th' appurtenances for the considerations in these Indentures to th' use of the sayd Sir Thomas Cheyne and Elizabeth his Wife for terme of their lifes onely and either of them longer living onely without impeachment of waste dureing the life of the sayd Elizabeth his Wife and after their decease to th' use of the right Heirs of the sayd Isabel Vere Daughter of the sayd John Greene in like manner and forme and of like Estate as the Heirs of the sayd Herry Greene Fader of the sayd Constance late Countesse was inheritable to the sayd Mannors Lands and Tenements and of the other moyety of the same Mannors Lands and Tenements after the decease of the same Countesse to the use of the right Heirs of the same Isabel Vere Daughter of the same John Greene in manner and forme and of like tenure and Estates as is aforesayd of the other moyety of the same Mannors Lands and Tenements And the sayd Sir Thomas Cheyne and Elizabeth his Wife John Mordaunt the younger and Elizabeth his Wife Robert Mordaunt and Amye his Wife John Parre and Constance his Wife and Audre Vere and every of them before the sayd sixteenth day of July next coming shall further do and suffer and cause to be done to make the sayd Mannors Lands and Tenements afore appoynted to the sayd Countesse sure to the sayd Margaret Stafford Countesse of Wiltes Johan Vicountesse Lesle John Grey Vicount Lesle Thomas Grey Esquire John Bretteyn Clerk Thomas Frowyke Sergeant at Law Edward Hungerford Esquire Thomas Marrow and John Gardiner and to their Heirs to the uses aforesayd as by the Counsel learned of the sayd Countesse before the sayd sixteenth day of July next coming shall be advised at the Costs and Charges of the sayd Countesse And over that is covenanted bargained and agreed between the sayd Parties that the sayd Sir Thomas Cheyne and Elizabeth his Wife dureing their lives shall have the Mannor of Drayton in Drayton the Park of Drayton the Conyngre and the Oxe-Pasture Provided that they shall therein doe no waste And over that that the sayd Sir Thomas Cheyne and Elizabeth his Wife shall have for terme of their lives onely and of every of them longest living without impeachment of wast dureing the life of the sayd Elizabeth his Wife the Moyte of all other Mannors Lands and Tenements within the Realme of England Wales and the Marches or Libertyes of the same the which late were of the same Herry Greene and after their decease the sayd Mannor of Drayton the Park Conyngre and Oxe-Pasture and all the same Moyety of all other the sayd Mannors Lands and Tenements within the Realme of England Wales and the Marches of the same to goo and grow to the right Heirs of the sayd Isabel Vere Moder to the sayd Herry Vere and to their Heirs for ever in manner and forme and of like Estate as the sayd Herry Greene had therein or was heretable to the same And that the sayd Elizabeth Mordaunt Amy Mordaunt Constance Parre and Audree Vere shall have the other Moyte of all the sayd other Mannors Lands and Tenements in England Wales and the Marches of the same to them and to their Heirs in the manner and forme and of like Estate as the sayd Herry Greene had therein or was inheritable thereunto And that all such persons as were late inseoffed by the sayd late Earle or be now seised or hereafter shall be seised of and in the same other Mannors Lands and Tenements in England Wales or the Marches of the same and of the sayd Mannor of Drayton in Drayton the Park Conyngre and Oxe-Pasture with their appurtenances shall be and stand feoffed and seised of the same to the same intents and uses aforesaid And over that that before the sixteenth day of December next comeing shall not lett John Fisher one of the Kings Sergeants at Law William Mordaunt William Gascoyne Wistan Broun John Mulso and William Lane to recover all the same other Mannors Lands and Tenements and the same Mannor of Drayton in Drayton the Park Conyngre and Oxe-Pasture with th' appurtenances ayenst the sayd Elizabeth Cheyne Elizabeth Mordaunt Amy Mordaunt Constance Parre and Audree Vere and ayenst all such persons as be or then shall be their Husbands and ayenst all Feoffez thereof to their use in such manner and forme as shall be a vised by the learned Counsell of the sayd Sir Thomas Sir Richard Alice Lady Fitz Hugh and John Mordaunt the Father at the Costs and Charges of the same Sir Thomas the sayd Recoverez to be of the Moyete of all the sayd other Mannors Lands and Tenements with their appurtenances and of the sayd Mannor of Drayton in Drayton the Park Conyngre and Oxe-Pasture for the Considerations comprised in this Indenture to the use of the sayd Sir Thomas and Elizabeth for the terme of their lives and either of them longest living onely And after their decease to the use and behoof of the right Heirs of the sayd Isabell Vere of like Estate as is aforesayd And of the other Moyete of the residue of the sayd other Mannors Lands and Tenements to the use of the right Heirs of the sayd Isabel Vere of like Estate as is aforesayd for ever Provided alway that the sayd Margaret Countesse of Wiltes shall have for terme of her life the sayd Mannors Lands and Tenements to her appoynted by these Indentures and alsoe her Title and Interesse of Dower of the Lands late of Thomas Tresham any thing conteyned in these Indentures notwithstanding and notwithstanding the sayd Recovere And