the Queen that now iâ— to serve in his Office aforesaid By virtue of which License of the said Lady the Queen to the aforesaid Mark as afore is said the said Mark by the whole time of his absence specified in the Inquisition aforesaid And 〈◊〉 the â—â—â— Mark for further shewing of his Right saith That he now is and alwâ—â—â—â—om the aforesaid time of removing him from the Exercising of his Offiâ—â— aforesaid was ready and often time offered himself to serve in his Office aforesaid And that as yet from the time of the License of the said Lady the Queen of absenting himself to the said Mark made the said Lady the Queen that now is had not commanded him to serve in his Office aforesaid Without that that the said Lady the Queen that now is hath any other Right or Title in or to the Office aforesaid than as before above it is alleged And without that That there is any such Record besides the Record of the Inquisition aforesaid which makes or shewes or can make or set forth any Title of the said Lady the Queen that now is in or to the Office aforesaid All and singular which the said Mark is ready to aver as the Court here shall award and therefore he demandeth Judgement and that to the possession and exercising of his Office aforesaid together with the Wages and Fee aforesaid and to the issues and profits to the said Office due and belonging from the time of his removing from the said exercising of his Office aforesaid be restored c. And Gilbert Gerrard Attorny General of the Lady the Queen that now is who prosecuteth for the said Lady the Queen in this behalf saith That by any thing by the said Mark Steward above in pleading alleged The said Lady the Queen of her Right and Title in or to the Office aforesaid ought not to be barred Because he saith That the said Lady the Queen did not give License to the said Mark to absent himself from the exercising of his Office aforesaid at the pleasure of him the said Mark until he were Commanded by the said Lady the Queen to serve in his said Office aforesaid in manner and form as the aforesaid Mark in his shewing of his Right to the Office aforesaid above alleged And this the said Attorny of the said Lady the Queen that now is for the said Lady the Queen prayeth it be enquired of by the Country And the aforesaid Mark likewise Therefore day is given before the said Lady the Queen that now is in the Morrow of the Ascension of our Lord wheresoever she should be in England to do and receive what was just in the premises And it is commanded to the Sheriff of Middlesex That he cause to be here before the Lady the Queen at that day 12. good and lawful men of the Vicinage of the City of Westminster who are not of Kindred or Affinity of the said Mark To Recognize upon their Oath more fully the truth of the premises At which Morrow of the Ascension of our Lord before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Geâ—rad who prosecutes c. as the aforesaid Mark Steward by John Manning his Attorny And the Sheriff retorns the names of 12. whereof none c. Thtrefore it is commanded to the Sheriff That he do not omit c. but that he destrein them by all their Lands c. And that of the Issues c. And that he have their Bodies before the Lady the Q. in 8. dayes of the Holy â—rinity wheresoever c. To Recognize in form aforesaid c. And the same day is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward c. At which 8. dayes of the â—oly â—rinity before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And the Jurors of the Jury aforesaid being called likewise come And upon this publick Proclamation is made for the Lady the Queen as the use is That if there be any one who will inform the Justices oâ— the Lady the Queen here the Serjeant at Law of the Lady the Queen or the Attorny General of the Lady the Queen or the Jurors aforesaid oâ— the premises that he come and should be heard And Edward Anderson one of the Serjeants of the Lady the Queen at Law to do this offered himself By which it is proceeded to the taking of the Jury aforesaid by the Jurors aforesaid now there appearing who to say the truth of the premises chosen tryed sworn say upon their Oath That the Lord Philip and the Lady Mary late King Queen of England by their Letters Patents under the Great Seal of England made bearing date at Westminster the 23th day of September in the yeers of the Reigns of the said late King and Queen the 3d. and 4th Gave and granted to the said Mark the Office of Serjeant at Arms attending upon their Chancellor of England for the time being and made him the said Mark their Serjeant at Arms aforesaid made Ordained and Constituted by the said Letters Patents for the term of his life To have and enjoy the said Office to him the said Mark for the term of his life And moreover the said late King and Queen gave and granted by the Letters Patents aforesaid for them the Heirs and Successors of the said Queen for the exercising and holding of the Office aforesaid the Wages and Fee of 12. pence per diem To have hold and perceive yeerly the said Wages and Fee of 12. pence the day to the said Mark for the term of his life of the issues and profits of their Hamper of their Chancery by the Hands of the Clerk or Keeper of the said their Hamper and the Heirs of the aforesaid late Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any way anciently belonging due and accustomed And the said Mark Steward brings here in Court the Letters Patents aforesaid which followes in these words Philip and Mary by the Grace of God King and Queen of England Spain France both Cicilies Jerusalem and Ireland Defenders of the Faith Archdukes of Austria Dukes of Burgondy Milain and Brabant Earl of Haspurge Flanders and Tiroll c. To All to whom these present Letters shall come Greeting Whereas our most dear Brother Edward late King of England the 6th by his Letters Patents made under the Great Seal of England bearing date at Greenwich the 8th day of April in the 4th yeer of his Reign of his special Grace certain Knowledg and meer Motion as also with the Advice and Consent of his Council had given and granted to his well-Beloved Richard Hatchman Gentleman the Office
of Fee in the Right of his Crown of England And the said late King so thereof being seized before the time in which c. By his Letters Patents with the Great Seal of England sealed bearing date at Westminster the 14th day of May in the yeer of his Reign the 32th had given and granted the Tenements aforesaid with the Appurtenances amongst other things to Ann Cobham Widow To have and to hold the Tenements aforesaid with the Appurtenances amongst other things to the said Ann Cobham and her Assigns for the term of the life of the said Ann rendring therefore to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown at the Feast of Saint Michael the Archangel yeerly to be paid and after the decease of the aforesaid Ann The said late King by his Letters Patents willed and granted That the Tenements aforesaid with the Appurtenances amongst other things to one Edward Shelley Esquire and Johan his Wife and to the Heirs of the Bodies of them the said Edward and Johan between them lawfully to be begotten To be holden of the aforesaid late King his Heirs and Successors by the Service of the 20th part of a Knights Fee And yeelding therefore yeerly to the said late King his Heirs and Successors 3. pound 2. shillings 8. pence Sterling at the Court of Augmentation and Revenew of his Crown aforesaid at the Feast of Saint Michael the Archangel every yeer to be paid for all Services and demands whatsoever to the said late King his Heirs and Successors any wayes to be rendred payed or done And if it should happen the said Edward and Johan his Wife to dye the without issue of their bodies lawfully by them begotten The the said late King willed and granted by his said Letters Patents that the Tenements aforesaid with the Appurtenances amongst other things should wholly remain to the right Heirs of the said Edward Shelley for ever to be holden of the aforesaid late King his Heirs and Successors by the Rent and Services aforesaid for all Services and demands as by the said Letters Patents amongst other things more fully appeareth By vertue of which gift and grant the said Anne Cobham into the Tenements aforesaid with their Appurtenances amongst other entred and was thereof seized in her Demesn as of Freehold the remainder thereof in form aforesaid And the said Anne so thereof being seized afterwards and before the time in which c. that is to say the day in the year of the Reign of the said late King Henry the 8th At Worminghurst in the said County of Sussex died After the death of which Anne the aforesaid Edward Shelley and Joham his wife into the Tenements aforesaid with the Appurtenances amongst other things entred and were thereof seized in Demesn as of Fee-tail that is to say to them and the heirs of the body of them the said Edward and Joham the remainder unto the said Edward and his Heirs in form aforesaid And so thereof being seized the said Edward and Johan had issue of their bodies Henry Shelley father of the aforesaid Henry Shelley now Defendant his eldest Son and Richard Shelley his second Son which Richard Shelley is yet living and in full life and that the said Edward and Johan being thereof so seized the said Johan afterwards and before the time of the Trespass aforesaid died and the aforesaid Edward her overlived and held himself in the Tenements aforesaid with the Appurtenances and was thereof seized in his Demesn as of Fee-tail the remainder thereof to him and his Heirs for ever as before is said And the said Jurors also say upon their Oaths aforesaid That the said Henry Father of the aforesaid now Defendant had issue of his body lawfully begotten Mary Shelley his daughter and that the said Henry Shelley died in the life of the said Edward his Father one Anne then wife of the said Henry being quick and great with childe with the aforesaid Henry Shelley now Defendant in the Declaration named And the said Edward Shelley so being thereof seized afterwards the 25th day of September in the years of the Reigns of Philip and Mary late King and Queen the first and second by his Indenture sealed with his Seal bearing date the said day and year first delivered the sixth day of October then next following made between him the said Edward Shelley by the name of Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Marten of the other part the tenour of which Indenture followeth in these words ss This Indenture made the 25th day of September in the first and second years of the Reigns of our Soveraign Lord and Lady Philip and Mary by the grace of God King and Queen of England France Neapolis Jerusalem and Ireland Defenders of the Faith Princes of Spain and Cicil Archdukes of Austria Dukes of Millain Burgundy and Brabant Earls of Haspuag Tirol and Flanders between Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part and Richard Cooper and William Martin of the other part Witnesseth That it is fully Covenanted Granted Condescended and Agreed between the said Parties in manner and form following That is to say first the said Edward Shelley for and upon divers great and urgent causes and considerations him moving doth Covenant Grant Condescend Promise and Agree for him his Heirs and Executors to and with the said Richard Cooper and William Martin and their Executors by these Presents That he the said Edward Shelley shall permit cause and suffer the said Richard Cooper and William Martin or the survivor of them at the proper costs and charges of him the said Edward Shelley his Heirs and Executors Administrators or Assigns on this side the Feast of All Saints next ensuing the date of these presents to recover against him the said Edward his Heirs or Assigns by Writ of Entre sur Disseisin enle Post The Mannors oâ— Worminghurst Barhamwick and Fyndon with the Appurtenances in the said County of Sussex and all other his Lands Tenements Possessions and Hereditaments with the Appurtenances set lying and being in Fyndon Worminghurst Barhamwick Patching Eastangmering Westangmering Wyginholt Sterington Washington Ashington Grensted Ashhurst Stening Wilston Thackham and Shopley in the said County Except only the Manors of Sillington and Cobden with the Appurtenances in the said County and except also all those Lands Tenements and Hereditaments called or known by the name of Cobden Pullets Firses and Palmerishcomb with all and singular their appurtenances And the said Edward Shelley covenanteth Granteth and Promiseth by these presents to and with the said Richard Cooper and William Martin that at the time of the said Writ of Entry brought against him of the Premises and at the time of the said Recovery had he the said Edward shall be sole Tenant of the Freehold of
