirs and Assignes which at any time hereafter shall stand and be seized of or in so much of the premses whereof any such new Declaration limiting and appointing shall be so had and made shall stand and be seized thereof to the use of such person and persons and to such use intents and conditions as shall be mentioned and expressed in the said Writing Indented and Inrolled and to none other use intent or purpose any thing above mentioned to the contrary thereof in any wise notwithstanding In witnesse whereof the parties to these presents inter changeably to this present Writing Indented have put their Seals the day and yeer above written By virtue of which Indenture and by force of a Statute transferring of uses into possession in the Parliament of the Lord Henry late King of England the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The aforesaid Christopher Digges the Father was seized of the Manors and Tenements with the appurtenances within monstraâ—s de droit above specified in his Demesn as of Freehold for the term of his life the remainâ—er thereof to the aforesaid Thomas the Heirs Males of his Body issuing and for default of such issue The Remainder thereof to the Heirs Males of the Body of the said Christopher the Father of the aforesaid Martha lawfully begotten And the said Christopher Digges the Father so of the Manors and Tenements aforesaid with the appurtenances being seized the Remainder thereof to the aforesaid Thomas in form aforesaid expecting The said Christopher Digges the Father and the aforesaid Ioh. Brook Ric. Brook Tho. Leweson afterwards and before the day c. that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 12th By a certain Indenture between them the said Christopher Digges the Father and the aforesaid Iohn Brook Richard and Thomas Leweson of the one part Thomas Ovington and Thomas Digges of Chertham in the County of Kent Gent. of the other paâ—t made and in the Court of Chancery of the said Lady the Queen that now is at Westminster then being the 4th day of Iunc in the yeer of the Reign of the said Lady the Queen that now is the 12th aforesaid in due manner of Record inrolled one part of which with the Seals of the aforesaid Christopher Digges the Father Iohn Richard and Thomas Leweson sealed To the Jurors aforesaid in evidence was shewed whose Date is the same day and yeer abovesaid In which Indenture reciting the first Indenture bearing Date the 6th of May in the yeer of the Reign of the said Lady the Queen that now is the 10th abovesaid made between him the said Christopher Digges the Father of the one part and the aforesaid Henry Cripps Knight Iohn Brook Francis Gaâ—acre Richard Brook Thomas Ltweson and Richard Horewood of the other part Covenanted Granted and Agreed to and with the aforesaid Thomas Ovington and Thomas Digges their Heirs Executors and Assigns in manner and form as followeth in these words And also whereas The said Christopher Digges at the time of the making of the said Indenture in these presents above recited was seized of an Estate of Inheritance amongst other the Manâ—rs Lands Tenements and Hereditaments abovesaid of and in one Close in the abovesaid Parish of Barham in the occupying of Bartholmew Baker containing by estimation 3. Acres and 2. Acres of Land in Stony Rock and 3. Acres and 2. yards in Parsonage-field in the occupation of the said Bartholmew Baker in Barham aforesaid and 2. half Acres of Land in the occupying of Henry Crowd and one half Acre late in the occupation of Iohn Barham Gent. in the Parish of Barham aforesaid And also 3. Acres called Green Hill and one Acre lying in Brome lease joyning to Thomas Laddes Ground and one yard in Iohn Nashes Land lying in Barham aforesaid and Kingston next Barham in the County aforesaid
that the Tax aforesaid for the Reparations of the Church aforesaid in the case aforesaid is a matter determinable at the Common Law and not in the spiritual Court Yet the said spiritual Judge to admit the same Plea Allegation utterly refused And the aforesaid Abraham and Tho. Foster him the said William Jeffrey in the spiritual Court aforesaid in the premises to be condemned and to the payment of the aforesaid several sums of Mony upon him the said William Jeffrey for the Reparations of the Church aforesaid above in this behalf specially imposed and taxed which then by the Law of the Land as before is said to pay for the reason aforesaid ought not or is bounden to do by the definitive Sentence of the said spiritual Court with all his strength endeavoreth and daily threatneth in contempt of the Queen that now is and to the losse prejudice impoverishing and manifest grievance of him the said William as also contrary to the Law of the Land aforesaid And this the said William Jeffrey is ready to aver and humbly imploring the aid assistance of the said Court of the said Lady the Queen that now is here demands remedy And the Writ of the said Lady the Queen of Prohibition to the aforesaid spiritual Judge in form aforesaid to forbid him that he the Plea aforesaid nor any thing touching the same before him he futher hold not and it is granted unto him c. And thereupon cometh John Porter of Cheddingley in the County aforesaid of Sussex Esquire Ard Thomas Aynscomb of Buxted in the County aforesaid Gent. in their proper persons and undertake for the aforesaid William Jeffrey That if it happeneth the aforesaid Abraham Kenshley and Thomas Foster To the Court of the Lady the Queen hereafter to come to demand the said Queens Writ of Consultation or otherwise to sue for Justice there of and upon the premises That then the said William the said matter or suggestion should follow with effect untill the Plea thereof by some lawful means be ended that is to say each of the Bail aforesaid upon the penalty of 10. pound which said sum of 10. pound the Bail aforesaid acknowledged and each of them acknowledged of their Lands and Goods and of every of them to be levied to the use of the said Lady the Queen If it shall so happen the said William not to prosecute in form aforesaid with effect c. REPLEVIN Michaelmas Term Anno 23. Eliz. Rot. 1160. in the Common Pleas C. 1. part Capels Case Fo. 54. THomas Gately was summoned to answer John Hunt of a Plea wherefore he took the Cattel of the said Iohn and them deteined against Gages and Pledges c. And whereupon the said Iohn by Iohn Lutwich his Attorney complaineth that the aforesaid Thomas the 27th day of November in the yeer of the Reign of the Lady the Queen that now is the 22th at Howcaple in a certain place called Stockins took his Cattel that is to say 6. Oxen and 6. Cows of him the said Iohn and them unjustly deteined against Gages and Pledges untill c. whereupon he saith he is the worse and hath loss to the value of 100 pound and thereof bringeth sute c. and the aforesaid Thomas by Thomas Willis his Attorney comes and defends the force and injury when c. And as Bayliff of Anthony Capel Gent. acknowledgeth the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because that he saith that the place in which it is supposed the taking of the Cattel aforesaid to be done doth contein and at the time of the taking of the Cattle aforesaid supposed to be done did contein in it 300. Acres of Land with the appurtenances in Howcaple aforesaid and that long before the aforesaid time in which c. One Thomas Capel Esquire was seised of the Manor of Howcaple with the appurtenances in the County aforesaid whereof the aforesaid 300. Acres of Land with the appurtenances in which c. are and at the aforesaid time in which c. as also time whereof the memory of men is not to the contrary were parcel in his demesn as of Fee and so thereof being seised after the fourth day of February in the yeer of the Reign of the Lord Henry late King of England the 8th the 27th and before the time in which c Of the said Manor with the appurtenances whereof c. amongst other enfeoffed Iohn Warmcombe Richard Wahrein Alexander Whittington Thomas Walwem Iohn I loid and Henry Iones To have and to hold the said Manor with the appurtenances whereof c. amongst other to the said Iohn Warmcombe Richard Walwein Alexander Whittington Thomas Walwein Iohn Llud and Henry â—ones their Heirs and Assigns for ever To the use of the aforesaid Thomas Capel and the Heirs Males of his body lawfully begotten and for default of such issue to the use of Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for default of such issue to the use of Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such issue to the use of William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel for ever By virtue of which Feoffment and by force of a certain Act of Parliament of the aforesaid late King at Westminster of transferring uses into possession in the 27th yeer abovesaid holden made The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the Remainder thereof in form aforesaid expectant and the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. amongst other in form aforesaid being seised before the aforesaid time in which c. at Howcaple aforesaid dyed of such his estate thereof seised after whose death The Manor aforesaid with the appurtenances amongst other descended to one William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten by which the said William Capel the Son before the aforesaid time in which c. into the Manor aforesaid with the appurtenances whereof c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten for default of such issue the remainder thereof to the aforesaid Edward and the Heirs Males of his body lawfully
begotten in form aforesaid expectant And the said Edward of that remainder as of Feetail and Right being seised before the time in which c. at Howcaple aforesaid dyed of such his Estate seised after whose death the remainder thereof descended to one Richard Capel as Son and Heir of the body of the aforesaid Edward lawfully begotten By which the said Richard Capel the Son was seised of the aforesaid remainder of the Manor aforesaid with the appurtenances whereof c. amongst other as of Feetail that is to say to him and the heirs Males of his body lawfully begotten and the said Richard Capel the Son being thereof so seised and the said VVilliam Capel the Son of the said Manor with the appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel the Son before the time in which that is to say the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid By his writing which the said Thomas Gateley with the Seal of the said Richard Capel Sealed here in Court brings whose date is the same day yeer granted to the aforesaid Anthony Capel by the name of Antho. Capel his Son one annuity or yeerly rent of 50. l. to be going out of the Manor aforesaid with the appur thereof whereof c. amongst other To have hold and enjoy the aforesaid annuity or yeerly Rent of 50. pound to the aforesaid Anthony Capel his Heirs and Assignes forever at two Terms of the yeer that is to say at the Feast of Saint Michael the Archangel and the Anuntiation of the blessed Mary the Virgin by equal Portions to be paid and if it should happen the aforesaid annuity or yeerly Rent of 50. pound to be behind not paid in part or in all after any of the Feasts aforesaid in manner and form as before is said it ought to be paid by the space of 20. dayes that then and from thenceforth and in all times as often as it should happen the aforesaid annuity or yeerly Rent so to be unpaid that then it should be lawful to the aforesaid Anthony Capel his Heirs and Assigns and every of them into the Manor aforesaid with the appurtenances whereof c. amongst other and into any part or parcel thereof to enter and distrein and the distresses so there taken and had to drive carry away impound and with him to retein untill the said Anthony Capel or his Assigns as well of the aforesaid annuity or yeerly Rent so being behind be paid as of the arrerages thereof if any were should be satisfied and paid as by the said writingâ— amongst other things more fully appeareth and the aforesaid William Capel the Son of the Manor aforesaid with the appurtenances thereof whereof c. in form aforesaid being seised afterwards and before the time in which c. That is to say the 10th day of November in the yeer of the Reign of the said Lady the Queen that now is the 19th at Howcaple aforesaid dyed without Heir Male of his body issuing and because 25. pound of the aforesaid yeerly Rent of 50. pound after the death of the said William Capel the Son at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 20th by the space of 20. dayes after the Feast to the aforesaid Anthony Capel the aforesaid time in which c. were behind not paid The said Thomas Gately as Bayliff of the said Anthony for the said 25. pound of the aforesaid yeerly Rent in form aforesaid being behind doth well avow the taking of the Cattel aforesaid in the place in which c. and justly c. as in parcel of the Manor aforesaid whereof c. to the distress of the said Anthony aforesaid charged and bound c. with this that the said Thomas Gateley will averr That the aforesaid Richard Capel at the time of the taking aforesaid was and as yet is living and in full life that is to say at Howcaple aforesaid c. And the aforesaid John Hunt saith That the aforesaid Thomas Gateley for the cause before alleged the taking of the Cattel aforesaid in the aforesaid place in which c. as Bayliff of the said Anthony Capel to be just ought not to a vow Because he saith That well and true it is That the aforesaid Thomas Capel Esquire was seised of the aforesaid Manor of Howcaple with the Appurtenances whereof c. in his demesn as of Fee and so thereof seised after the aforesaid 4th day of February in the yeer of the Reign of the said late King Henry the 8th the 27th aforesaid and before the aforesaid time in which c. Of the said Manor with the Appurtenances whereof c. enfeoffed the aforesaid John Warmcombe Richard Walweyn Alevander Wittington Thomas Walweyn Iohn Lloid and Henry Iones To have and to hold the said Manor with the appurtenances amongst other to the said Iohn Warmcombe Richard Walweyn Alexander VVittington Thomas Walweyn Iohn Lloid and Henry and their Heirs and Assigns forever to the use of the aforesaid Thomas Capel and the Heirs Males of the body of the said Thomas lawfully begotten and for default of such issue to the use of the aforesaid Edward Capel and the Heirs Males of the body of the said Edward lawfully begotten and for such default of such issue To the use of the aforesaid Richard Capel and the Heirs Males of the body of the said Richard lawfully begotten and for default of such â—â—e To the use of the aforesaid William Capel and the Heirs Males of the body of the said William lawfully begotten and for default of such issue to the use of Giles Capel for the Term of the life of the said Giles and after the decease of the said Giles to the use of the Right Heirs of the said Thomas Capel forever By virtue of which Feoffment and by force of the Statute aforesaid The aforesaid Thomas Capel was seised of the Manor aforesaid with the appurtenances whereof c. amongst other in his demesn as of Feetail that is to say to him and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof to the aforesaid Edward Capel and the Heirs Males of his body lawfully begotten and for default of such issue the remainder thereof in form aforesaid expectant and that the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised before the aforesaid time in which c. dyed of such his Estate thereof seised After whose death the Manor aforesaid with the appurtenances whereof c. amongst other descended to the aforesaid William Capel as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten By which the said William Capel the Son afterwards and before the time in which
is the worse and hath damages c. to the value of 20. pound And thereof he bringeth Sute c. And the aforesaid Rowland by William Evering his Attorny cometh and defendeth the force and injury when c. and as to the force and armes saith that he is in nothing thereof guilty And as to the rest of the Trespas aforesaid supposed to be done the said Rowland saith That the aforesaid Arthur his Action thereof against him ought not to have Because he saith That the Close aforesaid as also the place in which it is supposed the Trespasse aforesaid to be done and the time aforesaid in which it is supposed the same Trespasse to be done were 20. Acres of Pasture with their Appurtenances in Stokefaston aforesaid called New-Close and that before the time in which c. One Christopher Corbet Esquire Father of the aforesaid Rowland and Arthur was seized of the Manor of Stokefaston with the Appurtenances in the County aforesaid whereof the aforesaid 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. As also time whereof the Memory of Men is not to the contrary were parcel in his Demesn as of Fee And so thereof being seized The said Christopher before the time in which c. that is to say the 12th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th at Stokefaston aforesaid By a certain Indenture made between him the said Christopher By the name of Christopher Corbet of Stokefaston in the County of Leicester Esquire of the one part and Richard Slade Henry Allin Thomas Hunt and George Noon Gentleman of the other part One part of which sealed with the Seal of the said Christopher the said Rowland brings here in Court whose date is the same day and yeer It is witnessed That the aforesaid Christopher Corbet for and in consideration of Fatherly Love Zeal and Affection which he the said Christopher Corbet bore to the aforesaid Rowland Corbet Eldest Son of the said Christopher and for his Preferment and Advancement and for the Promotion Preferment and Establishment of Living of the said Rowland and the Heirs of his Body lawfully issuing And for and in consideration of Fatherly Love Zeal and Affection which the said Christopher bore to the said Arthur Corbet his other Son and for his Preferment and Advancement of Living And also for and in consideration of the great Love and Affection and Favour which he the said Christopher bore to Francis Corbet Son of Humphry Corbet late of Ratley in the County of Warwick Gentleman deceased his near Cosin and Kinsman and for his Preferment and Advancemement And also for the Establishment Preservation and Continuance of all and singular the Manors Lands Tenements Possessions and Hereditaments whatsoever of him the said Christopher within the Kingdom of England then after in the same Indenture mentioned or contained in the Name and Blood of the aforesaid Christopher and for other good and just causes and considerations him the said Christopher moving By the same Indenture for him and his Heirs Covenanted Granted Condescended and Agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators and to and with every of them in manner and form after in the said Indenture mentioned That is to say That he the said Christo Corbet his Heirs and Assigns And all and every other person or persons their Heirs and Assigns who then stood or were seized or which from hence forth for ever should stand and be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances in the County of Leicester of and in all other Messuages Lands Tenemnets and Hereditaments whatsoever of the aforesaid Christo Corbet in the said County of Leicester of which he the said Christopher Corbet then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence forth afterwards should stand and be seized of and in the aforesaid Manor of Stokefaston and all and singular other the premises with their Appurtenances whatsoever to the uses behoofs intentions or purposes That is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances and other the premises whatsoever with their Appurtenances in the aforesaid County of Leicester unto the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any Waste and after the decease of the said Christopher Corbet Then of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester And of and in all other Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher Corbet whatsoever with all singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher Corbet had any Estate of Inheritance in Fee Simple in possession Reversion or Remainder To the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male to the use of the aforesaid Arthur Corbet the Heirs Males of his Body lawfully begotten for default of such issue male then to the use of the aforesaid Francis Corbet Son of the aforesaid Humph. Corbet deceased the Heirs Males of the Body of the aforesaid Francis lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heirs then to the use of the Heirs of the Body of the said Arthur lawfully begotten and for default of such Heirs Then to the use and behoof of the Right Heirs of the said Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also of a certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th Of transferring of uses into possession holden made and provided The aforesaid Christopher Corbet was seized of the aforesaid Manor of Stokefaston with the Appurtenances amongst other things in his Demesn as of Free hold for the term of his life the Remanider thereof in form aforesaid expectant And the said Christopher so thereof being seized The said Christopher afterwards and before the aforesaid time in which c. that is to say the last day of May in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to
say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid And the aforesaid Arthur Corbet claiming the Manor aforesaid with the Appurtenances whereof c. of a certain deed of Demise to him thereof made for the term of his life by the aforesaid Christopher the Father long before the making of the Indenture aforesaid between the aforesaid Christopher and the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon whereas nothing of the Manor aforesaid with their Appurtenances whereof c. in possession of the said Authur by that deed ever passessed into the aforesaid 20. Acres of Pasture with the Appurtenances in which c. before the aforesaid time in which c. entred and was thereof possessed upon whose possession thereof of the said Arthur the said Rowland afterwards that is to say the aforesaid time in which c. into the said 20. Acres of Pasture with the Appurtenances re-entred and the Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances broke and the grasse there then growing with his Cattel aforesaid did eat tread and consume as it was lawful for him to do And this he is ready to aver Wherupon he demandeth Judgement if the aforesaid Arthur his Action aforesaid against him ought to have Because he saith That well and true it is That the aforesaid Christopher was seized of the aforesaid Mannor of Stokefaston aforesaid with the Appurtenances whereof the said 20. Acres of Pasture with the Appurtenances in which c. are and the aforesaid time in which c. as also from the whole time aforesaid were parcel in his Demesn as of Fee And so thereof being seized the aforesaid 12. day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th abovesaid by the said his Indenture for the causes and considerations abovesaid in the said Indenture specified for him and his Heirs covenanted granted condescended and agreed to and with the aforesaid Robert Slade Henry Allin Thomas Hunt and George Noon their Executors and Administrators to and with every of them in manner and form in the said Indenture mentioned that is to say That the said Christopher Corbet his Heirs and Assigns and all and every other person and persons their Heirs and Assigns which then stood and were seized or from then after should stand or be seized of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all the aforesaid other Messuages Lands Tenements and Hereditaments whatsoever of the aforesaid Christopher Corbet in the said County of Leicester of which the said Christopher Corbet then had any estate of Inheritance in Fee Simple in Possession Reversion or Remainder from thence after should stand and be seized of and in the aforesaid Manor of Stokefaston and all the aforesaid other premises with their Appurtenances whatsoever to the aforesaid uses behoofâ— intentions and purposes and upon and under those Provisions Limitations and Conditions in such manner and form as afterwards in the said Indenture are named limited mentioned or should be directed and unto none other use uses behoofs intents or purposes that is to say of and in the aforesaid Manor of Stokefaston with the Appurtenances in the aforesaid County of Leicester To the use and behoof of the aforesaid Christopher Corbet during his natural life without impeachment of any manner of Waste and after the decease of the said Christopher Corbet of and in the aforesaid Manor of Stokefaston with the Appurtenances and of and in all other the aforesaid Messuages Lands Tenements Rents Reversions Services and Hereditaments of the aforesaid Christopher whatsoever with all and singular their Appurtenances in the said County of Leicester of which or in which he the said Christopher then had any Estate of Inheritance in Fee Simple in Possession Reversion or Remainder to the use of the aforesaid Rowland Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue to the use of the aforesaid Arthur Corbet and the Heirs Males of his Body lawfully begotten and for default of such issue Male Then to the use of the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased and the Heirs Males of the Body of the said Francis lawfully begotten and for default of such Heir then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten and for default of such Heir to the use of the Heirs of the Body of the aforesaid Arthur Corbet lawfully begotten and for default of such Heir to the use behoof of the Right Heirs of the aforesaid Christopher Corbet for ever as by the same Indenture amongst other things more fully appeareth By colour of which as also by force of the Act aforesaid of transferring of uses into possession the aforesaid Christopher was seized of the aforesaid Manor of Stokefaston with the Appurtenances whereof c. amongst other things in his Demesn as of Free Hold for the term of his Life the Remainder thereof in form aforesaid expectant And the said Christopher being thereof so seized The said Christopher afterwards and before the time in which c. that is to say the aforesaid last day of May in the yeer of the said Lady the Queen that now is the 30th abovesaid at Stokefaston aforesaid dyed of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid seized After whose death and before the time in which c. The said Rowland Corbet into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten the Remainder thereof in form aforesaid as the aforesaid Rowland above hath alleged But the said Arthur further saith That by the Indenture aforesaid It was Conditioned Covenanted granted and agreed by and between the parties aforesaid to the said Indenture That if when and so often as the aforesaid Rowland Corbet or any the Heir Males of his Body begotten or to be begotten Or the aforesaid Arthur Corbet or any the Heirs Males of his Body lawfully begotten or to be begotten Or the aforesaid Francis Corbet Son of the aforesaid Humphry Corbet deceased or any the Heirs Males of his Body lawfully begotten or to be begotten should be fully and finally resolved and determined and advisedly determinatly and effectually devised concluded and agreed or should enter into any Communication Promise and Covenant whatsoever or advisedly and effectually should attempt procure go about or should assent to or for any Act or Acts thing or things for or concerning any Bargain Sale Discontinuance Alienâ—tion Conveiance or Assurance to be had and made of any of the aforesaid Manors lands Tenements and Hereditaments intailed or intended or mentioned to be intailed or of any of them or of any part or parcel of them whereby
Then he summon by good Summoners the aforesaid Rowland Corbet that he be before the Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of the Purification of the Blessed Mary then next following to shew why he had not done it and that the then Sheriff should have then there the summons and that Writ c. At which 8. dayes from the Purification of the Blessed Mary before Edmond Anderson Knight and his Companions then Justices of the said Lady the Queen of the Bench here that is to say at Westminster aforesaid cometh as well the aforesaid Robert Greenhurst by Thomas Lane his then Attorny as the aforesaid Rowland in his proper person And Willam Turpin Esquire then Sheriff of the County aforesaid retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say that the aforesaid Robert Greenhurst found Sureties to him the said Sheriff to prosecute his Writ aforesaid that is to say John Doo and Richard Roo and that the aforesaid Rowland Corbet was summoned by John Den and Richard Fen upon which the aforesaid Robert Greenhurst by his Attorny aforesaid in the same Court here declaring against the aforesaid Rowland upon his Writ aforesaid demanded against the said Rowland Corbet the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified as his Right and inheritance and in which the said Rowland Corbet had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers last past c. And whereupon he said That he himself was seized of the Manor and Tenements aforesaid in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking thereof the profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Rowland Corbet then defended his Right when c. And then vouched to warranty John Howell who likewise was then present here in Court in his proper person and freely the said Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified to him did warrant And upon this the said Robert Greenhurst then demanded against the said John Howell then Tenant by his warranty the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified in form aforesaid c. And whereupon he then said That he himself was seized of the Manor aforesaid with the Appurtenances in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And in which c. And thereof then brought his Sute c. And the aforesaid John Tenant by his Warranty then defended his Right when c. And then said That the said Hugh Hunt did not disseise the aforesaid Robert Greenhurst of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as the said Robert by his said Writ and Declaration aforesaid above supposeth And of this puts himself upon the Country c. And the aforesaid Robert then prayed leave to imparl c. And had it c. And afterwards the said Robert retorned back hete in the Court of the Bench aforesaid the self same Term by his Attorny aforesaid And the aforesaid John although he was solemnly called did not come back but in contempt of the Court departed and made default By which then it was granted that the aforesaid Robert Greenhurst should recover his Seisin against the aforesaid Rowland of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified And that the said Rowland Corbet should have of the Lands of the aforesaid John to the value c. And that the said John should be in Mercy c. And upon this The aforesaid Robert demandeth a Writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him full Seisin of the Manor Tenements aforesaid with the Appurtenances in the said Writ of Entry mentioned and it is granted to him retornable here that is to say at Westminster aforesaid from the day of Easter 15. dayes then next following c. At which day here that is to say at Westminster aforesaid cometh the aforesaid Robert by his Attorny aforesaid and then the Sheriff of the aforesaid County of Leicester That is to say the aforesaid William Turpin then here sent that he by virtue of the Writ to him directed the 25th day of March then last past gave to the said Robert full seisin of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as by the Writ he was commanded as by the Record and Processe thereof in the Court of the said Lady the Queen of the Bench here remaining manifestly appeareth By virtue of which Recovery the aforesaid Robert into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee And further the said Arthur saith That the Recovery aforesaid in form aforesaid had was to the use and behoof of the said Rowland Corbet and his Heirs for ever And that the said Rowland the aforesaid time of the Recovery aforesaid had or ever after had no issue of his Body lawfully begotten After which Recovery so as before is said had in and to the Disinheriting of the said Arthur of the Manor aforesaid with the Appurtenances whereof c. And before the aforesaid time in which that is to say the 30th day of June in the yeer of the Reign of the said Lady the Queen that now is the 36th abovesaid The said Arthur into the aforesaid Manor of Stokefaston with the Appurtenancs whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten By virtue of the Proviso aforesaid and by force of the aforesaid Act of transferring uses into possession the remainder thereof in form aforesaid expectant until the aforesaid Rowland the aforesaid time in which c. The Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances in which c. brake and the grass aforesaid then and there growing with the Cattel aforesaid eat trod and consumed against the Peace of the said Lady the Queen that now is as he above against him complaineth And this he is ready to aver Wherefore in as much as the aforesaid Rowland the Trespass aforesaid above acknowledgeth the said Arthur demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged c. And the aforesaid Rowland saith That the aforesaid Plea
