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

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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 a●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
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. contin●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
Westminster aforesaid dyed of such his Estate thereof seised After whose death The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof c. descended to the Lord Edward late King of England the 6th as Son and Heir of the aforesaid late King Henry the 8 th By which The said late King Edward the 6 th was seised of the Reversion of the said Manor with the Appurtenances as of Fee and right and so thereof being seised The said late King Edward the 6 th afterwards and before the time in which c. at Westminster afores dyed of such his estate therof seised with out issue of his body issuing After whose death the Reversion of the aforesaid Manor of Abbottesly with the appurtenances descended to the Lady Mary late Queen of England as Sister and Heir of the said late King Edward the 6 th By which the said late Queen Mary was seised of the said Reversion as of Fee and right and so thereof being seised the said late Queen Mary afterwards and before the time in which c. at Westminster aforesaid dyed of such her Estate thereof seised without issue of her body issuing After whose death the said Reversion did descend to the said Lady the Queen that now is as Sister and Heir of the aforesaid late Queen Mary By which the said Queen that now is was seised of the said Reversion as of Fee and right and the said Lady the Queen that now is so thereof being seised and the aforesaid Walter Walsh the Son of the aforesaid Manor of Abbottesley whereof c. in his demesn as of Fee tail in form aforesaid being seised The said Walter afterwards and before the time in which c. at Abbottesley aforesaid dyed of such his Estate thereof seised After whose death The said Manor with the Appurtenances whereof c. did descend to one William Walsh his Son as Son and Heir of the body of the aforesaid Walter VValsh the Son issuing By which the said William afterwards and before the time in which into the said Manor with the Appurtenances whereof c. entred and was thereof seised in his demesn as of Fee tail that is to say to him and the Heirs Males of his body issuing and so thereof being seised The said William afterwards that is to say the third day of July in the year of the Reign of the said Lady the Queen that now is the 30 th at Abbottesley aforesaid by his Indenture of Bargain and Sale between Robert then Earl of Leicester By the name of the Right Honourable Robert Earl of Leicester Baron of Denbigh of the both most Noble Orders of the Garter and Saint Michael Knight Lord High Steward of her Majesties Houshold Lord Chief Justice of Oyer and Terminer of all the Forests of her Majestie and Chaces by South Trent and one of her Majesties most Honourable Privy Councel of the one Part And the afores Willi. Walsh by the name of Will. Wash of Witley in the County of Worcester Esq of the other party made afterwards the 8 th day of the said Month of July according to the form of the Statute in that Case made and provided in the Court of the said Lady the Queen that now is at Westminster aforesaid in the said County of Middlesex then being in due manner of Record Inrolled One part of which Sealed with the Seal of the said William Walsh the said Richard Bushopp here in Court sheweth forth whose Date is the same third day of July in the 30th year aforesaid For and in consideration of a certain sum of Money to the said VVilliam by the aforesaid Earl of Leicester then and there before had paid bargained and sold to the said Earl of Leicester The Wood aforesaid with the Appurtenances in which c. To have and to hold to the said Earl of Leicester his Heirs and Assigns for ever By colour of which aforesaid Bargain and Sale and Inrolment thereof The said Earl of Leicester into the Wood aforesaid with the Appurtenances entred and was thereof seised in his demesn as of Fee and so thereof being seised The said Earl of Leicester afterwards that is to say the 5 th day of Septemb. in the year of the said Lady the Queen that now is the 30th aforesaid at Abbottesley aforesaid dyed of such his Estate thereof seised without issue of his body issuing After whose death the Wood aforesaid with the appurtenances descended to Ambrose then Earl of Warwick as Brother and Heir of the aforesaid late Earl of Warwick By which The said Ambrose Earl of Warwick into the Wood aforesaid with the appurtenances entred and was thereof seised in his demesn as of Fee and so thereo● being seised The said Ambrose Earl of Warwick afterwards that is to say the 24th day of January in the year of the Reign of the ●●d Lady the Queen that now is the 32th at Abbottesley aforesaid By his Indenture between him the said Ambrose Earl of Warwick by the name of the Right Honourable Ambrose Earl of Warwick of the most Noble Order of the Garter Knight of the one part and Edward then Earl of Bedford and William Russel Knight Charles Morrison Knight Ambrose Copinger Esquire by the names of the Right Honourable Edward Earl of Bedford William Russell Knight Charles Morri on Knight Ambrose Copinger Esq one part of wch sealed with the Seal