Trinity Term Aº 6 to of King James Calvins Case Co. 7. part Fol. 1. a. IAmes by the Grace of God of England Scotland Erance and Ireland King defender of the Faith c. To the Sheriffe of Middlesex Greetings Robert Calvin Gent. hath complained to us That Richard Smith and Nicholas Smith unjustly and without Judgement have disseized him of his Freehold in Haggord otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past and therefore we command you That if the said Robert shall secure you to prosecute his claim Then that you cause the said Tenement to be reseised of the Chattels which within it were taken and the said Tenement with the Chattels to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming and in the mean time cause 12. free and legall men of that venew to see the said Tenement and the names of them to be unbrevicted and summon them by good summonors that they be before us where ever we be in England ready thereof to make Recognition and put by suerties and pledges the aforesaid Richard and Nicholas that then they be there to hear the Recognition and have there the summons the names of the Pledges and this Writ Witness my self at Westminster the 3. day of November in the year of our Reign of England France and Ireland the 5th and of Scotland the one and fortieth For 40. s. paid in the Hamper KINDESLEY THe Assise cometh to Recognize If Richard Smith and Nicholas Smith unjustly and without Judgement did disseise Robert Calvin Gent. of his Freehold in Haggard otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past And whereupon The said Robert who is within the age of 21. years by John Parkinson and William Parkinson his Guardians which the Court of the said King hereto this have joyntly and severally specially are admitted Complaineth That they disseised him of the Messuage with the Appurtenances c. And the said Richard and Nicholas by William Edwards their Attorney come and say That the said Robert ought not to be Answered to his Writ aforesaid because they say That the said Robert is an Alien born the 4th day of November in the Reign of the King that now is of England France and Ireland the third and of Scotland the 34th At Edenborough within his Kingdom of Scotland aforesaid and within the Alleagiance of the said Lord the King of the said Kingdom of Scotland and without the Alleagiance of the said Lord the King of his Kingdom of England and at the time of the birth of the said Robert Calvin and long before and continually after the aforesaid Kingdom of Scotland by the proper Rights Laws and Statutes of the same Kingdom and not by the Rights Laws and Statutes of this Kingdom of England was Ruled and Governed and yet is And this he is ready to aver and thereupon prayeth Judgement If the said Robert to his said Writ aforesaid ought to be answered c. And the aforesaid Robert Calvin saith That the aforesaid Plea by the aforesaid Richard and Nicholas above pleaded is in sufficient in Law to him the said Robert to Answer and to Barre him to have his Writ aforesaid that the said Robert to the said Plea in manner and form pleaded needeth not nor by the Law of the Land is holden to Answer and this he is ready to aver hereof prayeth Judgement and that the said Kichard and Nicholas to the aforesaid Writ of the said Robert do Answer And the said Richard and Nicholas for as much as they sufficient in matter in Law to him the said Robert to Answer have to his Writ aforesaid in Barr above have alleged which they are ready to aver which matter the aforesaid Robert doth not gainsay nor to the same doth in any ways Answer but the said Averment altogether to admit refuseth as at first demandeth Judgement if the aforesaid Robert to his Writ aforesaid ought to be admitted c. And because the Court of the Lord the King here are not yet avised of giving her Judgement of and upon the premises day thereof is given to the parties aforesaid before the Lord the King at Westminster untill Monday next after 8. dayes of St. Hillary to hear there Judgement thereof because the Court of the Lord the King here thereof are not yet c. And the Assise aforesaid remain to be taken before the said Lord the King untill the same Monday there c. And the Sheriff to distrein the Recognitors of the Assise aforesaid And before to make view c. At which day before the Lord the King at Westminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid and because the Court of the Lord the King hereof giving their Judgement of and upon the premises is not yet avised day hereof is given to the parties aforesaid before the Lord the King at VVestminster untill Monday next the morrow of the Assension of our Lord to hear their Judgement because the Court of the Lord the King here are not yet c. And the Assise aforesaid remain further to be taken until the same Monday there c. At which day before the Lord the King at VVestminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid c. And because the Court c. Upon which Seen and by the Court of the Lord the King here all and singular the prepremises fully understood and diligently looked into and examined and mature deliberation hereof being had because it seemeth to the Court of the Lord the King that now is here that the Plea aforesaid of the said Richard Smith and Nicholas Smith above pleaded is not sufficient in Law to the aforesaid Robert Calvin to have Answer to his Writ aforesaid to Barr Therefore it is considered by the Court of the Lord the King that now is here That the aforesaid Richard Smith and Nicholas Smith to the Writ of the said Robert further Answer c. Michael 25. and 26. of Queen Elizabeth Rott 144. Assise Dowmans Case C. 9th part Fol. 1. a. THe Assise came to Recognise if Edward Vavasor Esquire George Vavasor Gent. Richard Coats John Lawson William Musgrave Robert Thissylwood and Robert VVard unjustly c. Disseised Thomas Dowman Esq and Elizabeth his wife of their Freehold in Spaldington VVillitoft and Southcate within 30. years now last past c. And whereupon the said Thomas and Elizabeth by Henry Cressey Their Attorney complain That they disseised them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of pasture with their appurtenances c. And the aforesaid Edward George Richard John Robort Thyssylwood and Robert VVard by Edward Latimer
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
the statute aforesaid is to be done Witness my self at Westminster the 6th day of May in the year of our Raign the 31th and that afterwards the said Lady the Queen that now is sent here another writ under her great seal out of the Chancery to the Treasurer and her Barons of this Exchequor directed which is enrolled in the Remembrancers of the said Exchequer of the 31 year of the now Queen Elizabeth that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen here the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland defender of the faith c. To the Treasurer and Barons of her Exchequer greeting Because in the Record and process and also in giving of Judgment of a plea which was in our Court before you the aforesaid Barons of our Exchequor aforesaid in Easter Term last past by Bill between Henry Page our Debtor and Edward Griffin of a certain trespass and Ejectment out of his Farm to the said Henry by the said Edward done as is said manifest Error intervened To the grevious damage of the said Edward as by his complaint we have received and whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 13th made amongst other things it was agreed unto and established that in all cases the King and other persons touching where any complaineth of Error done in the Exchequor the Chancellor and Treasurer shall cause to come before them in some Chamber of Councel nigh unto the Exchequor the Record and process out of the said Exchequor and taking to them the Justices and other sages whom they shall think fit to be taken and also to be called before them the Barons of the Exchequor aforesaid to hear their informations the causes of their Judgement thereupon shall cause the business duly to be examined and if any Error shall be found that they correct the same and the rolls to be amended We therefore willing Error if any were according to the form of the statute aforesaid to be amended and full and speedy Justice to be done to the parties in his behalf we command you that if Judgment thereof be given that then the Record and process aforesaid with all concerning the same before our Chancellor of Englaâ— and you the aforesaid Treasurer in the Council Chamber neer unto the Exchequer aforesaid 10th day of this Instant moneth of June your cause to come That the same Chancellor and you the said Treasurer the Record and Process aforesaid being seen and hearing your informations you the said Barons further in this behalf of the Council of the Justices and the other sages do that which of right and aâ—â—ording of the form of the statute aforesaid is to be done Witness my seâ—â— at Westminster the third day of June in the year of our Reign the 31. At which day the aforesaid Chancellor and Treasurer into the Chamber aforesaid did not come and that aâ—terwards the said Lady the Queen that now is sent another writ under her great Seal out of her Chancery To the Treasurer and Barons of this Exchequer directed which is enrolled in the Remembrancers of the said Exchequer of 31th year of Queen â—lizabeth that now is that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defendor of the Faith c. To the Treasurer and Barons of the Exchequer greeting Because that in the Record and process and also in giving of Judgement which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in Easiher Term last past by Bill between Henry Page our debtor and Edward Griffin of a certain Trespass and Ejectment of him out of his Farm to the said Henry by the aforesaid Edward Griffin done as is said Error manifest intervened to the grievous damage of the said Edward as by his Complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 31th holden it was amongst other things agreed unto and established that in all cases the King and other persons touching where any complains of Error done in process in the Exchequer the Chancellor Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequor the said Record and process out of the said Exchequer and taking to them the Justices and other sages as to them they shall seem good to be taken and also to be called before them the Barons of the Exchequer aforesaid to heare their informations and the causes of their Judgment and thereupon the business aforesaid duly to be examined and if any Error shall be sound the same to be corrected and the Rolls to be amended and afterwards to send them into the said Exchequer to do execution thereof as belongeth as in the said statute is conteyned We therefore willing Error if any such shall be according to the form of the statute aforesaid to be corrected and to the parties aforesaid full and speedy Justice to be done in that behalf Command you that if Judgment be thereof given Then the Record and process with all touching the same before our Chancellor of England and you the said Treasurer in the Chamber of Councel neer unto the Exchequer aforesaid called the Councel Chamber the 14th day of October then ollowing you cause to come that the said Chancellor and you the said Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons further in this behalf with the Councel of the Justices and other sages cause to be done what of right and according to the form of the statute aforesaid is to be done Witness my self at Westminster the 13th day of June in the year of our Reign the 31th At which 14th day of October before Christopher Hatton Knight Chancellor of England and William Cecil Knight Lord Burghley Treasurer of the Exchequer aforesaid in the said Chamber neer the Exchequer aforesaid at Westminster came the said Edward Griffin by Richard Hatton his Attorny and the aforesaid Traesurer and Barons the Recâ—â—d and process aforesaid with all things touching the same then and there caused to come and upon that the said Edward said That in the Record and process aforesaid and also in the giving of the Judgement aforesaid It is manifestly Erred First in this that is to say because it doth not appear in the Record aforesaid that the aforesaid Thomas Bowes Master of Arts in the Record aforesaid above named was seised of the remaynder of the Messuage aforesaid
within conteyned before Thomas Walmsley one of the Justices of the Lady the Queen of the Bench and Edward Fennes one of the Justices of the said Lady the Queen of pleas before the Queen her self holden assigned Justices of the said Lady the Queen to take Assises in the County of Dorset assigned by the form of the statute c. came aswell the within named George Stroud Esquire by Thomas Clayton his Attorny as the within named Ralph Horsey Knight Richard Veal and Edward Goor by Henry Collier their Attorny and the Jurors of the Jury whereof within mention is made some of them appeared and some of them did not appear as it appeareth in the pannel c. and some of the Jurors now appearing that is to say Richard Ham Thomas Tooner John Burt Henry Hâ—rbyn Gentleman John Young Gentleman John Butler Gentleman William Withington John Payn and Christorher Dolling in the Jury aforesaid are sworn and some of the said Jurors now appearing that is to say Thomas Heal Edward Carter Robert Chippe Henry Squib and George Frome because they between the parties aforesaid are found to be suspicious from the pannel aforesaid they were utterly drawn out and because the rest of the Jurors of the said Jury did not appear therefore others of the standers by by the Sheriff aforesaid to that being chosen at the request of the said George Stroud and by the Command of the Justices aforesaid were of new put whose names to the pannel within written are fyled according to the form of the statute in such case thereof late made and is provided and the Jurors so nâ—w put that is to say Clement Jay Nicholas Brown and Thomas Eyres being called likewise appeared who to say the truth of the matters within conteyned together with the other Jurors aforesaid first impanelled Chosen tryed and sworn say upon their Oath aforesaid that the Tenement within written in which it is supposed the Trespass and Ejectment within written to be are and time whereof the memory of men is not to the Contrary were parcel of the Mannor of Nether Melcum otherwise called Melcum Bingham with the appurtenances and that the said Mannor of Neither Melcum otherwise Melcum Biugham with the appurtenances whereof c. lyeth within the Parish of Melcum in the County aforesaid and that before the time within written in which the Trespass and Ejectment within written was supposed to be done one Robert Bingham the elder was seised for the aforesaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof c. in his demesne as of Fee and so thereof seised held the said Mannor with the appurtenances of one John Hrosey Knight as of his Mannor of Melcam otherwise Horseys Melcum otherwise Starges Melcum in the County aforesaid by Knight service that is to say by Homage and Fealty and Escuage to the Lady the Queen of 40. shillings when it should happen 2. shillings and for more more and less less c. and the said Robert Bingham being so seised before the time within written in which c. that is to say the morrow of the Holy Trinity in the year of the Reign of the said Lady the Queen that now is the 12 a sine was levyed in the Court of the said Lady the Queen at Westminster in the County of Middlesex before James Dyer Richard Weston Richard Harper then Justices of the said Lady the Queen of the Bench and other the Queens faithfull people then present between Thomas Buckley and Henry Gawen Gentlemen plaintifs and the said Robert Bingham the Elder Deforceant Of the Mannor of Neither Melcum otherwise Melcum Bingham aforesaid with the appurtenances whereof