in consideration of service done 71 Consultations 220 Plea for it 215 Continuances 5 18 36 50 62 78 91 96 105 120 121 144 161 173 174 179 208 227 236 249 257 264 270 299 314 322 328 336 344 355 356 357 358 Covenants to stand seised to the use of himself in tail remainder to the Queen 38 39 307 To levy a Fine 82 164 100 201 To stand seised to Vses 171 193 195 To deliver Evidences 55 To free Lands from Incombrance 56 That the Rents shall continue payable to the bargainee and his Heirs 56 To make further assurance 57 3â—9 To make a Joynture 99 To suffer a Recovery to Vses 318 That an Estate tail upon an Alienation shall cease as if Tenant in tail were dead without issue 311 To make Leases in Reversion 350 Conusance made by Bayliffs for Arrerages of Rent 251 Countermand Of an Arbitrament and what words are a good countermand of it 25 26 Count. In Dower 32 In a Formedon in Discender 137 Costs le Incrementa 3 51 63 67 105 250 258 264 268 344 352 D. DAmages In an Action upon the Case 3 5 8 Declarations In an Action upon the Case for diverting a Water course 1 In Assumpsit to pay mony upon forbearance not to molest 7 In Andita Querela 22 In Debt upon an Escape against a Sheriff 44 In Debt 25 27 34 In Ejectione Firme 51 69 77 82 92 52 97 106 121 In an Action of false Imprisonment 126 In an Action for proceeding against the Queens Prohibition 214 215 In a Replevin 220 233 239 259 265 268 In a second Deliverance 250 251 270 In Trespass 306 316 324 329 339 345 352 360 366 In Trespass for disturbing him to execute his Office Ut Armis where good 361 362 In Waste for cutting down and destroying of Woods 395 396 Defence 25 27 33 40 46 70 80 122 137 251 265 268 271 324 339 352 361 3â—6 Deeds Of Confirmation of a Rent 255 A Deed read to a Man illiterate in other words than it is shall not bind him 343 344 Of appointment of a Master and Governour of the Lands of an Hospital 387 Debt 25 27 Against Executors For Rent 37 Against the Sheriff for an Escape of one in Execution 44 Departure 143 Devises 30 31 To Executors to perform his Will till his Son come of the Age of 21. yeers 94 Vpon Condition to perform his Will with several limitations over to other persons to that purpose 110 112 113 Of Lands to his Wise upon Condition to bestow the profits to charitable uses 158 159. And she to have the profits during her life discharging the said uses 158 159 Of Lands to superstitious uses where void 107 108 109 Of a Term to Executors 155 Of a Term 2â—1 Of Lands to one for life the remainder to the next right Heâ—r of Tenant for life 234 Dissability 9. And what shall be a good Plea in Dissability 9 Dies datus 11. In Assize 150 172 D stringas 156 Dower where not barred by a Release 31 32 33 E. ECclesiastical Court where they refuse to allow Plea in discharge of Tythes 214 Ejectione Firme 54 69 79 92 97 106 121 Entry where congeable 95 Where for a forfeiture by Tenant for lâ—fe a Joyntress 104 For a forfeiture by a Devisâ—e upon Condition for a condition broken 159 Escape â—â— here letting a Prisoner at large is escape 49 Errors Vpon a Judgement in Debt upon an Escape 51 Where assigned where not 66 Assigned for the Queen by her Attorny General 176 177 17â— Exemplification Of the Charter of 11. E. 3. Of the Kings grant of the Lutchy of Cornwall to the Prince 291 to 297 F. FAlse Imprisonment 126 Feoffments 117 252 269 324 341 Vpon consideration to make a Joynture to the Wife 99 By a Feoffee to use where it destroyeth contingent â—ses 331 To uses 107 221 330 331. Contingent uses 333 Vpon Condition to pay a Rent to be void upon tender 252 Of a Mannor 27â— Of a House and Lands where the livery and seisin is not good nothing passeth 260 261 262 263 Fessments Contingent uses destroyed by Fests though the Feoffee hath notice of the uses in contingency 333 Levied of Lands after a Bargain and Sale first made thereof though the deed be afterwards inrolled shall stand good 399 400 Fines levied 81 83 100 101 201 202 223 239 240 242 340 Of Lands levied to the King and his Heirs Males of his Body 164 Vpon Condition 341. till mony be paid Of an Advowson 224 By Tenant for life and he in the remainder where no forfeiture but a grant of their Estates 239 240 Fine Where paid for a contempt 162 Forfeiture When by Tenant for life who comes in a Vouchee upon a common-recovery 59 60 66 By a Woman Joyntress upon a Lease made contrary to the Statute of 11. H. 7 cap. 20. 140 Where Tenant for life the Tenant in tail enfeoffees him in the reversion it is a forfeiture and devests the remainder 334 Formedon 136 G. GAvel Kind 189 Grants Of a Rent charge by Tenant in Tail in th Remainder 222 Of a Rent for life with clause of distress 251 That a Condition and power to revoke uses shall cease 328 Of a Copy hold estate by a Disseisor not good 335 A Grant of Lands to 〈…〉 d his Heirs Habendum to him and his Heirs for yeers the Habendum is void 349 350 Of a Reversion upon a Lease for life to two and one attornes 354. Grants of the King 117 166 167 316 317 Of the Office of a Sergeant at Arms 390 Ex gracia speciali certa scientia mero motu 117 118 Of a Chauntry 118 In Fee Farm 118 Non Obstantes in the Kings Grants 118 119 Of a Ward and Wardship 190 Of the Office of Steward of his Manors and Lands to an Infant from his full age for yeers 360 362 Good from a Day past 361 H. HAbere Facias seisinam 246 321 Habendum in a deed of Grant where it shall be void where not 349 350 Hospital foundation and erection of it and giving Lands to it with all particulars touching a legal foundation 376 377 I. Ioynture to the Wife with remainders over 99 100 Indentures Declaring uses upon recovery 15 Of Bargain and Sale of a Messuage and Lands 55 Of uses with Power of Revocation and to limit new uses 195 197 Of Covenant to suffer a common recovery to uses 318 319 Incorporation Of Governours of an Hospital with the particulars incident to such an Incorporation 377 378 379 380 Indictments Of Murder and the form of it 144 145 Must be certain in all poynts and circumstances 146 149 150 151 152 Not of the Accessary before the principal be attainted 152 Of Declaration of new vses or to a power of revocation 200 201 Information Of Intrusion upon the Queens possession 153 162 Inquisitions 185 Intitling the King to seize upon default of executing an Office 301 Imparlance 2 8 46 80
their Attorney come c. And upon this for certain causes to the Justices here specialty moving day is given before the same Justices to the aforesaid Edward George Richard John Will Robert and Robert to plead here untill Tuesday next following c. The same day is given to the aforesaid Thomas and Elizabeth here c. At which day come as well the aforesaid Thomas and Elizabeth as the aforesaid Edward George Richard John VVilliam Robert and Robert by their Attorneys aforesaid And upon this and certain causes to the Justices here sperially moving The Assise aforesaid is farther adjorned before the same Justices unto the Justices Inne in Chancery Lane London untill the morrow of Saint Martin next comming at which day at the aforesaid Inne of the Justices before the aforesaid Justices come as well the aforesaid Thomas and Elizabeth as the aforesaid Edward George Richard John VVilliam Robert and Robert by their Attorneys aforesaid and upon this the aforesaid George Richard John VVilliam Robert and Robert say that they have nothing in the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified nor had at the day of the Original Writ of Assise aforesaid brought nor ever after nor any injury nor disseisin to the aforesaid Thomas and Elizabeth thereof did and of this they put themselves upon the Assise and the aforesaid Thomas and Elizabeth likewise c. Therefore let the Assise be taken between them c. And the aforesaid Edward defend and Tenement of the Freehold of the Tenements aforesaid with the appurtenances in view of the Recognitors of the Assise aforesaid put and in the plaint abovesaid specified he saith That the Assise thereof between him the said Edward and the aforesaid Thomas and Elizabeth ought not to be because he saith That one Peter Vavasor Esquire was seised of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified amongst other things in his demesn as of Fee and he hereof so being seised One Andrew VVindsor Esquire VVilliam Vavasor Peter Vavasor the younger and John Laundree Gent. at another time That is to say The second day of January in the year of the Reign of the said Lady the Queen that now is the 15th out of the Court of Chancery of the said Lady the Queen the said Court of Chancery then being at VVestminster in the County of Middlesex sued forth a certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against the aforesaid Peter Vavasor Esquire of the aforesaid Tenements with the appurtenances in the view of the Recognitors of the Assise aforesaid put and in the plaint aforesaid specified with the appurtenances amongst other the same Peter Vavasor Esq then being Tenant of the Freehold of the Tenements aforesaid with the appurtenances to the then Sheriffe of the County of York directed and so plead a Common Recovery which Recovery in form aforesaid had was had and was to the use of the aforesaid Peter Vavasor for the Term of his nataral life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the said Peter Vavasor Esq and the Heirs Males of the body of the same Eldest Son lawfully begotten And for default of such issue male of the body of the same Eldest Son then to the use of the second Son of the body of the aforesaid Peter Vavasor Esquire lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so unto the 9th Son and for default of such issue male of the body of the said 9th Son Then to the use of the said Edward Vavasor now deceased Brother of the said Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast after his decease then to the use of the Eldest Son lawâ—ully begotten for default of such issue male of the body of such eldest son then to the use of the second Son of the body of the said Edward lawfully begotten the heirs males of the body of the aforesaid second Son lawfully begotten And so to the 9th Son of the said Edward and for want of such issue male of the body of the said 9th Son Then to the use of George Vavasor another Brother of the aforesaid Peter Vavasor Esquire for the Term of his natural life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the body of the said George and the Heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of such Eldest Son then to the use of the second Son of the body of the aforesaid George lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the said George and for default of such issue male of the body of the said 9th Son Then to the use of one Ra. Vavasor another Brother of the said Peter Vavasor for the Term of his natural life without impeachment of any wast and aâ—ter his decease Then to the use of the Eldest Son lawfully begotten of the body of the said Ralph and the heirs males of the body of the same Eldest Son lawfully begotten and for default of such issue male of the body of the said Eldest Son Then to the use of the second Son of the body of the aforesaid Ralph lawfully begotten and the heirs males of the body of the same second Son lawfully begotten and so to the 9th Son of the aforesaid Ralph and for default of such issue male of the body of the said 9th Son Then to the use of one Marmaduke Vavasor another of the Brothers of the aforesaid Peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease Then to the use of the Eldest Son lawfully begotten of the body of the aforesaid Marmaduke and the heirs males of the body of such Eldest Son lawfully begotten and for default of such issue male of the body of the same Eldest Son Then to the use of the second Son of the body of the aforesaid Marmaduke lawfully begotten and the heirs males of the body of the same second Son lawfully begotten And so to the 9th Son of the said Marmaduke And for default of such issue male of the body of the same 9th Son Then to the use of one Robert Vavasor another Brother of the aforesaid Peter Vavasor for the Term of his natural life without impeachment of any wast and after his decease then to the use of the Eldest Son lawfully begotten of the body of the said Robert Vavasor and the heirs males of the body of the same Eldest Son lawfully begotten and for default of
And Andrew Windsor of the same house Esquire William Vavsor of Linton in the County of York Gent. Peter Vavasor the younger of Spallington in the County of York Gent. and John Laundere of Staple Inn near London Gent. on the other party witnesseth that it is Covenanted concluded condescended declared and fully agreed betwixt the said parties and either of the said parties for him and his Heirs and their Executors and Administrators do Covenant condescend declare and agree by these presents to and with the other his and their Heirs Executors and Administrators in manner and form following That is to say Whereas the said Andrew Peter William and John have this present Term of Saint Hillary recovered to them and to their Heirs for ever by writ of Entry of disseisin in the Post had and prosecuted against the said Peter Vavasor Esquire before Sir James Dyer Kt. Richard Harper Roger Manwood and Robert Mounson Justices of our said Lady the Queens Majesty of her Court of Common Pleas at Westminster according to the usuall Order and form of Common recoveries heretofore used The mannor of Spaldington with the appurtenances and diverse other Lands Tenements and Hereditaments siituating and being in the Towns Parishes Hamlets and Fields of Spaldington Willytost Cripthorpe Bubarch Brighton Southcave and Replingham in the said County of York at the time of the said recovery had being the Inheritance of the said Peter Vavasor Esquire other than such Messuages Lands Tenements and Hereditaments as the said Peter Vavasor Esquire lately purchased of one Henry Johnson Esquire by the names of the Mannor of Spaldington 40 Messuages 30 Tofts 30 Gardens 3 Dovehouses 1 Windmill 2000 Acres Land 500 Acers of Meadow 2000 Acres of Pasture 500 Acres of Wood 2000 Acres of Moor with the appurtenances in Spaldington Bubarch Brighton Willitost Gripthorp Southcave and Replingham That the intent and true meanning of all the said parties now is and at the time of the said Recoverie so had and suffered was That the said Andrew William Peter the younger and John and their Heirs and his Heirs or every of them immediately from and after the said Recoverie so had and executed should and shall stand and be seised of the said Mannor and of all other the Lands Tenements Hereditaments in the said Recovery meant and intended to be comprised that is to say of and in the said Mannor of Spaldington with the appurtenances and also of and in the Messuages Tofts Gardens Lands Tenements and Hereditaments with the appurtenances in Spaldington Willytost Gripthorp Bubarch Brighton Southcave and Replingham at the time of the said Recoverie had being the Inheritance of the said Peter Vavasor the Lands Tenements Hereditaments lately purchased by the said Peteer Vavasor of Henry Johnson only excepted as is aforesaid To the only uses intents hereafter by these presents set forth and declared and to none other uses intents or purposes That is to say To the use of the said Peter Vavasor Esquire for term of his natural life without impeachment of any manner of wast after the decease of the said Peter Vavasar Esquire then to the use and behoof of the eldest Son lawfully begotten of the said Peter Vavasor of the Heirs males of the Body of the said Eldest Son Lawfully begotten And for default of such Issue male of the bodie of such eldest Son to the use of the second Son of the body of the said Peter Vavasor Lawfully begotten and the Heirs males of the body of the said second Son Lawfully begotten c. And so to the 9th Son of the said Peter and for default of such Issue male of the body of such 9th Son To the use of Edward Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life without impeachment of any wast and after his decease to the use of the eldest Son Lawfully begotten of the Body of the said Edward and of the Heirs males of the Body of the said Eldest Son Lawfully begotten And for default of such issue male of such Eldest Son To the use of the second Son of the body of the said second Son Lawfully begotten c. And so to the 9th Son of the said Edward and for default of such issue male of the body of such 9th Son to the use of George Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life without impeachment of wast and after his decease to the use of the eldest Son Lawfully begotten of the body of the said George Vavasor and of the Heirs males of the body of the said Eldest Son Lawfully begotten and for default of such issue male of the body of the said eldest Son To the use of the second Son of the body of the said George Vavasor Lawfully begotten and of the Heirs males of the body of second Son Lawfully begotten c. And so to the 9th Son of the said George And for default of such issue male of the body of such 9th Son to the use of Ralph Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life without impeachment of wast and after his decease to the use of the Eldest Son Lawfully begotten of the body of the said Ralph Vavasor and the Heirs males of the body of the said Eldest Son Lawfully begotten and for default of such issue male of the body of such Eldest Son To the use of the second Son of the body of the said Ralph Vavasor Lawfully begotten and the Heirs males of the body of the said second Son Lawfully begotten c. And so to the ninh Son of the said Ralph and for default of such issue male of the Body of such ninth Son To the use of Marmaduke Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life without impeachment of waste and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Marmaduke Vavasor and of the Heirs males of the body of the said Eldest Son Lawfully begotten c. And so to the ninth Son of the said Marmaduke And for default of such issue male of the Body of such ninth Son To the use of Robert Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life without impeachment of any waste and after his decease To the use of the Eldest Son Lawfully begotten of the Body of the said Robert Vavasor and of the heirs males of the Body of the said Eldest son Lawfully begotten and so to the ninth Son of the said Robert and for default of such issue male of the Body of such ninth Son To the use of Thomas Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life without impeachment of any waste and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Thomas Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Thomas and for default of such issue male of the Body of such ninth Son To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq for term of his natural life without impeachment of any wast after his decease to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of
the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Richard and for default of such issue male of such ninth Son to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight Lawfully begotten And for default of such issue male To the use of the right Heirs of the said Richard Vavasor for ever c. Provided c. And farther the Recognitors aforesaid say upon their Oath aforesaid That the aforesaid TenemeÌ„ts with the appurtenances in their view put and in the plaint aforesaid specified and in the recovery aforesaid comprized are parcel of the Mannors Lands and Tenements in the Indenture aforesaid specified and not other nor diverse But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire in form aforesaid made and had bearing date the aforesaid first day of February and first delivered the aforesaid 15th day of February in the 15th year abovesaid after the recovery aforesaid being to the uses in the same specified be good and sufficient in Law to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances or not The said Recognitors are altogether ignorant and thereof pray the advice of the Justices aforesaid and of the Court here c. And if to the same Justices and to the Court here It shall seem That the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the aforesaid Recovery in form aforesaid had and made bearing date the aforesaid first day of February and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified be good and sufficient in Law to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said Recovery of the Tenements aforesaid in view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged And that the aforesaid George Richard Coats John William Robert Thissilwood and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances as the said George Richard Coates John William Robert and Robart above have alleged And if it shall seem to the same Justices and to the Court here that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the Recovery aforesaid in form aforesaid made and had bearing date the aforesaid first day of February in the 15th yeare aforesaid after the aforesaid Recovery is insufficient in Law to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth above have alleged and that the aforesaid Thomas Dowman and Elizabeth were seised of the Tenements aforesaid in the view of the same Recognitors put and in the plaint aforesaid specified with the appurtenances in their demesn as of Fee in the right of the said Elizabeth until the aforesaid Edward Vavasor George Vavasor Richard Coates John Lawson William Musgrave Kobert Thissilwood and Robert ward them the said Thomas and Elizabeth thereof unjustly and without Judgment but not with force and Armes disseised them and then they assesse the Damages of the said Thomas Dowman and Elizabeth by occasion of the disseisin aforesaid besides their costs and charges by them about their sute in this behalf expended to 20 shillings and for their costs and charges to 10 shillings And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following c. to hear their Judgment thereof because the said Juste â—s here are not yet c. and diverse other meetings until Saturday nex after the morrow of All Souls c. Until Saturday next after the morrow of Martin c. And until Wednesday next after 8. dayes of the Holy Trinity c. At which day before the aforesaid Robert Shute and John Glench then Justices c. At the aforesaid Inn of the Justices As well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward George Richard Coats John William Robert and Robert by their Attornies come And because the Justices aforesaid here c Further day is given to the parties aforesaid before the Justices of the said Lady the Queen to take Assizes in the aforesaid County of York assigned at the aforesaid Castle of York until Monday the 6th day of August next comming c. Before which day the said Lady the Queen that now is By other her Letters Patents whose date is at Westminster in the year of her Reign the 24th the Tenor of which followeth in these words c. Elizabeth c. To our Beloved and Faithful John Clench Baron and Francis Gawdy one of her Serjants at Law Greeting Know ye c. And then follow the Letters Patents c. And because the same Justices here will farther avise themselves of and upon the premises before they give their Judgement thereof day c. Before them the said John Clench and Francis Gawdy then Justices c. At the aforesaid Inn until Saturday next after the morrow of All Souls c. At which day the aforesaid John Clench and Francis Gawdy then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not but withdrew themselves from the said Inn because before the said day for the infection of the Air and of the Plague of Men in the City of London and the Suburbs thereof as also in the City of Westminster being the Term of St. Michael which then
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
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
seised of the Mannor of Nether Melcum otherwise Binghams Melcum aforesaid with the appurtenances whereof c. that is to say to the said Robert and Jane and the heirs of the aforesaid Robert for ever And the said Jurors farther say upon their Oath aforesaid that the said Robert Bingham the Elder then was seised in his Demesn as of Fee of and in the Mannor Lands and Tenements called Melcum Binghams situate in Tollor Porcoram in the said County of Dorset and the said Robert so of the Mannor and the said Tenements and of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. being seised A Fine was Levyed in the Court of the said Lady the Queen that now is at Westminster aforesaid before the within written time in which c. that is to say in the morrow of the holy Trinity in the year of the Reign of the said Lady the Queen that now is the 20th before Iames Dyer Roger Manwood and Robert Mounson and Thomas Mead then Justices of the said Lady the Queen of the Bench and other of the said Lady the Queens faithfull people then present Between Richard Rogers Knight Nicholas Furbervile and John Williams Esquires then plaintifs and the aforesaid Robert Bingham the Elder Esquire then deforceant of the said Mannor of Nether Melcum otherwise Melcum Binghams whereof c. and of the said Mannor of Melcum Binghams with the appurtenances by the names of the Mannor of Melcam Bingham and Melcum Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Lands 300 Acres of Meadow 50 Acres of Pasture 20 Acres of Wood and 1000 Acres of Furz and Heath with the appurtenances in Neither Melcam Toller Porcoram Magouder and Haselberry Brion in the County of Dorset and of 3 Messuages 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres Pasture 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Geffery Bardchalk Alderbery East Grimsted and West Grimsted in the County of Wilts whereupon a plea of Covenant was summoned between them in the said Court That is to say that the said Robert Bingham the Elder acknowleged the said Mannors and Tenements with the appurtenances to be the right of the said Richard Rogers as those which the said Richard Rogers Nicholas Turbervile and John Williams had of the gift of the said Robert Bingham and released and quit claymed from him and his heirs to the said Richard Rogers Nicholas Turbervile and John williams and the heirs of the said Richard Rogers for ever And further the said Robert Bingham granted for him and his heirs that the warrant to the aforesaid Richard Rogers Nicholas Turbervile and John Williams and to the heirs of the said Richard Robers the aforesaid Mannors and Tenements with the appurtenances against the said Roqert Bingham and his heirs for ever the Tenor of which fine followeth in these words This is the final Concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity in the year of the Reign of Eliz by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 20th before James Dyer Roger Manwood Robert Mounson and Thomas Meade Justices and other of the Lady the Queens faithfull people then and there present between Richard Rogers Knight Nicholas Turburvile Esquire and Iohn Williams Esquire Complaiâ—ants and Rober Bingham the elder Esquire deforceant of the Mannors of Melcam Bingham and Wolcomb Bingham with the appurtenances as also of 6 Messuages 2 Tofts 1300 Acres of Land 300 Acres of Meadow 50 Acres of pasture 20 Acres of wood and 1000 Acres of Furz and Heath with the appurtenances in Nether Melcum Toller Porcorum Mapowder and Haseberry Bayan in the County of Dorset and of 8 Messuages 3 Tofts 6 Gardens 1000 Acres of Land 100 Acres of Meadow 300 Acres of Pasture and 300 Acres of Furz and Heath with the appurtenances in Codford Mary Codford Peter Ashton Gyfford Burdchalke Alderbury East Grimsted and West Grimsted in the County of Wilts whereof a plea of Covenant was summoned between them in the said Court that is to say That the said Robert acknowleged the Mannors and Tenements aforesaid with the appurtenances to be the right of the said Richard as those which the same Richard Nicholas and Iohn had of the gift of the said Robert and those released and quit claymed from him and his heirs to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs And further the said Robert graunted for him and his heirs that they warrant to the said Richard Nicholas and Iohn and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs for ever And for this Recognition release quit claym warranty fine and Concord the same Richard Nicholas and Iohn gave to the said Robert 826 pound Sterling Which fine aforesaid levyed and had was levyed of the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. to the use of the said Robert Bingham the Elder for the Term of his life and after his decease then to the use of the aforesaid Robert Bingham than Son and heir apparent of the said Robert Bingham the Elder and the heirs of his body upon the Body of Ann then wife of the said Robert Bingham the Son to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever And of the aforesaid Mannor and Tenements called Wolcumb Binghams with the appurtenances to the use of the said Robert Bingham the Son and the aforesaid Ann and the heirs of the body of the said Robert Bingham the Son upon the body of the aforesaid Ann Lawfully to be begotten and for default of such issue to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever By virtue of which Fine and by force of the aforesaid Act of Parliament of transferring uses into possession made and provided the aforesaid Robert bingham the Elder was seised of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. in his demesn as of freehold for the Term of his life the remainder thereof to the said Robert Bingham the Younger in Fee tayl that is to say to him and to the heirs of his body to be begotten upon the Body of the said Ann the remainder to the right heirs of the said Robert Bingham the Elder for ever And besides the said Robert Bingham the Younger Ann his wife were seised of the said Mannor Land and Tenements called Wolcum Binghams with the appurtenances that is to say to the aforesaid Robert Bingham the
Younger in his demesn as of Feetail that is to say to him and the heirs of his body upon the body of the said Ann his wise Lawfully to be begotren and the aforesaid Ann in her demesn as of Freehold for the Term of her life the remainder thereof to the right heirs of the said Robert Bingham the Elder for ever And the Jurors aforesaid say upon their Oath aforesaid that at the time of the Levying of the said last recited Fine by the said Robert Bingham the Elder in form aforesaid had the said John Horsey was seised of the aforesaid Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances in his demesn as of Fee and the said John Horsey so thereof being seised a Fine was Levyed in the Court of the said Lady the Queen that now is at the Castle of Hartford in the County of Hartford after and before the within written time in which c. that is to say in the morrow of All Souls in the year of the Reign of the said Lady the Queen that now is the 24th before Edmund Anderson Thomas Meade Francis Windham and William Periam then Justices of the said lady the Queen of the Bench other of the said Lady the Queens faithful people then there present between Henry Viscount Bindon Sichard Rogers Knight Henry Ashley Knight Thomas Hayward George Trenchard John Strange-waies John Williams Richard Watkins Thomas Muttens Henry Collier Edward St. Karke John Fitz-Williams and George Gilbert Fsquires then plaintiffs and the said John Horsey Knight then defendant of the said Mannor of Over Melcum otherwise Horseys Melcum otherwise Sturges Melcum with the appurtenances by the names of the Mannors of Clyfton Malarke Thorneford Nether Crompton Bradford Sherborne Wyke Horseys Melcum otherwise Sturges Melcum with the appurtenances and 250 Messuages 100 Toâ—ts 10 Mills 10 Dovehouses 3000 Acres of Lands 2000 Acres of Meadow 5000 Acres of Pasture 1000. Acres of Wood 3000. Acres of Furz and Heath and 10. pound Rent with the Appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beere-Hacket Shirborn Lillington Nether-Crompton Over-Crompton Long Barton Oburne Heyden Vpmelcum Nether Melcombe Cheselborn Buckland Plushe Mapowder Mylton other Midleton and Helton And the Rectory of Bradford with the appurtenances As also of the Advowson of the Churches of Melcombe Nether-Melcombe Clyfton Malank Thorneford Nether-Crompton and Bradford in the County of Dorset And of the Mannors of Horsey and Peignes with the Appurtenances and 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chilton Beugh Stafford Berwick Weston Bondrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a plea of Covenant was summoned between them in the same Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which the said Viscount Richard Rogers Henry shley Thomas Howard George Trenchard John Strange-wayes John Williamâ— Richard Watkings Thomas Muttens Henry Coker Edward St. Kerke John Fitz James and George Gilbert had of the gift of the said John Horsey and those realesed and quit claimed for him and his Heirs to the said Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Strangewayes John Williams Richard Wakâ—ns Thomas Muttens Henry Coker Edward St. Kerke John Fitz-James and George Gilbert and to the Heirs of the said Viscount for ever And further the said John Horsey granted for him and his Heirs that they warrant to the aforesaid Viscount Richard Rogers Henry Ashley Thomas Howard George Trenchard John Stangewayes John VVilliams Richard VVatkins Thomas Muttens Henry Coker Edward St. Kerke John Fiz-James and George Gilbert and to the Heirs of the said Viscount the aforesaid Mannors Rectories Tenements and Hereditaments with the appurtenances and the Advowson aforesaid against all men for ever The Tenor of which Fine followeth in these words This is a final Concord made in the Court of the Lady the Queen at the Castle of Hartford in the morrow of All Souls in the yeer of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the Faith c. from the Conquest the 24th before Edmond Anderson Kt. Thomas Mead Francis VVindham and VVilliam â—eriam Justices and other of the Queens faithful people then here present Between Henry Viscount Byndon Richard Rogers Kt. Henry Ashley Kt. Thomas Howard Esq George Trenchard Esq John Strangewayes Esq John VVilliams Esq Richard Watkins Esq Thomas Muttens Esq Henry Coker Esq Edward St. Karke Esq John Fiz-James Esq and George Gilbert Esq Plantifs and John Horsey Kt. Deforciant of the Mannors of Clyfton Malanke Thorneford Nether-Compton Bradford Sherborn Wyke Horseys Melcomb otherwise Sturges Melcomb with the appurtenances and of 250. Messuages 100. Tofts 10. Mills 10. Dove houses 3000. Acres of Land 2000. Acres of Meadow 5000. Acres of Furz and Heath and 10. pound Rent with the appurtenances in Yettmister Ryme intrinseca Thorneford Bradford Beer-Hacket Sherborn Lillington Nether-Compton Over-Compton Long-Burton Oburne Hayden Vxnelcombe Nether-Melcombe Chaselborne Bucklaud Plashe Mapowder Mylton otherwise Midleton and Helton And of the Rectory of Bradford with the appurtenances as also of the Advowsons of the churches of Melcombe Nether-Melcombe Clyfton Malanke Thorneford Nether-Compton and Bradford in the County of Dorset And of the Mannor of Horsey and Pâ—egnes with the appurtenances And of 20. Messuages 6. Tofts 2. Mills 2. Dove-houses 1000. Acres of Lands 60. Acres of Meadow 1200. Acres of Pasture 40. Acres of Wood 1000. Acres of Furz and Heath and 40. shillings Rent with the appurtenances in Bridgwater Chitton Bough Styford Barwick Weston Baudrip Peryson Chedsey Wembdon and Cannington in the County of Somerset Whereupon a Plea of Covenant was summoned between them in the said Court That is to say That the said John Horsey acknowledge the aforesaid Mannors Rectories Tenements and Rents with the Appurtenances and the Advowsons aforesaid to be the right of the said Viscount as those which he the said Viscount Rich. Hen. Tho. George Joh. Strange-wayes Iohn Williams Rich. Tho. Henry Edward John Fitz James and George have of the guilt of the aforesaid John Horsey and then released and quit claimed from him and his Heirs to the aforesaid Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Williams and George and to the Heirs of the said Viscount for ever And besides the said John Horsey grants for him his Heirs That they warrant to the said Viscount Richard Henry Thomas George John Strange-wayes John Williams Richard Thomas Henry Edward John Fitz-Iames and George and to the Heirs of the said Viscount the aforesaid Mannors Rectory Tenements and Rents with the appurtenances
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