of the said A●brose Earl of Warwick the said Richard Eushop here in Court brings who●e date is the same day and year For and in consideration of the natural entire and cordial love and affection which the aforesaid Ambrose Earl of Warwick then had and bore to his most dear and beloved then wife the said Ann Countess of ●arwick in the Information aforesaid above named Daughter of the Right Honourable Francis Earl of Bedford deceased Grandfather of the said Edward then Earl of Bedford and Father of the said William Russel as for and in consideration of a Mariage before that time had between the aforesaid Ambrose then Earl of Warwick and the aforesaid Lady Ann now Countess of Warwick then his wi●e and for and in consideration of the encrease of the Joynture of the said Ann before that time made in the respect of the aforesaid Mariage in consideration also of the better advancing of the said Ann after the death of the said Ambrose then Earl of Warwick if shee the said her beloved husband should survive to support and sustein her Honourable Estate and to pay such debts which the said Earl owed at the time of his death and also such Legacies as the said Earl by his last Will in writing should bequeath The said Earl Covenanted and agreed for him his Heirs Executors and Administrators to and with the aforesaid Edward Earl of Bedford William Russell Charles Morrison and Ambrose Copinger their Heirs and Assignes and every of them That immediatly from and after the Sealing and delivery of the
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
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 Pe●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 Lyskire●● 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 Ca●eford with the Appurtenances in the County of Dorset and the Manor of H●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 we● Free as V●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 Co●●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 ●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 a● 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
thereof it is recited and specified above alleged which matter the aforesaid Henry Lindley doth not deny nor to the same any waies answereth but that averment to admit utterly refuseth the said Attorny General of the said Lord the King that now is for the said Lord the King that now is demandeth Judgment and that the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the Court of the Lord the King that now is here will avise off and upon the premises before it proceedeth to Judgment thereof day is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King that now is in the said Court here untill in 8. days of St. Hilary next c. wheresoever c. to hear their Judgment thereof because the said Court hereof thereof not yet c. At which day of 8. days of Saint Hillary that is to say at Westminster aforesaid come as well the aforesaid Henry Hobart Knight Attorney General of the said Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid and upon this the Attorny General of the Lord the King that now is as at first demandeth Judgment and that the aforesaid Letters Patents of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances in form aforesaid made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the said Court of the Lord the King that now is here will farther avise before that it proceed to Judgment thereof day farther is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele here untill in 15 days of Easter next c. wheresoever c. to hear their Judgment thereof because the said Court of the Lord the King that now is here thereof not yet c. SCIRE FACIAS Easter Term. 2i Eliz. R●t 1. The Record of the Case of Mark Steward vouched in Co. 9th part in Sr. Georege Reynels Case fol. 99. b. MEmorandum that Thomas Bromley Knight Chauncellor of the Queen Monday next after the Morrow of the Ascension of our Lord this Term before the Lady the Queen at Westminster by his own hand delivered here into the Court a certain Record before the Lady the Queen had in her Chancery in these words Pleas before the Lady the Queen at Westminster in the Term of Easter in the yeer of the Reign of Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. the 21th Middlesex ss It is manifest that the Lord Philip and the Lady Mary late King and Queen of England Sister of the Lady the Queen that now is for them the Heirs and Successors of the said Lady Queen Mary by the Letters Patents of them the said late King and Queen Philip and Mary made under the great Seal of England bearing date at Westminster the 23th day of September in the 3. and 4th yeer of the said late King Philip and Mary gave and granted to one Mark Steward gen the Office of Sergeant at Arms of them the said late King and Queen Philip and Mary attendant upon her Chauncellor of England for the time being and made ordayned and appointed by the said Letters Patents him the said Mark their Sargeant at Arms to have and enjoy the said Office to the said Mark for the Term of his life and that the said King Philip and Queen Mary for them the Heirs and Successors of the said Queen Mary by the same Letters Patents gave and graunted to the said Mark for the exercising and occupying the said office aforesaid the wages and Fee of 12. pence by the day To have hold and