c. by the names of the Mannor of Nether Melcum otherwise Melcum Bingham aforesaid with the appurtenances and 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 120 Acres of Land 30 Acres of Meadow 300 Acres of pasture 8 Acres of Wood and 20 Acres of Furze and Heath with the appurtenances in Nether Melcum other wise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert Bingham did acknowlege the said Mannor and Tenements with the appurtenances to be the right of the said Thomas Buckley as that with the said Thomas Buckley and Henry Gawen had of the gift of the said Robert Bingham and then released and quit claimed from him and his heirs to the said Thomas Buckley and Henry Gawen and the heirs of the said Thomas for ever And afterwards the said Robert Bingham granted for him and his heirs that they would warrant to the said Thomas Buckley and Henry Gawen and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever the Tenor of which Fine followeth in these ss Dorset ss This is a 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 Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. from the Conquest the 12th before James Dyer Richard Weston and Richard Harper Justices and other the Queens faithfull people there present Between Thomas Buckley and Henry Gawen Gentlemen plaintifs and Robert Bingham Esquire Deforceant of the Mannor of Neither Melcum otherwise Binghams Melcum with the appurtenances and of 5 Messuages 4 Tofts 4 Barns 5 Gardens 2 Orchards 12â— Acres of Land 30 Acres of Meadow 100 Acres of pasture 8 Acres of wood and 20 Acres of Furz and Heath in Nether Melcum otherwise Binghams Melcum whereupon a plea of Covenant was between them in the said Court that is to say that the said Robert acknowledged the aforesaid Mannor Tenements with the appurtenances to be the right of the said Thomas and those which the said Thomas and Henry had of the gift of the aforesaid Robert and the same released and quit claimed from him and his heirs to the said Thomas and Henry and the heirs of the said Thomas for ever And farther the said Robert granteth for him and his heirs that they warrant to the aforesaid Thomas and Henry and to the heirs of the said Thomas the aforesaid Mannor and Tenements with the appurtenances against all men for ever and for this Recognition remission and quit claym warranty and Concord the said Thomas and Henry give to the said Robert 150 pound sterling which said Fine of the Mannor and Tenements aforesaid whereof c. in form aforesaid Levied was had and Levyed to the use of the said Robert Bingham the Elder and Jane his wife and the heirs of the said Robert for ever by virtue whereof and by force of a certain Act of Parliament of transferring of uses into possession made at Westminster in the year of the Reign of the late King Henry the 8th of England the 27th made and provided the said Robert Bingham the elder and Jane were
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
and Edward Goor be taken c. Ejectione Firme Hillary Term 290. Elizabeth Rott 790. in the KINGS BENCH Barastons Case C. 3. part fol. 19. a. MEmorandum That at another time That is to say Michaelmass Term last past before the Lady the Queen at Westminster came Richard Hynde by James Long his Attorny and brought here in the Court of the said Lady the Queen then there his Bill against William Ambry in the Custody of the Marshal c. Of a Plea of Trespasse and Ejectment of his Farm and are Pledges of Sute that is to say Iohn Doo and Richard Roo Which Bill followeth in these words ss Hartford Richard Hynde complaineth of William Ambry in the custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas one Thomas Brand and Constance his Wife and Milliam Davyes and Margaret his Wife the 4 th day of Iuly in the yeer of Reign of the said Lady Elizabeth now Queen of England the 28 th at Aldenhan in the County aforesaid Demised and granted and to Farm let to the aforesaid Richard Hynde amongst other things 10. Acres of Land with the appurtenances called the upper part of a Close named Reddings in Aldenham aforesaid in the County aforesaid To have and to hold the aforesaid 10. Acres with the appurtenances to the aforesaid Richard Hynde and his Assignes from the Feast of St. Iohn the Baptist then last past until the end and Term of 7. years from thence next insuing and fully to be compleat and ended By virtue of which demise The said Richard Hynde into the aforesaid 10. Acres of Land with the appurtenances the aforesaid 9 th day of Iuly in the 28th yeer aforesaid with Force and Armes c. into the aforesaid 10. Acres of Lands with the appurtenances upon the possession of the said Richard entred and him the said Richard from his Farm aforesaid the Term thereof not yet ended did eject expel and amove and then the said Richard from his possession thereof held out and as yet holdeth out And other harms to him did against the Peace of the said Queen to the damage of the said Richard of 10. pounds and thereof he bringeth Sute c. And now at this day that is to say Monday after 8. dayes of St. Michael this Term until which day the said William had license to the Bill aforesaid to imparl and then to answer c. before the Lady the Queen at Westminster come as well the aforesaid Richard by his Attorny aforesaid as the said William by Richard Belfield his Attorny and the same William doth defend the force and injury when c. And saith That he is not guilty thereof and of that he puts himself upon the Country And that said Richard likewise Therefore a Jury thereof before the Lady the Queen at Westminster Wednesday next after 15. dayes of Easter who neither c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the processe thereof was continued between the parties aforesaid in the Plea aforesaid by Juries put between them in respite before the said Lady the Queen until Wednesday next after 8. dayes of St. Michael then next following Unlesse the Justices of the said Lady the Queen to take Assizes in the County aforesaid assigned First upon Friday the 12 th day of July at Hartford in the County aforesaid by form of the Statute c. come for default of Jurors c. At which VVednesday next after 8. dayes of St. Michael before the Lady the Queen at Westminster came the aforesaid Richard Hynde by his Attorny aforesaid And the aforesaid Justices of Assizes before whom c. sent here their Record before them had in these words ss Afterwards the day and place within contained before Thomas Gawdy Knight one of the Justiceâ— of the Lady the Queen of Pleas before the Lady the Queen her self to be holden assigned and Robert Clark one of the Barons of the said Lady the Queen of her Exchequer Justices of the said Lady the Queen to take Assizes in the County of Hartford assigned by form of the Statute c. came as well the within named Richard Hynde by Henry Brantwayte his Attorny as the within written William Ambry by his Attorny within mentioned and the Jurors of the Jury whereof within mention is made some of them that is to say Richard Penifather Thomas Glascock Iohn Harmer and Stephen Nebbes came and in the said Jury are sworn And because the rest of the Jurors of the said Jury did not appear Therefore other of the Standers by chosen by the Sherif at the Request of the said Richard Hynde and by the Command of the Justices aforesaid are of 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 some of the Jurors so a new put that is to say Edward Vyall Thomas Cooker Thomas Trow Edward Asher Iohn Dermer William Tiverton Edward Iorden and Robert Carpenter came who to say the truth of the matters within contained togeether with the Jurors aforesaid first unpannelled and sworn chosen tryed and sworn Say upon their Oath That long before the Trespass and Ejectment of the Farm within supposed to be done One Thomas Boraston was seised of and in the within written 10. Acres of Lands with the appurtenances called the upper part of a Close called Reddings in Aldenham within written in his demesn as of see the said 10. Acres of Lands with the appurtenances held of one Robert Stepnigh Esq as of his Mannor of Aldenham in his free socage And further the Jurors aforesaid say upon their Oath That the aforesaid Tho. Boraston had issue of his body lawfully begotten Hum Boraston his Elder Son Hen. Boraston his Younger Son and the aforesaid Hum. Boraston had issue of his body Lawfully begotten Constance Boraston now the wife of the within named Thomas Brand and the within named Margaret wife of the within named William Davis and that afterwards Humphrey Boraston dyed living the said Thomas Boraston and that the aforesaid Constance and Margaret were and are Daughters and Co-heirs of the aforesaid Humphry Boraston and farther the Jurors aforesaid say upon their Oath that the aforesaid boraston so of and in the aforesaid 10 Acres of Land with the appurtenances being seised as before is said afterwards that is to say the 12 th day of the moneth of August in the year of our Lord 1559 in the year of the Reign of the said Lady the Queen the first made his Testament and last Will in writing in these English words following In the name of God Amen Item I give unto Thomas Amerie and Amphillis his wife all that my upper part of my close called Redding for the Term of 8 years after my decease in recompence of one yearly Annuity of 46
Forset my Chaplain Overseers of this my present Testament I ordain and appoint John Wakering Master of the Hospital of St. Bartholomew aforesaid To which my Executors and Overseer above named I give the rest of all and singular my Goods and Chattels which shall remain by me not distributed disposed nor bequeathed in this last Will faithfully and speedily to be distributed for my Soul Willing That the said Executors and Overseer according to their discretions and Consciences take of my goods what is reasonable for their pains And that my present Testament and last Will before written be as speedily as conveniently it may be by my Executors performed and executed as in the fearful day of the last Judgement for me and them before the most High Judge who is ignorant of nothing they will answer In witnesse whereof to this my present Testament indented containing my last Will I have set my Seal Dated the day year aforesaid And the Jurors aforesaid further say upon their Oath aforesaid That the aforesaid William Bramptou of the said Messuage and 6. Acres of Pasture parcel c. amongst other c. as is before said so being seised The said John Barton the Elder afterwards at Buck aforesaid dyed After the death of the said John Barton the Elder the aforesaid William Brampton was seised of the Messuage aforesaid and 6. Acres of Lands aforesaid parcel c. in his Demesn as of Fee To the several uses and intents in the aforesaid last Will of the aforesaid John Barton the Testator above expressed And that the said Iohn Barton the younger after the death of the said Iohn Barton the Testator into the aforesaid Messuage and 6. Acres of Pasture with the Appurtenances parcel c. entred and the Rents and profits thereof yearly after the death of the said Iohn Barton the Testator arising for and during the life of him the said Iohn the younger took and had and the same to the uses intents and appointments in the said Testament and last Will thereof limitted and appointed during the life of the said Iohn the younger did convert apply and pay And afterwards and before the time in which c. The said Iohn Barton the younger at Buck aforesaid dyed After whose death of the said Iohn Barton the younger the aforesaid William Brampton was seised of the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee unto the uses and intents in the aforesaid last Will of the said Iohn Barton the Testator before expressed to be performed And that the said Margaret and Isabel after the death of the said John Barton the younger into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the death of the said John Barton the younger arising for and during the lives of the said Margaret and Isabel and the longer liver of them took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Testator declared limitted and appointed during the lives of the said Margaret and Isabel applyed converted and payed and the longest liver of them did apply convert and pay And afterwards and before the time in which c. The aforesaid Margaret and Isabel at Buckingam aforesaid dyed After the deaths of which Margaret and Isabel The said William Brampton was seised in his Demesn as of Fee of and in the aforesaid Messuage and 6. Acres of Pasture aforesaid parcel c. with the Appurtenances to the uses and intents in the aforesaid last Will of the aforesaid John Brampton the Elder the Testator expressed to be fulfilled And that the said William Fowler in the Testament aforesaid named had issue of his body lawfully begotten one Richard Fowler and the said William Fowler after the deaths of the said Margaret and Isabel into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and Profits thereof yearly after the deaths of the said Margaret and Isabel arising for and during the life of the said William Fowler took and had and the same to the uses intents and appointments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed during the life of the said William Fowler applyed converted and payed And afterwards the 6 th day of July in the yeer of the Reign of King Henry the 6 th the 30 th The said William Fowler at Buckingham aforesaid dyed after whose death of the said William Fowler the aforesaid William Brampton was seized of and in the said Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances in his Demesn as of Fee to the uses intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed to be fulfilled And that the said Richard Fowler had issue of his body lawfully begotten one Edward Fowler and the said Richard Fowler after the death of the said William Fowler into the aforesaid Messuage and 6. Acres of Pasture parcel c. with the appurtenances entred and the Rents and profits therof yeerly after the death of the said William Fowler arising for and during the life of the said Richard Fowler took and had and tâ—e same to the uses intents and appointments in the said Testament and last Will of the said John Barton the Elder the Testator during the life of the said Richard Fowler applyed converted and payed that is to say until the 3 d. day of November in the yeer of King Edward the 4 th after the Conquest of England the 7 th which said 3d. day of November the aforesaid Richard Fowler at Buckingham aforesaid dyed After the death of which Richard aforesaid the aforesaid Wil. Brampton was of the Messuage and 6. Acres of Pasture aforesaid parcel c. with the appurtenances seized in his Demesn as of Fee to the uses and intents in the Testament aforesaid of the said John Barton the Testator limitted and declared to be fulfilled And that the said Edward Fowler had issue of his body lawfully begotten one Gabriel Fowler and the said Edward after the death of the said Richard Fowler into the aforesaid Messuage and 6. Acres of Lands parcel c. with the appurtenances entred and the Rents and Profits thereof yeerly after the death of the said Richard Fowler arising for and during the life of the said Edward took and had and the same to the uses intents and appointments in the said Testament and last Will declared and limitted Until the 4 th day of February in the yeer of the Reign of King Henry the 8 th the 27 th applyed converted and payed which said 4 th day of February by virtue of a certain Act of Parliament at Westminster in the County of Middlesex for transferring of uses into