year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid in the County of Cambridge was duly and lawfully ordained and made a Graduate of â—â—e University aforesaid that is to say Doctor in Physick according to the Lawes Statutes Constitutions and ordinances of the said University of Cambridge aforesaid and that he the said Thomas Bonham then and there had accomplished all things concerning his Degree aforesaid by his form without grace from time to time according to the Lawes Statutes Constitutions and Ordinances of the said University of Cambridge aforesaid By colour whereof the same Thomas Bonham a Graduate of the University of Cambridge aforesaid that is to say being Doctor in Physick in the form aforesaid who had accomplished all things concerning his Degree aforesaid for his form without any grace The said faculty of Physick from time to time in the said City of London that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did exercise as it was lawful for him to do until the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden together with c. the aforesaid 10th day of November in the 4th yeer abovesaid with force and Arms him the said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and him there in Prison long that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England did detain as the aforesaid Thomas Bonham above against them complaineth and this he is ready to averr Whereupon in as much as the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden the Trespasse and Imprisonment aforesaid above have acknowledged The said Thomas Bonham demandeth Judgement and his damages by reason of the Trespasse and Imprisonment aforesaid to be adjudged unto him c. And the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden say That the aforesaid Plea of the aforesaid Thomas Bonham above by Replication pleaded is not sufficient in Law to the Action of the aforesaid Thomas Bonham against them the said Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden to maintain and that they to that Plea in manner and form aforesaid by Replication pleaded need not nor by the Law of the Land are bound to answer and this they are ready to averr whereupon they demand Judgement and that the said Thomas Bonham from having his Action aforesaid against them to be barred And the aforesaid Thomas Bonham for as much as he sufficient matter in Law to maintain his Action aforesaid against the said Henry Atkins George Thomas Moundford John Argent John Taylor and William Bowden above hath alleged which he is ready to aver which matter the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden do not deny nor to the same any wayes answer but the same averment altogether to admit do refuse as at first he demands Judgement and his damages by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him c. And because the Justices here will avise themselves of and upon the premises aforesaid whereof the parties have put themselves to the Judgement of the Court aforesaid before that they give their Judgement thereof Day is given to the parties here until in 8. dayes of St. Hillary to hear their Judgement thereof because the Justices here are not yet c. Formedon Michaelmass Term Anno 37. 38. Eliz. Rot. 82. in the COMMON PLEAS Lincoln College Case C. 3. part fol. 53. a. Robert Chamberlain Esq by Apollo Plain his Attorny demandeth against the Warden or Rector and Scholars of the Blessed Lady Mary and All Saints of Lincoln in the University of Oxford the Mannors of Pettesho and Eckney with the appurtenances Except 120. Acres of Pasture in Pettesho aforesaid and 30. Acres of Pasture in Eckney aforesaid which Alured Cornburgh Esq Richard Danvers Esq Nicholas Statham and William Callow gave to Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain begotten And which after the death of the aforesaid Richard and Sibil and of Edward Son and Heir of the said Edward Chamberlain and of Leonard Son and Heir of the said Edward and of Francis Son and Heir of the said Leonard to the aforesaid Robert Son and Heir of the aforesaid Francis ought to descend by the form of the gift aforesaid c. Whereupon he saith That the aforesaid Alured Connâ—burgh Richard Danâ—â—rs Nicholas and William gave the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and to the Heirs Males of the Body of the said Richard Chamberlain begotten in form aforesaid c. By which gift the said Richard and Sibil were seised of the said Mannors with the appurtenances that is to say the said Richard in his Demesn as of Fee and Right and the said Sibil in her Demesn as of Free hold by the form c. in the time of peace in the time of the Lord Ed. late King of England the 4th after the Conquest taking thereof the profits to the yeerly value c. And from him the said Richard the Right descended by the form to one Edward as Son and Heir c. And from him the said Edward the Right descended by the form c. to one Leonard as Son and Heir c. And from him the said Leonard the Right descended by the form c. to one Francis as Son and Heir c. And from the said Fran. Son of the said Leonard the Right descended by the form c. to this Robert who now demandeth as Son and Heir c. And which after the death c. And thereof bringeth Sute c. And the aforesaid Warden or Rector and Scholars by William Pain their Attorny come and defend their Right when c. And say That the aforesaid Robert Chamberlain his Action aforesaid against them ought not to have By protestation taking it That the aforesaid Alured Cornburgh Richard Danvers Nicholas Stathum and William Collow did not give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil Fowler in manner and form as in the Declaration aforesaid is alleged For Plea say That long after the time in which the gift aforesaid is supposed to be made Richard Lyster Gent. Martin Linsey John Cotesford John Clayton William Hogeson and Robert Taylor Clerks were seised of the Mannors aforesaid with th appurtenances in their Demesn as of Fee and so being thereof seised The aforesaid Sibil Great-Grandmother of the said Robert Chamberlain whose Heir the same Robert is The 5th day of May in the yeer of the Reign of the Lord Henry late King of England
And whereupon then they said That they themselves were seised oâ— the Mannors Tenements and Rents aforesaid with the appurtenances in their Demesn as of Fee and Right in the time of peace in the time of the said late King Edward the 4th taking thereof the profits to the value c. And the aforesaid Robert Tenant by his warranty aforesaid defended the right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right and all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified And then put himself on the grand Assize of the said late King Edward the 4th and then demanded Recognition to be made whether he more right then had to hold the Mannors Tenements and Rents aforesaid with the appurtenances to him and his Heirs as Tenant thereof by his warranty as he then held or the aforesaid Richard Danvers Alured Nicholas and VVilliam to have the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified as they above them demanded c. And the aforesaid Richard Danvers Alured Nicholas and VVilliam then returned back in the same Court the same very Term of Holy Trinity in the year of the Reign of the said late King Edward the 4th after the Conquest the 11th by their then Attorny aforesaid And the aforesaid Robert sollemnly called did not come back but departed in despite of Court and made default wherefore it was then granted by the same Court That the aforesaid Richard Danvers Alured Nicholas and VVilliam should recover their seisin against the aforesaid Chamberlain of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified To hold to them and their Heirs quietly from the aforesaid Richard Chamberlain and his Heirs And that the aforesaid Richard Chamberlain then should have of the Lands of the said Robert to the value c. And that the said Robert should then be in mercy c. as by the Record and Processe thereof here in Court remaining it manifestly appeareth Which Recovery in form aforesaid had was had to the use and intent that the aforesaid Alured Richard Danvers Nicholas Stathum and VVilliam Collow should give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and the Heirs Males of the Body of the said Richard Chamberlain issuing By Colour of which Recovery the aforesaid Alured Richard Danvers Nicholas and VVilliam Collow into the Mannors and Tenements aforesaid with the appurtenances entred and were thereof seised in their Demesn as of Fee to the use and intent aforesaid And so thereof to the use and intent aforesaid being seised The said Alured Richard Danvers William Stathum and Willam Collow give the aforesaid Mannors with the appurtenances to the aforesaid Richard Chamberlain and Sibil By the names of Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain issuing as the said Robert Chamberlain by his Writ and Declaration aforesaid above supposeth By which gift the aforesaid Richard Chamberlain and Sibil were seised of the Mannors aforesaid with the appurtenances that is to say the said Richard Chamberlain in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Sibil in her Demesn as of Free hold for the term of her life by the form of the gift aforesaid And afterwards the said Richard Chamberlain at Pettesho aforesaid took to Wife the aforesaid Sibil Great Grandmother of the aforesaid Robert Chamberlain and had issue male of his Body issuing the aforesaid Edward Chamberlain and afterwards the said Richard Chamberlain at Pettesho aforesaid dyed and the aforesaid Sibil him overlived and held her self in the Mannors aforesaid with the appurtenances and was thereof sole seised in her Demesn as of Free hold for the Term of her life by right of Survivor c. by the form of the gift aforesaid And afterwards the said Sibil by her aforesaid Writing of Release Remised and released to the aforesaid Richard Lyster Martin Linsey John Cottesford John Clayton and VVilliam Hogeson and Robert Taylor all her Right Claim Title State Use Interest and demand of and in the Mannors aforesaid with the appurtenances in manner and form as in the aforesaid Bar above is specified And that afterwards the said Sibil at Pettesho aforesaid dyed And from the aforesaid Richard the right descended by the form c. to the aforesaid Edward as Son and Heir c. And from the said Edward the right descended by the form c. to the aforesaid Leonard as Son and Heir c. And from the aforesaid Leonard the right descended by the form c. to the aforesaid Francis as Son and Heir c. And from the said Francis the right descended by the form c. to the said Robert who now demandeth as Son Heir c. as he by his Writ and Declaration aforesaid supposeth And this he is ready to averr wherefore for as much as by force of a certain Act of Parlament in the Parliament of the late Lord King Henry the 7 th at VVestminster aforesaid in the County aforesaid in the yeer of his Reign the 11 th holden made The aforesaid Warranty of the aforesaid Sibil in form aforesaid made is altogether void he demandeth Judgement and his seisin of the Mannors aforesaid with the appurtenances to be to him adjudged And the aforesaid Warden or Rector and Scholars say That by the aforesaid Act in the aforesaid Parliament of the late King Henry the 7 th â—t VVestminster aforesaid in the yeer of his Reign the 11 th abovesaid holden made It is provided That the Act aforesaid should not extend to any such Recovery or discontinuance in which the Heirs next inheritable to such Woman or where he or they who next after the death of the said Woman had or should have the estate of Inheritance in the said Mannors Lands and Tenements should be assenting or agreeing to the aforesaid Recoveries where the same assent or agreements are of Record or inrolled as by the said Act amongst other things it appeareth And the said Warden or Rector and Scholars further say That before the making of the said Writing of Release of the aforesaid Sibil and after the death of the aforesaid Richard Chamberlain Nicholas Evan Clerk and Thomas Hartop Clerk the Second Day of June in the yeer of the Reign of the said late King Henry the 8th after the Conquest the 4th out of the Court of the Chaâ—cery of the said late King then being at Westminster aforesaid sued forth an Original Writ of the said late King of Entry upon Disseisin in the Post against the aforesaid Edward Chamberlain of the Mannors aforesaid with the appurtenances to the then Sherifs of the County of Buckingham directed
Memorandum That Edward Coke Esquire The Attorny General of the Lady the Queen that now is who prosecutes for the said Lady the Queen present here in Court the 20th Day of June this Term in his own person for the said Lady the Queen gave the Court here to understand and be informed That whereas a Wood with the appurtenances called Alcon otherwise Aluington Wood containing by estimation 3000. Acres of Wood in Alton otherwise Aluington and Rock in the aforesaid County of Worcester in the Hands and possession of the said Lady the Queen that now is the first Day of October in the first yeer of her Reign and long before and continually after were and stood and of Right ought to be and yet ought as in the Right of her â—rown of England as in very many Records Roules and Remembrances of this Exchequer it is evident and appeareth upon Record Yet one Ann Countess of Warwick Humphry Hill Richard Bushopp and Edward Bushopp little regarding the Lawes and Statutes of the said Lady the Queen that now is but intending the Disenherism of the Lady the Queen in the premises with Force and Armes c. the first Day of October in the yeer of the Reign of the said Lady the Queen that now is the 27th and diverse Dayes and turns between the same first Day of October in the 27th yeer and the Day of Exhibiting of this Information in and upon the possession of the said Lady the Queen of the premises Entred Intruded and made Entry and the Issues and Profits thereof coming perceived to their own uses and had and as yet do perceive and have the same Trespass continuing and as yet continuing in contempt of the said Lady the Queen that now is and against her Lawes Whereupon the aforesaid Attorny of the said Lady the Queen for the said Lady the Queen prayes the Advise of the Courâ— in the premises And the aforesaid Ann Countess of Warwick Humphry Hâ—ll Richard Bishopp and Edward Bishopp come here to answer the said Lady the Queen of and in the premises as it is contained there And now that is to say From the day of Holy Trinity in three Weekes this Term came here the aforesaid Richard Bishopp by Arthur Salwaie his Attorny to this by special favour of the Court admitted and prayeth the hearing of the Information aforesaid and it is read unto him c. Which being read and heard and by him the said Richard fully understood The said Richard complaineth by colour of the premises in the Information aforesaid above specified to be troubled and unquietted and that not justly Because By Protestation that the Information aforesaid and matter in the same contained is not sufficient in Law and to which the said Richard is not necessitated nor by the Law of the Land bound to answer in any manner By Protestation also That the Wood aforesaid in the Information aforesaid above mentioned doth not contain nor the aforesaid time of the Trespass and Intrusion aforesaid above supposed to be done did contain in it 3000. Acres in manner and form as by the Information aforesaid above is supposeed Yet for Plea The said Richard as to the Force and Armes or whatsoever is against the Peace of the said Lady the Queen that now is As also the whole Trespass Contempt and Intrusion in the Information aforesaid above specâ—fied supposed to be done besides the Entry and Ingresse into the Wood aforesaid called Alton Wood otherwise Alvington Wood the 21th Day of February in the Yeer of the Reign of the Lady the Queen that now is the 32th and from the same Day until the Day of Exhibiting of the Information aforesaid and besides the perceiving the Issues and Profits thereof by that time comming above supposed The said Richard saith that he in nothing thereof is guilty in manner and form as by the Information aforesaid above is supposed and upon this puts himself upon the Country And the aforesaid Attorny General of the said Lady the Queen that now is who for the said Lady the Queen in this behalf prosecutes likewise c. Therefore an Inquisition be made thereof c. And as to the Entry and Ingress into the Wood aforesaid the aforesaid 21th Day of February in the 32th Yeer aforesaid and from that Day until the Day of Exhibiting of the Information aforesaid as also to the taking of the Issues and Profits thereof by the time thereof comming above supposed to be done the said Richard saith That the said Lady the Queen that now is him the said Richard ought not any wayes to impeach or trouble because he saith That long before the aforesaid time in which it is supposed the Entry Intrusion and Ingress aforesaid to be done One Ann Countess of Warwick Widow sometimes Wife of Richard sometimes Earl of Warwick was seized of the Mannor of Abbotesley otherwise Abberley otherwise Abbedeley with the appurtenances in the aforesaid County of Worcester whereof the aforesaid Wood in which c. then and until the time of the grant here after specified made to Robert Earl of Leicester the third Day of July in the 30th Yeer of Queen Elizabeth here after mentioned whereof the Memory of Man then was not to the contrary was parcel in her Demesn as of Fee and so thereof being seized a Fine was levied in the Court of the Lord Henry late King of England the 7th at Westminst in the County â—f Middlesex from the Day of St. Hillary in 15. Dayes in the 3d Year of his Reign before Thomas Brian Roger Townsend and Iohn Haugh Justices and other the said late Kings Faithful Subjects then there present Betwâ—en him the Lord the King plantiff and the aforesaid Ann sometimes Countess sometimes Wife of the aforesaid Richard Earl of Warwick by the Name of Ann Countess of Warwick deforceant of the Mannor aforesaid with the appurtenances whereof c. amongst other c. whereof a Plea of Covenant was sued between them in the same Court that is to say That the said Countess granted to the said Lord the King the Mannor aforesaid with the appurtenances whereof c. And the same rendred back to him in the same Court To have and to hold to the said Lord the King and the Heirs Males of his Body begotten and if it shall happen That the said Lord the King should die without Heir Male of his Body begotten then after the decease of the said Lord the King the aforesaid Mannor with the appurtenances whereof c. should wholly Revert to the same Countess and her Heirs quieted from the other Heirs of the aforesaid Lord the King as by the Record of the aforesaid Fine in the Court of the said Lady the Queen that now is of the Bench at Westminster aforesaid remaining more fully appeareth By virtue of which Fine the aforesaid late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as Fee tail that
is to say to him and the Heirs Males of his Body issuing the Reversion thereof to the aforesaid Countess sometimes Wife of the aforesaid Richard Earl of Warwick and the Heirs of the said Countess expectant And the said late King so thereof being seized and the Reveâ—sion thereof to the said Countess in form aforesaid expectant The said Countess afterwards and before the time aforesaid in which c. At Abbotâ—sley othewise Abberly in the aforesaid County of Worcester dyed so as before is said of the Reversion aforesaid seized After whose death the Reversion aforesaid with the appurtenances descended to one Edward Earl of Warwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter of the said Countess By which the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and Right And the said Edward Earl of Warwick so thereof being seized By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th Day of January in the Yeer of his Reign the 19th amongst other things It was Enacted by him the said late King by the assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by the Authority thereof That whereas Peter Warbeck with others of the aforesaid late Kings Rebellious Enemies and Traytors in a great multitude and number to him associated entred and arrived in this Kingdom in a certain place called VVhitessonbay in the Parish of St. Bercie in the County of Cornwall the 7th day of September in the Yeer of the Reign of the said late King the 13th and levied Warr against the aforesaid late King Notwithstanding the aforesaid Peter in his Journey and issue to the said false and malicious purpose was overthrown and was taken and by the same late King committed to the Prison of the Tower of London where and in which place the aforesaid Edward Earl of Warwick confederated with the aforesaid Peter imagining and intending falsely and trayterously the death and destruction of the said late King and the overthrowing of this Kingdom of England intending to make the aforesaid Peter King of the same Kingdom by divers devises amongst them conceived and inspired endeavoured with divers his Adherents speedily by diverse false Messages and Notes to set him at liberty and at large to the intent to Execute his false and Trayterous purpose to aid and assist him to his utmost endeavour for which the aforesaid Edward Earl of VVarwick by due course of Law of the said late King out of his own Confession was convicted and attainted of High Treason as his deserts in that behalf required That the said Earl for his offences aforesaid by Authority of Parliament aforesaid should be convicted adjudged and attainted of High Treason And that he should forfeit to the aforesaid late King and his Heirs All his Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other to his use was seized or possessed of the day of the Treason either committed or done or at any time after within the Kingdom of England Ireland VVales Calice or the Counties thereof in Fee simple Fee tail for Term of life or lives Or in which the said Earl then or at any time after had lawful cause of Entry within England Ireland Wales Calis or the Counties of them And further that the aforesaid Edward Earl of VVarwick should forfeit to the said late King and his Heirs All Honours Castles Mannors Lordships Hundreds Franchises Liberties Privileges Advowsons Nominations Presentations Rights Fees Lands Tenements Rents Services Reversions Remainders Portions Annuities Pensions Rights Possessions Hereditaments Goods Chattels and Debts whereof the said Earl or any other person seized to his use or was possessed of the second day of August in the Yeer of the Reign of the aforesaid late King the 14th or at any time then after as by the said Act amongst other things more fully appeareth And the said Richard saith That the aforesaid Edward Earl of VVarwick Cousin and Heir of the said Ann Countess of VVarwick in the Fine aforesaid named and the aforesaid Edward Earl of VVarwick in form aforesaid attainted and in the Act aforesaid named are one and the same person and not other or diverse By colour of which Conviction and Attainder and by force of the aforesaid Act of Parliament The aforesaid late King Henry the 7th was seized of the Reversion of the Mannor aforesaid with the appurtenances whereof c. as of Fee and of Right in the Right of his Crown of England And so thereof being seized and of the Mannor aforesaid with the appurtenances in his Demesn as of Fee tail in form aforesaid being seized The said late Lord the King afterwards and before the aforesaid time in which c. At VVestminster aforesaid dyed of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion aforesaid in form aforesaid seized After whose death the Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid discended to the Lord Henry late King of England the 8th as Son and Heir of the aforesaid late King Henry the 7th By which the said late King Henry the 8th was seized of the Mannor aforesaid with the appurtenances whereof c. in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and of the Reversion of the said Mannor with the appurtenaÌ„ces as of fee right And the said late King Hen. the 8th so being thereof seized By a certain Inquisition taken at the Castle â—â— VVorcester in the aforesaid County of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King the same County by virtue of his Office by the Oathes of Richard Frier Gent. Richard â—helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh Edward Enolt Henry Dison Roger â—bud Henry VVoodward John Porter of Claynes John Brodford VValter Solli Roger Aldern of Martley and Richard VValter taken It was found amongst other things That the aforesaid Ann Countess of VVarwick in the Fine aforesaid named was seized of the Mannor aforesaid with the appurtenances whereof c. in her Demesn as of Fee and that she being thereof so seized the Fine aforesaid in form aforesaid was levied By which the aforesaid King Henry the 7th was seized of the Mannor aforesaid with the appurtenances whereof c. in his Demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing And that the said Countess was seised of the Reversion of the said Mannor as of Fee and
Right and that the said Countess of the said Reversion so seized of such her Estate thereof dyed seized And that after the Death of the said Countess the said Reversion descended to the abovesaid Edward late Earl of VVarwick as Cousin and Heir of the said Countess that is to say Son and Heir of Isabel Daughter and Heir of the said Countess By which the said Edward late Earl of VVarwick was seized of the Reversion of the Mannor aforesaid with the appurtenances as of Fee and Right and that the said late Earl being thereof so seized That the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the Yeer of his Reign the 19th aforesaid made was in manner and form aforesaid And that by colour of the same Act the said late King Henry the 7th was seized of the Mannor aforesaid with the appurtenances as of Fee and Right And that the said late King Henry the 7th being so thereof sezed and of the Mannor aforesaid with the appurtenances whereof c. in form aforesaid being seized of such his Estate thereof dyed seized After whose Death The Mannor aforesaid with the appurtenances whereof c. and the Reversion aforesaid descended to the aforesaid late Henry late King of England the 8th as Son and Heir of the aforesaid Lord King Henry the 7th By which the said King Henry the 8th was seized of the Mannor aforesaid with the appuretenances whereof c. in his Demesn of Fee tail that is to say to him and the Heirs Males of Body lawfully issuing the Reversion thereof to him and his Heirs in form aforesaid expectant as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster aforesaid in due manner retorned and there remaining on Record more fully appeareth And the faid Richard furher saith That the aforefaid late King Henry the 8th so of the Mannor aforesaid with the appurtenances whereof c. And of the Reversion thereof in form aforesaid being seized The said late King Henry the 8th the 3d. day of November in the yeâ—r of his Reign the 33th at Westminster aforesaid By this Letters Patents under his great Seal of England sealed which the said Richard here in Court brings bearing date at Westminster aforesaid the same Day and Yeer Reciting That whereas the said late King Henry the 8th the 20th day of Octber in the 19th yeer of his Reign by his Letters Patents had given and granted unto Walter Walshe by the name of VValter Walshe one of the Grooms of his Privy Chamber his Mannor of Grafton â—leuere by the name oâ— the Mannor of Grafton Fleeford with his appurtenances in the County of Worcester and the Advowson of the Church of Grafton Fleeford aforesaid as also all and singular hiâ— Messuages Lands and Tenements whatsoever in Grafton Fleeford in the County aforesaid together with the Knights Fees Wards Mariages Reliefs Rents and Services whatsoever to the Mannor and other the premises and to every part therof any wise soever belonging or appertaining To have and to hold the said Mannor and other the premises with all and singular their members and appurtenances whatsoever to the abovesaid Walter for the Term of his Life as in the said Letters Patents more fully it was contained And whereas also the said late King Henry the 8th the 6th day of December in the Yeer of his Reign the 21th by other his Letters Patents had given and granted to the aforesaid Walter Walshe and to one Elizabeth then his Wife by the names of Walter VValshe one of the Grooms of his Privy Chamber and Elizabeth his Wise the Mannor of Charleton in the County of Somerset by the name of his Mannor of Charleton in the County of Somerset with all and singular his members and appurtenances whatsoever by whatsoever right or title the said Mannor in the Hands of the said late King then were To have and to hold the said Mannor with the appurtenances to the said VValter and Elizabeth and their Assignes for the Term of the Lives of the said VValter and Elizabeth and the longer liver of them as in the said Letters Patents it was more fully conteined The aforesaid late King Henry the 8th Then in Consideration of the true and laudable Service to the said Lord the King by the aforesaid VValter VValshe before that time done and after to be done And for that the said VValter the aforesaid other Letters Patents to him of the aforesaid Mannor of Grafton Fleeford alias Fleuard and the same VValter and the aforesaid Elizabeth the aforesaid other Letters Patents to them of the aforesaid Mannor of Charleton with their Members and singular their appurtenances in form aforesaid made to the said late King Henry the 8th in his Chancery had restored there to be cancelled unto the intent that the said late King Henry the aforesaid Mannor of Grafton Fleuard with the appurtenances and the said Advowson of the Church of Grafton Fleuard and all and singular Messuages Lands and Tenements of the said Lord the King in Grafton Fleuard As also the aforesaid Mannor of Abottesly in the aforesaid County of VVorcester with their appurtenances whatsoever and the Advowson of the Church of Abottesly in the County aforesaid and all Lands and Tenements of the said Lord the King whatsoever with the appurtenances in Abottesly otherwise Abberley by other Letters Patents of the said late King to the said VValter and Elizabeth he would be pleased to grant Which said former Letters Patents in the Court of Chancery aforesaid at VVestminster aforesaid to the same intent at the time of the making of the aforesaid Letters Patents here in Court were delivered up and cancelled Of the special grace of the said King and of his certain Knowledge and meeâ— motion by the same Letters Patents here in Court shewed and brought forth gave and granted unto the said VValter VValshe and Elizabeth his Wife The aforesaid Mannors of Grafton Fleuard and Abottesly otherwise Aberley with all and singular their members and appurtenances as also all and singular Lands Tenements Reversions Services Knights Fees Liberties Franchises Courts Leets Views of Frank-pledges Parkes Warrens Waifes Strayes and other Commodities and Privileges whatsoever within the aforesaid Mannors or any of them being or unto the said Mannors or any of them in any maÌ„ner belonging or appertaining To have and to hold the Mannors aforesaid and every of them and all the premises so as before is said by the said Letters Patents here in Court shewed forth granted and every part thereof with their members â—d appurtenances whatsoever to the said VValter VVaâ—she and Elizabeth his Wife and to the Heirs Males of the Body of the sâ—â—d VValter begotten as by the said Letters Patents amongst other things more fully appeareth And the said Richard saith That the aforesaid VValter long before the making of the aforesaid Letters Patents and at the time of the making thereof and long
after was Servant of the said late King Henry the 8th and one of the Grooms of the Privy Chamber of the said late King and many good laborious and laudable Services to the said late King Henry the 8th before the making of the said Letters Patents did and performed and that he said VValter the aforesaid other Letters Patents of the aforesaid Mannor of Grafton Fleuard and the said VValter and Elizabeth the aforesaid other Letters Patents of the said Mannor of Charleton with their several members and appurtenances in form aforesaid made to the said late King Henry the 8th before the making of the said other Letters Patents to them in form aforesaid made and here in Court shewed forth in his Chancery aforesaid at VVestminster aforesaid had surrendred and procured to be cancelled as in the said Letters Patents here in Court shewed forth it is alleged and testified By virtue of which Letters Patents here in Court shewed forth The said VValter and Elizabeth were seized of the said Mannor of Abottesly with the appurtenances whereof c. amongst other that is to say The said VValter in his demesn as of Fee tail that is to say to him and the Heirs Males of his Body issuing and the aforesaid Elizabeth in her demesn as of Free hold for the Term of her Life and the said VValter and Elizabeth so being thereof seized the said Elizabeth afterwards and before the time in which c. at Abottesly aforesaid dyed And the aforesaid VValter over-lived her and held himself in the aforesaid Mannor of Abottesly with the appurtenances whereof c. and was thereof seized in his demesn of Fee tail in form aforesaid by right of Survivour And the said VValter so thereof being seized By an Act of Parliament of the same late King Henry the 8th at VVestminster aforesaid the 8th day of July in the yeer of his Reign the 28th holden made reciting by the said Act Whereas the aforesaid Ann Countess of VVarwick in the Fine aforesaid above named in the yeer of the Reign of the late King Henry the 7th the â—â—ihrd by Fine then levied before the Justices of the King of Common-Pleas at VVestminster had given granted unto the said late King Henry the 7th amongst other things The Lordship and Mannor of Abottesly with the appurtenances in the County of VVorcester To have to the said King and the Heirs Males of his Body issuing as by the same Fine remaining on Record amongst other things it more fully appeared By virtue of which the said late King was seized of the said Mannor with the appurtenances in his demesn as of Fee tail and so thereof being seized The said Countess dyed After whose death the Reversion of the said Mannor with the appurtenances in Fee simple did descend and come to Edward late Earl of Warwick which Reversion and Fee simple of the said Mannor amongst other Castles Honours Mannors Lands Tenements and Hereditaments then after escheated and came into the Hand and possession of the aforesad late King Henry the 7th and his Heirs by the Attainder of High Treason of the said Edward Earl of Warwick as by the Record therefore more fully appeareth And the aforesaid late King Henry the 7th so thereof being seized dyed After whose death the same Castles honours manors lands tenements and Hereditaments and other the premises in the Fine aforesaid contained amongst other Lands Manors Tenements and Hereditaments descended came to the said late K. Hen. the 8th as Son Heir of the aforesaid late K. Hen. the 7th by due course of Inheritance By virtue wherof the said late K. Henry the 8th had been and was then thereof seised And because the aforesaid Castles Manors Lordships Lands Tenements and other the premises were of great value and had many great and ample Liberties Preheminences Commodities â—â—d delights to the same belonging Therefore then and there It was Enacted by Authority of the same Parliament That the aforesaid late King Henry the 8th his Heirs and Successors from hence after should have hold and injoy for ever all and singular the aforesaid Castles Mannors Tenements Lands and Hereditaments with the Appurtenances and all and singular the premises and that the said Castles Manors Tenements Lands and Hereditaments with the Appurtenannances and all and singular other the premises by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple for ever without the aforesaid or any other thing or things before then had made or used or to be allowed to the contrary in any thing notwithstanding as by the same Act more fully appeareth Saving alwayes to all and singular person and persons Bodies politique and corporate their Heirs and Successors and to the Heirs and Successors of every of them other than the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earle of Warwick Father of the late Countesse all such Rights Titles Uses Interests terms of years Demise Demises Rents Fees Annuities Possessions Reversion Remainder Distresses Entries Actions Grants Offices Commons Commodities Liberties Profits Sutes in such manner form conditions as they or any of them their heirs successors or the heirs or succes of any of them had could might or ought to have had if the Act aforesaid never had bin made any thing in the said Act of Parliament to the contrary notwithstanding as by the said Act amongst other things it more fully appeareth By colour of which Act the Reversion aforesaid to the aforesaid Manor of Abbottesley otherwise Abberley and the Manor aforesaid in Reversion after the Estate and Interest of the aforesaid Walter Walsh and Elizabeth his wife so as before is said granted to the aforesaid late King Henry the 8th his Heirs and Successors in Fee simple did belong according to the form and effect of the Act aforesaid By which the said late King Henry the 8th was seised of that reversion as of Fee and right and the said late King so being thereof seised and the said Walter of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. in form aforesaid being seised The aforesaid Walter at Abbottesley aforesaid before the aforesaid time in which c. died of such his Estate so seised After whose decease The said Manor with the Appurtenances whereof c. descended to one Walter Walsh his Son as Son and Heir Male of the body of the same Walter Walsh his Father Issuing By which the said Walter Walsh the Son after and before the time in which c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and the aforesaid late King Henry the 8 th was seised of the Reversion thereof as of Fee and Right and so thereof being seised The said late King afterwards and before the time in which c. at