receive yeerly the said wages and Fee of 12. pence to the said Mark for the Term of his life of the Issues and profits of the Hamper of the said late King Philip and Queen Mary by the hands of the Clerk or Keeper of the aforesaid Hamper for the time being yeerly to be paid as by the said Letters Patents amongst other it more fully appeareth By colour of which Letters Patents the said Mark was seised of the Office aforesaid as of Freehold for the term of his life And whereas also it is found by a certain Inquisition Indented taken at VVestminster in the County of Middlesex the 24th day of June in the yeer of the Reign of the said Lady the Queen that now is the 19th before Kalph Hurlestone Esquire John Muthal Esquire Francis Folyat Esquire and John Stratham Gent. By virtue of a Commission of the said Lady the Queen that now is to them and to one John Goodman directed by the Oaths of 12. men That the said Mark did not serve in the said Office of Sergeant at Arms according to the effect and Tenor of the aforesaid Letters Patents to him made from the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is unto the first day of February then next past before the Inquisition aforesaid but for all that time absented himself from that Office as by the said Inquisition retorned in the Court of the Chancery of the said Lady the Queen as in the files of Record there remaining it appeareth And now at this day that is to say the 7th day of May in the yeer of the Reign of the said Lady the Queen that now i● the 21th co●eth the aforesaid Mark Steward into the Chancery of the said Lady the Queen ●ow is at Westminster by Edward Cockel his Attorny and complaineth that ●y re●●on and colour of the Inquisition aforesaid himself to be unjustly removed from the exercising and holding of his said Office aforesaid Because By Protestation that the said Inquisition is not sufficient in Law to ●●●●ve him the said Mark from the exercising of his Office aforesaid ●o ●●e shewing of his right in this behalf the said Mark saith that the 〈◊〉 Lady the Queen that now is long after the making of the said Letters Patents that is to say the last day of Nov. in the yeer of her Reign the 〈◊〉 at Westminster in the County o● M●ll gave li●●ns●●oth ●said Mark 〈◊〉 h●●self from the exercising his Office during the pleasure of him ●●● said Mark until he was commanded by her the said Lady
the Queen that now i● 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 ●●● Mark for further shewing of his Right saith That he now is and alw●●●●om the aforesaid time of removing him from the Exercising of his Offi●● 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 Ge●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 ●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 ●oly ●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 o● 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 o● 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
as is aforesaid That then it shall be lawful to every or to any of my aforesaid Sons or Daughters for default of payment of the sums or sum due unto them or any of them by way of Annuity as is aforesaid into the Lands and Tenements and other Hereditaments above limited to my Eldest Son aforesaid and to his Heirs Males as aforesaid to enter and destrein and the destress there so taken lawfully with them or any of them to lead drive or carry away until every of them shall be fully satisfied and paid Item I will That after the decease of Martha my Wife if then my Eldest Son aforesaid or the Heir Male of his Body lawfully begotten then living shall be of the full age of 22. yeers That then the said Eldest Son or his Heir Male aforesaid shall have the aforesaid Lordship of Yoke and the Manors of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys to him and the Heirs Males of his Body lawfully begotten for ever And if then my Eldest Son aforesaid or his Heirs Males as is aforesaid shall come of the full age of 22. yeers Then I will that the yeerly Profits and Revenews of the abovesaid Lordship of Yoke and Manor of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys aforesaid until my sayd Eldest Son or his Heir Male abovesaid shall come to the full age of 22. yeers shall go and be imployed towards the payment of my Debts Legacies Payments and Annuities aforesaid Item I will That if it happen my Eldest Son aforesaid or his Heir Male aforesaid to depart this transitory world without Heirs Males or Male of his Body lawfully begotten Then for lack of such Heir Male All and every the aforesaid Lordship Manors Lands Tenements with the Appurtenances Rents Services and Hereditaments other than such as are appointed to be sold and for the Poor as aforesaid shall be and remain to his next Eldest Brother then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly to every of his Brothers my Sons then living until every of them shall be of the full age of 24. years 4. pound of lawful mony of England and to every of his Sisters my Daughters then living five Marks of lawful mony in such manner and form and so long as is afore specified Item I will That all and singular the abovesaid Lordships Manors Lands and Tenements with the Appurtenances Rents Reversions Services and Hereditaments whatsoever in the County of Kent or else where other than such as afore specified to be sold by Thomas