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
not yet concealed nor detained but the Rents and the Reversions thereof to the said Lord the King and Lady the Queen then were answered And that Mannor was in charge and account of Record and the Rents and the Reversions thereof to the said late King and Queen Philip and Mary were answered But whether the Lands and Tenements in the Declaration above mentioned by the said Letters Patents to the aforesaid George Howard Kt. passed or not the Jurors aforesaid are ignorant and thereof pray the Advice and Consideration of the Court in the premises And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices of the Court That the aforesaid Lands and Tenements in the Declaration aforesaid mentioned by the aforesaid Letters Patents of the Lord Philip and Mary late King and Queen of England to the aforesaid George Howard did passe Then the Jurors aforesaid say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment as he before in pleading hath alleged And if upon the whole matter by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court That the Lands and Tenements in the Declaration within written by the aforesaid Letters Patents of the Lord Philip and Mary King and Queen of England to the said George Howard passed not c. False Imprisonment Michaelmass Term in the 6th yeer of King JAMES in the COMMMON-PLEAS Doctor Bonhams Case Co. 8. part London HEnry Atkins of London Doctor of Physick George Turner of London Doctor of Physick Thomas Moundford of London Doctor of Physick John Argent of London Doctor of Physick John Taylor of London Yeoman And William Bowden of London Yeoman were Attached to answer to Thomas Bonham of London Doctor in Philosophy and of Physick of a Plea wherefore they together with William Dun of London Doctor of Physick and Richard Ware of London Skinner with force and Arms him the said Thomas Bonham took imprisoned and evil handled and him in Prison against the Law and Custom of the Kingdom of England did long detain and other harms to him did to the great damage of the said Thomas Bonham and against the Peace of the Lord the King that now is c And whereupon the same Thomas Bonham by Richard Coke his Attorny complaineth That the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden together c. the 10th day of November in the yeer of the Reign of the said Lord the King that now is the 4th with force and Arms him the said John in the Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and evilly handled and him there so in Prison a long time that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England detained and other harms c. to the great damage c. and against the Peace c. whereupon he saith that he is the worse and hath damage to the value of 300. pounds and thereof bringeth sute c. And the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden by Francis Barker their Attorny come and defend the force and injury when c. And as to the coming with force and Arms say That they are not thereof guilty And of that put themselves upon the Country and the aforesaid Thomas Bonham likewise And as to the rest of the Trespass and Imprisonment aforesaid above supposed to be done The said Henry George Thomas Moundford John Argent John Taylor and VVilliam Bowden say That the aforesaid Thomas Bonham his Action aforesaid against them ought not to have because they say That before the aforesaid time in which it is supposed the aforesaid Trespasse and Imprisonment to be done The Lord Henry late King of England the 8th the 23d day of September in the yeer of his Reign 〈◊〉 by his Letters Patents which the said Henry George Thomas Moundford John Argent John Taylor and William Bowden with his great Seal of England sealed bearing date at VVestminster the same day and yeer here in Court brought Reciting Wherereas he thought it the duty of his Kingly Office in all reason to provide for the good and welfare of his People That would first of all be done if he might in due season meet with the enterprizes of wicked men first therefore ye held it necessary to restrain the boldness of wicked men who professed Physick more for avarice than out of confidence of a good Conscience Whereupon very many incommodities did arise to the rude and credulous Cōmon-people Therefore partly imitating the example of the well-governed Cities and other Nations inclined thereunto at the request of the grave Men and Doctors John Chambre Thomas Linacre Ferdinand de Victoria his Physicians of Nicholas Hatswel John Francisco and Robert Yoxley Physicians and chiefly of the right Reverend Father in Christ and Lord Thomas titled of the Holy Church beyond Tyber Priest of the most Holy Church of Rome Cardinal of York Arch-Bishop and our Well beloved Chancellor of our Kingdom of England A College perpetual of Doctors and Grave Men who Physick in his City of London and the Suburbs and within 7. Miles from the said City every way might publickly exercise he Willed and commanded to be instituted to whom for his honour and in the name of the publick good and care as he hoped the ignorance and rashness of the malitious which he remembred as well by their example and gravity to deterr as by his Lawes late made and and by Constitution to be made by the same College to punish Which that they might more easily well accomplish to the remembred Doctors John Chambers Thomas Linacre Ferdinand de Victoria his Physicians Nicholas Hatswel John Francisco and Robert Yoxley Physicians he granted that they and all Men of the same faculty of and in the City aforesaid should be in deed and Name one Body and Comminalty perpetual or College perpetual and that the said Comminalty or College every yeer for ever might chose and make of that Cōminaltie any diligent man and skilful in the faculty of Physick to be President of the said College or Comminalty to oversee rule and govern for that yeer the College or Comminalty aforesaid and all men of the said faculty and their businesses And that the said President and College or Comminalty should have perpetual succession and a Common Seal to serve for the businesses of the said Comminalty and President for ever And that they and their Successors for ever should be persons able and capable to purchase and possesse in Fee and for ever Lands Tenements Rents and other possessions whatsoever He also granted to them and their Successors for him and his Heirs That they and their Successors might purchase to them and their Successors aswell in the said City as out of it Lands and Tenements whatsover not
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
the 8th the 11th at Pettesâ—o aforesaid By her certain Writing of Release which the said Warden or Rector and Scholars with the Seal of the aforesaid Sibil sealed here in Court bring whose date is the same day and yeer remised released and altogether for her and her Heirs for ever quit claimed to the aforesaid Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor then of the Mannors aforesaid with the appurtenances in form aforesaid being seized in their full and peaceable possession then being their Heirs and Assignes for ever All her Right Claim Title Use Interest and Demand which ever she had now hath or at any time after might have of and in the Mannors aforesaid with the appurtenances And further the said Sibil by her aforesaid Writing granted for her and her Heirs That she the said Sibil and her Heirs the Mannors aforesaid with the appurtenances to the said Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor their Heirs and Assignes against the then Abbot of Westminster and his Successors would warrant and for ever defend as by the said Writing of Release more fully appeareth And this the said Warden or Rector and Scholars are ready to averr whereupon they demand Judgement if the aforesaid Robert Chamberlain against the aforesaid Writing of Release the said Warranty of the said Sibil his Ancestor whose Heir the said Robert is in it contained his Action aforesaid against them ought to have c. And the aforesaid Robert Chamberlain saith that he for any thing before alleged to have his Action aforesaid ought not to be barred because he saith That long before the aforesaid Deed and before the aforesaid Alured Richard Danvers Nicholas Stathum and William Collow had any thing in the Mannors aforesaid with the appurtenances The aforesaid Richard Chamberlain was seized of the aforesaid Mannors with the appurtenances in his Demesn as of Fee And the said Richard so thereof being seized before the gift aforesaid that is to say the 12th day of June in the yeer of the Lord Edward late King of England the 4th after the Conquest the 11th The aforesaid Richard Danvers Alured Cornburgh Nicholas Stathum and William Collow out of the Court of the Chancery of the said late King Edward the 4th at Westminster in the County of Middlesex then being brought and prosecuted a certain Writ of the said late King Edward the 4th of Right against the said Richard Chamberlain then being Tenant of the Free hold of the Mannors aforesaid with the appurtenaces amongst other things to the then Sheriff of the County of Buckingham directed By which Writ the said late King then and there commanded the said Sherif That he should command the said Richard Chamberlain by the name of Richard Chamberlain Esq that justly and without delay he render to the said Richard Danvers Alured Nicholas and William by the names of Richard Danvers Alured Gorneburgh Esq Nicholas Stathum and William Collow the Mannor aforesaid with the appurtenances amongst other by the names of the Mannors of Pettesho and Eckney with the appurtenances 6. Messuages 200. Acres oâ— Land 20. Acres of Medow 200. Acres of Pasture 100. shillings Rent with the appurtenances in Pettesho Eckney Emberton which he claimeth to be his Right Inheritance And whereupon they complained Chamberlain them unjustly deforced and unlesse he do and the aforesaid Richard Danvers Alured Nicholas and William Collow should him the said Sheriâ— secure to prosecute their claim That then he summon by good summoners the aforesaid Richard Chamberlain that he be before the then Justices of the said late King Edward the 4th here that is to say at Westminster aforesaid from the 15. day of St. John the Baptist then nexâ— following to shew wherefore ye shoâ—ld not do And that he have then this summons and that Writ Because Thomas Rokes Esq Chief Lord of the same Fee remised thereof his Court to the said late King Edward the 4th At which 15. dayes of John the Baptist before Thomas Brian Kt. and his Companions then Justices of the said late King Edward the 4th of the Bench here that is to say at Westminster aforesaid came aswell the aforesaid Richard Danvers Alured Nicholas Stathum and William Collow by Thomas Gurney their Attorny as the aforesaid Richard Chamberlain by John Wildstall then his Attorny And then the Sherif of the aforesaid County of Buckingham that is to say Reginald Gray Esq then there returned the Writ aforesaid to him in form aforesaid directed in all things served and executed and sent that the aforesaid Richard Danvers Alured Nicholas and VVilliam Collow found to the said then Sherif sureties to prosecute his Writ aforesaid that is to say Richard Doo and Iohn Roo And that the said Richard Chamberlain was summoned by Iames Tye and Iohn Baker good summoners c. And hereupon The said Richard Danvers Alured Nicholas Stathum and William Callow by the said Thomas Gurney their Attorney in the said Court of the aforesaid late King Edward the 4th of the Bench here that is to say at Wostminster aforesaid at the 15. dayes aforesaid of St. Iohn Baptist Declared against the said Richard Chamberlain of and upon their Writ aforesaid and upon their Writ aforesaid by the same Thomas Gurney demanded against the aforesaid Richard Chambrlain the Mannors Tenements Rents aforesaid with the appurtenances in the said Writ of Right specified as their Right and inheritance by the aforesaid Writ of the said late King Edward the 4th because the aforesaid Thomas Rokes Chief Lord of the same Fee Released thereof his Court to the said late King And whereupon then they said That they themselves were seized of the Mannors aforesaid and of the Rents aforesaid with the appurtenances in the said Writ of Right specified 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 the profits therof to the value c. And that such is their Right then they did offer c. And the aforesaid Richard Chamberlain by the aforesaid John Wildstaâ—e by his Attorny came and 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 c. And all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified and then vouched hereof to warranty Robert King who was present in the same Court in his proper person and willingly the Mannors and Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified to them then did warrant c. Whereupon the aforesaid Richard Danvers Alured Nicholas and William then demanded against the aforesaid Robert Tenant by his warranty the Mannors Tenements and Hereditaments aforesaid in the said Writ of Right specified in form aforesaid c.