Westminster aforesaid dyed of such his Estate thereof seised After whose death The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. descended to the Lord Edward late King of England the 6th as Son and Heir of the aforesaid late King Henry the 8 th By which The said late King Edward the 6 th was seised of the Reversion of the said Manor with the Appurtenances as of Fee and right and so thereof being seised The said late King Edward the 6 th afterwards and before the time in which c. at Westminster afores dyed of such his estate therof seised with out issue of his body issuing After whose death the Reversion of the aforesaid Manor of Abbottesly with the appurtenances descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th By which the said late Queen Mary was seised of the said Reversion as of Fee and right and so thereof being seised the said late Queen Mary afterwards and before the time in which c. at Westminster aforesaid dyed of such her Estate thereof seised without issue of her body issuing After whose death the said Reversion did descend to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary By which the said Queen that now is was seised of the said Reversion as of Fee and right and the said Lady the Queen that now is so thereof being seised and the aforesaid Walter Walsh the Son of the aforesaid Manor of Abbottesley whereof c. in his demesn as of Fee tail in form aforesaid being seised The said Walter afterwards and before the time in which c. at Abbottesley aforesaid dyed of such his Estate thereof seised After whose death The said Manor with the Appurtenances whereof c. did descend to one William Walsh his Son as Son and Heir of the body of the aforesaid Walter VValsh the Son issuing By which the said William afterwards and before the time in which into the said Manor with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and so thereof being seised The said William afterwards that is to say the third day of July in the year of the Reign of the said Lady the Queen that now is the 30 th at Abbottesley aforesaid by his Indenture of Bargain and Sale between Robert then Earl of Leicester By the name of the Right Honourable Robert Earl of Leicester Baron of Denbigh of the both most Noble Orders of the Garter and Saint Michael Knight Lord High Steward of her Majesties Houshold Lord Chief Justice of Oyer and Terminer of all the Forests of her Majestie and Chaces by South Trent and one of her Majesties most Honourable Privy Councel of the one Part And the afores Willi. Walsh by the name of Will. Wash of Witley in the County of Worcester Esq of the other party made afterwards the 8 th day of the said Month of July according to the form of the Statute in that Case made and provided in the Court of the said Lady the Queen that now is at Westminster aforesaid in the said County of Middlesex then being in due manner of Record Inrolled One part of which Sealed with the Seal of the said William Walsh the said Richard Bushopp here in Court sheweth forth whose Date is the same third day of July in the 30th year aforesaid For and in consideration of a certain sum of Money to the said VVilliam by the aforesaid Earl of Leicester then and there before had paid bargained and sold to the said Earl of Leicester The Wood aforesaid with the Appurtenances in which c. To have and to hold to the said Earl of Leicester his Heirs and Assigns for ever By colour of which aforesaid Bargain and Sale and Inrolment thereof The said Earl of Leicester into the Wood aforesaid with the Appurtenances entred and was thereof seised in his demesn as of Fee and so thereof being seised The said Earl of Leicester afterwards that is to say the 5 th day of Septemb. in the year of the said Lady the Queen that now is the 30th aforesaid at Abbottesley aforesaid dyed of such his Estate thereof seised without issue of his body issuing After whose death the Wood aforesaid with the appurtenances descended to Ambrose then Earl of Warwick as Brother and Heir of the aforesaid late Earl of Warwick By which The said Ambrose Earl of Warwick into the Wood aforesaid with the appurtenances entred and was thereof seised in his demesn as of Fee and so thereoâ— being seised The said Ambrose Earl of Warwick afterwards that is to say the 24th day of January in the year of the Reign of the â—â—d Lady the Queen that now is the 32th at Abbottesley aforesaid By his Indenture between him the said Ambrose Earl of Warwick by the name of the Right Honourable Ambrose Earl of Warwick of the most Noble Order of the Garter Knight of the one part and Edward then Earl of Bedford and William Russel Knight Charles Morrison Knight Ambrose Copinger Esquire by the names of the Right Honourable Edward Earl of Bedford William Russell Knight Charles Morri on Knight Ambrose Copinger Esq one part of wch sealed with the Seal of the said Aâ—brose Earl of Warwick the said Richard Eushop here in Court brings whoâ—e date is the same day and year For and in consideration of the natural entire and cordial love and affection which the aforesaid Ambrose Earl of Warwick then had and bore to his most dear and beloved then wife the said Ann Countess of â—arwick in the Information aforesaid above named Daughter of the Right Honourable Francis Earl of Bedford deceased Grandfather of the said Edward then Earl of Bedford and Father of the said William Russel as for and in consideration of a Mariage before that time had between the aforesaid Ambrose then Earl of Warwick and the aforesaid Lady Ann now Countess of Warwick then his wiâ—e and for and in consideration of the encrease of the Joynture of the said Ann before that time made in the respect of the aforesaid Mariage in consideration also of the better advancing of the said Ann after the death of the said Ambrose then Earl of Warwick if shee the said her beloved husband should survive to support and sustein her Honourable Estate and to pay such debts which the said Earl owed at the time of his death and also such Legacies as the said Earl by his last Will in writing should bequeath The said Earl Covenanted and agreed for him his Heirs Executors and Administrators to and with the aforesaid Edward Earl of Bedford William Russell Charles Morrison and Ambrose Copinger their Heirs and Assignes and every of them That immediatly from and after the Sealing and delivery of the
Patents had given and granted to the abovesaid VValter and to one Elizabeth then his Wife The aforesaid Mannor of Charleton with the appurtenances in the said County of Somerset To have and to hold to the said VValter and Elizabeth and the longer liver of them The late King Henry the 8th for that that the said VValter the aforesaid Letters Patents to him of the aforesaid Mannor of Grafton Fleuard and the said VValter and the aforesaid Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton in form aforesaid made to the said late King Henry the 8th in his Chancery had delivered up there to be cancelled By the said letters patents gave and granted to the abovesaid VValter and Elizabeth the aforesaid Manor of Abotesly with the appurtenances whereof c. to have and to hold to them the said VValter and Elizabeth and to the heirs males of the bodie of the said VValter begotten And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact that the aforesaid late King Henry the 8th by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them as by the Law he ought to have shewed and because expresly it is not shewed in the said plea that the same grants were made but only by way of recital The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th in the yeer of his Reign the 23th aforesaid made are void and insufficient in Law And the said late King in his grant aforesaid by reason thereof was deceived And in this That the aforesaid Richard in his Plea aforesaid allegeth that the aforesaid VValter and Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton made in the Chancery of the said late King Henry the 8th had surrendred and procured to be cancelled By which the Estate of the said VValter and Elizabeth of and in that Mannor was determined Whereas by the Law of the Land the estate of the said Elizabeth then being under Covert Baron by the surrendring and cancelling of the said Letters Patents was not determined or surrendred up And upon this That whereas the aforesaid Richard Bushopp in his pleading alleged That by the aforesaid Act of Parliament of the said late King Henry the 8th the 8th day of June in the 28th year of his Reign made it was Enacted That the said late King Henry the 8th his Heirs and Successors should have hold and enjoy all and singular the Mannors aforesaid with the appurtenances in Fee simple saving alwayes to all person and persons Bodies politique and Corporate their Heirs and Successors and to the Heirs and Successors of every of them other than to the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earl of Warwick Brother of the said late Countess all such Rights Titles Uses Interests Term of years demise demises Entries Actions Grants and Conditions which he or any of their Heir or the Heirs or Successors of any of them have or had or might to have or ought to have had if the said Act of Parliament had never been made any thing in the said Act to the contrary thereof notwithstanding And the aforesaid Richard Bushopp in his Plea aforesaid doth not allege in fact That the aforesaid Ann now Countess of Warwick in whose Right and as Servant of which Countess the said Richard makes Justification of the Trespass and Intrusion aforesaid was not Heir of the said Richard late Earl of Warwick as by the Law of the Land it ought to be shewed and in this that by the said Act of the 28th abovesaid The aforesaid Mannor of Abbottesley with the appurtenances whereof c. was given by express words to the said late King Henry the 8th his Heirs and Successors and thereof the said Saving in the same Act mentioned is repugnant and void to reserve any right in that Mannor to any other person and therefore the aforesaid Walter Walshe and Elizabeth his wife to have or claim any right or estate of or in the said Mannor by force of the said Act of Parliament are barred And in this That whereas the aforesaid Plea of the said Richard Bushopp above in Barr pleaded is insufficient in Law to discharge or excuse him the said Richard of the Trespass intrusion and ingress aforesaid upon which Plea the aforesaid Attorney of the said Lady the Queen had demurred in Law and demanded Judgement there for the said Lady the Queen yet that notwithstanding it is adjudged by the Barons That the Plea of the said Richard is sufficient in Law him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood otherwise Aluingâ—on-wood the aforesaid first day of February in the year of the Reign of the said Lady the Queen that now is the 32th and from the same day until the exhibiting of the Information aforesaid and of the taking of the issues and profits thereof by that time to discharge And so the same Attorney General for the said Lady the Queen saith That in the Record and process aforesaid and in the giving of the Judgement aforesaid it is manifestly erred And thereupon the said Attorney of the said Lady the Queen for the said Lady the Queen prayeth That the Judgement aforesaid for those Errors and others in the Record and Process aforesaid be revoked annulled and be had for nothing And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at a certain day to hear the Record and Process aforesaid as also the aforesaid Errors which he the said Attorny General of the said Lady the Queen that now is there alleged and it is granted unto him And it is commanded to the Sherif of the said County of Worcester That by good and lawful men of his Balywick he give warning to the said Richard Bushop that he before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid upon Tuesday falling the 26th day of the said Moneth of April to hear in form aforesaid if c. And further c. that to the Court c. At which day the same Sherif that is to say Edward Harwell Esquire retorned the Writ aforesaid and sent that the said Writ was so late delivered unto him that for the shortnesse of the time he could not execute it Yet the aforesaid Richard Bushop before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at the same day comes into the Chamber aforesaid by Arthur Salway his Attorny and demands the hearing of the Record and of the Processe as also of the aforesaid Errors and they are read
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
Tenements aforesaid with the appurtenances as the aforesaid Christopher Digges the Son and the said Edward Digges in their Declaration above have alleged For Plea say That the aforesaid Christopher Digges the Father in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances in his Demesn of Fee and so thereof being seized the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th at Owtelmeston aforesaid by a certain Indenture between him the said Christopher of the onâ— part And Henry Crispe of Tennet in the aforesaid County of Kent Knight John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood Gent. of the other part made and with the Seal of the said Christopher the Father sealed bearing date the same day and yeer Aswel in the consideration of a Mariage between the said Christopher the Father and Martha Sister of the aforesaid John and Richard Brook before that time had and solemnized as in the consideration of the sum of 200. pounds of good and lawful Mony of England before the solemnization of the Mariage aforesaid to the said Christopher the Father paid and also for the preferring and sure advancing of the aforesaid Thomas Digges then Son and Heir aparent of the said Thomas begotten As also for diverse other good causes and considerations the said Christopher the Father moving Covenanted Granted and Agreed to and with the aforesaid Henry Crisp John Brook Francis Gatacre Richard Brook Thomas Leveson and Richard Horewood their Executors and Administrators in form following That aswell the said Christopher Digges the Father and his Heirs and every other person and persons their Heirs who then stood or were seized or that at any time then after should stand or should be seized of and in all and singular the Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments of the said Christopher Digges the Father whatsoever with the Appurtenances situate lying and being in the aforesaid County of KENT from thence forward should stand and be seized of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of KENT with all and singular their Appurtenances to the onely uses and intents afterwards in the said Indentures mentioned and expressed and to no other use intent or purpose That is to say To the use of the said Christopher Digges the Father for the Term of his life And after the decease of the said Christopher the Father to the use of the said Thomas Son of the said Christopher the Father and the Heirs Males of the Body of the said Thomos lawfully begotten or to be begotten and for default of such issue to the use of the Heirs Males of the Body of the said Christopher the Father upon the Body of the said Martha lawfully to be begotten as by the said Indenture amongst other things it more fully appeareth By virtue whereof and by force of a certain Statute of tranferring of uses into possession in the Parliament of the late King HENRâ— the 8th the 4th day of February in the yeer of his Reign the 27th at Westminster in the County of Middlesex holden made The said Christopher Digges the Father was seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as of Free-hold for the Term of his life the Remainder thereof to the aforesaid Thomas in form aforesaid expectant And the said Christopher the Father being thereof so seized the Remainder thereof in form aforesaid expecting The said Christopher the Father at Owtelmeston aforesaid dyed of such his Estate thereof seized After whose Death The said Thomas Digges the Son into the Mannors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail that is to say to him and the Heirs Males of his Body begotten by virtue of the Indenture aforesaid and by force of the Statute aforesaid And so being seized of all and singular the Mannors and Tenements aforesaid The aforesaid 10th day of April in the yeer of the Reignof the said Lady the Queen that now is the 32th At Owtelmeston aforesaid of such his Estate dyed seized Thomas Posthumus Digges being Son and Heir of his Body within Age and in the Ward of the said Lady the Queen as by the said Inquisition it is found without that that the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid with the Appurtenances in his Demesn as Fee as the aforesaid Christopher the Son and Edward in the Monstrans de droit aforesaid above have alleged And this they are ready to aver Whereupthey demand Judgment If the Hands of the said Lady the Queen from the aforesaid two parts of the aforesaid Lands called Eastendown and so much of the Demesn Lands of the Mannor of Outelmeston next adjoyning to the aforesaid Lands called Eastendown as amount to the third part of the aforesaid Mannors Lands and Tenements whereof it is supposed that the said Christopher the Father dyed seized in 4. parts to be divided or of any part thereof ought to be amoved Or the aforesaid Christopher Digges the Son and Edward to the aforesaid purparts of the premises in the mean time aforesaid received ought to be restored And the aforesaid Christopher the Son and Edward as at first say That the aforesaid Christopher Digges the Father dyed seized of the Mannors and Tenements aforesaid in his Demesn as of Fee as in their Monstrans de droit aforesaid above they have alleged And this they are ready to aver And pray that it be inquired of by the Country And the aforesaid Thomas Palmer and Margaret likewise c. And therefore day is given to the parties aforesaid before the said Lady the Queen in 8. dayes of Saint Hillary wheresoever it should be to do and receive what shall be just in the premises And that it is commanded to the Sherif of KENT that he cause to come before the said Lady the Queen at that day 12. good and lawful men of the Neighbourhood of Barham Lenham Frensted Harrisham Sturrey Hackington and the Parish of Saint Stephens and of the Mannor of Netherhard in his Balywick whereof every one have 4. l. per Annum in Lands Tenements or Rents at the least by whom the truth of the matter might best be known And who neither c. To Recognize c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and Edward Digges by Thomas Westbie the Elder their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif of KENT retorned the names of the Jurors c. Whose names c. Whereof none c. Therefore it is commanded to the said Sherif of KENT that he have their Bodies afore the Lady the Queen in 8. dayes of the
Purificaiion of the blessed Mary wheresoever c. to Recognize in form aforesaid c. And the same day is given to the parties aforesaid c. At which day before the Lady the Queen at Westminster come aswel the aforesaid Christopher Digges the Son and the said Edward by their Attorny aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And the Sherif sent not his Writ thereof c. There again as before It is commanded c. That he destrein the Jurors aforesaid by all their Lands c. So that he have their Bodies before the Lady the Queen from the day of Easter in 15. dayes wheresoever c. Unless the Justices of the Lady the Queen to Assizes in the County of KENT to be taken assigned first upon Monday in the 5th Week of Lent at Rochester in the aforesaid County of KENT according to the form of the Statute shall come for default of Jurors And therefore that the Siherif have their Bodies c. to Recognize in form aforesaid And the same day is given to the parties aforesaid At which day before the Lady the Queen at Westminster came aswel the aforesaid Christopher Digges the Son and Edward Digges by their Attorny as the aforesaid Thomas Palmer and Margaret in their proper persons And the aforesaid Justices to Assizes before whom c. sent here the Record had before them in these words After wards the day and place within contained before Francis Gawdy one of the Justices to Pleas before the Queen her self to be holden assigned and George Kingsmill one of the Justices of the said Lady the Queen of the Bench Justices of the said Lady the Queen to Assizeâ— in the said County of Kent to be taken assigned by the form of the Statute c. come aswel the within named Christâ—pher Digges and Edward Diggs by Edmond Gibbon their Attorny within written as the said Thomas Palmer and Margaret by Nathaniel Manley their Attorny And the Jurors of the Juâ—y whereof within mention is made likewise being called come who to say the truth of the within contained chosen tryed and sworn say upon their Oaths That long before the day of the bringing of the Monsirans de droit within written one Christopher Digg otherwise Digges Esquire in the Monstrans de droit within named Father of the aforesaid Christopher Digges and Edward Digges was seized of the Mannors Lands and Tenements with the appurtenances in the Monstrans de droit specified and of and in Lands and Tenements in the Indenture hereafter specified in his Demesn as oâ— Fee And so thereof being seized The said Christopher Digges the Father before the day of the bringing of the Monstrans de droit within written that is to say the 6th day of May in the yeer of the Reign of the said Lady the Queen that now is the 10th By his Indenture between him the sâ—id Christopher Digges the Father of the one part Henry Cripps Knight John â—rook Francis Gatacre Richard Brook Thomas Leason and Richard Horewood Gent. of the other part made one part whereof with the Seal of the said Christopher Digges the Father sealed to the Jurors aforesaid in Evidence was shewed whose Date is the same day and yeer For the Considerations and Causes in the same Indenture specified covenanted and granted for him and his Heirs To and with the aforesaid Henry â—ripps John Brook Francis Gatacre Richard Brook Thomas â—eison and Richard Horewood and their Heirs That the said Christopher Digges the Father and his Heirs then from thenceforth would stand and be seized of and in all and singular the aforesaid Mannors Lands and Tenements to the Behoofs and uses Provisons and intents in the same Indenture specified The Tâ—nor of which Indenture followeth in these words ss This Indenture made the 6th day of May in the 10th yeer of the Reign oâ— our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Christopher Digg otherwise Digges of Outelmeston in the County of Kent Esquire on â—he one part and St. Henry Cripps or Thenett in the said County Knight John Brook Francis Gatacre Thomas Leweson and Richard Horewood Gent. on the other part witnesseth That whereas the said Christopher Digges did â—eretofore mary and take to Wife Martha Brook Sister of the said John Brook and Richard Brook and now Wife of the said Christoper and during the said Mariage had and continuing they had and have issue be ween their Thomas Digg otherwise Digges now being Son and Heir apparent of the said Christopher Therefore aswel in Consideration of the said Mariage so had betwâ—en the said Christopher and Martha As alâ—o for and in consideration of the sum of 200. pounds of good and lawful money of England before the solemnization of the Mariage aforesaid unto the sâ—id Christopher well and truly contented satisfied and paid As also for the Preferment and certain Advancement of the said Thomas â—igges and of the Heirs Males of the said Thomas Digges of his Body lawfully to be begotten And also for diverse other good considerations the same Christopher Digges thereunto specially moving It is now Covenanted Granted Concluded Condescended and Agreed between the parties to these presents and the said Christopher Digges and his Heirs doth by these presents Covenant Grant and Agree to and with the said Sr. Henry Cripps Knight John Brook â—rancis Gatacre Richard Brook Thomas Leweson and Richard Horewood their Executors and Administrators in manner and form following That is to say That aswell the said Christopher Digges and his Heirs and all and every other person or persons and their Heirs which now stand or be seized or at any time hereafter shall stand or be seized of and in all and singular his Manors Messuages Lands Tenements Rents Reversions Services whatsoever with their appurtenances set lying and being in the said County of Kent shall from the day of the Date of these presents stand and be seized of and in all and every the said Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments and other the premises in the said County of Kent to the only uses and intents hereafter in these presents mentioned and expressed and to none other use intent or purpose That is to say To the use of the said Christopher Digges for his natural life and after the decease of the said Christopher Digges Then to the use of the said Thomas Digges and the Heirs Males of his body lawfully begotten and for default of such Heirs Males Then to the use of the Heirs Males of the body of the said Christopher upon the Body of the said Martha lawfully to be begotten Provided alwaies and it is neverthelesse Covenanted and Agreed by these presents between the said parties to these presents upon the Considerations above mentioned That for the Preferment and Advancement of the other Children of the said Christopher Digges and
said Lands Tenements as is as aforesaid left to descend to Thomas my Son do not amount to satisfie the Queens Highnesse of the Thirds or third part to be due unto her Highnesse Then my Will and meaning is That so much other Lands next adjoyning to the said Eastendown shall descend and be to my said Thomas Digges as shall suffice to satisfie and make up the Queens Highnesse Thirds or third part and that her Highnesse be answered out of the Rents and Profits of the same and out of the Demesn made of the Mannor of Owtelmestone Item I will That Thomas Ovington aforesaid immediatly after my departure of this present world shall sell all my Lands in the Parishes of Hards and Nackington in the County aforesaid with the Rents thereunto belonging Item I will That the said Thomas Ovington or his Assignes immediatly after my death sell all those my Lands Tenements and Hereditaments with the Appurtenances whatsoever in the Parishes of Sturrey and Hackington otherwise St. Stephens in the County of Kent aforesaid and all those my Gardens in the County of Canterbury aforesaid for the sum of 200. pounds of good and lawful Mony of England And I will that the said 200. pounds comming of the sale of my Lands Tenements and Hereditaments aforesaid with the appurtennces in Sturrey Hackington and in the County of Canterbury And also that all the Money coming of the sale of all my Lands in the Parishes of Hards and Nackington aforesaid shall go and be imployed towards the payment of my Debts and for and towards the performance of this my present Testament and last Will. Item I will That if Martha my Wife by Release or otherwise will grant over all that Estate that she hath or may have in the Lands in Hards and Nackington aforesaid with the Rents thereunto belonging by way of Joynture unto such as the said Thomas or his Assignes shall make sale thereof That then the said Martha for and in recompence of her said Joynture therein shall have for term of her life all my Lands in Barham abovesaid which I purchased of Mr. William Awcher and also all my Lands there as I late had of Mr. William Boyes by way of Exchange for other Lands Item I will That Harry Aldy and Nicholas Frankline aforesaid shall have all the aforesaid Lands and Tenements with their Appurtenances Rents Reversions Services and Hereditaments other than such as before are given to Thomas Digges my Son and to Martha my Wife for the term of her life or by the way of Joynture or otherwise or willed to be sold as aforesaid and shall receive and take the yeerly Revenews and Profits thereof for and towards the further and full payment of my Debts and Legacies and Annuities afore expressed and here under mentioned and also of my Funeral Charges for and towards the bringing up of my Sons and Daughters aforesaid until either Martha my Wife or the aforesaid Thomas Ovington and Richard Brook or the aforesaid Thomas Ovington enter into Bond unto the said Henry Aldy and Nicholas Franklin or to their Assignes in such manner and form as before is expressed Item I will that if the aforesaid Thomas Ovington and Richard Brook within one moneth after such refusal aforesaid my Wife do enter into Bond unto the abovesaid Hen. Aldey Nic. Franklin as is aforesaid within the time aforesaid That the said Tho. Rich. immediatly after such Bond had made shall have the Lands Tenements aforesaid and other Hereditaments whatsoever other than such as before are given to Thomas Digges my Son or to Martha my Wife for Term of her life by way of Joynture or otherwise or appointed to be sold or are appointed to the Poor as is aforesaid and shall receive and take the yeerly Revenews and Profits thereof in such manner and form and for such purpose and effect and for no other and for so long as my aforesaid Wife should have done if she should have entred into Bond as aforesaid But if the aforesaid Richard Brook do not within the time above limited enter into Bond to the aforesaid Henry and Nicholas with the said Thomas Ovington in manner and form aforementioned but shall refuse or neglect so to do Then I will if the aforesaid Thomas Ovington within the time aforesaid do enter into Bond unto the aforesaid Henry Aldy and Nicholas Franklin in the sum of 400. pounds according as is above specified Then I will immediatly after the said entry into such Bond by the said Thomas Ovington unto the said Henry and Nicholas made and done That then the said Thomas Ovington or his Assignes shall have the aforesaid Lands and Tenements Rents Reversions and Hereditaments other then such as before is given to Thomas Digges my Son or to Martha my Wife or appointed to be sold or appointed to the Poor to dwell in as aforesaid And receive and take the yeerly Revenews and Profits thereof in such manner and form and for so long as my aforesaid Wife or her Assignes should have done if she should have entred into Bond as is aforesaid and as the aforesaid Richard Brook and the said Thomas Ovington and their Assignes should have done if the said Thomas Ovington and Richard Brook had entred into Bond unto the aforesaid Henry and Nicholas as is above specified Item I will after all my Debts Legacies Payments Annuities and Funeral Charges shall be fully satisfied discharged or be or may be fully levied That then all my Lands and Tenements with their Appurtenances other than the Lordship of Yok and the Manor of Fokeham with their Aphurtenances in the Parishes of Leneham Freinsted and Harisham in the County of Kent aforesaid and the Lands of Barham aforesaid appointed to my Wife for term of her life as is aforesaid And the Lands and Tenements in Sturrey and Hackington otherwise Saint Stephens in Canterbury and the Lands in Hardes and Nackington aforesaid with the Rents thereunto belonging appointed to be sold as aforesaid excepted and reserved shall be to my Eldest Son then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly unto every other of my Sons then living untill every of them shall come to the age of 24. yeers 4. pounds of lawful mony of England at the Feast day of the Annunciation of our blessed Lady the Virgin and Saint Michael the Archangel by even portions half yeerly to be paid and also paying yeerly to every of my aforesaid Daughters then living until every of them shall be maried or shall come to the age of 21. yeers five Marks of lawful Mony of England at the Feast days next aforesaid by even portions yeerly to be paid And if default of payment happen to be of the aforesaid several 4. pounds yeerly to every or any of the aforesaid Sons as is aforesaid or of the aforesaid several five Marks yeerly to be paid to every or any of the aforesaid Daughters
as is aforesaid That then it shall be lawful to every or to any of my aforesaid Sons or Daughters for default of payment of the sums or sum due unto them or any of them by way of Annuity as is aforesaid into the Lands and Tenements and other Hereditaments above limited to my Eldest Son aforesaid and to his Heirs Males as aforesaid to enter and destrein and the destress there so taken lawfully with them or any of them to lead drive or carry away until every of them shall be fully satisfied and paid Item I will That after the decease of Martha my Wife if then my Eldest Son aforesaid or the Heir Male of his Body lawfully begotten then living shall be of the full age of 22. yeers That then the said Eldest Son or his Heir Male aforesaid shall have the aforesaid Lordship of Yoke and the Manors of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys to him and the Heirs Males of his Body lawfully begotten for ever And if then my Eldest Son aforesaid or his Heirs Males as is aforesaid shall come of the full age of 22. yeers Then I will that the yeerly Profits and Revenews of the abovesaid Lordship of Yoke and Manor of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys aforesaid until my sayd Eldest Son or his Heir Male abovesaid shall come to the full age of 22. yeers shall go and be imployed towards the payment of my Debts Legacies Payments and Annuities aforesaid Item I will That if it happen my Eldest Son aforesaid or his Heir Male aforesaid to depart this transitory world without Heirs Males or Male of his Body lawfully begotten Then for lack of such Heir Male All and every the aforesaid Lordship Manors Lands Tenements with the Appurtenances Rents Services and Hereditaments other than such as are appointed to be sold and for the Poor as aforesaid shall be and remain to his next Eldest Brother then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly to every of his Brothers my Sons then living until every of them shall be of the full age of 24. years 4. pound of lawful mony of England and to every of his Sisters my Daughters then living five Marks of lawful mony in such manner and form and so long as is afore specified Item I will That all and singular the abovesaid Lordships Manors Lands and Tenements with the Appurtenances Rents Reversions Services and Hereditaments whatsoever in the County of Kent or else where other than such as afore specified to be sold by Thomas Ovington aforesaid and willed to my Eldest Son aforesaid as is afore specified for lack of Heir Male of the Body of any my aforesaid Sons shall successively remain from Brother to Brother and to his Heir Male paying yeerly for so long to his Brothers and Sisters as is aforesaid And if it fortune all my said Sons depart this transitory world without Heirs Males or Male of their or his Body lawfully begotten Then for lack of such Heir Male I will all the aforesaid Lordship Manor Lands and Tenements with their Apurtenances Rents Reversions Services and Hereditaments in the Parishes of Leneham Frinsted Harrisham aforesaid shall be and remain to my Daughters aforesaid and to their Heirs for ever Item I will That all other my Lordships Manors Lands and Tenements with their Appurtenances Rents Reversions and Services and other Hereditaments in Barham aforesaid for lack of Heirs Males or Male of the Body of any of my Sons lawfully begotten shall remain to Thomas Digges one of the Sons of Leonard Digges Esq late in the Parish of Sutton in the County of Kent aforesaid and to the Heir Males or Male of his Body lawfully begotten for ever And for lack of such Heir Male to remain to James Digges another of the Sons of the said Leonard and to the Heirs Males or Male of his Body lawfully to be begotten for ever and for lack of such Heir Male to remain to the Right Heirs of me the aforesaid Christopher Digges another of the Sons of the aforesaid Leonard and to the Heirs Males of his body lawfully begotten for ever and for lack of such Heir Male to remain to the right Heirs of me the said Christopher Digges for ever As by the Testament and last Will aforesaid amongst other things more fully appeareth And that afterwards and before c. that is to say the second day of February in the year of the Reign of the said Lady the Queen that now is the 19th the aforesaid Christopher the Father at Barham in the County aforesaid dyed of the Manors Tenements and Hereditaments aforesaid in the Monstrans de droit within written specified with the appurtenances mentioned so as aforesaid as the â—aw requireth seised And further the Jurors aforesaid say upon their Oâ—th aforesaid That the aforesaid Martha Digges wife of the aforesaid Christopher Digges the Father him the said Christopher Digges her Husband over lived and that the aforesaid Martha afterwards that is to say the 4th day of May in the 19. year afores aâ— Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid â—hâ—mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture afâ—rel here first specified named were one and the same person not other nor divers and that the Manors Lands and Tenements in the Inquisition aforesaid specified and the Manors Lands and Tenements in the Indenture aforesaid here first mentioned and comprised are the self same Manors Lands and Tenements not others nor divers And that the aforesaid Lands Tenements wherof the uses by the aforesaid Indenture bearing date the 6th day of May in the 12th year aforesaid are revoked are not the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any parcel thereof And thâ—t the uses of the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any part thereof by the aforesaid second Indenture here within specified was not Revoked annulled or mentioned to be by the same revoked or annulled and that the aforesaid Manors Lands and Tenements whereof the uses by the aforesaid Indenture bearing date the 20th day of September in the 13th year aforesaid mentioned to be by the same Indenture Revoked and annulled are the same Manors Lands and Tenements in the Monstrans de droit within written specified and not other nor divers But whether upon the whole matter aforesaid in form aforesaid found The said Christopher Digges the Father dyed seised of the Manors Lands and Tenements in the Monstrans de droit within written specified in his demesn as of Fee as in the aforesaid Monstrans de droit it is supposed or not the Jurors