Ovington aforesaid and willed to my Eldest Son aforesaid as is afore specified for lack of Heir Male of the Body of any my aforesaid Sons shall successively remain from Brother to Brother and to his Heir Male paying yeerly for so long to his Brothers and Sisters as is aforesaid And if it fortune all my said Sons depart this transitory world without Heirs Males or Male of their or his Body lawfully begotten Then for lack of such Heir Male I will all the aforesaid Lordship Manor Lands and Tenements with their Apurtenances Rents Reversions Services and Hereditaments in the Parishes of Leneham Frinsted Harrisham aforesaid shall be and remain to my Daughters aforesaid and to their Heirs for ever Item I will That all other my Lordships Manors Lands and Tenements with their Appurtenances Rents Reversions and Services and other Hereditaments in Barham aforesaid for lack of Heirs Males or Male of the Body of any of my Sons lawfully begotten shall remain to Thomas Digges one of the Sons of Leonard Digges Esq late in the Parish of Sutton in the County of Kent aforesaid and to the Heir Males or Male of his Body lawfully begotten for ever And for lack of such Heir Male to remain to James Digges another of the Sons of the said Leonard and to the Heirs Males or Male of his Body lawfully to be begotten for ever and for lack of such Heir Male to remain to the Right Heirs of me the aforesaid Christopher Digges another of the Sons of the aforesaid Leonard and to the Heirs Males of his body lawfully begotten for ever and for lack of such Heir Male to remain to the right Heirs of me the said Christopher Digges for ever As by the Testament and last Will aforesaid amongst other things more fully appeareth And that afterwards and before c. that is to say the second day of February in the year of the Reign of the said Lady the Queen that now is the 19th the aforesaid Christopher the Father at Barham in the County aforesaid dyed of the Manors Tenements and Hereditaments aforesaid in the Monstrans de droit within written specified with the appurtenances mentioned so as aforesaid as the ●aw requireth seised And further the Jurors aforesaid say upon their O●th aforesaid That the aforesaid Martha Digges wife of the aforesaid Christopher Digges the Father him the said Christopher Digges her Husband over lived and that the aforesaid Martha afterwards that is to say the 4th day of May in the 19. year afores a● Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid ●h●mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture af●rel here first specified named were one and the same person not other nor divers and that the Manors Lands and Tenements in the Inquisition aforesaid specified and the Manors Lands and Tenements in the Indenture aforesaid here first mentioned and comprised are the self same Manors Lands and Tenements not others nor divers And that the aforesaid Lands Tenements wherof the uses by the aforesaid Indenture bearing date the 6th day of May in the 12th year aforesaid are revoked are not the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any parcel thereof And th●t the uses of the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any part thereof by the aforesaid second Indenture here within specified was not Revoked annulled or mentioned to be by the same revoked or annulled and that the aforesaid Manors Lands and Tenements whereof the uses by the aforesaid Indenture bearing date the 20th day of September in the 13th year aforesaid mentioned to be by the same Indenture Revoked and annulled are the same Manors Lands and Tenements in the Monstrans de droit within written specified and not other nor divers But whether upon the whole matter aforesaid in form aforesaid found The said Christopher Digges the Father dyed seised of the Manors Lands and Tenements in the Monstrans de droit within written specified in his demesn as of Fee as in the aforesaid Monstrans de droit it is supposed or not the Jurors
the proper Hands of diverse of the Lords of his Privy Council sealed That none nor any person w 〈…〉 soever should kill or put to sale any Flesh for Victuals in the time of Lent then next following contrary to the Lawes and Statutes of this Realm And that all Mayors and other Head Officers in Burroughs and Towns Corporate within this Kingdom of England in the beginning of the time of Lent then next coming or before should cause all Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse-keepers within the precinct of their Jurisdiction to be bounden to the Lord the King by Bond that they should not d●esse any Flesh for V●ctuals all the said time of Lent then next following And whereas afterwards that is to say the 20th day of February in the 12th yeer aforesaid One John Clement then and yet Mayor of the Burrough of Plymouth aforesaid according to the duty of his Place and in Obedience of the said Ordinance and Command of the said Lord the King sent to all the Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-keepers aforesaid within the precinct of the Burough aforesaid that they become bound by their Writing to the use of the said Lord the King according to the Tenor and Exigency of the aforesaid Ordinance and Command of the sa●d Lord the King the due Execution of the Ordinance aforesaid in that behalf required and endeavored within the Burrough aforesaid The aforesaid