the time whereof the memory of men is not to the contraryâ— was an antient City And that within the City aforesaid all the time aforesaid there was a Court of Record holden in the Compter situate in the Parish of St. Michael in VVoodstreet aforesaid before one of the Sherifs of the City aforesaid for the time being And that within the City aforesaid there is such and from the whole time aforesaid there was such a Custom That in the aforesaid Court All and singular persons from the whole time aforesaid were used to levy Plaints of Pleas of Debt amounting to whasoever sum against any person whomsoever and to cause the same Plaints to be entied in a Book of the Porter of the Compter aforesaid and that from the whole time aforesaid there was and is a Porter of the Compter aforesaid which Porter of the Compter aforesaid for the time being from the whole time aforesaid was an Officer of one of the Sherifs of the City aforesaid to enter Plaints in form aforesaid levyed in the book of the Porter of the Compter aforesaid against any person whasoever at the sute of any person whatsoever in Pleas of Debt amounting to what sum soever in a certain short and summary manner And that the Plaints aforesaid in the Book of the Porter aforesaid entred from the whole time aforesaid used to be transferred and entred of Record in the Rolls of the Court aforesaid in due form of Law within reasonable and convenient time after the entry of the same in the Book of the Porter aforesaid And that in the City aforesaid there is and for the whole time aforesaid there was a Custom That any person being a Sergeant at Mace of the said Sherif and Minister of the Court aforesaid at the request of the party whose Plaints so are levied of Office it was used after the Entry of the same Plaints in the Book of the Porter aforesaid aswell before the Entry of the same Plaints in the Rolls of the Court aforesaid as after the Entry thereof in the Rolls of the Court aforesaid to take and arrest by his Body any such person against whom such Plaints was levied to answer to the Plaint of such person without any other Command by word of mouth or otherwise to such Sergeant at Mace and Minister of the Court aforesaid in that behalf directed or to be directed And the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Saturday the 17th day of November in the yeer of our Lord 1610. The aforesaid Robert Radford Citizen of London requested the aforesaid Richard Fells then one of the Sergeants at Mace of the said Richard Pyot then one of the Sherifs of the City aforesaid That he the said Richard Fells would cause to be levied a Plaint of Debt of 500. pounds in the Comptor aforesaid at the Sute of the said Robert Radford against the aforesaid John Murray Esquire and thereupon would arrest the aforesaid John Murray to answer to the aforesaid Robert Radford in the Plaint aforesaid And the said Richard Fells thereupon was at the said Compter in the Parish of St. Michael in Woodstreet aforesaid and there the said 17th day of November in 8th and 44th years aforesaid caused to be levied a Plaint of Debt of 500. pounds against the aforesaid John Murray at the Sute of the aforesaid Robert Radford which Plaint then was entred in the Porters Book of the Compter aforesaid as in the like cases usually it is and according to the Custom aforesaid in these words ss John Murray Esquire against Robert Radford Salter Debt 500. pounds Pledges Fleat Streat by Robert Fells Sergeant Which Plaint afterwards was entred of Record in the Rolls of the Court of the Compter aforesaid in these words ss Saturday the 17th day of November in the yeer of the Reign of King James of England France and Ireland 8th and of Scotland the 44th John Murray Esquire S. against Robert Radford Salter in a Plea of Debt upon demand 500 pounds Pledges of following the Sute John Fleat and Richard Streat by Fells Sergeant c. But the Jurors aforesaid upon their Oath say That the Entry aforesaid in the Rolls of the Court aforesaid made was upon Monday the 19th day of November in the yeers 8th and 44th aforesaid and not before And that the said Richard Fells upon Sunday the said 18th day of November with 3. other Officers in his Company stayed about the Gate called Ludgate within the Liberties of the City aforesaid by virtue of the Plaint aforesaid to arrest the aforesaid John Murray as he should passe by And afterwards when the said John Murray between the hours of 5. and 6. in the Afternoon of the said 18. day of November walked and passed by and through Ludgate aforesaid in the Common Kings High-way with 6. other Persons in his Company the said Persons being armed The said Richard Fells then being one of the Sergeants at Mace of the said Richard Pyot then one of the Sherifs of the City aforesaid sworn and known and Minister of the Court aforesaid neer Ludgate in the said Common Kings High-way in the aforesaid Parish of St. Martin Bowyer Row in the aforesaid Ward of Farrington within London aforesaid came to the said John Murray and him the said John then and there within the Armes of the said Richard by virtue of the premises took and held and to the said John Murray as in the words following presently said I him the said Richard Fells meaning Arrest you meaning the said J Murray in the Kings Name at the sute of Mr. Radford the said â— Radford in the Plaint aforesaid named meaning But the said Jurors say That the aforesaid Richard Fells at the time of the Arrest aforesaid did not shew to the said John Murray any Warrant or his Mace but say That the aforesaid Richard Fells then carried and had at the back of the said Richard his Mace and that none of the Officers aforesaid who came in the Company of the said Richard Fells any Weapen then had And the said John Murray looking about him and striving with the said Richard â—ells theâ— and there said to those persons who came in the Company of the sâ—id John Murray in these English words Draw Draw Rogues upon which the said John Mackal otherwise Mackalley and John Engles otherwise English then and there being in the Company of the said John Murray drew their Rapiers And the said Richard Fells then being fallen upon the ground and the said Richard Fells lying uppermost The said Joh. Mackall otherwise Mackalley with his Rapier drawn run to the said Richard Fells then and there to rescue the said Murray from the Arrest aforesaid and with his Sword aforesaid the said Richard Fells struck and thrust in giving unto the said Richard Fells in and upon the left part of his Body under the left shoulder blade of the said Richard the stroak and mortal wound in the Indictment aforesaid
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
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
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
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
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
consent and agreement do covenant and grant to and with the said Thomas Ovington and Thomas Diggss their Heirs and Assigns by these presents that from the time of the Inrollment of this present Indenture in the Queens Majesties Court of Chancery that all and every the said use and uses considerations and intent in any wise limitted declared and mentioned in the abovesaid Indenture in these presents above comprised and for and as concerning all and singular their Manors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in any wise mentioned meant comprised and specified in the abovesaid Indenture in these presents above comprised except or Meadow lying and being in the Parish of Bishopsborne in the said County of Kent contayning by estimation or thereabouts and now or late in the occupation or possession of one Vincent Edley or of his Assigns shall be utterly void and frustrate and be determined and ended and that the said Christopher Digges and his heirs and all and every person and persons which now stand and be seised or at any time hereafter shall stand and be seised of and in all and singular the said Mannors Messuages Lands Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances or any parcel thereof in any wise mentioned meant comprised or specified in the abovesaid Indenture in these presents comprised except before excepted shall from the time of the Inrolment of these presents stand and be seised of and in all and singular the said Manors Messuages Lands and Tenements Rents Reversions Services and Hereditaments whatsoever with the appurtenances in the said former Indenture or in these presents meant contained or specified and of and in all and every part and parcel thereof except before excepted to the only use of the said Christopher Digges his Heirs assignes for ever to no other use or uses purposes or intents In witness whereof the parties abovesaid to these present Indentures their Seals enterchangeablie have set dated the day and yeer first above written as by the said other Indenture further recited more fully appeareth And the aforesaid Christopher Digges the Father so as before is said of the Manors Messuages Lands Tenements and Hereditaments aforesaid with the appurtenances in the aforesaid Indenture bearing date the 20th day of September in the 13th yeer abovesaid as the same requireth being the said Christopher Digges the Father afterwards and before the day of the being of the Monstrans de droâ—t within written that is to say the 20th day of October in the yeer of the Reign of the said Lady the Queen that now is the 14th By another certain Indenture between the said Christopher Digges the Father of the one part and Richard Gaunt Gentleman and Lawrence Applegate of the other part made one part of which with the Seal of the said Christopher to the Jurors aforesaid in evidence was shewed whose date is the same day and yeer covenanted and granted for him and his Heirs to and with the aforesaid Richard Gaunt and Lawrence Applegate in manner and form as in the Indenture aforesaid is conteyned the Tenor of which followeth in these words Thiâ— Indenture made the 25th day of ctober in the 14th yeear of the Reign of our Soveraign Lady Elizabeth by the gâ—ace of God Queen of England France and Ireland defender of the Faith c. Between Christopher Digges of Barham in the County of â—ent Esquier on the one party and Richard Gaunt of the City of Canterbury Gentâ—emâ—n and Lawrence Applegate of the Parish of Saint George of the same City Draper on the other party Witnesseth That it is Covenanted granted condescended and agreed by all the parties to these Indentures by these presents in maner and form following that is to say that first the said Christopher Digges for him and his Heirs Executors and Administrators doth Covenant and grant to and with the said Richard Gaunt and Lawrence Appâ—egate their Executors and assigns by these presents that he the said Christopher and Martha his Wife before the end of this Instant Term of Saint Michael upon the writ of Covenant to be persued by the said Richard and Lawrence out of the high Court of Chancery and retornable before the Queens Majesties Justices of the common plea at Westminster shall acknowledge and levy a fine of all those the Manors Lands Tenements Meadows Marshes Pastures Feedings Woods Underwoods Rents and Services to any the same Manors appertaining or in any waies belonging set lying and being in the Parishes of Barham Kingstone Bishop Borne Patiâ—chborne Littleborne Wellborne Sturrey Harrisham Saint Stephens Hackington Netherherds Lenham Brensted in the County of Kent and also all other the Lands Tenements whatsoever which he the said Christopher Dighes now hath or late had in the same County and that by he names of Owtelmestone Mayton Hackington and Yokes Court with the appurtenances 40 Messuâ—ges 20 Tofts 1 Mill 3 Dovehouses 20 GardeÌ„s 10 Oâ—châ—rds 1000 Acres of Land 100 Acres of Meadow 100 Acres of Pasture 600 Acres of Wood 10 Acres of Heath Furze 5 pound Rent the Rent of 10 Quarters of Barley with the appurtenances in Barham Kingstone Bishopsborne Bridge Patricksboone Littleborne Wellborne Sturrey St. Stephens Hackington Netherherds Lenham Harrisham Frensted Sutton Repple and Sholden and nevertheless it is covenanted granted and agreed between the said Christopher Digges Rich Gaunt Lawrence Applegate they their Heirs Executors Assignes do covenant and grant by these presents to and with the said Christopher Digges his Heirs Executors and Assignes in form following that is to say that the same Fine and the use and execution of the same as to the Manor of Yokes Court with the appurtenances and one Messuage called Fokeham 500 Acres of Land Meadow and Pasture by estimation be it more or less with the appurtenances set lying and being in the parishes of Fremsted Lenham Harrisham in the County of Kent aforesaid 160 Acres of Land Meadow and Pasture in the Parish of Netherherds Nackington and Patricksborne in the said County And all those Lands arable and Pasture conteyning by estimation 200 Acres called Gore and Ilding lying and being in the Parishes of Barham and Kingstone now late in the 〈◊〉 of James Herenge and John Nethersale or of their assigns all Woods Wood-Lands Underwoods Courts Rents perquisites of Court to all the same only excepted shall be to the use of the said Christopher Digges and Martha and the Heirs and Assignes of the said Christopher Digges for ever And that the said Fine use and execution thereof as well to the said Manors of Owtelmestone Mayton and all the Lands Meadows Marshes Feedings Woods Underwoods Rents and Services to the same Manors or any of them belonging or in any wise appertayning and also all other the Lands Messuages Tenements Meadows Pastures Marshes Woods Underwoods and other Hereditaments whatsoever above in these presents specfiâ—ed mentioned or comprised the