c. into the Manor aforesaid with the appurtenances wherof c. amongst other entred and was thereof seised in his demesn as of Feetail that is to say to him and his Heirs Males of his body lawfully begotten and that the aforesaid William Capel the Son of the said Manor with the Appurtenances whereof c. amongst other in form aforesaid being seised The said Richard Capel Son of the aforesaid Edward Capel the 22th day of November in the yeer of the Reign of the said Lady the Queen that now is the 18th at Howcaple aforesaid by the aforesaid his Writing granted to the aforesaid Anthony Capel the aforesaid annuity or yeerly Rent of 50. pound to be going out of the Manor aforesaid with the appurtenances whereof c. as the aforesaid Thomas Gately above alleged But the said John Hunt further saith That the aforesaid William Capel of the Manor aforesaid with the appurtenances whereof c. in form aforesaid being seised That the Fine was levyed in the Court of the said Lady the Queen that now is here at Westminster aforesaid from the day of Saint Martin in 15. dayes in the yeer of her Reign the 19th before James Dyer Richard Harper Roger Manwood and Robert Mounson then Justices of the said Lady the Queen of the Bench here and afterwards in the 8th day of Saint Hillary in the yeer of the Reign of the said Lady the Queen that now is the 19th aforesaid there granted and Recorded before the same Justices and other the said Lady the Queens faithful people then there present Between Richard Wooton and Richard Shawley Plaintiffs and the aforesaid Will. Capel defendaÌ„t of the Manor aforesaid with the Appurtenances whereof c. amongst other By the names of the Manors of Capel otherwise Hugh Capel Showle and Okeridge with the Appurtenances and 20. Messuages 10. Tofts 20. Cottages 2. Mills 3. Dovehouses 800. Acres of Land 260. Acres of Meadow 1700. Acres of Pasture 200. Acres oâ— Wood 1000 Acres of Furz and Heath and 5. pound Rent with the Appurtenances iâ— Capel otherwise Hugh Capel Showle Okeridge â—â—rkell and â—edbary As also of the Advowson of the Church of Capel otherwise Hugh Capel whereof a Plea of Covenant was summened between them in the said Court That is to say That the aforesaid William acknowleged the aforesaid Manors Tenements and Rents with the Appurtenances and the Advowson of the Church aforesaid to be the Right of the said Richard as these which the said Richard and John had of the gift of the aforesaid William and those remised and quit claimed from him and his Heirs to the aforesaid Richard and John and the Heirs of the aforesaid Richard forever And further the said William granted for him and his Heirs That they warrant to the aforesaid Richard and Iohn and to the Heirs of the said Richard the aforesaid Manors Tenements Rents with the Appurtenances and the Advowson aforesaid against all Men forever And for that Recognition remise quit claim Warranty Fine and Concord The said Richard and Iohn gave to the aforesaid William 700. pound Sterling Which Fine in form aforesaid levied was levied and had to the use of the said Iohn Hunt and his Heirs By virtue of which Fine and by force of the Statute aforesaid the said Iohn was seized of the Manors aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said Iohn so thereof being seized Thomas Spenceley and Baldwin Castleton before the aforesaid time of the taking c. that is to say the 4th day of Iunuary in the yeer of the Reign of the said Lady the Queen that now is the 19th abovesaid sued forth out of the Court of the Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being A certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post against him the said Iohn Hunt of the Manor aforesaid with the Appurtenances whereof c. amongst other by the names of the Manor of Capel otherwise Hugh Capel otherwise How Capel with the Appurtenances and 20. Messuages 10. Toâ—ts one Mill 2. Dovehouses 500. Acres of Land 200. Acres of Meadow 600. Acres of Pasture 100. Acres of Wood 700. Acres of Furz and Heath and 4. pound Rent with the Appurtenances in Capel otherwise Hugh Capel otherwise How Capel Brocherton and Sellershop as also of the Advowson of the Church of Capel otherwise Hugh Capel otherwise How Capel To the then Sheriff of the aforesaid County of Hereford directed By which Writ the said Lady the Queen that now is To the said then Sheriff commanded That the said Sherif should command the said Iohn Hunt that justly and without delay he render to the aforesaid Thomas Spenceley and Baldwin the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid which the said Thomas and Baldwin to be their Right and Inheritance and in which the said Iohn then had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Thomas Spenceley and Baldwin within 30. yeers then last past as they said And if he should not do and the aforesaid Thomas Spencely and Baldwin should secure him the said Sheriff for the prosecuting of their claim Then he summon by good Summoners him the said John Hunt that he should be before the then Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of St. Hillary then next following to shew wherefore he did not do it And that the said then Sheriff should have there the summons and that Writ At which 8. dayes of St. Hillary before the aforesaid Janes Dyer Knight and his Companions then Justices of the said Lady the Queen of the Bench here came aswel the aforesaid Thomas Spenceley and Baldwin as the said John Hunt in their proper persons And James Warnecome Esquire then Sheriff of the aforesaid County of Hereford then and there retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say That the said Thomas Spenceley and Baldwin had found to him the said Sheriff sureties for to prosecute that Writ that is to say John Doo and Richard Roo And that the said John Hunt was summoned by John Den and Richard'â—en and upon that The aforesaid Thomas Spenceley and Baldwin declaring against him the said John Hunt upon the Writ aforesaid demanded against him the said John Hunt the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid as their Right and Inheritance and in which the said John had not then Entry but after the Deseisin which Hugh Hunt thereof unjustly and without Judgment did to the aforesaid Thomas Spenceley and Baldwin within 30. years c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rent aforesaid with the Appurtenances in
Rent of 1. pound of Wax and 4. Capons with the appurtenances in Stow-market Newton Gipping and One House as also of the view of Frank Pledge and whatsoever to view of Frank Pledge doth appertain in Stow-market Newton Gipping and One House whereof a Plea of Covenant was summoned between them in the said Court that is to say That the aforesaid William John Agnes George and Elizabeth acknowledge the aforesaid Manor Tenements Rents and view of Frank Pledge with their appurtenances to be the right of him said Edmond as those which the said Edmond and Robert had of the gift of the aforesaid William John Agnes George and Elizabeth and them released and quit claim from them the said William Iohn Agnes George and Elizabeth and their Heirs to the aforesaid Edmond and Robert and to the Heirs of the said Robert for ever And besides the said William granted for him and his Heirs That they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the aforesaid Manor Tenements Rents and view of Frank Pledge against him the said William and his Heirs forever And further the said John and Agnes granted for them and the Heirs of him the said Iohn that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond the Manor Tenements Rents and view of Frank Pledge with the appurtenances against him the said John Agnes and the Heirs of the said John for ever And moreover the said George and Elizabeth granted for them and the Heirs of him the said George that they would warrant to the aforesaid Edmond and Robert and to the Heirs of the said Edmond The Mannor Tenements Rents and view of Frank Pledge with the appurtenances against them the same George and Elizabeth and the Heirs of the said George forever Which Fine of the Manor Tenements Rents and view of Frank Pledge aforesaid with the appurtenances in form aforesaid levied was had and levied To the use of them the said John Gardiner and Agnes then his Wiâ—e for the Term of their lives and of the longest liver of them without impeachment of waste in any the Woods and Underwoods And aâ—ter the decease of the same John Gardiner and Agnes To the use of the aforesaid William Cary the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid â—ob Cary then Esq and now Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine And by â—orce of a certain Act of Parliament of the Lord Henry late King of England the 8th At Westminster in the County of Middlesex the 4th day of February in the yeer of his Reign the 27th of transâ—erring of uses into possession The said John Gardiner and Agnes were seized of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them without impeachment of waste the aforesaid remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs of his Body lawâ—ully begotten the Remainder thereof for default of such issue To the aforesaid Robert Cary and the Heirs of his Body lawfully begotten And for default of such issue the Remainder thereof to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever And the aforesaid John Gardiner and Agnes his Wife so thereof being seized Another Fine was levied in the said Court of the said Lady the Queen that now is of the Bench here At Westminster aforesaid from the day of Easter 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 32th before Edmond Anderson Francis Windham William Periam and Thom. Walmâ—sley then Justices of the said Lady the Queen of the Bench here and other the said Lady the Queens faithful people then there present Between John Higham Knight and Thomas Turner Esquire By the names of John Higham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid William Cary and the aforesaid Martha then his Wife and the aforesaid John Gardiner and the aforesaid Agnes then his Wife Deforceants of the aforesaid Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances whereof c. By the name of the Manor of Collumbine-hall otherwise Thorney Collumbers with the appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court that is to say That the aforesaid William Cary and Martha John Gardiner and Agnes acknowledged the aforesaid Manor with the appurtenances whereof c. To be the Right of the said John Higham as that which the said John Higham and Thomas and of the gift of the aforesaid William Cary and Martha Iohn Gardiner and Agnes and the same released and quit claimed for them the said William Cary and Martha Iohn Gardner and Agnes and their Heirs to the aforesaid John Higham and Thomas and the Heirs of the said John Higham for ever And further the said William Cary and Martha and Iohn Gardner and Agnes granted for them and the Heirs of the said William Cary that they would warrant to the aforesaid John Higham and Thomas and to the Heirs of the said Iohn Higham the aforesaid Manor with the appurtenances against all Men for ever And for the same Acknowledgement Release Quit claim Fine and Concord The said Iohn Higham and Thomas granted to the aforesaid Martha a certain Annuity or yeerly Rent of 40. pound of lawful Mony of England to be issuing out of the aforesaid Manor with the appurtenances and that to her rendred in the same Court of the said Lady the Queen To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound to the said Martha at the Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid Iohn Gardner and Agnes or any of them so long should live the first payment thereof to begin at that Feast of the Feasts aforesaid which next after the decease of the aforesaid William Cary should happen And if it should happen the aforesaid Annuity or yeerly Rent of 40. pound to be behind in part or in all after any of the Feasts of the Feasts aforesaid in which as before it ought to be paid and not paid That then it should be lawful to the said Martha all her life if the said Iohn Gardiner and Agnes or either of them should so long live into the aforesaid Manor with the appurtenances to enter and distrein and the distresses so there taken and had lawfully to lead away carry and drive and with them to
keep until of the aforesaid Annuity or yeerly Rent of 40. pound with the Arrerages thereof if any were they should be satisfied and paid as by the Record of the said Fine in the Court of the said Lady the Queen of the Bench aforesaid here remaining amongst other things more fully appeareth And the aforesaid VVilliam Cary afterwards that is to say the 4th day of March in the yeer of the Reign of the Lady the Queen that now is the 35th at Stow market aforesaid dyed After whose death By virtue of the Fine a-aforesaid last recited The aforesaid Martha was and yet is seized of the aforesaid Annuity or yeerly Rent of 40. pound in heâ— demesn as of Freehold for the Term of her life if the said Iohn Gardiner and Agnes his Wife or either of them should so long live And because 40. pound of the aforesaid yeerly Rent to the said Martha at and after the Feast of Saint Michael the Archangel in the yeer of the Reign of the Lady the Queen that now is the 35th as also the aforesaid time in which c. were behind not payd The said VVilliam Brâ—don and Iohn Bredon as Bayliffs of the said Martha acknowledged the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. for the said 40. pound of the Annual Rent aforesaid to the said Martha so being behind as in the Lands to the distresse of the said Martha of the Rent aforesaid in form aforesaid charged and bound c. With this that the said Iohn Bredon and VVilliam will aver That the aforesaid Martha is yet living and is in full life that is to say at Littlewrating in the aforesaid County of Suffolk c. with this also That the said William Bredon and John Bredon will aver That the aforesaid Agnes now Plaintiff and the aforesaid Agnes one of the Deforceants in the aforesaid several Fines named are one and the same person and not others or diverse c. And the aforesaid Agnes as to 20. pound of the yeerly Rent aforesaid at the Feast of the Annuntiation of the blessed Mary the Virgin in the 35th yeer abovesaid payable saith That she cannot deny but that the said 20. pound at the said Feast were behind to the aforesaid Martha not paid as the aforesaid William Bredon and John by their Conusance aforesaid supposed And as to the aforesaid other 20. pound of the aforesaid 40. pound Residue which the aforesaid William and John by this Conusance aforesaid suppose to have been behind not paid to the aforesaid Martha at the aforesaid Feast of Saint Michael in the 35th yeer abovesaid It is said That the aforesaid William Bredon and John Bredon by reason of the aforesaid taking of the Cattel aforesaid in the aforesaid place in which c. For the same 20. pound ought not acknowledge it to be just for it is said That well and true it is That the said John Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee And the said John so thereof being seized The said Fine in the Conusance of the said William Bredon and John Bredon above first mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the Reign of the Lady the Queen that now is the 29th above written before the aforesaid then Justices and other the Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs And the aforesaid VVilliam Cary Esquire and John Gardiner and the said Agnes now Plaintiff then Wife of the aforesaid John Gardiner And the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Appurtenances in the Conusance aforesaid above mentioned and that the said Fine in form aforesaid levied was had and levied to the use of the aforesaid John Gardiner and of her the said Agnes for the Term of their lives and the longer liver oâ— them And after the decease of the aforesaid John and Agnes To the use of the aforesaid VVilliam Cary and the Heirs his body lawfully begotten And for default of such issue To the use of the aforesaid Robert Cary Knight and the Heirs of his Body lawfully begotten And for default of such issue To the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Act of transferring uses into possession holden made The aforesaid John and the said Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in demesn as of Freehold for the Term of the lives of them the said John and Agnes and the longer liver of them the Remainder thereof after the death of them the said John and Agnes to the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever as the aforesaid William Bredon and John Bredon by his Conusance aforesaid above supposeth But the said Agnes further saith That the aforesaid Iohn Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said Iohn and Agnes and the longer liver of them in form aforesaid being seized the Remander thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Henry â—ary Knight Lord of Hunsdon and his Heirs expectant before the levying of the aforesaid second Fine in the Conusance of the said William Bredon and John Bredon above mentioned Another Fine was levied in the same Court of the said Lady the Queen that now is of the Bench here that is to say at Westminster aforesaid from the day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid Edmond Anderson Francis Windham and William Periam then Justices of the Lady the Queen of the Bench here and other of the Queens faithful people then and there present Between David Bulward and Robert Ham by the names of David Bulward and Robert Ham Plaintiffs And the aforesaid William Cary by the name of William Cary Esquire Deforceants of the Manor aforesaid with the Appurtenances whereof c. And of 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture
Court the very same Term in his proper person And the aforesaid David Howell although he be then sollemnly called doth not come back but in despight of the Court departeth and maketh default wherefore then it was granted in the said Court here That the said Roger should recover his seisin against the aforesaid David Bulward and Robert Ham of the Manor Tenements and Rents aforesaid with the appurtenances and that the said David Bulward Robert Ham should have of the Lands of the aforesaid William Cary to the value c. And that the said David Howell should be thereof in mercy c. Upon which the aforesaid Roger then in the same Court demanded the Writ of the Lady the Queen to have to him full seisia and possession of the Manor Tenements and Rents aforesaid to the Sheriff of the County aforesaid to be directed and to him it was granted retorunable here in the morrow of the Holy Trinity then next following At which day here cometh the aforesaid Roger in his proper person and the then Sheriff of the County of Suffolk The aforesaid Philip Tilney Esquire then sent here That he by virtue of the Writ aforesaid to him directed the 16th day of May then last past gave to the aforesaid Roger seisin of the Manor Tenements and Rents aforesaid with the appurtenances as by the said Writ to him it was Commanded c. Which Fine in the Barr of the aforesaid Agnes above specified in form aforesaid levyed and the Recovery aforesaid in form aforesaid had were levyed and had To the use of the aforesaid Iohn Gardiner and Agnes for the Term of their lives and the longer liver of them and after the decease of them the said Iohn Gardiner and Agnes to the use of the said William Cary and the Heirs of his body lawfully begotten By virtue of which Fine and Recovery in form aforesaid had and by force of the aforesaid Act of transferring of uses in possession The aforesaid Iohn Gardiner and Agnes were seised of the Manor aforesaid with the appurtenances whereof c. in their demesn as of Freehold for the term of the lives of the said Iohn and Agnes and the longer liver of them the remainder thereof after the death of the aforesaid Iohn and Agnes to the aforesaid William Cary and the Heirs of his body lawfully begotten expectant and the said Iohn Gardiner and Agnes so thereof being seised the Remainder thereof to the aforesaid William Cary in form aforesaid expectant The aforesaid Fine in the Conusans of the said William Bredon and Iohn Bredon above specified in form aforesaid was levyed in the aforesaid Court of the said Lady the Queen here from the aforesaid day of Easter in 15. dayes in the 32th year aforesaid before the aforesaid then Justices of the Lady the Queen of the Bench aforesaid here Between the aforesaid Io. Higham and Thomas Turner Plaintiffs and the aforesaid VVilliam Cary and Martha and the aforesaid Iohn Gardiner and Agnes deforceants of the Manor aforesaid with the appurtenances whereof c. And the aforesaid Iohn Higham and Thomas by the same Fine granted to the said Martha the aforesaid annuity or yeerly Rent of 40. pound to be issuing of him the aforesaid Manor with the Appurtenances whereof c. And the same to her in the said Court here in form aforesaid Rendred To have and to hold the same Annuity or yeerly Rent of 40. pound to the aforesaid Martha at the aforesaid Feast of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by even portions yeerly to be paid all the life time of the said Martha if the aforesaid John Cardiner and Agnes the first payment thereof to Martha if the aforesaid J. Gardiner Agnes or either of them should so long live the first paymēt therof to begin at the Feast of the Feasts aforesaid next after the decease of the aforesaid VVil. Cary should first happen to be with the aforesaid clause of distress in the Fine mētioned And the aforesaid VVil. Cary afterwards that is to say the 24th day of March in the yeer 35th aforesaid at Stow-market aforesaid dyed After whose death by virtue of the Fine aforesaid The aforesaid Martha was and as yet is seized of the aforesaid Annuity or yeerly Rent of 40 p. in her demesn as of Freehold for Term of her life if the aforesaid Iohn Gardiner and Agnes or either of them shall so long live And this they are ready to aver Wherefore they demand Judgement and Retorn of their Cattel aforesaid together with their damages to be to them adjudged c. And the aforesaid Agnes as at first saith That the aforesaid Iohn Gardiner was seized of the Manor aforesaid with the Appurtenances whereof c. in his demesn as of Fee and he the said Iohn so thereof being seized the Fine aforesaid in the Conusance of the aforesaid William Bredon and Iohn Bredon first above mentioned was levied in the aforesaid Court of the Queen here in the aforesaid 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th abovesaid before the aforesaid then Justices and others the said Lady the Queens faithful people then there present Between the aforesaid Edmond Cary Knight and Robert Cary Esquire Plaintiffs and the aforesaid William Cary Esquire Iohn Gardiner and her the said Agnes now Plaintiff then the Wife of the aforesaid Iohn Gardiner and the aforesaid George Totty and Elizabeth his Wife Deforceants of the Manor aforesaid with the Appurtenancs whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the aforesaid Fine in the Conusance aforesaid first mentioned And that the said Fine in form aforesaid levied was had and levied To the use of the aforesaid Iohn Gardiner anc her the said Agnes for the Term of their lives and the longer liver of them and after the decease of the aforesaid Iohn and Agnes To the use of the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten and for default of such issue to the use of Robert Cary Knight and the Heirs of his Body lawfully begotten and for default of such issue to the use of the aforesaid Henry Cary Knight Lord of Hunsdon and his Heirs for ever By virtue of which Fine and by force of the aforesaid Statute of transferring uses into possession holden and made The aforesaid Iohn and Agnes were seized of the Manor aforesaid with the Appurtenances whereof c. in their demesn as of Freehold for the Term of the lives of them the said Iohn and Agnes and the longer liver of them the Remainder thereof after the death of them the said Iohn and Agnes to the aforesaid William Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid
Henry Cary Knight Lord of Hunsdon and his Heis for ever And that the aforesaid John Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the said John and Agnes and the longer liver of them in form aforesaid being seized the Remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs oâ— his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Heny Cary Knight Lord of Hunsdon and his Heirs expectant Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon and John Bredon above second mentioned The aforesaid other Fine in the aforesaid Plea of her the said Agnes above specified was levied in the aforesaid Court of the Queen here from the aforesaid day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid then Justices and other the faithful people of the Lady the Queen then there present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid William Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid 20. Messuages One Dove house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One house Which Fine in form aforesaid levied and had was had and levied to the use of the aforesaid David and Robert Ham and to their Heirs for ever to the intent in the Plea of the aforesaid Agnes above mentioned the aforesaid John Gardiner and Agnes of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs expectant the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned in form aforesaid was had And the aforesaid Agnes further in Facto saith That the aforesaid John Gardiner and Agnes from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon and John Bredon second mentioned in form aforesaid was levied Without that that the aforesaid David and Robert Ham the aforesaid day of bringing of the Writ of the Lady the Queen of Entry Sur Disseisin in the Post in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned or ever afterwards were ever Tenants of the Freehold of the Manor Tenements and Rents with the Appurtenances in the Recovery aforesaid above mentioned as the aforesaid William Bredon and John Bredon above have alleged And this she is ready to aver Wherefore she demandeth Judgement and his Damages by occasion of the taking and unjust detaining of the Cattel aforesaid to her to be adjudged And the aforesaid William Bredon and John Bredon say That the aforesaid Plea of the aforesaid Agnes to the Conusance of them the said William and John as to the aforesaid 20. pound residue of the 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable above by Rejoynder pleaded is insufficient in Law to bar her the said Agnes from having her Action aforesaid of the taking of the Cattel aforesaid in the aforesaid place in which against them the said William and John or to bar the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. And that they to that Plea in manner and form aforesaid pleaded need not nor by the Law of the Land are bound to Answer for that that is to say That the aforesaid Induction of the Plea of the said Agnes to the Traverse aforesaid in her Plea aforesaid to the Conusance of them the said William and Iohn above rejoyning pleaded is not sufficient in Law to induce that Traverse And that the Traverse of the aforesaid Tenances of the David and Robert Ham the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post of the aforesaid Manor Tenements Rents with the Appurtenances in the same Plea pleaded is not material in Law And this they are ready to aver wherefore for want of sufficient Plea of the said Agnes in this behalf the said William and John as at first demand Judgement and the retorn of the Cattel aforesaid together with damages c. to be to them adjudged And the aforesaid Agnes for as much as she hath alleged sufficient matter in Law and the aforesaid William Bredon and John Bredon from their Conusance aforesaid as to the aforesaid 20. pound of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable to have to bar and the said Agnes to have her Action aforesaid against the said William and John above hath alleged which she is ready to aver which matter the aforesaid William and John do not deny nor to the same do any wayes Answer but the the same Averment utterly refuse to admit as before demandeth Judgement and her damages by occasion of the taking and unjustly detaining of the Cattel aforesaid to her to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes from Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswelthe aforesaid Agnes as the aforesaid Wil. Bredon J. Bredon by their Atornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswel the aforesaid Agnes as the aforesaid Wil. Bredon and John Bredon by their Attornies aforesaid And upon this The premises seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Plea of the aforesaid Agnes to the Conusance of the aforesaid William and John as to the aforesaid 20. pound residue of the aforesaid 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable by Rejoynder pretended is not sufficient in Law for the said Agnes to have her Action aforesaid of the taking of the Cattel aforesaid against the said William and John or to
Castles Manors Lands and Tenements and other things under written That he the State and Honour of the said Duke might uphold and the charges and burthens thereof the better uphold that is to say The Sheriffwick of the County of Cornwall with the Appurtenances so as the said Duke and other Dukes of the same place for the time being make and appoint Sheriffs of the said County of Cornwall at their will and pleasures and to do and execute the Office of Sheriffs there as heretofore it used to be done without any hindrance of us or our Heirs forever As also the Castle Burrough Manor and Honour of Launceston with the Park there and other as Appurtenances in the County of Cornwall and Devonshire The Castle and Manor of Tremeton with the Town of Saltesh and the Park there and other the Appurtenances in the said County The Castle Burrough and Manor of Tintagel with the Appurtenances in the said County of Cornwall The Castle and Manor of Restormel with the Park there and other the Appurtenances in the said County And the Manor of Clymestond with the Park of Keriballock and other their Appurtenances Tibeste with the Balywick of Powderhine and other their Appurtenances Twynton with the Appurtenances Helleston in Kerior with the Appurtenances Morsk with the Appurtenances Tevernaile with the Appurtenances Pengkeseth with the Appurtenances Peâ—lyn with the Park there and other the Appurtenances Kellaton with the Bedelry of Estwyueleshire and other the Appurtenances Helleston in Fryshire with the Park of Hellesbury and other its Appurtenances Lyskireâ—â— with the Park there and other the Appurtenances Calistock with the Fishing there and other the Appurtenances and Tatskid with the Appurtenances in the said County of Cornwall And the Town of Lostwickiell in the said County with the Mill there and other the Appurtenances And the Prizage and Customs of our Wines in the said County of Cornwall and also the Profits of all the Ports within the same our County of Cornwall to us belonging together with Wreck of the Sea as well of Whales and Sturgeon and other Fishes which do belong to us by reason of our Prerogative and whatsoever belongs to Wreck of Sea with the Appurtenances in our said County of Cornwall And the Profits and emoluments of our County holden in our County of Cornwall And Hundreds and Courts in the said County to us belonging As also our Stannary in the said County of Cornwall together with the Coinage of the said Stannary and all issues and Profits thereof arising And also all the Issues Profits and Perquisites to the Court of Stannary and the Mines of the said County except only 1000. Marks which to our well-Beloved and Faithful William de Monte acuto Earl of Salisbury we have granted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the Issues and Profits of the aforesaid Coinage until the Castle and Manor of Tonbridge with the Appurtenances in the County of Wilts To the Manor of Aldebourn Ambresbury and VVinterbourn with the Appurtenances in the said County and the Manor of Caâ—eford with the Appurtenances in the County of Dorset and the Manor of Hâ—ngstrig and Charleton with the Appurtenances in the County of Somerset which our Beloved and Faithful John de VVarren Earl of Surrey and Johan his Wife hold for the term of their life and which after their deaths to us and our Heirs ought to return after the decease of the said Earl and Johan to the aforesaid Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we granted to remain and 200. Marks of Land and Rent which to the said Earl of Salisbury to have in form aforesaid we granted to be provided came to our Hands And also our Stannary in the aforesaid County of Devon with the Coinage and all Issues and Profits of the same And also the Exites Profits and Perquisites of the said Court of Stannary And the Water of Dertmouth in the said County And the yeerly farm of 20. pound of our City of Exeter and the Prizage and Customs of our Wines in the Water of Sutton in the said County of Devon As also the Castle of Wallingford with its Hamblets and Members and the yeerly Farm of the Town of VVallingford with the Honors of Wallingford and De Sancto Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever those Honours were And the Castle Manor and Town of Berkhamstead with the Port there together with the Honour of Berkhamstead in the Counties of Hertford Buck. and Northampton and other their Appurtenances And the Manor of Biflet with the Park there and other the Appurtenances in the County of Surrey To have and to hold to the said Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England by Inheritance to succeed together with Kingly Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as weâ— Free as Vâ—lleins and all other things to the aforesaid Castles Burroughs Towns Manors Honours Stannaries and Coinage Lands and Tenements howsoever and wheresoever belonging or appertaining of us and our Heirs for ever together with 24. pound of yeerly Farm which our well-Beloved and Faithful John de Merz to us by the yeer for all his life is bound to pay for the Castle and Manor of Mere with the Appurtenances in the County of Wilts granted to him by us for the Term of his life to be taken every yeer by the Hands of the said John for the Term of his Life and with the aforesaid 1000. Marks yeerly to the aforesaid Earl of Surrey of the issues of the Coinage aforesaid by us so granted after obteined by him or his Heirs Males of his Body to be begotten seisin of the said Castle and Manor of Tunbridge and the Manors of Aldebourn Ambresbury Winterborn Caneford Hengstrigg Charleton after the deaths of the same Earl of Surrey and Johan And the said 200. Marks Land and Rent to the said Earl of Salisbury and the Heirs Males of his Body begotten so provided for the proportion of the said Castles Manors Lands and Tenements with the whole and particularities to the Hands of the said Earl of Salisbury and the Heirs Males of his Body should come We have moreover granted for us and our Heirs and by this our Charter we have confirmed That the Castle and Manor of Knaresburgh with the Hamblets and Members thereof and the Honour of Kneasbough in the County of York and other Counties wheresoever the same Honour should be The Mannor of Istleworth with the Appurtenances in the County of Middlesex which Philippa Queen of England our most dear Coâ—â—ort holdeth for Term of Life And the Castle and Manor of Lydeford with