James Bagg well knowing the premises and continuing his evil disposition and intent aforesaid At Plymouth aforesaid endeavoured and attempted to hinder and make void the due Execution of the aforesaid Ordinance and Command of the said Lord the King And to that purpose the same 20th day of February at Plymouth aforesaid to diverse Inhabitants of the Burrough aforesaid and other of the Kings leige People then being and having then and there speech with the aforesaid James Bagg of and upon the businesse aforesaid openly and publickly spake and uttered these words following that is to say Master Mayor meaning the said John Clement doth more herein than he need and more than he can well Answer Meaning that the said John Clement in requiring the aforesaid Victualers Inn-Keepers Keepers of Ordinary Tables and Alehouse-Keepers to become bounden to the use of the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King had done more than was needful and more than he could well Answer By reason of which speech diverse Victualers Inn Keepers Keepers of Ordinary Tables and Alehouse Keepers dwelling within the aforesaid Burrough utterly refused to be bounden to the said Lord the King according to the aforesaid Ordinance and Command of the said Lord the King and farther we certifie that the aforesaid Mayor and Comminalty of the Burrough of Plymouth and their predecessors time whereof the memory of men is not to the contrary had and used to have within the Burrough aforesaid a certain Custom of Wine called Wine-weight otherwise Wine Wite payable by every Taverner selling Wine within the Burrough afores of which Custom of Wine aforesaid the Mayor and Comminalty from the whole time aforesaid quietly and peaceably were possessed of until the aforesaid Ja. Bagg the 29th day of Nov. in the yeer of the Reign of the said Lord the King that now is the 4th at ●lym afores perfidiously maliciously practised with William Ben●ly and Thomas Lyde being Taverners and Sellers of Wine within the Burrough aforesaid to them revealing divers secret counsels concerning the common profit of the Burrough aforesaid and them the said William and Thomas then and there perswaded that they no more should pay the aforesaid custom of wine called Wine-weight otherwise Wine-wite nor any summ of money for the same to the aforesaid Mayor and Comminalty which very day the 29th day of November in the 4th yeer aforesaid the aforesaid James Bagg being then one of the 12. Chief Burgesses of common Council of the Burrough aforesaid at Plymouth aforesaid perfidiously and maliciously spake to the said William Bently and Thomas Lyde these words that is to say you need not pay the Money meaning a certain Farm by them the said William and Thomas for the Custom aforesaid before then to ●he aforesaid Mayor and Comminalty payable for the Wine-weight any longer except you list for it is not due unto them By reason of which perfidious and malicious words the aforesaid William Bently and Thomas Lyde utterly refused to pay and yet do refuse and by reason thereof diverse Strifes and Controversies are risen and hereafter are like to arise betwixt the aforesaid William Bently and Thomas Lyde and the aforesaid Mayor and Comminalty for the Custome of Wine aforesaid and the Farm aforesaid to the great damage and prejudice of the aforesaid Mayor and Comminalty And further to the said Lord the King we Certifie that the aforesad James Bagg the first day of May in the yeer of the Reign of the Lord the King that now is the 12th and diverse other days and times then before at Plymouth aforesaid persidiously said to diverse Inhabitants of the Burrough aforesaid and to other the leige people of the said Lord the King upon Communication between them and the aforesaid James Bagg then before had of and concerning the liberties and Privileges of the Burrough aforesaid that he the said James Bagg would overthrow and make void the Charter of the Town aforesaid meaning the Charter aforesaid by the aforesaid Late Queen Elizabeth to the aforesaid Mayor and Comminalty as before is said granted And that he the said James the liberties privileges of the Burrough aforesaid would call in question and the same Privileges and Liberties overthrow And further to the Lord the King we Certifie that afterwards that is to say the 17th day of April now last past the aforesaid James Bagg in the said Writ named for the Causes aforesaid by the Mayor and Comminalty of the Burrough aforesaid from the Office of one of the Chief Burgesse● and Magistrates of the Burrough aforesaid was amoved c. John ●lement Mayor SCIRE FACIAS Pleas before the Lord the King that now is in his Chancery at Westminster in the County of Middlesex Hillary Term in the yeer of the Lord King JAMES by the Grace of God of England Scotland France and Ireland King the 3d. and of Scotland the 39th fol. 1. The PRINCES Case THE Lord the King that now is sent his Close Writ to the Sheriff of Cornwall directed in these words JAMES by the Grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sheriff of Cornwall greeting Whereas in the Statute in the Parliament of the Lord Edward late King of England the 3d. in the yeer of his Reign the 11th at Westminster in the County of Middlesex holden made amongst other things it was Enacted by Authority of the said Parliament That the Eldest Son of the King