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
of England who should be Inheritable to the Kingdom of England should be Duke of Cornwall and that the Dutchy of Cornwall should be from thenceforth to the Eldest Son of the Kings of England who should be next Heir of the aforesaid Kingdom And that the aforesaid Eldest Son of the Kings of England should have and enjoy towards their Maintenance and support of their Princely State All the whole Dutchy of Cornwall and all Castles Honours Lordships Manors Lands Tenements and all and singular Hereditaments to the said Dutchy belonging or appertaining or reputed or taken to be part parcel or member of the same Dutchy And whereas the said late King Edward the 3d. in the aforesaid Parliament in the yeer of his Reign the 11th aforesaid by his certain Charter with the common Assent and Counsel of the Prelates Earls Barons others of the said Knigs Council in the said Parliament called together And by Authority of the said Parliament had given to Edward then Earl of Chester his Eldest Son the name and Honour of Duke of Cornwall and him in the Dutchy of Cornwall established And by the same his Charter with the common Assent and Counsel aforesaid gave and granted to the said his Son in the name of the Dutchy aforesaid and under the name and Honour of Duke of the said place amongst other things The Castle of Wallingford with its Hamblets and members and the yeerly Farm of the Town of Wallingford with the Honours of Wallingford of St. Walerico with the Appurtenances in the County of Oxford and other Counties wheresoever the said Honors were To have and to hold to the same Duke and of him and his Heirs Kings of England Eldest Sons of the same place Dukes in the Kingdom of England inheritable successively together with Knights Fees Advowsons of Churches Abbies Priories Hospitals Chapels and with Hundreds Fishings Forrests Chases Parks Warrens Fairs Markets Liberties Free Customs Wards Reliefs Escheats and Services of Tenants as well free as villains and all other things to the aforesaid Castles Towns Honors Lands and Tenements howsoever belonging or appertaining of the aforesaid King Edward the 3d. and his Heirs for ever And the said late King Edward the 3d. by his Charter aforesaid in Parliament aforesaid with the common Consent aforesaid and by Authority of that Parliament the aforesaid Castle of Wallingford and other the premises with their Appurtenances amongst other things to the said Dutchy annexed and united to remain to the said Durchy for ever So as from the said Dutchy at any time by no means they be separated nor to any other or others then to the Dukes of the same place by the aforesaid late King or his Heirs should be given or any wayes granted so also that to the aforesaid Duke other Dukes of the same place derasing and to the Son or Sons to whom the aforesaid Dutchy by colour of the Grants aforesaid it should belong not appearing the said Dutchy with the aforesaid Castle and other the premises being granted to the aforesaid late King or his Heirs Kings of England should retorn in the Hands of him the said late King and of his Heirs Kings of England to be holden until any of such Son or Sons of the said Kingdom of England Heirs successive should appear as is aforesaid to whom successively the said Dutchy with the Appurtenances the aforesaid late King for him and his Heirs granted and would to be delivered to be holden of the said King and his Heirs for ever And whereas likewise By a certain Act made in Parliament of the Lord Henry late King of England the 8th holden at Westminster aforesaid that is to say in the second Session of the same Parliament begun and holden the 12th day of April in the yeer of the Reign of the said Lord late King Henry the 8th the 31th and by diverse Prorogations continued until the 25th day of May in the yeer of the Reign of the said late King Henry the 8th the 32th and from thence holden and continued until the dissolution of the said Parliament the 24th day of July in the 32th yeer aforesaid Reciting That whereas in the Parliament holden in the 11th yeer of the Reign of the late King of famous Memory King Edward the 3d. amongst other things established It was Enacted and Ordained That the Eldest Son of the King of England who should be Inheritable to this Kingdom of England should be Duke of Cornwall and that the same Dutchy of Cornwall should ever be to the Eldest Son of the King of England who should be next Heir of the said Kingdom And that he should have and enjoy towards the Mainteinance and support of his Princely Estate the whole Dutchy of Cornwall and all Honours Dominions Manors Lands Tenements and all other Hereditaments belonging or appertaining to the said Dutchy or reputed or taken to be part parcel or Member of the said Dutchy And for that The Honour and Castle of Wallingford in the County of Berks then was long time had been part and parcel of the Inheritance and Possessions of the said Duke of Cornwall and reputed and taken to be a member of the said Dutchy Which Manor and Castle lay neer to the Manor of the said late King Henry the 8th of Newelm otherwise Ewelm in the County of Oxford and was very commodious decent and pleasant of the said late King Henry the 8th In consideration whereof and for other urgent causes the said late King Henry the 8th especially moving It was Enacted and Ordained by the Authory of the same Parliament of the said late King Henry the 8th That the said Honour and Castle of Wallingford and all Dominions Manors Land Tenements and Hereditaments whatsoever they should be being parts parcels or members of the said Honour and Castle or appendant or belonging to the said Honour and Castle or to any Lordship or Manor to the same appertaining or reputed or taken to be part or parcel of the said Honor and Castle or any member thereof should be from thenceforth for ever by authority of the said Parliament severed disannexed and dismembred from the said Dutchy of Cornwall and should not be in any manner from thence after reputed called accepted or taken by the name of the Honour of Wallingford nor be any part parcel or member of the said Dutchy of Cornwall And that the aforesaid Manor of the said King of Newelm otherwise Ewelm from thence for ever after should be named called accepted and be reputed and adjudged to be the Honour of Newelm otherwise Ewelm And that the said late King Henry the 8th should have and enjoy the like Liberties Franchises Privileges Royalties and Jurisdictions as well in the aforesaid honour of Newelm otherwise Ewelm as in the aforesaid Mannors Castle Lands Tenements and Hereditaments being part parcel or member of the said Honor of Wallingford to all intents purposes as were in any manner belonging apertaining or used in or to the
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
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 his Serjant at Arms Attendant upon his Chancellor of England for the time being and had made Ordained and Constituted by his said Letters Patents him the said Richard his Serjeant at Arms for the term of his life And moreover by his said Letters Patents had given and granted to the aforesaid Richard Hatchman for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have hold and receive yeerly the said Wages and Fee of 12. pence by the day for the term of his life from the time of the death of his Serjâ—â—nt at Arms which should next dye of the issues and profits of the Hamper of the Chancery eâ—â—her by the Hands oâ— the Clerk or the Keeper of the said his Hamper for the time being at the Feasts of Saint Michael the Archangel and Easter by equal portions yeerly to be paid with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed as by the said Letters Patents more fully appeareth And because the said Richard Hatchman is now willing to deliver up the aforesaid Letters Patents in our Chancery to be cancelled Which Letters Patents there now are cancelled as we have certain Knowledge to the intent that we would be gratiously pleased to grant to our well Beloved Mark Steward Gentleman other Letters Patents of the premises We therefore taking Consideration of the premises Of our special Grace certain Knowledge and meer Motion have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen do give and grant to the said Mark Steward the aforesaid Office of our Serjant at Arms Attendant upon our Chancellor of England for the time being And him the said Mark our Serjeant at Arms do make Ordain and Constitute by these presents To have and enjoy the said Office to the said Maâ—k Steward for the term of his life And moreover we have given and granted and by these presents for us the Heirs and Successors of the said Lady the Queen we do give and grant to the aforesaid Mark Steward for the exercising and holding the Office aforesaid the Wages and Fee of 12. pence by the day To have enjoy and perceive yeerly the said Wages and Fee of 12. pence by the day to the aforresaid Mark for the term of his life of the issues and profits of our Hamper of our Chancery by the Hands of the Clerk or Keeper of the said our Hamper and the Heirs of our said Lady the Queen for the time being At the Feast of Saint Michael the Archangel and Easter by equal portions yeerly to be paid together with all other Profits Commodities Emoluments Allowances and Advantages to the said Office any wayes anciently due and accustomed c. Although the certain expresse mention of the premises or any of them or of other gifts or grants by us or by any of our Progenitors to the aforesaid Mark Steward before this time made in the premises there is not made or any Statute Act Ordinance Provision or any other thing cause or matter whatsoever in any thing notwithstanding In Witnesse whereof these our Letters we have caused to be made Patents Witnesse our selfs at Westminster the 23th day of September in the yeer of our Reigns the third and 4th By Colour of which Letters Patents the said Mark Steward well and truly to execute the said Office was sworn And further the said Jurors say That the last day of November in the year of the Reign of the Lady the Queen that now is the 11th The said Lady the Queen at the humble Petition and request of the Right Honourable â—ord the Earl of Leicester and Robert Huyck Doctor of Physick granted that the said Mark Steward might absent himself from the exercising of his Office of Sergeant at Arms Attendant in his proper person upon her Chancellour of England for the time being during the good pleasure oâ— the said Mark until the said Lady the Queen should command him to serve in his Office aforesaid as by the deposition of the said Robert â—uyck and by a certain Letter under the proper hand writing of the said Earl of â—eicester which we found to be true in these English words following here unto the Court to the Jurors aforesaid in evidence given and shewed it more fully appeareth The Deposition of which Robert Huyck followeth in these words That is to say I was an humble Suter unto her gracious Majesty about ten years past that she would licence Mark Steward Serjeant at Arms Attendant upon the then Lord Keeper to give off his attendance in his own person to the end he might withdraw himself into the Country to play the good husband in his own house so long only as she should permit him and not recall him to his former attendance and the Office should be served otherwise to her Majesties contentation and the Lord Keepers well liking the which my Suâ—e she did very graciously grant me And after that upon the Lord Keepers praising Augustine Steward I commended him to the Queen as one very fit to discharge his brothers absence with his attendance I did sue to my Lord of Leicester and divers other of the Lords to speak in my behalf for the furtherance of the sute so in the end the Queen said I do like well and am right well content that Mark Steward do cease from his Waiting untill We shall Resolve otherwise And if his Brother be found sit he shall serve in his place during the time of his absence which Letter subscribed under the proper hand writing of the said Earl of Leicester followeth in these words To my very good Lords the Lord Chancellor and the Lord Chief Justice of England and to either of them ss After my most hearty commendations to your Lordships This Bearer Mark Steward hath earnestly besought me to advertise your Lordships of my knowledge touching her Majesties leave for the said Stewards not attendance to his Office of Sergeant-ship Wherein this is very true that about Michaelmass as I take it in the 10th year oâ— her Majesties Reign the Court being then at Windsor Mark Steward both himself and his friends for that he had a desire to remain in the County earnestly travelled with me to be his mean for the obtaining of her Majesties good leave and favour that without any prejudice for not attending he might at his pleasure so do and for the supplying of his place which he had to serve about the late Lord Keeper of the Great Seal as Serjeant at Arms he acquainted me with the good liking and contentation my said Lord Keeper had to have a Brother of his to attend in his place To which also I gave my best furtherance afterwards Whereby her Majesty pleased both to grant her favourable License to Mark Steward for his absence and to allow his brother to supply his place who was accordingly