the Appurtenances and with the Chase of Dertmore with the Appurtenances in the said County of Devon And the Manor of Bradnests with the Appurtenances in the said County which our Beloved and Faithful Hugh de Andley Earl of Gloucester and Margaret his Wife have for the Life of the said Margaret And the said Castle and Manor of Mere with the Appurtenances which the aforesaid Johan so for Life holdeth by our Grant and which after the death of the said Queen Margaret and Johan to us and our Heirs ought to revert after the decease of the aforesaid Queen aforesaid that is to say the Castle and Manor of Knaresburgh with the Honours Hamblets and Members thereof aforesaid and other their Appurtenances and the Manor of Istleworth with the Appurtenances And after the death of the said Margaret the said Castle and Manor of Lydeford with the said Chase of Dertmore and other the Appurtenances and the Manor of Bradnests with the Appurtenances and after the death of the said Johan the said Castle and Manor of Mere with the Appurtenances shall remain to the aforesaid Duke and of him and his Heirs Kings of England Eldest Sons and Dukes of the said place in the Kingdom of England â—ereditarily to succed as before is said To have and to hold together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats Services of Tenants as well Free as Villeins and all others to the same Castles Manors and Honoars howsoever and wheresoever belonging or appertaining of his likewise and our Heirs forever All which Castles Burroughs Towns Manors Honours Stannaries Coinage Fine of Exeter and Wallingford Lands and Tenements as above are specified together with the Fees Advowsons and all other things aforesaid to the aforesaid Dutchy by our present Charter for us and our Heirs we do annex and unite to the same for ever to remain So that from the said Dutchy at no time they be any waies severed nor to any one or other than Dukes of the same place by us or our Heirs they be given or any manner of way granted So also as that to the aforesaid Duke and other Dukes of the same place they do descend and to the Son or Sons to whom the said Dutchy by colour of our Grant aforesaid it shall belong then not appearing the said Dutchy with the Castles Burroughs Towns and all other the abovesaid to us or our Heirs Kings of England shall retorn in our Hands and in the Hands of our Heirs Kings of England to be kept until such Son or Sons of the said Kingdom of England Heirs to succeed appear as it is said to whom then successively the said Dutchy with the Appurtenances for us and our Heirs we Grant and will that they be delivered to hold as above is expressed We have moreover for us and our Heirs and by this our Charter we have confirmed to the aforesaid Duke that the said Duke and the Heirs of him Eldest Sons Dukes of the same forever have free Warren in all the Lordships Manors Castles Lands and other places aforesaid so as the said Lands be not within the Pounds of our Forrests And that none enter into them to hunt in them or to take any thing which to Warren appertaineth without the License Will of the said Duke or other Dukes of the same place upon pain of Forfeiture of 10. pound Wherefore we Will and firmly Command for us and our Heirs That the said Duke have and hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the said place in the sayd Kingdom of Engla in heritable to succeed The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances So that they and others Dukes aforesaid at their Wills make and constitute the Sheriff aforesaid of the said County of Cornwall to do and execute the Office of Sheriff there as hitherto it used to be done without the hindrance of us or our Heirs forever As also the aforesaid Castles Burroughs Manors and Honours of Launfeton The Castle and Manor of Tremeton with the Town of Saltesh the Castle Burrough and Manor of Tintagel the Castle and Manor of Restornel and the Manors of Clymeslond Tebeste Tewynton Helleston in Kerier Moresk Tewarnayl Pengkneth Pentyn Rellaton Helleston in Trigstone Vyskiret Calistock Talskid and Town of Lofiwithel with the appurtenances together with the Parks Bayliwicks Bedelrie Fishings and others aforesaid in the aforesaid County of Cornwall and the aforesaid Prisages Customs and profits of Ports aforesaid together with the said Wreck of Sea and the said profits and emoluments with the Hundreds and Courts aforesaid to us belonging and the said Stannary in the said County of Cornwall together with the Coinage of the said Stannary and with all issues and profits thereof arising And also the explees profits and perquisites of the Courts aforesaid except only the said 1000. Marks which to our well-Beloved William de Monte acuto Earl of Salisbury wegranted for us and our Heirs to be taken to him and the Heirs Males of his Body lawfully begotten of the issues and profits of the Coinage aforesaid until the said Castle and Manor of Tunbridge with the Appurtenances and the said Mannors of Aldebourn Ambresbury and Winterbourn with the Appurtenances and the said Manor of Hengstrig and Charleton with the Appurtenances which the aforesaid Earl of Surrey and Johan his Wife hold for the term of their Lives and which after their deaths to us and our Heirs ought to revert after the deceases of the said Earl and Johan to the said Earl of Salisbury and the Heirs Males of his Body lawfully begotten to the value of 800. Marks by the yeer we have granted to remain And the said 200. Marks Land and Rent which to the said Earl of Salisbury To have in form aforesaid we granted come unto our Hand as before is said And the said Stannary in the County of Devon with the Coinage and all issues and profits thereof And also the explees profits and perquisites of the Court of the same Stannary Water of Dertmouth and the said yeerly Farm of 20. pound of the said City of Exeter and the said Prizage and Custom of Wines in the Water of Sutton in the said County of Devon As also the aforesaid Castle of Wallingford with Hamblets and Members thereof the yeerly Farm of the Town of Wallingford with the said Honour of Wallingford and De Sancto Valerico The Castle Manor and Town of Berkhamstead with the said Honour of Berkhamstead and the Manor of Biflet with the Parks and other their Appurtenances aforesaid together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with the Hundreds Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other
things to the said Castles Burroughs Towns Manors Stannaries and Coinage Lands and Tenements whatsoever and wheresoever belonging or appertaining of us our Heirs forever together with said 24. pound Farm which the aforesaid John de Mere to us yeerly for his whole Life is bound to pay for the said Castle and Manor of Mere granted to him by us to hold for the term of his Life to be taken yeerly by the Hands of the said John de Mere all his Life And also with the aforesaid 1000. Annual Marks to the aforesaid Earl of Salisbury of the profits of the Coinage aforesaid by us so granted after obteined by him or the Heirs Males of his Body begotten seisin of the aforesaid Manor of Tonbridge and Manor of Aldebourn Ambresbury Winterbourn Caneford Hengstreg and Charlton after the decease of the said Earl of Surrey and Johan And the said 200. Marks of Land and Rent of the said Earl of Salisbury and the said Heirs Males of his Body so provided for the like proportion of the said Castles Manors Lands and Tenements with the whole and particulars to the Hands of the said Earl of Salibury or the Heirs Males of his Body lawfully begotten should come as aforesaid And that the aforesaid Castle and Manor of Knaresburgh with its Hamblets and Members and the Honour of Knaresburgh And the Manor of Istelworth with the Appurtenances after the death of our aforesaid Consort The Castle and Manor of Lydeford with the Appurtenances and with the said Chase of Dertmore with the Appurtenances and the Manor of Bradnests with the Appurtenances after the decease of the aforesaid Margaret And the Castle and Manor of Mere with their Appurtenances after the death of the aforesaid John de Mere remain to the said Duke To have and to hold to him and his Heirs Eldest Sons of the Kings of England and Dukes of the same place in the Kingdom by Inheritance to succeeed together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Wapentakes Fishings Forrests Chases Parks Woods Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well Free as Villeins and all other things to the said Castles Manors Honours howsoever and wheresoever belonging or appertaining of us likewise and our Heirs for ever aâ— before is said All which Castles Burroughs Towns Manors Honours Stannaries Coinage Farms of Exeter and Wallingford Lands Tenements as above are specified together with Knights Fees Advowsons and all other things abovesaid to the said Dutchy by this our present Charter for us and our Heirs we do annex and unite to the same to remain forever So as from the said Dutchy at no time hereafter they be severed nor to any person or persons then the Dukes of the same place by us or our Heirs they be given or in any wayes granted So that to the aforesaid Duke or other Dukes of the same place they descend And Son or Sons to whom the said Dutchy by colour of the aforesaid our Grants it behoves to belong then not appearing The same Dutchy with the Castles Burroughs Towns and all other things aforesaid to us and our Heirs Kings of England shall revert in our Hands and in the Hands of our Heirs to be kept until such Son or Sons in the said Kingdom of England hereditable successively appear as is said to whom successively the said Dutchy with the Appurtenances for us and our Heirs we grant and will to be delivered to be holden as above is expressed And that the said Duke and his Heirs Eldest Sons Dukes of the said place for ever have Free Warren in all the Demesns of the Lands aforesaid whilest yet the same Lands are not within the Bounds of our Forrests So as none enter into those Lands to hunt in them or to take any thing which to Warren belongeth without the License and Will of the said Duke and the other Dukes of the said place upon payn of forfeiture 10. pound as before is said These being Witnesses The most Reverend Fathers John Archbishop of Canterbury Primate of all England our Chancellor Henry Bishop of Lincoln Richard Bishop of Durham John de Warren Earl of Surrey John de Betto Campo Earl of Warwick Thomas Wake of Lydel John de Mowbray John Darcy of Neuen Steward of our House and others Given by our Hand at Westminster the 17th day of March in the yeer of our Reign the 11th By the King himself and the whole Council in Parliament But we The Tenor of the Charter Record and Act of Parliament aforesaid at the Request of the well-Beloved and Faithful Thomas Stephens Esquire Attorny General of our well-Beloved and most dear Son our Eldest Son Henry Prince and Duke of Cornwall caused to be Exemplified by these presents In Witnesse whereof we made these our Letters Patents Witnesse my self at Westminster the 5th day of March in the yeer of our Reign of England France and Ireland the Third and of Scotland the 39th as by the said Letters Patents of Exemplification aforesaid here in Court brought more fully appeareth And the said Henry Hobert Attorny General of the said Lord the King that now is for the said Lord the King that now is saith and will aver That the aforesaid Act of Parliament aforesaid of the aforesaid late King Edward the 3d. made and the aforesaid Charter by the aforesaid late King Edward the 3d. by authority aforesaid of the Parliament of the same late K. Ed. the 3d. made And the aforesaid Charter by the aforesaid late K. Ed. the 3d. by Authority of Parliament aforesaid made whereof is the Inrolment aforesaid in the aforesaid Exemplification of the Inrollment aforesaid as before is said is made mention are one and the same and not other nor divers Whereupon the said Attorny General of the said Lord the King if that now is for the said Lord the King here demandeth Judgement If the aforesaid Henry Lindley to say that there is not any such Record of such Act of Parliament aforesaid of the aforesaid late King Edward the 3d. Nor that there is any such Record of the aforesaid Charter by the said late King Edward the 3d. by Authority of the Parliament aforesaid in the Writ aforesaid of Scire Facias specified against the said Letters Patents of Exemplification aforesaid here in Court by the said Attorny of the aforesaid Lord the King that now is for the said Lord the King now shewed forth ought to be admitted And further the said Henry Hobert the Attorny General of the said Lord the King that now is for the said Lord the King prayeth that the said Letters Patents of the aforesaid late Queen Eliz. as unto the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances be revoked and annulled and that the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances into the Hands of the said Lord the King that now is to
of Fee in the Right of his Crown of England And the said late King so thereof being seized before the time in which c. By his Letters Patents with the Great Seal of England sealed bearing date at Westminster the 14th day of May in the yeer of his Reign the 32th had given and granted the Tenements aforesaid with the Appurtenances amongst other things to Ann Cobham Widow To have and to hold the Tenements aforesaid with the Appurtenances amongst other things to the said Ann Cobham and her Assigns for the term of the life of the said Ann rendring therefore to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown at the Feast of Saint Michael the Archangel yeerly to be paid and after the decease of the aforesaid Ann The said late King by his Letters Patents willed and granted That the Tenements aforesaid with the Appurtenances amongst other things to one Edward Shelley Esquire and Johan his Wife and to the Heirs of the Bodies of them the said Edward and Johan between them lawfully to be begotten To be holden of the aforesaid late King his Heirs and Successors by the Service of the 20th part of a Knights Fee And yeelding therefore yeerly to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown aforesaid at the Feast of Saint Michael the Archangel every yeer to be paid for all Services and demands whatsoever to the said late King his Heirs and Successors any wayes to be rendred payed or done And if it should happen the said Edward and Johan his Wife to dye the without issue of their bodies lawfully by them begotten The the said late King willed and granted by his said Letters Patents that the Tenements aforesaid with the Appurtenances amongst other things should wholly remain to the right Heirs of the said Edward Shelley for ever to be holden of the aforesaid late King his Heirs and Successors by the Rent and Services aforesaid for all Services and demands as by the said Letters Patents amongst other things more fully appeareth By vertue of which gift and grant the said Anne Cobham into the Tenements aforesaid with their Appurtenances amongst other entred and was thereof seized in her Demesn as of Freehold the remainder thereof in form aforesaid And the said Anne so thereof being seized afterwards and before the time in which c. that is to say the day in the year of the Reign of the said late King Henry the 8th At Worminghurst in the said County of Sussex died After the death of which Anne the aforesaid Edward Shelley and Joham his wife into the Tenements aforesaid with the Appurtenances amongst other things entred and were thereof seized in Demesn as of Fee-tail that is to say to them and the heirs of the body of them the said Edward and Joham the remainder unto the said Edward and his Heirs in form aforesaid And so thereof being seized the said Edward and Johan had issue of their bodies Henry Shelley father of the aforesaid Henry Shelley now Defendant his eldest Son and Richard Shelley his second Son which Richard Shelley is yet living and in full life and that the said Edward and Johan being thereof so seized the said Johan afterwards and before the time of the Trespass aforesaid died and the aforesaid Edward her overlived and held himself in the Tenements aforesaid with the Appurtenances and was thereof seized in his Demesn as of Fee-tail the remainder thereof to him and his Heirs for ever as before is said And the said Jurors also say upon their Oaths aforesaid That the said Henry Father of the aforesaid now Defendant had issue of his body lawfully begotten Mary Shelley his daughter and that the said Henry Shelley died in the life of the said Edward his Father one Anne then wife of the said Henry being quick and great with childe with the aforesaid Henry Shelley now Defendant in the Declaration named And the said Edward Shelley so being thereof seized afterwards the 25th day of September in the years of the Reigns of Philip and Mary late King and Queen the first and second by his Indenture sealed with his Seal bearing date the said day and year first delivered the sixth day of October then next following made between him the said Edward Shelley by the name of Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Marten of the other part the tenour of which Indenture followeth in these words ss This Indenture made the 25th day of September in the first and second years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the grace of God King and Queen of England France Neapolis Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicil Archdukes of Austria Dukes of Millain Burgundy and Brabant Earls of Haspuag Tirol and Flanders between Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Martin of the other part Witnesseth That it is fully Covenanted Granted Condescended and Agreed between the said Parties in manner and form following That is to say first the said Edward Shelley for and upon divers great and urgent causes and considerations him moving doth Covenant Grant Condescend Promise and Agree for him his Heirs and Executors to and with the said Richard Cooper and William Martin and their Executors by these Presents That he the said Edward Shelley shall permit cause and suffer the said Richard Cooper and William Martin or the survivor of them at the proper costs and charges of him the said Edward Shelley his Heirs and Executors Administrators or Assigns on this side the Feast of All Saints next ensuing the date of these presents to recover against him the said Edward his Heirs or Assigns by Writ of Entre sur Disseisin enle Post The Mannors oâ— Worminghurst Barhamwick and Fyndon with the Appurtenances in the said County of Sussex and all other his Lands Tenements Possessions and Hereditaments with the Appurtenances set lying and being in Fyndon Worminghurst Barhamwick Patching Eastangmering Westangmering Wyginholt Sterington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley in the said County Except only the Manors of Sillington and Cobden with the Appurtenances in the said County and except also all those Lands Tenements and Hereditaments called or known by the name of Cobden Pullets Firses and Palmerishcomb with all and singular their appurtenances And the said Edward Shelley covenanteth Granteth and Promiseth by these presents to and with the said Richard Cooper and William Martin that at the time of the said Writ of Entry brought against him of the Premises and at the time of the said Recovery had he the said Edward shall be sole Tenant of the Freehold of
all and singular the said Mannors except before excepted and that the said Writ shall be brought and sued against him the said Edward Shelley of all and singular the said Manors and Premises except before excepted by the name of the Manor of Worminghurst Barhamwick and Fyndon with the Appurtenances and by the name of 30 Messuages 10. Tofts one Water-mill 2. Culver-houses 30. Gardens 400. Acres of Land 60. Acres of Meadow 400. Acres of Pasture 120. Acres of Wood 500. Acres of Firzes and Heath and eight pound 10 s. of Rent with the Appurtenances in Fyndon Worminghurst Barhamwick Patching Estangmering Westangmering Wyginholt Storington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley and of the Advowson of the Church of Worminghurst and that the said Recovery had of all and singular the premises shall be suffered and had to the uses profits behoofs and intents hereafter specified and declared and to note other use or intent That is to say Of the said Mannor of Fyndon with the Appurtenances except the Park of Fyndon and except also all those Lands Tenements and Hereditaments in Fyndon aforesaid called or known by the name ef the Park of Fyndon the said Recovery thereof shall stand and be to the only use profit and behoof of him the said Edward Shelly and of the Heirs males of his body lawfully to be begotten and for lack of such issue to the use profit and behoof of the heirs Males of the body of John Shelley Esquire sometimes of Michael Grove deceased Father of the said Edward and of the heirs Males of the body of the said heirs Males lawfully begotten and for lack of such Issue to the use and behoof of the right Heirs of the said Edward Shelley for ever And of the said Manors of Worminghurst and Barhamwick with the Appurtenances and of the said Park of Fyndon and of all the said Lands Tenements and Hereditaments called or known by the name of the Park of Fyndon and of all and singular other the premises with the Appurtenances comprised or to be comprised in the said Writ of Entry and in the said recovery it is granted condescended and agreed between the said parties and the said Edward Shelley covenanteth granteth That the said Recovery thereof shall be suffered and had to the only use profit and behoof of them the said Edward Shelley and his Assigns for and during the term of the life natural of the said Edward Shelley without impeachment of or for any manner of waste and after the decease of the said Edward Shelley then to the only use profit and behoof of John Carrel and John Apsley of Thackham Esquires and Edward Darkenold of Slynford in the said County of Sussex Yeoman and of their Executors and Assigns for and during the term of 24. years next ensuing after the decease of the said Edward Shelley and after the 24. years ended then to the only use profit and behoof of the Heirs Males of the body of the said Edward Shelley lawfully begotten and for lack of such issue then to the use profit and behoof of the Heirs Males of the body of the said John Shelley sometimes of Michael Grove Esquire deceased father unto the said Edward Shelley and to the Heirs Males of the body of the said Heirs Males last before rehearsed lawfully begotten and for lack of such issue to the use profit and behoof of the right heirs of the said Edward Shelley for ever And the said Edward Shelley further Covenanteth Promiseth and granteth to and with the said Richard Cooper and William Martin That he the said Edward Shelley shall and will from time to time do suffer procure make and acknowledge and cause to be had done suffered procured and acknowledged at his own proper costs and charges All and every such act and acts thing and things as shall be devised or avised by the said Richard Cooper and William Martin or the survivor of them as well for the said recovery to be perfectly surely and lawfully had and executed of all and singular the said Mannors Lands Tenements and Hereditaments with the Appurtenances by the said Richard Cooper and William Martin to the uses purposes and intents in these Indentures specified declared and contained as also for the further surety establishment execution perfecting and continuance of all and every the said uses estates and other the premises to be and go according to the Covenants promises Articles and Agreements in these present Indentures contained In witness whereof the parties abovesaid to these present Indentures interchangeably have set their Seals the day and year first abovesaid And the Jurors aforesaid further say upon their Oath That the Tenements aforesaid in the Indenture aforesaid excepted are not the Lands Tenements in the Declaration abovesaid specified And that the aforesaid Edward Shelley so being thereof seized The aforesaid Richard Cooper and William Martin the 20th day of September in the year of the Reigns of the said late King and Queen the first and second abovesaid out of the Court of the said late King and Queen of their Chancery at Westminster in the County of Middlesex sued forth a Writ of the said late King and Queen to the then Sheriff of Sussex directed against the said Edward Shelley By which Writ it was commanded the said Sheriff of Sussex That he command the aforesaid Edward Shelley that justly and without delay he render to the aforesaid Richard Cooper and William Martin the Manors of Worminghurst Barhamwick and Fyndon with the Appurtenances as also 30. Messuages 10. Tofts one Water-Mill two Dove houses thirty Gardens 400. Acres of Land 60. acres of Meadow 400. acres of Pasture 120. acres of Wood 500. acres of Firzes and Heath and 8 l. 10 s. Rent with the appurtenances in Fyndon Wominghurst Barhamwick Patching Estangmering Westangmering Wighenhold Storington Ashington Greensted Ashurst Stering Weston Thackham and Shipley And also the Advowson of the Church of VVarminghurst which he claimeth to be his Right and Inheritance And in which the said Edward had not Entry But after Disseisin with Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Richard and William within 30. yeers then last past as they said And whereupon they complained That the aforesaid Edward them Deforced c. And unlesse he should do it And the aforesaid Richard and William him the said Sheriff secured for the prosecuting of his claim Then he summon the aforesaid Edward that he be before the Justices of them the said late King and Queen at Westminster in 8. dayes of Saint Michael then next insuing to shew wherefore he had not done it and to have there the Summons the Writ aforesaid At which 8. dayes after Saint Michael before the Justices of the said late King and Queen come the aforesaid Richard Cooper and William Martin by John Bish their Attorny And the Sheriff that is to say Thomas Saunders Knight retorned that Richard and William found to
Acres parcel of the said 20. Acres the said Thomas saith That long before the time in which it is supposed the Trespass aforesaid to be done one Francis Bunny was seized of the aforesaid 20. Acres of Pasture in which c. in his Demesn as of Fee and so thereof being seized before the aforesaid time in which c. that is to say The first day of May in the year of the Reign of the Lady the Queen that now is the 20th by his Deed of Feoffment here into Court brought bearing date the same day and year enfeoffed one Miles Hilycock of the aforesaid 20. Acres of Pasture with the Appurtenances in which c. To have and to hold to the said Miles and his heirs for ever to the use of the said Francis for the term of the life of the said Francis and after the death of the said Francis to the use of one David Bunny and the Heirs of his body lawfully begotten and for lack of such issue to the use of Nicholas Bunny and the heirs of his body lawfully begotten and for lack of such issue to the use of Walter Bunny and the heirs of his body lawfully begotten and for lack of such issue to the use of Stephen Bunny and his heirs for ever By vertue of which Feoffment and by force of certain Act in Parliament of the Lord Henry late King of England the 8th at Westminster in the County of Middlesex the 4th day of February in the year of his Reign the 27th of transferring uses in possession holden made The aforesaid Francis was of the aforesaid 20. Acres of Pasture with the appurtenances seized in his Demesn as of Freehold the remainder thereof after the death of the aforesaid Francis to the aforesaid David and the Heirs of his body lawfully begotten the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Walter and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Stephen and his heirs for ever exptctant and the aforesaid Francis so of the aforesaid 20. acres with the appurtenances in form aforesaid being seized the remainder thereof to the aforesaid David in form aforesaid expectant The said Francis afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the Lady the Queen that now is the 21th enfeoffed one Richard Tomson of the aforesaid 20. acres of Pasture with the appurtenances To have and to hold to the said Richard his heirs and assigns for ever By vertue of which the said Richard was of the said 20. acres of Pasture with their appurtenances seized in his Demesn as of Fee by colour whereof and for that the said Feoffment was made to the disinheriting of the said David the said David in the aforesaid 20. Acres of Pasture with the appurtenances entred and was thereof seized in his Demesn as of Feertail the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten the remainder thereof to the said Walter and the heirs of his body lawfully begotten the remainder thereof to the aforesaid Stephen and his Heirs for ever And the aforesaid David so thereof being seized the remainder thereof in form aforesaid expectant the said David afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the Lady the Queen that now is the 22th at Willesdon aforesaid demised the aforesaid five acres of Pasture of the aforesaid 20. acres of Pasture with the appurtenances in which c. parcel To one Adam Blunt to have and to hold to the said Adam from the Feast of St. Michael the Archangel last past until the end and term of one year from thence next following and fully to be compleat By vertue of which the said Adam Blunt into the said five acres of Pasture with the appurtenances entred and was thereof possessed and the said Adam so being thereof possessed afterwards and before the time in which enfeoffed the aforesaid Thomas Albany of the said five acres of Pasture with the appurtenances To have and to hold to the said Thomas his heirs and assigns to the proper use and behoof of him the said Thomas his heirs and assigns for ever By colour of which the said Thomas was of the said five arces of Pasture with the Appurtenances seized in his Demesn as of Fee and the aforesaid John Grendon claiming the said five acres of Pasture with the appurtenances by colour of a certain Deed of Demise to him thereof made for the term of his life by the aforesaid Miles Hitchcock whereas nothing of the said five acres of Pasture in the possession of the aforesaid John Grendon by the said Deed ever passed in the aforesaid five acres of Pasture with the appurtenances before the time in which c. entred upon whose possession of the said John thereof the said Thomas Albany afterwards that is to say the aforesaid time in which c. into the aforesaid five acres of Pasture with the appurtenances entred and the grass there then growing with the cattel aforesaid fed trod and consumed as it was lawfull for him to do and this he is ready to aver whereupon he prayeth judgement if the aforesaid John Grendon his action aforesaid against him ought to have or maintain c. And as to any Trespass in the aforesaid 15. acres of Pasture residue the said Thomas Albany saith that the aforesaid John Grendon his Action aforesaid thereof against him ought not to have or maintain because he saith That the aforesaid David long before the Trespass aforesaid supposed to be done being seized of the aforesaid 15. Acres of Pasture in his Demesn as of Fee tail as before is said before the time in which c. that is to say the second day of May in the year of the Reign of the Lady the Queen that now is the 22th aforesaid at Westminster aforesaid by a certain Indenture between the said David and the aforesaid Thomas Albany made bearing date the same day and year and in the Court of the Chancery of the said Lady the Queen at Westminster aforesaid within six moneths then next following in due manner of Record inrolled according to the form of the Statute in such case made and provided one part of which sealed with the Seal of the said David the said Thomas Albany brings in Court bargained and sold to the said Thomas the aforesaid 15. acres of Pasture residue To have and to hold to the said Thomas and his Heirs for ever by colour of which Bargain Sale and Inrollment the said Thomas Albany of the aforesaid 15. acres of Pasture was seized in his Demesn as of Fee and the aforesaid John Grendon claiming the said 15. acres of Pasture with the appurtenances by colour of the said Deed of Demise to him thereof
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
c. in Gosfield aforesaid entred and was thereof seised in his Demesn as of Freehold for the Term of his life And the said Thomas Lawrence and Marcy further say That at the time of the death of the aforesaid Thomas Nash sometimes Husband c. the aforesaid Zachary was within the Age of 21. yeers that is to say of three yeers by which the said Marcy whilest she was single as Guardian and for nurture of the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid entred and was thereof possessed the aforesaid Thomas Nash the Son of the Tenements aforesaid with the Appurtenances in Wetherfiald aforesaid being seised and that the said Zachary of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid in form aforesaid being seised And the said Marcy in form aforesaid being possessed Afterwards and before the making of the aforesaid Writing of Release here in Court brought at Gosfield aforesaid It was concluded and agreed between the said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower happening to her after the death of the aforesaid Thomas Nash sometimes the husband c. in all Lands and Tenements of the said Thomas in Wetherfield aforesaid And that the said Thomas Nash the Son should enfeoff John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten and the said Thomas Lawrance and Marcy farther say that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid in the form aforesaid being seised and the aforesaid Marcy of the Tenements with the appurtenances whereof c. in Gosfield aforesaid being possessed the said Marcy afterwards that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th abovesaid whilest she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered And the aforesaid Thomas Nash the Son the 28th day of April in the year of the Reign of the said late Queen the 35 th aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten and this they are ready to aver whereupon they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to be adjudged to the said Thomas Lawrance in manner and form aforesaid and that the matters above in the replication aforesaid are not sufficient in Law them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof c. against the said Edward and Margaret to have and maintain and that they need not nor by the Law of the Land are bound to answer and this they are ready to aver wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part the said Edward and Margaret as at first demand Judgement And that the said Thomas Lawrence and Marcy from the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. against them to have be barred And the said Thomas and Marcy for as much as they sufficient matter in Law the said Thomas and Marcy to have and maintain their Action aforesaid against the said Edward and Margaret above by Replication have alleged which they are ready to aver Which matter the said Edward and Margaret do not deny nor to the same any wayes Answer but the Averment aforesaid altogether Refuse to admit as before demand Judgement and seisin of the third part aforesaid to be adjudged unto them And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear their Judgement thereof because the said Justices here thereof not yet c. Debt Ester Term 26. of Queen Elizabeth Rott 1608. RIchard Mauser late of London yeoman otherwise called Richard Mauser of Gillingham in the County of Kent Yeoman was summoned to Answer to William Painter Esq of a Plea that he render to him 40. pound whicb he oweth him and unjustly deteineth c. And whereupon the said William by Thomas Antrobas his Attorney saith That the said Richard the 6th day of April in the year of the Reign of the Lady the Queen that now is the 12th at London in the Parish of the blessed Mary of Bow in the Ward of Cheap by a certain writing Obligatory granted himself to be bounden to the said William in the said 40. pound to be paid to the said William in the Feast of the Ascension of our Lord then next following Yet the aforesaid Richard although often required the aforesaid 40 pound to the said William hath not yet rendred but the same to him hitherto hath denyed and yet doth deny whereupon he saith he is the worse And hath damage to the value of 10. pound and thereof he bringeth sute And he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie the date of which is the day and year aforesaid c. And the said Richard by John Cook his Attorney cometh and defendeth the force and injury when c. And prayeth the hearing of the writing aforesaid and it is read unto him in these words The Condition of this Obligation is such That whereas the within bounden Richard Mauser and John Mouser his Son by their deed of â—eoffment bearing date the date of this Obligation have given granted and confirmed unto the within named William Paynter and his Heirs all that parcel of Wood-land called South-wood conteining by estimation 10. Acres be it more or lesse lying together in the Parish of Gillingham within said and Bedherst in the County within said to the Lands of one Thomas Remsby towards the East West and North and to the Kings way towards the South as the same do more at large it appear If the said William Paynter and his Heirs shall and may at all times hereafter have hold and injoy all the aforesaid parcell of Wood-land with the appurtenances and charged or saved harmlesse of and from all and every former Bargain Sale Gift Grant Lease Right Copihold Dower Rent Charge and all other things and incumbrances whatsoever had made or suffered to be done by the said Richard Mauser or his Heirs or Assignes and also if