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
and 1000. Acres of Land 2000. Acres of Pasture 300. Acres of Meadow 300. Acres of Wood with the Appurtenances in Broadhinton in the said County of Wilts And all those his Manors Lordships of Campes otherwise Camps Castle otherwise called Castle Camps with the Appurtenances situate lying and being and extending into the Counties of Cambridge and Essex or either of them or elsewhere within the Realm of England And also all that his Manor of Balsham in the County of Cambridge with all and singular the Rights Members Appurtenances thereof whatsoever And all those his Messuages and Lands situate lying and being in the Parishes of Hackney and Tottenham in the County of Middlesex or in either of them with their and either of their Rights Members and Appurtenances whatsoever which said last mentioned Messuage was lately purchased of Sir William Bowyer Knight and the Lands in Tottenham now are or late were in the Tenure or Occupation of VVilliam Benning Yeoman And also all and singular the Manors Lordships Messuages Lands Tenements Rents Reversions Services Meadows Pastures Woods Advowsons Patronages of Churches Liberties Priviledges Franchises and other Hereditament whatsoever of the said Thomas Sutton situate lying and being or to be had taken and enjoyed within the said County of Essex Lincoln Wilts Cambridge and Middlesex or in any of them with all and every their Rights Members and Appurtenances whatsoever And all Letters Patents Indentures Deeds Charters Extents Court Rouls and other Writings Minuments and Evidences whatsoever concerning the premises or any of them or any part or parcel of them or any of them Except and allwaies foreprized out of these presents the Manors or Lordships of Little Hallingbury and Haddestock or either of them or to the said Manors of Little Hallingbury and Haddestock or either of them belonging or appertaining To have and to hold the said Mansion-House called the Charter-House besides Smithfield And all and every the said Manors Lordships Messuages Parks Lands Tenements Reversions Services Advowsons Liberties Franchises Priviledges and Herediataments and all other the premises with their and every their Members and Appurtenances except before excepted unto the said Governours of the Lands Possessions Revenews and goods of the said Hospital of King JAMES founded in the Charter-House within the County of Middlesex At the humble Petition and onely costs and charges of Thomas Sutton Esquire and their Successors for ever upon special trust and confidence That all singular the Rents Issues Revenews Cōmodities and profits of all singular the said Manors Houses Lands Tenements Hereditaments and other the premises with their Appurtenances shall be for ever hereafter from time to time truly faithfully and wholy distributed converted and imployed by the said Governours and their Successors to and for the maintainance continuance of the said Hospital and Free-School and of the Master Preacher School-Master Usher poor people Scholars Officers of and in the said Hospital and Free-school for the time being and at all times hereafter and from time to time for ever according to the true intent purport and meaning of the said Thomas Sutton and according to the Tenor and purport of the said Letters Patents and of these presents and to none other trust use confidence interest purpose or imployment whatsoever Yielding and paying therefore yeerly unto the said Thomas Sutton and his Heirs the yeerly Rent of 12. pence at the Feast of the Nativity of Saint John the Baptist yeerly to be paid And when and as of often as the said yeerly Rent of 12. pence shall be behind and unpaid at any Feast whereon the same ought to be paid That then and so often It shall be lawful for the said Thomas Sutton and his Heirs into the pemises and into every or any part or parcel thereof to enter and distrem and the distresse and distresses there taken to take lead and carry away and with him and them to detein until he and they be satisfied of the said Rent and the Arrerages thereof if any may be In witnesse whereof the parties first above named to these present Indentures interchangeably have set their Hands Seals the day and yeer first above written And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Thomas Sutton of the aforesaid premises with the Appurtenances in the County of Middlesex as before is said being seised The said Thomas Sutton after the aforesaid Indenture of Bargain Sale of the premises with the Appurtenances whereof c. by the aforesaid Thomas Earl of Suffolk to the aforesaid Thomas Sutton made and after the Inrollment of the aforesaid Indenture and before the Letters Patents aforesaid by the said Lord the King that now is as is said made and before the aforesaid Indenture made Between the aforesaid Thomas Sutton of the one part And the aforesaid George Arch-Bishop of Canterbury Primiate and Metropolitan of all England and others of the other part bearing date the first day of November in the yeer of the Reign of the Lord the King that now is the 9th abovesaid Appointed one Richard Bird to be Porter of the said Messuage called the late dissolved Charter-House besides Smith-field of the aforesaid Thomas Sutton which Richard Bird continued Porter of the said Messuage after the said Indenture made Between the aforesaid Thomas Sutton of the one part the aforesaid George Arch-Bishop of Canterbury and others of the other part bearing date the aforesaid first day of November in the yeer of the Reign of the said Lord the King that now is the 9th abovesaid until the death of the said Tho. Sutton And further the Jurors say upon their Oath aforesaid That the said Thomas Sutton afterwards and before the time in which c. that is to say the second day of November in the yeer of our Lord 1611. made his Testament and last Will in Writing amongst other things as followeth in these words And my Will and meaning is That unlesse the said Sir Francis Popham the said Lady Ann his Wife do or shall give to mine Executor or Executors A general Acquittance or Release to the elect above mentioned That then as well the said Legacy of 2000. Marks so willed to be given to the said Sir Francis Popham and Ann his Wife as also the other several Legacies given and bequeathed to every of the said Children of Sir Francis Prpham and the Lady his Wife shall remain and be to the use of mine Executor or Executors to be wholly disposed and given by them within one whole yeer after my decease yeerly to the mending of the High-wayes and partly to poor Maids Mariages and partly to the Releasing of poor men that lie in Prison for Debt and partly to the poor people of my intended Hospital when it shall please God it be established and erected Also I give for and towards the building of my intended Hospital Chapel and School-house the sum of 5000. pound Item I
said Lady the Queen of the Bench here at Westminster in Easter Term in the yeer of the Reign of the said Lady the Queen the 30th abovesaid before the then Justices of the said Lady the Queen of the Bench here as the deed of the said William Haw by him the said William acknowledged and within 6. Moneths then next following that is to say the same Easter Term in due manner in the said Court of Record inrolled according to the form of the Statute in such case made and provided for and in consideration of 120. pound to the said William by the said Richard before that time paid bargained and sold to the said Richard amongst other things the Reversion aforesaid To have and to hold to him and his Heirs for ever By Colour of which Bargain and Sale and Inrollment aforesaid and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th holden at Westminster in the County of Middlesex the 4th day of February in the yeer his Reign the 27th Of transferring of uses into possession the aforesaid Richard was and yet is seised of the Reversion aforesaid in his Demesn as of Fee And the said Richard so thereof being seised and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances to her in form aforesaid granted being possessed The said Elizabeth did waste spoyle and destruction of the Lands that is to say in digging in 10. Acres of Land in Goring aforesaid parcel of the Tenements aforesaid to the aforesaid Robert demised 100. loads of Clay taking for the price of every load of Clay thereof 8. pence and cutting down and selling of the Woods also in a certain Wood called Heighgrove containing 10. Acres of Wood with the Appurte in Goring aforesaid and parcel of the Tenements aforesaid with the Appurtenances to the said Robert above in form aforesaid demised 20. Oaks the price of every Oak 5. shillings through the said whole Wood here and there growing and in a certain other Wood called the Hedge Row lying in Goring aforesaid near the aforesaid Wood called Heighgrove in Goring aforesaid parcel of the Tenement aforesaid with the Appurtenances in form aforesaid to the aforesaid Robert demised 40. Oaks the price of each of them 6. shillings through the said whole Wood here and theregrowing and in a certain Coppice called Home Coppice in Goring aforesaid parcel of the aforesaid Tenements with the Appurtenances to the said Robert in form aforesaid above demised 100. Oaks price of each of them 10. shillings in the said Coppice called Home Coppice late growing here and there And in 20. Acres of Pasture called the Hanging in Goring aforesaid lying there bebetwixt a certain Close called High grove hill and another Close called Dicker grove hill that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised 10. Oaks price of each of them 6. shillings Six Ashes price of each of them 5. shillings and 10. Beeches price of each of them 6. shillings in the aforesaid 20. Acres of Pasture likewise late here and there growing and in a certain Hedge of a certain Close called Home field in Whitchurch aforesaid that is to say parcel of the Tenements aforesaid with the Appurtenances to the aforesaid Robert in form aforesaid demised lying near unto a Wood called Hawes Coppice 3. Oaks price of each of them 10. shillings and one Beech price 10. shillings and in a certain other Hedge of the Close aforesaid called Home field in VVhitchurch aforesaid that is to say parcel of the Tenements aforesaid to the aforesaid Robert in form aforesaid demised lying near to the aforesaid Wood called Home Coppice 10. Oaks price of each of them 20. shillings and also in suffering the sprouts of the Roots of 20000. other little Oaks called Oakesciapling of 20000. Beeches and 200. Ashes to the value of 20. pound in the said Wood called Heigh grove and 10000. of other little Oaks called Oakesapling 10000. of Beeches and 100. of Ashes to the value of 20. pound in the aforesaid Wood called the Hedge Row and 10000. of Oaks 10000. of Beeches and 200. of Ashes in the aforesaid Coppice called Hawe Coppice by the said Elizabeth through the whole Woods here and there growing to be cut and to be eaten and utterly destroyed and wasted with Cattel to the dissenherisin of the said Richard and against the form of the Provision aforesaid Whereupon he saith he is the worse and hath damage to the value of 200. pound and thereof he bringeth Sute c. And the the aforesaid Elizabeth by Ralph Burges her Attorny cometh and desendeth the force and injury when c. And whatsoever c. And saith that the aforesaid Richard his Action against her ought not to have Because she saith That well and true it is That the aforesaid William Haw was seised of the Tenements aforesaid with the Appurtenances in his Demesn as of Fee and being thereof so seised the aforesaid 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 29th abovesaid By his Indenture demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances except before excepted To have and to hold to him and his Assigns from the aforesaid Feast of the birth of our Lord then last past until the end and Term of the aforesaid 16. yeers then next following and fully to be compleat and ended By virtue of which demise the aforesaid Robert into the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the aforesaid 20th day of August abovesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid premises with the Appurtenances above demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised entred and waâ— thereof possessed as the aforesaid Rich. by his Declaration above supposeeth But the said Elizabeth further saith That the said Elizabeth of the Tenements aforesaid with the Appurtenances above demised in form aforesaid being possessed and the said William Haw of the Reversion thereof being seised in his Demesn as of Fee after the aforesaid 7th day of May in the 30th yeer aforesaid and before the aforesaid Indenture of Bargain and Sale Between the aforesaid William of the one part and the aforesaid Richard of the other part made in the Court of the Lady the Queen of the Bench in form aforesaid was inrolled A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here that is to say at WESTMINSTER aforesaid from the aforesaid day of Easter in 15. days in the yeer of her Reign the 30th abovesaid before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said