Lamp burning every day and night before Saint Romwald in the Church of the blessed Peter aforesaid as now is found and maintained and that my said Brother during his life hold or cause to be held my Anniversary and of my Father and Mother yearly in the day of the Translation of Saint Benedict in the Church of the blessed Peter aforesaid in which Anniversary the said John my Brother yearly two wax lights at the Dirige and the day following at the Mass one at the head and the other at the feet of my Sepulcher burning every wax light to contein 3 pounds which Funerals of me being completed I will that all that which shall be remaining of the said wax lights be sent and remain to the Altar of Saint James aforesaid upon the Candlestick there being to the Chaplain of my Chancery aforesaid to serve every festival day at Mass as long as it may last and that the aforesaid John my Brother during his life finde yearly one competent torch to serve at the Altar aforesaid And I will that all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances after the decease of the said John my Brother whole remain to Margaret and Isabel my Sisters for the term of their lives and the life of the longer liver of them To be holden of the Chief Lords of the Fee by the Services thereof due and of right accustomed upon condition that the said Margaret and Isabel during their lives do perform and observe all and singular the charges before limited in form aforesaid and after the death of the said Margaret and Isabel I will all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances wholy to remayn wholy to William Fowler To be holden to him and his heirs of his body Lawfully to be begotten of the chief Lords of the Fee by the services thereof due and of right accustomed upon condition that he the said William and his heirs do perform and keep all and singular the charges above written in the form aforesaid for ever And if it shall happen the said William Fowler to dy without heir of his body Lawfully begotten that from thence all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances whole remain to John Somerton my Cousen and the heirs of his body Lawfuly begotten to be holden of the chief Lords of the Fee by the services thereof due and of right accustomed upon condition that he the said John Somerton and his heirs all and singular the charges above written in form aforesaid fulfill and keep for ever and if it shall happen him the said John Somerton to dy without heir of his body issuing That from thence all the aforesaid Tenements Rents and Services with the reversions and all their appurtenances whole remain to William Purfrey my Cousen and the heirs of his body Lawfully begotten to be holden of the Lords of the Fee by the services thereof due and of right accustomed upon condition that the same William Purfrey and his heirs aforesaid do perform and observe all and singular the charges above written in form aforesaid for ever And if it shall happen the said William Purfrey to dy without heir of his body issuing from hence I do give and bequeath that all the aforesaid Rents and Services with the reversions and all their appurtenances whole remain to the Master of the house of Saint Thomas the martyr of Acon London aforesaid to have and to hold to him and his successors Masters of the same house of Saint Thomas to the end and Term of 40 years from thence next following and fully to be ended and after the said Term to be ended that all the Tenements aforesaid Rents and Services with the reversions and all their appurtenances remayn to the Master of the Hospital of Saint Bartholomew in West Smithfield London aforesaid to have and to hold to the same Master and his successors Masters of the said Hospital of Saint Bartholomews to the term and end of 40 years from thence next ensuing and fully to be compleated to every of them upon the condition following that is to say that every of the said Masters and their successors during their Terms do and perform all and singular the charges above limited in form aforesaid And if it shall happen the said John my Brother during his life in fullfilling the charges aforesaid to make default or not to perform the same or all the aforesaid Tenements during his life not sufficiently to repair sustain or the same or any parcel thereof to alien or to let the same at a lower rate in prejudice to the other persons in remainder aforesaid named that then it shall be Lawfull to the said Margaret and Isabel into the aforesaid Tenements Rents and Services with the reversions and all their appurtenances to enter and the same to hold as in their remainder aforesaid without the contradiction of any one And that from thence the estate of the said John my Brother shall altogether cease and be of no value and if it shall happen the said Margaret and Isabel during their lives in doing and performing of all the charges aforesaid to make default or the same not to fulfil or all the Tenements aforesaid during their lives not sufficiently to sustain and repair or them to al en or demise as before is said or be negligent to enter if cause as aforesaid shall happen that then it shall be Lawfull to the aforesaid William Fowler and his heirs aforesaid into all the abovesaid Tenements Rents and Services with the reversions and all their appurtenances to enter as in his remainder aforesaid and the same to hold without any contradiction and that then the estate of the said Margaret and Isabel as aforesaid altogether to cease and be of no value And if the aforesaid William Fowler or his heirs aforesaid in doing and performing to make default or not to fulfil or all the aforesaid Tenements not sufficiently to be sustained or repaired or to be aliend or demised as before is said or be negligent to enter if cause as before is said shall happen that from thence it be well Lawfull to the abovesaid John Somerton and his heirs abovesaid into all and singular the aforesaid Tenements Rents and Services with the reversions and all their appurtenances to enter as in his remainder aforesaid and the same to hold without any contradiction and that from thence the estate of the aforesaid William Fowler and his heirs aforesaid as is aforesaid shall cease and be of no value And if it happen the aforesaid John Somerton or his heirs aforesaid in doing and performing all and singular the charges aforesaid to make default or the same not to fulfill or all the aforesaid Tenements not sufficiently to uphold and repair or to alien or demise the same as above is said or that they be negligent to enter if cause
possession then held made the aforesaid Edward Fowler was seized of and in the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances in his Demesn as of Fee Tail And so thereof being seized the issues and profits thereof all his life took and had and the same to the uses and intents in the Testament of the said John Barton the Elder above expressed applyed and converted And that the aforesaid Edward so thereof being seised afterwards that is to say the 28 th day of May in the yeer of the Reign of the late King Henry the 8th the 32. at Buckingham aforesaid of such his estate dyed thereof seized After the death of which Edward Fowler The said Messuage and 6. Acres of Pasture parcel c. descended to the said Gabriel Fowler as Son and Heir of the body of the said Edward Fowler lawfully begotten By virtue of which the aforesaid Gabriel into the aforesaid Messuage and 6. Acres of pasture parcell c. with the appurtenances entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs of his body lawfully begotten the reversion in Fee simple thereof to the right Heirs of the said John Barton the Testator expectant unto the uses in the said last Will of the said John Barton the Testator expressed to be performed and the aforesaid Gabriel Fowler the issues and profits thereof to the uses and intents in the said Testament of the aforesaid John Barton the Testator to be performed limitted received disposed and converted from the time of the death of the said Edward Fowler within 5. years next before the first year of the Reign of King Edward the 6 th that is to say untill the 4 th day of May in the year of the Reign of the late King Henry the 8 th the 37 th By colour of which aforesaid premises and by force of a certain Act of Parliament of the said King Edward late King of England the 6 th at Westminster in the County of Middlesex the 4th day of November in the year of his Reign the first begun and from thence continued untill the 24 th day of the same November then next following then and there holden concerning Colleges Free Chapels Chauntries Fraternities Guilds and other spiritual promotions made and provided The aforesaid late King Edward the 6th immediatly after the Feast of Easter next following after the making of the said Act of Parliament was seised of and in the aforesaid Messuage and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other things in the said Testament as is aforesaid given and appointed in his demesn as of Fee in the Right of his Crown of England if the Law so in this case requireth and that afterwards the said late King dyed of the said Messuage and 6. Acres of pasture so seised if the Law of England so requireth without Heir of his body begotten after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th If the Law of England in this case requireth By which the said late Queen Mary was seised of the Messuage aforesaid and of the aforesaid 6. Acres of pasture parcel c. amongst other in her demesn as of Fee in the right of her Crown of England if the Law this requireth and he said late Queen Mary afterwards and before the aforesaid time in which c. dyed so hereof seised if the Law of England in this case requireth without heir of her body issuing after whose death the Messuage aforesaid and the aforesaid 6. Acres of pasture parcel c. with the appurtenances amongst other descended to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary if the Law of England in this case requireth By which the said Lady the Queen that now is was of the aforesaid Messuage and 6. Acres of pasture parcel c. with the appurtenances amongst other seised in her demesn as of Fee in the right of her Crown of England if the Law of England so thereof requireth And the Jurors aforesaid further say upon their Oaths aforesaid That after the aforesaid Act of Parliament aforesaid in the year of the Reign of the late King Edward the 6th the first made The aforesaid Gabriel Fowler occupied the aforesaid Messuage and 6. Acres of pasture with the appurtenances parcel c. continâ—ed and was thereof seised in his demesn as of Feetail if the Law of England in this case requireth it having issue of his body lawfully begotten one Richard Fowler and so thereof seised continued the occupation aforesaid if the Law of England requireth it and afterwards and before the time in which c. that is to say the first day of May in the year of the Reign of the said Lady the Queen that now is the 18 th at Buck. aforesaid of such his estate dyed thereof seised if the Law of England requireth By colour of which the Messuage aforesaid and 6. Acres of pasture aforesaid with the appurtenances parcel c. descended if the Law requireth to the aforesaid Richard Fowler as Son and Heir of the said Gabriel By colour of which the said Richard Fowler afterwards and before the time in which c. into the Messuage and 6. Acres of Lands aforesaid with the appurtenances parcel c. entred and was thereof seised in his demesn as of Feetail that is to say to him and the Heirs of his body lawfully begotten if the Law of England this requireth and the said Richard Fowler of the Messuage and 6. Acres of pasture aforesaid with the appurtenances parcel c. so being seised if the Law of England this requireth The said Richard after and before the time in which c. that is to say the 10th day of March in the year of the Reign of the said Lady the Queen that now is the 33th at Buckingham aforesaid By his writing bearing date the same day and year with the Seal of the said Richard sealed and to the Jurors aforesaid in Evidence shewed for a certain sum of money in the said writing specified if the Law of England this requireth enfeoffed Francis Dayrell and Edward Dayrell Gen. of the Messuage and 6. Acres aforesaid with the appurtenances parcel c. amongst other To have to the said Francis and Edward their Heirs and Assigns for ever By virtue of which the said Francis and Edward in the Messuage and 6. Acres of pasture aforesaid parcel c. entred and were thereof seised in their demesn as of Fee if the Law of Engl. this requireth so being thereof seised if the Law of Engl. this requireth The said Francis and Ed. afterwards before the aforesaid time in which c. that is to say
with the Pannel of the names of the Jurors which are in the file of Writs executed for the Queen of the 34th Yeer of the Reign of the said Lady the Queen that now is with the Remembrancer of London And the Jurors did not appear Therefore it was coÌ„manded the Sherifs that they distrein the Jurors by their Lands c. So that c. in 8. Dayes of Holy Trinity or in the mean time before the Beloved and Faithful to the Lady the Queen Roger Manwood Knight Chief Baron of this Exchequer at Guiâ—d-hall of the City of London aforesaid upon Fryday the 26th day of May in the Yeer of the said Lady the Queen that now is the 34th in the Afternoon of the same Day if he shall first come thither And it is said to the aforesaid Iohn Porter and Henry Cockain that they keep their Day before the aforesaid Chief Baron at the said Day and Place and that they be here at the said 8. dayes of Holy Trinity to hear their Judgement If c. At which day the said John Porter and Henry Cockin come here as before And the aforesaid Chief Baron before whom delivered here the Tenor of the Record aforesaid in form aforesaid directed which is amongst the Inquisitions and Extents of this Yeer of the 34th of the Reign of the Queen that now is with this Remembrancer indorsed thus ss Afterwards that is to say the Day and Place within contained before Roger Manwood Knight Chief Baron of the Exchequer of the said Lady the Queen came aswell the within named John â—opham who prosecutes for the said Lady the Queen as the said within written John Porter and Henry Cockain in their proper persons and the Jurors of the Jury whereof within mention is made being called some of them appeared and some of them not as it appeareth in the Pannel c. And some of them now appearing that is to say Roger Tasker Humphry Street George Gunbey Thomas Cox Thomas Langhorn John Eaton William Fruit and John Math upon the Jury aforesaid are sworn and because the rest of the Jurors of the Jury did not appear therefore others of the standers by by the Sherifs of the County aforesaid to be chosen at the Request of the said John Popham and by the command of the aforesaid Chief Baron were new put whose names to the Pannel within written are filed according to the form of the Statute in such case late made and provided And the Jurors so anew put that is to say Thomas Wiggs Henry Ayleward Ralph Baily and Cutbert Booth being called likewise came Who to the truth of the matter within contained together with the other Jurors aforesaid first impannelled and sworn say upon their Oath That long before the aforesaid time of Intrusion aforesaid above supposed to be done One Nicholas Gibson was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified in his Demesn as of Fee and the Wharf and Tenements aforesaid held of the Lady the Queen in Socage that is to say of the free Borough of the City of London by fealty onely And so being thereof seized the said Nicholas afterwards and before the time of the Intrusion aforesaid c. that is to say the 23d day of September in the yeer of the Reign of the Lord Henry late King of England the 8th the 32th at London in the Parish of St. Dunstans in the East made his Testament and last Will in Writing and constituted one Avice then his Wife Executrix of his said Will and by the said his Will bequeathed and devised amongst other things the Whars and Tenements aforesaid with the appurtenances to the aforesaid Avice and her Heirs in these English Words and in form following That is to say In the name of God Amen I Nicholas Gibson Citizen and Grocer of London whole of Mind and of perfect Memory albeit sick of Body make this my present and last Will and Testament aswel concerning the Order and Disposion of my Goods Chattels and other things moveable as of my Lands and Tenemetns Rents Reversions and Services and Hereditaments whatsoever First I give and bequeath my Soul unto Almighty God my Maker Redeemer and Saviour and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson my sole Executrix under written whom I put in special trust that she shall see these things hereafter declared to be well and truly executed don and declared and performed as hereafter shall be recited Unto whom also I give and bequeath All my Goods Chattels Debts and other things as well moveable as unmoveable real and personal Lands and Tenements Rents Reversions Services and all my other Profits and Commodities and other Hereditaments whatsoever with all and singular the appurtenances To have and to hold possesse and injoy All and singular my said Lands and Tenements Rents Reversions and Services with the appurtenances Goods Chattels and other things and all and singular other the premises with the appurtenances unto the said Avice Gibson her Heirs Executors Administrators and Assignes for ever upon condition following That is to say Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases Mansions and places convenient for a Free-school the Master of the same and certain Beadmen and Beadwomen and that the same cannot be established to continue without great charges to be imployed and bestowed upon the same and also Lands and Tenements and other Hereditaments to be assured for the continuance of the same I Will and Declare by this my last Will and Testament That the said Gift Legacy and bequest of my Lands and Tenements Goods Chattels and other things aforesaid shall inure and take effect by reason hereof unto my said Wife upon condition following That is to say That my said Wife by the Advice of Learned Counsel in all convenient speed after my decease shall assure give and grant all my said Lands and Tenements and other Hereditaments whatsoever for the maintainanee of the said Free-school Almesmen and Almeswomen for ever if it shall please God that my said Wife Avice Gibson shall have all the Issues Revenewes and Profits yeerly comming arising and growing of the premises during her life bearing the charges for the keeping of the said School Beadmen and Beadwomen and other charges for the maintainance of the premises in manner and form as I the said Nicholas have kept and maintained the same and as the same is now kept and maintained without any diminution in any wise Which Avice Gibson I make my sole Executrix of this my present Testament and last Will. These being Witnesses Thomas Rushton Sergeant at the Law William Gunston Esquire Thomas Wood Cooper Thomas Reinolds Clothworker and Iohn Mucklow Scrivener In witnesse whereof I have hereto put my Seal Given the 23th Day of September in the yeer of our Lord God 1540.
use thereof in the abovesaid Fine in form abovesaid to be levyed and acknowleged before by this Indenture not limited or appointed the Rent of 10 quarters of Barley only except to be to the only use and behoof of the said Christopher Digges his Heirs and Assignes for ever and to no other use or uses purpose or intent and that the said Fine or use and execution thereof as to the abovesaid 10 Quarters of Bâ—rley to be to the only use and behoof of the abovesaid Richard Gaunt and his Heirs for ever In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeably have set dated the day and yeer first above wriâ—ten And the aforesaid Christopher Digges the Father so as afore is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the Monstrans de droiâ— within written specified as the Law requireth being seised Afterwards and before the bringing of the Monstrans de droit within written that is to say from the day of Saint Martin within writen in 15 dayes in the yeer of the Reign of the said Lady the Queen that now is the 14th abovesaid A Fine was levyed in the Court of the said Lady the Queen that now is at Westminster in the County of Middleâ—ex before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards in 8 dayes of Saint Hillary in the yeer of the same Lady the Queen that now is the 14th abovesaid there then granted and recorded before the said Justices and oâ—hers of the Queens faithfull people then and there present between the aforesaid Richard Gaunt Gentleman and Lawrence Applegate plaintiâ—s and the aforesaid Christopher Digges and Martha his Wife deforceants of the Manors Lands Tenements and Hereditaments in the Monstrans de droit within written with the appurtenances amongst other by the names of the Manors of Owtelmestone Mayton Nackington and Yokes Court with the appurtenances and 40 Messuages 20 Tofts one Mil 3 Dovehouses 20 Gardens 12 Orchards 1000 Acres of Land 100 Acres of Meadow 700 Acres of Pasture 600 Acres of Wood 100 Acres of Furze and Heath and 100 shillings of Rent and the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborn Bridge Patricksborne Littleborne Wellborne Sturrey Saint Stephens Nackington Netherherds Lenham Harisham Frinsted Sutton Ripple and Shalden whereupon a plea of Covenant then was summoned between them in the said Court That the aforesaid Christopher Digges and Martha do acknowlege the aforesaid Manors and Rents with the appurtenances to be the Right of the said Richard and those which the said Richard and Lawrence then had of the gift of the aforesaid Christopher and Martha and these then remised and quit claimed from them the said Christopher and Martha their Heirs to the aforesaid Richard and Lawrence and the Heirs of the the said Richard for ever and moreover the said Christopher and Martha then had granted for them Heirs the of the said Christopher that they warrant to the aforesaid Richard and Lawrence and the Heirs of the said Richard the aforesaid Manors Tenements and Rents with the appurtenances against all men for ever and for this Recognition Release Quit claim warranty Fine and Concord the said Richard and Lawrence gave to the aforesaid Christopher and Martha 8 pound Sterling which Fine was levied with proclamations according to the form of the Statute in such case made and provided And further the Jurors say upon their oath aforesaid that the aforesaid Fine in form aforesaid levyed was had and levyed to the uses and intents in the Indenture aforesaid bearing date the 26th day of October in yeer of the Reign of the said Lady the Queen that now is the 14th as abovesaid above specified By colour of which Fine Indenture and Statute aforesaid the aforesaid Christopher Digges the Father was seised of the Manors Tenements and Hereditaments aforesaid with the appurtenances as the Law requireth And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid Christopher Digges the Father so as before is said of the Manors and Tenements above written as the Law requireth being seised the said Christopher Digges the Father and the aforesaid John Brook Richard Brook and Richard Horewood afterwards that is to say the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 14th came into the Court of the said Lady the Queen of her Chancery and then and there acknowleged the Indenture aforesaid bearing date the 20th day of September in the 13th yeer aforesaid to be their deed and upon that the said Indenture afterwards that is to say the 7th day of November in the 14 yeer aforesaid in the said Court of Chancery in due Maner of Record was Inrolled By virtue of which and force of the Statute aforesaid the said Christopher Digges the Father was of the Manors Lands and Tenements within written seised as the same Law requireth and so thereof being seised the said Christo Digges the Father afterwards and before the day of the bringing of the shewing of right within written that is to say the first day of February in the yeer of our Lord 1576 and in the yeer of the Reign of the said Lady the Queen that now is the 19th made his Testament and last Will in writing of which said Testament and last Will the Tenor amongst other followeth in these Words In the Name of God Amen The first day of February in the yeer of our Lord God 1576 and in the 19th yeer of the Reign of our Sovereign Lady Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. I Christopher Digges of Saint Gregories without the Walls of the City of Canterbury Esquire Son and Heir of William Digges late of Barham in the County of Kent deceased being sick in body but of good and perfect remembrance thanked be the Almighty God Revoking and making void all other my former wills ordayn and make this my present Testament and last Will in manner and form following That is to say this is the last Will of me the abovesaid Christopher Digges made the day and yeer abovesaid touching the disposition of all my Lands Tenements and Hereditaments in the County of Kent and Canterbury or elsewhere in the Realm of England First touching the thirds and third part of my Land to be due unto the Queens Majesty or any other for Wardship Primer seisin Livery or otherwise my Will and meaning is to leave to descend to Thomas Digges my Son to have and to hold to him and his Heirs for ever All these my Lands and Tenements called or known by the name of Eastendown containing by estimation 10 Acres of Land and all these Lands Tenements Hereditaments which I had by descent after the death of Thomas Digges of Newington next Sittingborn Esquire deceased and if the
Messuage or Tenement and other the premises late purchased and bought of the said John Palmer as is aforesaid to the said Robert Archer my Son from and after the day of my death forthwards during his natural life and after the death of Robert Archer my Son I will my said Messuage or Tenement called the Grey-hound together with all the Lands and Grounds which I lately purchased of the said John Palmer shall wholly remain to the Right and next Heir of the same Robert Archer and to the Heirs of his Body lawfully begotten for ever And afterwards the aforesaid Francis Archer dyed of the aforesaid 4. acres of Pasture with the appurtenances amongst other in form aforesaid seized And the said jurors further say upon their Oath That the aforesaid Francis Archer purchased the aforesaid 4. acres of Pasture with their appurtenances of the aforesaid John Palmer in the aforesaid last Will of the aforesaid Francis named And the jurors further say upon their Oath That after the death of the said Francis Archer the aforesaid Robert Archer being Son and Heir apparent of the aforesaid Francis into the aforesaid 4. acres of Pasture with their appurtenances entred and was thereof seized of such estate as the Law in this case requireth And the said Robert so thereof being seized before the aforesaid time in which c. that is to say the 21th day of January in the yeer of the Reign of the said Lady the Queen that now is the 26th by his deed of Feoffment with the Seal of the said Robert sealed and to the jurors aforesaid in Evidence shewed Enfeoffed one John Kent Father of the said John Kent in the Conusance aforesaid above named of the aforesaid 4. acres of Pasture with their appurtenances in which c. amongst other By the name of all that his Messuage or Tenement and all Houses Buildings Barns Orchards Gardens with the appurtenances sometimes called or known by the name of the Grey-hound or otherwise or by what other name or names the same were called or known situate lying and being in Bocking aforesaid in a street there called Bocking haud and of all those Lands Meadowes and Pastures to the same belonging or appertaining or with the same at any time then before demised used or occupyed lying and being at Bocking aforesaid To have and to hold to the aforesaid Iohn Kent the Father his Heirs and Assignes for ever to the proper use and behoof of the said John his Heirs and Assignes for ever And further the said Robert Archer and his Heirs by the deed aforesaid all and singular the aforesaid Messuages or Tenements Houses Buildings Meadowes Pastures and other the premises aforesaid with the appurtenances to the aforesaid John Kent the Father his Heirs and Assignes to the use in the said deed mentioned against all men did warrant as by the said Charter of Feoffment to the Jurors aforesaid given in Evidence it more fully appeareth By virtue of which Feoffment the aforesaid John Kent the Father was seized of the aforesaid 4. Acres of Pasture with their appurtenances in which c. in his demesn as of Fee And further the Jurors afore say upon their Oath That after the Feoffment aforesaid in form aforesaid made The aforesaid John Archer Son and right and next Heir apparent of the aforesaid Robert Archer in the lives of the aforesaid Robert Archer and John Kent the Father into the aforesaid 4. Acres of Pasture with the appurtenances in which c. Upon the possession of the aforesaid John Kent the Father thereof entred upon whose possession of the said John Archer thereof the said John Kent the Father afterwards re-entred and was of the aforesaid 4. Acres of Pasture with their appurtenances in which c. seized as the Law in this case requireth and the said John Kent the Father so thereof being seized before the aforesaid time in which that is to say the 16th day of May in the yeer of the Reign of the Lady the Queen that now is the 27th made his Testament and last Will in Writing and by the same his last Will gave and bequeathed to the aforesaid John his second Son and his Heirs the aforesaid 4. Acres of Pasture with the appurtenances in which c. amongst other and afterwards and before the time in which c. the aforesaid John Kent the Father of such estate of the aforesaid 4. Acres of Pasture with the appurtenances in which c. dyed seized After whose death The aforesaid John Kent the Son into the aforesaid 4. Acres of Pasture with their Appurtenances entred and was thereof seized of such estate as the Law in this case requireth And afterwards and before the aforesaid time in which c. The aforesaid Robert Archer dyed After whose death The aforesaid John Archer Son and right and next Heir of the aforesaid Robert Archer into the aforesaid 4. Acres of Pasture with the appurtenances in which c. upon the possession of the said John Kent the Son thereof entred and was thereof seized as the Law in this case requireth And the said John Archer so thereof being seized the aforesaid 8th day of November in the 36th yeer aforesaid gave licence to the said William Baldwin to put his Cattel aforesaid into the aforesaid place in which c. the grass in the same then growing to eat By virtue of which licence the said William afterwards that is to say the aforesaid 9th day of January in 36th yeer abovesaid put his Cattel aforesaid into the aforesaid place in which c. to eat the grass then and there growing which Cattel were in the same place in which c. the grass in the same then eating until the aforesaid John Smith as Bayliff of the aforesaid John Kent the Son the aforesaid 9th day of January in the 36th yeer abovesaid in the aforesaid place called the Meadow to the use of the said John the Son entred and took the aforesaid Cattel of the aforesaid William and them detained against Gages and Pledges Until c. as the aforesaid William Baldwin above against the aforesaid John Smith complaineth And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with their appurtenances in which c. the aforesaid time in which c. were not the Soil Freehold of the aforesaid John Kent the Son Then the said Jurors say upon their Oath That the aforesaid 4. Acres of Pasture with the appurtenances in which c. the aforesaid time in which c. were not the Soyl and Freehold of the aforesaid John Kent the Son as the aforesaid William Baldwin above hath alleged And then they assess the damages of the said William Baldwin by occasion of the taking and unjust detaining of the aforesaid Cattel above his costs and charges by him about his sute in this behalf expended to 14. pence
30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and of the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House by the name of the Mannor of Collumbine-hall otherwise Thorney Collumbers with the Appurtenances and 20. Messuages one Dove-house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One House whereof a Plea of Covenant was sued between them in the said Court That is to say That the aforesaid William acknowledge the aforesaid Manor Tenements Rents and premises with the Appurtenances to be the Right of the said David as those which the said David and Robert had of the gift of the aforesaid VVilliam and those released and quit claimed from him and his Heirs to the said David and his Heirs for ever And besides the said VVilliam granted for him and his Heirs That they warrant to the said David and Robert and to the Heirs of the said Dazid the aforesaid Manor Tenements Rents with the Appurtenances against the aforesaid VVilliam and his Heirs for ever as by the Record of the same Fine in the Court of the said Lady the Queen of the Bench here remaing more fully appeareth Which Fine in form aforesaid levied and had was levied and had to the use of the aforesaid David and Robert and their Heirs to the intent and until a perfect Recovery by Writ of the Lady the Queen of Entry for Deseisin of the Post of the Manor and Tenements aforesaid with the Appurtenances were sued against the said David and Robert by one Robert Peirson Gentleman according to the course of Common Recoveries used to be had And the aforesaid Iohn Gardiner and Agnes his Wife of the Manor aforesaid with the Appurtenances whereof for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs in form aforesaid expectant The said Fine in the Conusance of the said William Bredon and John Bredon above second mentioned in form aforesaid was levied in the aforesaid Court of the Lady the Queen here from the day of Easter in 15. day in the yeer 32th abovesaid before the aforesaid then Justices of the said Lady the Queen of the Bench Between the aforesaid John Hâ—gham Knight and Thomas Turner Esquire Plaintiffs and the aforesaid â—illiam Cary and the aforesaid Martha then his Wife Deforceant of the Manor aforesaid with the Appurtenance whereof c. And the aforesaid John Higham and Thomas by the same Fine granted unto the said Martha the aforesaid Annuitity or yeerly Rent of 40. p. to be issuing out of the Manor aforesaid with the Appurtenances and those to her in form aforesaid rendred To have and perceive the aforesaid Annuity or yeerly Rent of 40. pound at the aforesaid Feasts of Saint Michael the Archangel and the Annuntiation of the blessed Mary the Virgin by equal portions yeerly to be paid all the life time of the said Martha if the aforesaid John and Agnes or any of them should so long live the first paymeÌ„t therof â—o begin at thaâ— Feast of the Feasts aforesaid which next after the decase of the said VVilliam Cary should happen to be with the aforesaid clause of distresse in the said Fine mentioned As the aforesaid William Bâ—edon and John Bredon by their Conusance aforesaid above suppose By virtue of the levying of which Fine last mentioned so had and levied The aforesaid John Gardiner and Agnes Forfeited their Estate aforesaid for the Term of their lives the life of the longer liver of them in the aforesaid Manor with the Appurtenances whereof c. And afterwards that is to say the aforesaid 24th day of March in in the 35th yeer abovesaid the aforesaid William Cary at Stow-market aforesaid dyed without issue of his Body lawfully begotten After whose death and before the Feast of Saint Michael the Archangel in the yeer of 35th abovesaid The aforesaid Robert Cary Knight by reason of the aforesaid Forfeiture of the Estates of the aforesaid John Gardiner and Agnes and and in the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in Feetail that is to say to him the Heirs of his Body lawfully begotten And so thereof being seized The said Robert afterwards and before the aforesaid time of the taking aforesaid made that is to say the 17th day of March in the yeer of the Reign of the Lady the Queen that now is the 37th abovesaid At Stowmarket aforesaid gave licence to the said Agnes to put her Cattel into the aforesaid place in which c. to eat the grasse in the same then growing By virtue of which licence the said Agnes after and before the aforesaid time in which c. put her Cattel aforesaid into the aforesaid place in which c. to eat the grasse in the same Which Cattel were in the aforesaid place in which c. Until the aforesaid VVilliam Bredon and John Bredon the day and yeer above in the Declaration aforesaid above specified At Stow market aforesaid in the aforesaid place in which called the â—arkwood took the aforesaid Cattel of the said Agnes and them unjustly detained against Gages Pledges until c. as she above against them complaineth And this she is ready to aver wherofore in as much as the said William Bredon and John Bredon the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said Agnes demands Judgement and her damages for the occasion of taking and unjustly deteining of her Cattel aforesaid to be adjudged unto her And the aforesaid VVilliam Bredon and John Bredon as to the aforesaid Plea of the Agnes to the Conusance of the said William and John for the aforesaid 20. pound Residue made in Bar pleaded say That well and true it is that the aforesaid Fine in the Bar of the aforesaid Agnes second specified in the aforesaid Court of the Lady the Queen of the Bench aforesaid here in the aforesaid 15. day of Paster in the yeer of the Reign of the Lady the Queen that now is the 3â—th abovesaid before the said Edmond Anderson Francis VVindham and VVilliam Periam then Justices of the said Lady the Queen of the Bench aforesaid here and other of the said Lady the Queens then Faithful People then here present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid VVilliam Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid Tenements and Rents with the Appurtenances in the said Fine in the Bar of the aforesaid Agnes second specified and mentioned in form aforesaid was
levied as the aforesaid above hath alleged But the said VVilliam Bredon and John Bredon further say That the aforesaid Fâ—ne in the Bar of the aforesaid Agnes second specified in form aforesaid levied was had and levied To the use of the said David Bulward and Robert Ham and their Heirs to the intent and until a Recovery by the Writ of the Lady the Queen of Entire Sur-disseisin in the Post of the Manor with the appurtenances whereof c. And of the Tenements and Rents aforesaid with the Appurtenances against the said David and Robert should be had and afterwards unto the use of Iohn Gardiner and the aforesaid Agnes for the Term of their lives and the longer liver of them And after their decease to the use and behooâ— of the aforesaid VVilliam Cary and the Heirs of his Body lawfully begotten By which Afterwards that is to say the â—th day of April in the yeer of the Reign of the said Lady the Queen that now is the 31th the aforesaid Roger Pierson in the Court of the Chancery of the said Lady the Queen that now is the said Court at VVestminster in the County of Middlesex then being brought and prosecuted a Writ of the said Lady the Queen that now is of Entry upon disseisin in the Post against the aforesaid David and Ro. Ham of the Manor Tenements and Rents aforesaid with the Appurtenances to the Sheriff of the aforesaid County of Suffolk directed the said David and Robert then being Tenants of the Freehold of the Manor Tenements and Rents aforesaid with the Appurtenances by virtue of the Fine in the Bar of the aforesaid Agnes second specified By which Writ the said Lady the Queen that now is sent to the said Sheriff That the said Sheriff command the aforesaid David and Robert Ham by the names of David Bulward and Robert Ham that they justly and without delay render to the aforesaid Roger Peirson by the name of Roger Pierson The Manor Tenements and Rents aforesaid with the Appurtenances by the names of the Manors of Cullumbine-hall otherwise Thorney Cullumbers with the Appurtenances and 20. Messuages one Dove-house 20. Gardens 300. Acres of â—and 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood and 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and one pound of Wax with the Appurtenances in Stow maket Newton Gipping and One-House which he claimeth to be his Right and Inheritance And in which the said David and Robert had not Entry but after disseisin which Hugh Hunt thereof unjustly and without Iudgement did to the aforesaid Roger within 30. yeers then last past as he said And whereupon he complained that the aforesaid David and Robert him unjustly deforced and if they did not c. And if the aforesaid Roger should secure the said Sheriff of the prosecuting of his claim Then the said Sheriff summon by good summoners the aforesaid David and Robert that they should be before the Justices of the said Lady the Queen here that is to say at VVestm from the day Easter in one Moneth next following to shew wherefore they had not done it And that the said Sheriff should then have here the summons and that Writ c At which Moneth of Easter here that is to say at VVestminster aforesaid cometh as well the said Roger as the said David and Robert in their proper persons And then the Sheriff of the aforesaid County of Suffolk that is to say Philip Tâ—lney â—squire then retorned here the Writ aforesaid in him in form directed served and executed in form following That is to say That the aforesaid Roger had found to the said Sheriff sureties for the prosecuting of his said Writ that is to say Iohn Doo and Richard Roo c. And that the aforesaid David and Robert were summoned to be then here by Iohn Den and Rich. Fen c. Upon which the aforesaid Roger declaring against the aforesaid David and Robert then Tenants of the Freehold of the Manor Tenements and Rents aforesaid with the Appurtenances in form aforesaid upon his Writ aforesaid in his proper person aforesaid demanded against the said David and Robert of the Manor Tenements and Rents aforesaid with the Appurtenances as his Right and Inheritance And in which the said David and Robert had not Entry but after disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Roger within 30. yeers now last past c. And whereupon he said That he himself was seized of the Manor Tenements and Rents aforesaid with the Appurtenances in his demesn as of Fee in time of Peace in the time of the Lady the Queen that now is taking thereof the Profits to the value c. And in which c. And thereof then brought Sute c. And the aforesaid David and Robert Ham then defended their Right when c. And vouched thereof to warranty the said VVilliam Cary by the name of VVilliam Cary Esquire who then likewise was present in the same Court in his proper person And willingly the Manor Tenements and Rents aforesaid with the Appurtenances to him did warrant c. And upon this the aforesaid Roger demanded against him the said VVilliam Cary Tenant by his warranty The Manor Tenements and Rents aforesaid with the Appurtenances in form aforesaid c. And whereupon he then said That he himself was seized of the Manor Tenements and Rents aforesaid with the Appurtenances in his demesn as of Fee in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid VVilliam Cary Tenant by his warranty aforesaid came and defended his Right when c. And further thereof vouched to warranty David Howel who then likewise was present in the same Court in his proper person and freely the Manor Tenements and Rents aforesaid with the appurtenances to him did warrant c. And upon this The aforesaid Roger demanded against the said David Howell Tenant by his warranty the Manor Tenements and Rents aforesaid with the appurtenances in form aforesaid c. And whereupon then he said That he himself was seised of the Manor Tenements and Rents aforesaid with the appurtenances in his demesn as of Fee and right in time of peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof his brought sute c. And the aforesaid David Howell Tenant by his warranty defended his Right when c. And then said That the aforesaid Hugh had not disseised the aforesaid Roger of the Manor Tenements and Rents aforesaid with the appurtenance as the said Roger by his Writ and Declaration above supposed and of this put himself upon the Country c. And the aforesaid Roger then prayeth license thereof to imparl and had it c. And afterwards the aforesaid Roger comes again here into
King Henry the 8th afterwards at Westminster aforesaid died the said Edward late Prince being the Son and Heir of the aforesaid late King Henry the 8th And the said Edward late Prince to the said King Henry the 8th in the aforesaid Kingdom of England by right of Inheritance succeeded and King of the aforesaid Kingdom of England by the name of Edward the 6th King of England came to be And afterwards the said Edward the 6. late King of England at Westminster aforesaid dyed without Heir of his body begotten the Lady Mary late Queen of England being his Sister and heir of the said late King Edward the sixt and the aforesaid Lady Mary to the said late King Edward the sixt in the aforesaid Kingdom of England by right of Inheritance succeeded and became Queen of the aforesaid kingdom of England and afterwards the said Queen Mary at Westminster aforesaid died without heir of her body begotten the Lady Elizabeth late Queen of England being Sister and Heir of the aforesaid late Queen Mary the aforresaid Lady Elizabeth to the said late Queen Mary in the aforesaid kingdom of England by right of Inheritance Succeeded and became Queen of the kingdom of England And afterwards the said Queen Elizabeth at Westminster aforesaid dyed without Heir of her Body begotten We then and yet being Cosin and Heir to the said late Queen Elizabeth and we succeeded the late Queen Elizabeth in right of Inheritance in the same Kingdom of England and became and now are King of England and now the most Excellent Prince Henry our Eldest Sonn now Duke of Cornwell hath requested us that whereas the aforesaid Lady Elizabeth late Queen of England by her letters Patents Sealed with the great Seal of England bearing date at Westminster the second day of May in the yeer of her Reign the 37th granted at Gellio Merick then Esquire now Knight now deceased and Henry Lindley then Esquire now Knight the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances to have and to hold to them the said Gellio Merick and Henry Lindley and their Heirs for ever as in the Letters Patents thereof more fully it is conteyned And whereas the aforesaid Manors of VVest Taunton Trelowia and Landalph to the aforesaid Dutchy as is said annexed and united to the same now Duke by Colour of the gift grant and union aforesaid by the authority of Parliament aforesaid belonged and yet ought to belong and were member and parcel of the same Dutchy and yet are as the said pious Prince and Duke by waies and means convenient is ready to shew That we would the said Letters Patents aforesaid of the aforesaid Manors of West Taunton Trelowia and Landalph as before is said made revoke and annull and the said Manors with their appurtenances seize into our hands that we cause the said Manors to the said now Duke as members and parcel of the Dutchy aforesaid to have and to hold according to the form and effect of the guift grant and union aforesaid to be delivered We willing to do in this behalf what is Just Command you that by good and Lawfull men of your Bayliwick you give warning to the aforesaid Henry Lindley Knight and John Hele Knight Serjeant at Law Tenants of the said Manors of West Taunton Trelowia and Landalph and also to whosoever other or others are Tenants of the said Mamors of West Taunton Trelowia and Landalph or any of them that they be before us in our Chancery in 8. dayes of Saint Hillary next coming whensoever it shall be to shew what for us and themselves they have or can say Wherefore the Letters Pattents aforesaid of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances as before is said made ought not to be revoked and annulled and the said Manors with the appurtenances into our hands be seised as before is said to the now Duke as members and parcel of the Dutchy aforesaid according to the form and effect of the gift grant and union aforesaid to have and to hold to be delivered and to do and receive what our said Court then and there shall further grant in this behalf Witness my self at Westminster the 18th day of November in the yeer of our Reign of England France and Ireland the third and of Scotland the 39th and now at this day that is to say the aforesaid 8 dayes of Saint Hillary before the said Lord the King that now is in his said Court of Chancery here cometh Edward Coke Knight Attorny General of the said Lord the King that now is who prosecuteth in his behalf for the said Lord the King in his proper person And Francis Godolphin Knight being Sheriff of the County of Cornwell now sendth here the Writ aforesaid served executed in form following the 21. day of Dec. in the 3d. yeer aboves by virtue of the writ afores to him directed that he gave warning by Joh. Edgecombe Wal. Blant good Lawfull men of his Bayliwick to the afores Hen. Lindley Kt. and also the same day and yeer by the said good and Lawfull men he gave warning to the aforesaid John Hele Knight and to one Warwick Hele Knight Tenants of the aforesaid Manors of West Taunton Trelowia and Landalph above mentioned to be before the said Lord the King that now is here at this day to shew do and receive what that Writ in it requireth and demands And the aforesaid Henry Lindley Knight John Hele Knight and Warwick He le Knight the 4th day of pleas being called by Richard Wilkinson their Attorny come and pray Licence to Imparl and it is graunted to them c. and upon this day is given to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King in the said Court here that is to say at Westminster aforesaid until in 8. dayes of the Purification of the blessed Mary then next c. wheresoever c that is to say to the aforesaid Henry John and Warwick to imparl and then to answer c. The same day is given to the aforesaid Edward Coke Knight the Atorney General of the Lord the King that now is who c. then to be here c. At which 8. days from the Purification of the blessed Lady Mary before the said Lord the King in the said Court here that is to say at VVestminster aâ—oresaid come as well the aforesaid Edward Coke Knight who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorney aforesaid and upon this the said Henry John and Warwick by their Attorney aforesaid pray farther License thereof to imparl before the said Lord the King that now is in the said Court here that is to say at VVestminster aforesaid until in 15. days of Easter then next following c. wheresoever c. and then to answer c. and have it c. and the same
And the Jurors of the Jury whereof within mention is made being called some of them that is to say John Forse of Crediton Gentleman John Saltern of Huslow Nicholas Poynes of Thornbury and Robert Gunter of Lapford câ—me and were sworn in the Jury aforesaid And because the Residue of the Jurors of that Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid thereto chosen at the request of the aforesaid VVilliam Dillon and by the command of the Justices aforesaid were new put to whose names to the Pannel within written are filed according to the form of the Statute in that case late made and provided And the Jurors so of new put to that is to say Anthony Moring Robert Luxton Robert Letheren Edward VVebber Thomas Parmiter Ralph Mare VVilliam Stowell and Vincent Spark likewise being called come who to say the truth within contained with the other Jurors within first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written was done that is to say the 26th day of April in the yeers of the Reigns of the Lord Philip and the Lady Mary late King and Queen of England the 3d. and the fourth and before One Richard Chudleigh Knight was seized of the Mannor of Hescot with the Appurtenances in the County aforesaid whereof the Close within written with the appurtenances in which it is supposed the Trespass within written to be done is and within the time in which c. as also time whereof the memory of men is not to the contrary were parcel in his Demesn as of Fee and that the aforesaid Richard Chudleigh before the aforesaid 26. day of April in the years of the Reigns of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid had issue of his body lawfully begotten Christopher Chudleigh his eldest Son Thomas Chudleigh his second Son Oliver Chudleigh his third Son and Nicholas Chudleigh his fourth Son And the said Richard of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid seized the said Richard Chudleigh before the within written time in which c. that is to say the aforesaid 26th day of April in the years of the Reign of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid by his Indenture Quadripartite sealed with the Seal of the said Richard Chudleigh and to the Jurors shewed in evidence whose date is the same day and year of the Mannor aforesaid with the Appurtenances thereof amongst other things enâ—eoffed John Sentleger Knight Giles Strangeways Knight John VVadham Esquire John Gilbert Esquire Thomas Carew Esquire Richard Bampfield Esquire John Ridgeway Esquire Robert Fulfood Esquire Thomas Williams John Eveleigh Gent. and William Hole Gent. To have and to hold the aforesaid Mannor with the Appurtenances whereof c. amongst other things to the same John Saintleger Giles Strangewayes John Wadham John Gilbert Thomas Carew Richard â—ampfield John Ridgeway Robert Fulford Thomas VVilliams John Eveleigh and VVilliam Hole their Heirs and Assigns for ever only to such uses intents as in the said Indenture Quadripartite are declared and specified That is to say To the use and behoof of the said Richard Chudleigh and his heirs of the body of Mary then the wife of the aforesaid Thomas Carew lawfully to be begotten and for default of such issue to the use of the aforesaid Richard Chudleigh and his heirs of the body of Elizabeth then the wife of the said Rich. Bampfield lawfully to be begotten and for default of such issue to the use of the heirs of the said Rich. Chudleigh on the body of Elenor then the wife of the said Thomas William lawfully to be begotten and for default of such issue to the use of the aforesaid Richard Chudleigh and his heirs on the body of Johan then the wife of the said John Eveleigh lawfully to be begotten and for default of such issue to the use of the aforesaid Richaâ—d Chudleigh and his heirs on the body of Johann then the wife of the aforesaid Giles Strangewayes lawfully to be begotten and for default oâ— such issue to the use of the aforesaid Richard Chudleigh and his heirs on the body of Lawrenceâ— then the wife of the aforesaid Robert Fulford lawfully to be begotten and if it should happen the said Richard Chudleigh should die without issue on the bodies of the said Mary Elizabeth Emleme Johan Johan and Laurencea lawfully begotten then the aforesaid John Sentleger and other his Feoffees and their Heirs should be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst other things for and during the term of 10. years after the death of him the said Richard Chudleigh then next following to the use and performance of the last Will of the aforesaid Richard Chudleigh And after the aforesaid term of 10. â—ears compleated and ended then the aforesaid John Sentleger Giles Strangewayes John VVadham John Gilbert Thomas Carew Richard Bampfield Iohn Ridgway Robert Fulford Thomas VVilliams John Eveleigh and VVilliam Hole their Heirs and assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst other things to the use and behoof of the aforesaid Iohn Sentleger Giles Strangewayes Iohn â—â—adham Iohn Gilbert Thomas Carew Richard Bampfield Iohn Ridgeway Robert Fulford Thomas VVilliams Iohn Eveleigh and William Hole their Heirs and Assigns for ever for and during the natural life of the afore Christopher Chudleigh his eldest Son and after the death of the said Christopher his Son the aforesaid Feoffees their Heirs and Assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof c. amongst otâ—er things to the use and behoof of the first issue Male of the body of the aforesaid Christopher lawfully begotten and the heirs of the body of such first issue lawfully to be begotten and for default of such issue to the use oâ— the second issue Male by the said Christopher lawfully to be begotten and the heirs of the body of such second issue Male lawfully begotten and for default of such issue to the use of the third issue Male by the aforesaid Christopher lawfully to be begotten the heirs of the body of such third issue Male lawfully to be begotten for default of such issue to the use oâ— the fourth issue Male and the heirs of the body of such fourth issue male by the aforesaid Christopher lawfully to be begotten on the Heirs of the body of such fourth Issue Male lawfully to be begotten and for default of such issue to the use of the fifth issue Male by the aforesaid Christopher lawfully to be begotten and the heirs of the body of the aforesaid 5th issue male lawfully to be begotten and for default of such Issue to the use of the 6th Issue
male by the aforesaid Christopher Lawfully to be begotten and the Heirs of the body of the aforesaid 6th Issue male Lawfully to be begotten And for default of such Issue to the use of the 7th Issue male by the aforesaid Christopher Chudleigh Lawfully to be begotten and the Heirs of the Body of the aforesaid 7th Issue male Lawfully to be begotten and for default of such Issue to the use of the 8th Issue male by the aforesaid Christopher Chudley Lawfully to be begotten and the Heirs of the body of the aforesaid 8th Issue male Lawfully to be begotten And for default of such Issue to the use of the 9th Issue male by the aforesaid Christopher Lawfully to be begotten and the Heirs of the Body of the aforesaid 9th Issue male Lawfully to be begotten and for default of such Issue to the use of the 10th Issue male Lawfally to be begotten and the Heirs of the body of the aforesaid 10th Issue male Lawfully to be begotten And if it should happen the aforesaid Christopher to dy without Issue male of his body Lawfully to be begotten then the aforesaid Feoffees and every of them their Heirs and Assigns should stand and be seised of and in the Manor aforesaid with the Appurtenances whereof c. amongst other things to the use and behoof of the aforesaid Thomas Chudleigh another Son of the aforesaid Richard Chudleigh and the Heirs of his body Lawfully to be begotten and for default of such Issue to the use and behoof of the aforesaid Oliver Chudleigh another Son of the aforesaid Richard Chudleigh and the Heirs of his body Lawfully to be begotten and for default of such Issue to the use and behoof of the right Heirs of the said Richard Chudleigh Knight for ever as by the said Indenture Quadrupartite amongst other things more fully it appeareth By colour of which Feofment and by force of a certain Act of Parliament of the Lord Henry late King of England the 8th the 4th day of February in the 27th yeer of his Reign at Westminster in the County of Middlesex of transferring uses in possession there holden made and provided the aforesaid Richard Chudleigh was seised of the Manor aforesaid with the Appurtenances whereof amongst otherthings as the Law requireth And the aforesaid Richard Chudleigh of the Manor aforesaid with the Appurtenances whereof c. so being seited the same Richard before the within written time in which c. that is so say the 17th day of November in the yeers of the Reigns of the aforesaid late King and Queen Philip and Mary the 5th and 6th dyed and that neither at the time of the death of him the said Richard Chudleigh and before the day of the bringing of the Bill within written there was any Heir of the aforesaid Richard Chudleigh of the bodies of any the aforesaid Mary Elizabeth Emlem Johan and Lawrence Lawfally begotten And that after the death of the aforesaid Richard Chudleigh and before the time in which the aforasaid John Sentleger Giles Strangewaies John Wadham John Gilbert Themas Carew Richard Bampfield John Bridgway Robert Fulford Thomas Williams John Eveleigh and William Hole into the Manors aforesaid with the appurtenances whereof c. amongst other things entred and were thereof possessed or seised as upon the whole matter aforesaid the Law requireth and so thereof being possessed or seised Christopher Chudleigh after the death of the aforesaid Richard before the within written time in which c. took to wife Christian Sracheley and that the aforesaid John Sentleger Giles Strangewaies John Wadham John Gilbert Thomas Carew Richard Bampfield John Ridgeway Robert Falford Thomas Williams John 〈◊〉 and William Hole of the aforesaid Manor with the Appurtenances whereof c. amongst other things in form aforesaid possessed or being seiâ—â—â— before the within written time in which c. that is to say The â—ath day of August in the yeer of the Reign of the Lady the Queen that nâ— was the first the said Oliver Chudleigh then living being in full life by their writing sealed with their Seals and to the Jurors aforesaid shewed in Evidence whose date is the same day and yeer freely and without any Consideration amongst other things enfeoffed the aforesaid Christopher Chudleâ—gh then and before having notice of the making of the aforesaid Qâ—â—dâ—upâ—tite Indenture and of the uses in the same conteined To have and to hold the Manor aforesaid with the Appurtenances whereof c. amongst other things To the said Christopher his Heirs and Assigns for ever to the only â—â— behoof of the said Christopher his Heirs Assigns for ever By virtue of wâ—â— Feoffment The said Christopher Chudleigh was seized of the Manor aforesaid with the Appurtenances whereof amongst other things as the Law requireth And so thereof being seized The said Christopher Chudleigh before the within written time in which c. that is to say the 20th day of September in the yeer of the Reign of the Lady the Queen that now is the third had issue of his Body lawfully begotten one Stretchlâ—y Chudley his first Son And that the said Christopher Chudleigh afterwards and before the time in which c. that is to say the 30th day of May in the yeer of the Reign of the Lady the Queen that now is had another issue of his Body lawfully begotten that is to say one John Chudleigh his second Son And the aforesaid Christo Chudleigh of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid being seized The said Christopher afterwards and before the within written time in which c. that is to say the first day of July in the yeer of the Reign of the Lady the Queen that now is the 6th by his writing indented sealed with his seal and to the Jurors aforesaid shewed in Evidence whose date is the said first day of July in the 6th yeer abovesaid And afterwards that is to say the â—th day of October in the yeer of the Reign of the said Lady the Queen that now is the 6th abovesaid before Robert Dennis Knight one of the 〈◊〉 of the said Lady the Queen for the County aforesaid and George 〈◊〉 Esquire Clerk of the Peace of the said County to be kept assigned â—s the deed of the said Christopher acknowleledged and according to the form of the Statute in such such case made and provided inrolled in consideration of 220. pound to him by one John Chichester Knight before then paid bargained and sold to the said John Chichester the Manor aforesaid with the Appurtenances whereof c. To have to hold to the said John Chichester his Heirs and Assigns forever to the only use and behoof of the said John Chichester his Heirs and Assigns for ever And that the aforesaid Christopher Chudleigh moreover before the within written time in which c. that is to say the 6th day of July in the yeer of the Reign of the said Lady the Queen that
is aforesaid and that it shall and may be Lawfull to and for the said Master Preacher School-master Usher Poor men and Poor Children and Officers of the Hospital to remain assemble be and Cohabit together in the said House Buildings and Hospital And that it may be further enacted by the authority aforesaid and Be it enacted by the authority aforesaid that your said supplyant during his life and that the said Governors and their successors for the time being or the most part of them after his decease shall and may have full power and authority under the said common Seal to make ordayn set down and prescribe such Rules Statues and Ordinances for the Order Rule and Government of the said Hospital and of the said Master Preacher School-Master Usher Poor men Poor Children and Officers and their successors and for their and every of their stipends and allowances as to your said supplyant during his life and the said Governors and their successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down or prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative royal nor to the Laws or Statures of this your Majesties Realm of England nor to any Ecclesiastical Canons of the Church of England then in force and use And that your said supplyant during his life and the said Governours and their successors for the time being or the most part of them and such of them as your said supplyant shall thereto nominate and appoint shall and may after the decease of your said suppliant have power and authority to visit the said Hospital and to Order reform and redress all disorders and abuses in and touching the Government and disposing of the same And further to censure suspend and deprive the said Master Preacher School-master Usher Poor men Poor Children and Officers for the time being and every or any of them as to him and them shall seem Just fit and convenient so alwaies as no Visitation Act or thing in or touching the same be had made or done other than by your supplyant during his life or the said Governours and their successors for the time being or the most part of them after his decease or by such of them as your supplyant shall hereunto nominate and appoint And also that it may be farther enacted by the authority aforesaid and be it enacted by the authority aforesaid that that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use behoof for during so long time as he shall be Preacher Minister there without any other Presentation or Admission Jnstruction or Induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine end when as soon as any such person shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall cease and resign leave or be put out and removed from his said place of Preacher or Minister of the said Hospital Saving alwayes and reserving to your Majesty your Heirs and Successors and to every other person or persons Bodies Politick or Corporate their Heirs and Successors other than your suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Comodities Advantages and Hereditaments whatsoever which they or any of them shall and may have or of Right ought to have of in to or out of the premises or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premises or any part or parcel thereof And other their Respits of Homage or Fines for not payment of Respits of Homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any one of them for or by reason of any Statute hitherto made for concerning or against any Alienation in Mortmain as by the said Act amongst other things it appeareth And further the said Jurors say upon their Oath aforesaid That Thomas then and now Earl of Suffolk Lord Chamberlain of the Kings Houshold before the aforesaid time in which c. was seized of and in a certain Capital Messuage or Mansion-house called or known by the name of Howard House otherwise called The late dissolved Charter-House besides Smithfield situate lying and being in the County of Middlesex with all and singular Rights Members and Appurtenances to the same belonging and appertaining And all that Orchard and Garden with the Appurtenances thereunto likewise belonging and appertaining and of and in all that parcel of Land with the Appurtenances commonly called Pardon Church-yard and of all those two Messuages or Tenements and two Closes of Land with the Appurtenances thereunto belonging commonly called Welbech situate lying and being in the said County of Middlesex whereof the aforesaid Capital Messuage with the Appurtenances in the Declaration aforesaid mentioned is and the aforesaid time in which it is supposed the Trespass aforesaid above to be done as also time whereof the Memory of Men is not to the contrary was parcel in his Demesn as of Fee And so thereof being seized The said now Earl of Suffolk before the time in which c. That is to say at Westminster in the County of Middlesex By his certain Indenture between him the said now Earl by the name of the Right Honourable Thomas Earl of Suffolk Lord Chamberlain of the most Honourable Houshold of the Lord the King and Theophilus Lord Howard Son and Heir apparant of the said Earl of Suffolk and Thomas Earl of Arundel and Surrey and William Lord Howard of Naward in the County of Cumberland of the one part and the aforesaid Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part made and within 6. Moneths then next following in the Court of the said Lord the King of Common-Pleas at VVestminster aforesaid then being in due manner of Record Inrolled according to the form of the Statute in such case made and provided one part of which as well with the Seal of the aforesaid Thomas now Earl of Suffolk as with the Seals of the aforesaid Theophilus Lord Howard Thomas Earl of Arundel and Surrey William Lord Howard sealed to the