the aforesaid Nicholas Evan and Thomas Hartop did not infeoff the foresaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also That the aforesaid Sibil for the better security of the aforesaid Richard Lyster Martin John Cottesford Iohn Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the Appurtenances according to Agreement between them the said Edward Sibil first before the aforesaid Recovery above supposed to be had by her Writing of Release aforesaid did not remise and release to the aforesaid Richard Lyster Martin Iohn Cottesford Iohn Clayton William Hogeson and Robert Taylor as the aforesaid Warden or Rector and Scholars above in their Rejoynder have alleged By Protestation also That the aforesaid Edward Chamberlain at the day of the bringing of the Original Writ of the said Nicholas Evan and Thomas Hartop out of the Court of the Chancery of the aforesaid late King Henry the 8th that is to say the second day of Iune in the yeer of the Reign of the same late King the 4th or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances For Plea The said Robert Chamberlain saith That the aforesaid Pâ—eâ— of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is not sufficient in Law to bar him the said Robert from having his Action aforesaid against the aforesaid Warden or Rector and Scholars aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden or Rector and Scholars as for want of sufficient matter in the said Rejoynder contained And this he is ready to aver wherefore for want of a sufficient Rejoynder of the said Warden or Rector Scholars in this part The said Robert Chamberlain as at first demandeth Judgement seisin of the Mannors aforesaid with the Appurtenances to him to be adjudged c. And the Warden or Rector Scholars in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden or Rector and Scholars above by rejoyning have alleged which they are ready to aver which matter the aforesaid Robert doth not deny nor to the same any wayes Answereth so to admit of the same averment altogether refused as at first demand Judgement And that the aforesaid Robert Chamberlain to have his Action aforesaid be barred 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. Hillary to hear their Judgement because that the said Justices here therof not yet c. At which Day come aswell the aforesaid Robert as the aforesaid Warden or Rector Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of upoÌ„ the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until from the day of Easter in 15. Dayes to hear their Judgment therof because the said Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the said Justices here are thereof not yet At which Day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid and because the Justices here will further avise themselves of upon the Premiseâ— before they give their Judgement thereof further day is given to parties aforesaid here until in 8. dayes of St. Michael to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And upon this the premises being seen and by the Justices here fully understood It seemeth to the same Justices here That the Plea of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is sufficient in Law to barr the said Robert to have his Action aforesaid against the aforesaid Warden or Rector and Scholars Therefore it is granted That the aforesaid Robert take nothing by his Writ aforesaid that he be in Mercy for his false Clamour And that the aforesaid Warden or Rector and Scholars go thereof without Day c. Indictment At the Sessions of Gaol Delivery at Newgate 5 to Decembris in the 8 th Year of King JAMES Machalleys Case Co. 9. part fol. 61. b. AT the Sessions of Gaol Delivery of Newgate holden for the City of London at the Justice Hall in the Old Baily in the Parish of St. Sepulchre without Newgate in the Suburbs of the said City upon Wednesday the 5th day of December in the yeer of the Reign of the Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 8th and of Scotland the 44th Before William Craven Knight Mayor of the City aforesaid Thomas Flemming Knight Chief Justice of the said Lord the King to Pleas before the King himself to be holden assigned George Snigg Knight one of the Barons of the Exchequer of the said Lord the King John Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Thomas Foster Knight one of the Justices of the said Lord the King of the Bench Edward Bromley Knight one of the Barons of the said Lord the King of his Exchequer aforesaid John Sotherton another Baron of his Exchequer aforesaid Henry Mountague Knight Recorder of his said City of London and other of his Companions Justices of the said Loâ—d the King by Letters Patents of the said Lord the King to them and others and to any 4. or more of them thereof made To enquire by the Oaths of good and lawful men of the City London aswel within liberties as without by whom the truth of the matter might best be known of what Treasons soever Misprisions of Treasons Insurrections Rebellions And of whatsoever Murthers Felonies Man slaughters Killings Burglaâ—ies Misdeeds Offences and Injuries whatsoever within the City aforesaid committed in the said Letters Patents specified and to the said Treasons and other the premises according to the Law and Custom of the Kingdom of the Lord the King of England to hear and determine As also Justices of the said Lord the King to Gaol delivery of Prisoners there being assigned by the Oaths of Ralph Edmunds Leonard Harwood John Frost Edward Dames John Lyssant Francis Barton Edward Parnell Thomas Hyet Henry Kent Edward Motley
Humphry Lee Richard Westcot William Fairbrother Edward Faweet and Thomas Smith good and lawful men of the City aforesaid It is presented That whereas upon Saturday the 17th day of November in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King defender of the Faith c. the 8th and of Scotland the 44th in the Court of the Lord the King before Richard Pyot Alderman then and as yet one of the Sherifs of the City of London aforesaid in his Compter situate in the Parish of St. Michael in VVoodstreet London aforesaid according to the Custom of the City aforesaid then holden one Robert Radford had leeved a certain Plaint upon a Plea of Debt of demand of 500. hundred pounds against one John Murray of London Esq The Tenor of which Plaint followeth in these words that is to say Iohn Murray summon against Robert Radford Salter in a Plea of Debt upon demand 500. hundred pounds And thereupon the aforesaid Robert Radford demanded processe against the said Iohn Murray according to the Custom of the City aforesaid to be seved Upon which at the Request of the said Robert Radford in this sort in the same Court it was proceeded That the aforesaid Richard â—yot then and yet one of the Sherifs of the City aforesaid To one Richard Fells then one of the Sergeants at Mace of the Sherif and Minister of the Court aforesaid by word of mouth according to the Custom of the City aforesaid Commanded that he the said Sergeant at Mace should take and arrest the aforesaid Iohn Murray by his Body if he should be found within the Liberties of the City aforesaid so as he have the Body of the said Iohn Murray at the next Court of the said Lord the King at the Guild-hall of the City aforesaid situate in the Parish of St. Lawrence in the Old Iury in the Ward of Cheap London aforesaid upon Wednesday the 21. day of November in the 8. and 44th aforesaid to be holden to answer the aforesaid Robert Radford in the Plea of his Plaint aforesaid By virtue of which Command The said Richard Fells The said Iohn Murray afterwards that is to say the 18th day of the said moneth of November in the said yeers of the Lord the King that now is the 8th and 44th abovesaid between the hour of 5. and 6. in the Afternoon of the same day At London aforesaid That is to say in the Parish of St. Martin Bowyer Row in the Ward of Farrington within London aforesaid in the Common Kings high Way there by his Body took and arrested and then and there had in his custody And the aforesaid Iohn Murrey so under the custody of the said Richard Fells by virtue of the Command aforesaid then and there as before is said being It so then and there happened That the said Iohn Murray late of London Esquire otherwise called John Murray of London Esquire one Iohn Mackall late of London Yeoman otherwise called Iohn Maokallay late of London Yeoman one Iohn Engles late of London Yeoman otherwise called Iohn English late of London Yeoman and one Archibald Miller late of London Yeoman not having the Fear of God before their eyes but moved and seduced by the instigation of the Devil with Force and Armes that is to say with Swords c. to the intent him the said Iohn Murray from his arrest aforesaid then and there to rescous in and upon the aforesaid Richard Fells then there made an assault affray in which said affray The aforesaid Iohn Mackall otherwise called Iohn Mackalley with a sword is called a Rapier made of Iron and Steel of the value of 12. pence wherehe the said Iohn Mackall otherwise called Iohn Mackalley in his right hand then and there had and held the said Richard Fells in and upon the left part of his Body under the left shoulder-blade of the said Richard feloniously voluntarily and of malice forethought then and there struck and thrust in giving to the said Richard Fells then and there with the sword aforesaid called a Rapier in and upon the left part of his Body under the left shoulder one blow and wound mortal of the length of half an Inch and of bredth of half an Inch and of depth 6. Inches of which said stroak and mortal wound aforesaid the aforesaid Richard Fells then and there that is to say in the Parish and Ward last aforesaid presently dyed And further The Jurors aforesaid present That the aforesaid John Murray late of London Esquire otherwise called John Murry late of London Esquire The aforesaid John Engles late of London Yeoman otherwise called John English late of London Yeoman and the aforesaid Archibald Miller late of London Yeoman the said 18th day of November in the yeers 8th and 44th abovesaid between the Hours aforesaid in the Parish Ward and place last aforesaid felonionly voluntarily and of their forethought malice were present fighting procuring helping abetting and comforting the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman to the aforesaid Richard Fells in manner and form aforesaid to be killed and murthered And so the Jurors aforesaid say That the aforesaid John Mackall late of London Yeoman otherwise called John Mackalley late of London Yeoman John Murray late of London Esquire otherwise called John Murry late of London Esquire John Engles late of London Yeoman otherwise called John English late of London Yeoman and Archibald Miller late of London Yeoman the aforesaid Richard Fells at London aforesaid that is to say in the Parish and Ward last aforesaid feloniously voluntarily and of their forethought malice in manner aforesaid killed and murthered against the peace of the Lord the King that now is his Crown and dignity c. And upon this at the self same Sessions before the aforesaid Justices the aforesaid John Murray otherwise Murry John Mackal otherwise Mackalley Io. Engles otherwise English Archibald Miller in the Custody of the said Richard Pyot and Francis Jones Sherifs of the City aforesaid being in the Gaol of Newgate aforesaid to the barr there brought in their proper persons came and severally being asked how of the Felony and Murther aforesaid they would acquit themselves Every one of them for himself severally said that he is not thereof guilty And thereof for good and ill severally put himself upon the Country And Richard Langley Esq who in this behalf followeth for the Lord the King likewise Therefore immediatly came a Jury thereof and the Jurors of that Jury by the Sherifs aforesaid of the City aforesaid Impannelled being called that is to say VVil. Morgan Tho. Dalbit Tho. Evans Tho. Austin Solomon Green VVil. Chewn VVilliam Ellil Metcalse Allington Iohn Drake VVil. Taylor Owen Dames and Tho. Damport appeared who to speak the truth of and upon the premises chosen tryed and sworn say upon their Oath That the City of London is and all