where the sayd now Duke hath before this time pretended right and title to such Mannors Lands and Tenements as late were of the same Henry Greene as Cosyn and right Heir of the sayd Edward late Earle of Wiltes of the Faders side of the same Earle The sayd Duke now covenanteth by these Presents that he in consideration of all the premisses ymediately upon the sealing of theis Indentures by his Fyne and several Deedes sufficient in the Law to be enrolled on record at the Costs and Charges of the sayd Sir Thomas Sir Richard Alice Lady Fits Hugh and John Mordaunt Sergeant shall release all his right and title in all the Mannors Lands and Tenements with th' appurtenances late of the sayd Herry Greene within this Realme of England Wales and the Marches of the same to such persons and to their Heirs and in such wise and with warranty ayenst the Abbot of Chester and his Successors as the same Thomas Richard Alice and John shall name at the Costs and Charges of the sayd Thomas Richard Alice and John three two or one of them And the sayd Countesse and all other persons haveing any thing to the use of the sayd Countesse of and in the sayd Mannors of Newton Blosmevile Clifton Wathall Brafield and Policote and in all other Mannors Lands and Tenements which late were of the sayd Humphrey late Duke of Buckingham and afterwards of the sayd
Inheritance of the same that is to say Langhill Farthinshalve Otteland Bullay Shyningegappe The said Humphrey and George are agreed to take in Allowance of their parts and third part of the Maners before mentioned and allotted to the said Sir John the third of the Maners next ensuing and the third part of all the Lands and Tenements occupied with the same in the Compartnery Inprimis The third part of the Maner of Warmister cum pertinentiis The third part of the Maner of Westbury cum pertinentiis The third part of the Maner of Gratley cum pertinentiis The third part of the Maner of Fyfees Verden cum pertinentiis The third part of the Maner of Dichericho cum pertinentiis The third part of the Maner of Hardwick cum pertinentiis The third part of the Maner of Comberton cum pertinentiis The third part of the Maner of Rympton cum pertinentiis The third part of the Lands of Woodford cum pertinentiis The Advowsons of the Churches of Grafton Grately and Dichericho And the said Humphrey and George be contented to take in Allowance and Recompence for their third part of the Maners Places Buildings and Houses of Drayton these Parcels following The third part of the Maner of Houghton cum pertinentiis The third part of the Lands in Irclinburgh cum pertinentiis The third part of the Maner of Adyngston cum pertinentiis It is further agreed between the said Parties to abide the Ordinance of Nicholas Hardyng and Richard Highman for the Woods and wast Ground of Sudburgh and Warmister and the Inheritance of the same Woods It is also agreed between the said Parties That all Annuities and Rents Charges and the Profits and Rents of such Maners Lands and Tenements as be in Reversion shall be paid born and sustained indifferently by the said Parties in like manner as it hath been in times past and that all Evidences concerning only the premises to be delivered to the said Parties to whom the said Maners and other the premises be allotted Signata manu propriâ Domini Mordaunt John Mordaunt The Claim and Surmise that the Lord Parre maketh for to have the Freeborde of Drayton-Park to the King's use from the Lord Mordaunt FIrst the Lord Parre saith That one Sir John Karr Knight was Keeper of the Little Park of Brykestock divers Years and after the death of the said Sir John then the Lord Parre entred So that the Lord Parre saith That these Sixty Years there was no claim made to the Freeborde by any of the Lords of Drayton and if any of the Lords of Drayton had pretended any such Right they would have fâ—lled the Wood in their times For answer thereunto the Lord Mordaunt saith That he doth much marvel that the Lord Parre would claim the premises upon so small a ground for he cannot prove That ever the said Sir John Karr or any of his Keepers or the said Lord Parre or any his Keepers did fall sell or give any of the Wood growing of the said Freeborde these Sixty Years For this is true that John Stafford and Edward Stafford Earls of Wilts and the Executors of the said Edward Stafford and the Lord Mordaunt and other his Co-partners as in the right of their Deyffs did at all times take the Lops and Shreds of the Trees of the said Wood growing of the said Freeborde for mending and repairing of the Hedges and Ditches of drayton-Drayton-Park and never no business made to the contrary but the time that the Lord Parre conceived divers displeasures against the said Lord Murdaunt for that intent that the Lord Mordaunt should grant unto him a Fee for term of his life and also for to have divers other manner of Liberties and Pleasures at the hands of the Lord Mordaunt in Grafton-Park-Chase and in other Woods of the said Lord and of his said Drayton And after that the said Lord Parre perceived that the Lord Mordaunt would not be agreeable to the same then the Lord Parre began to pick quarrels against the Lord Mordaunt and his Servants and among other things for the said Wood growing of the Freebord of Drayton Park caused one John Allen Keeper at that time of the Park of Brykestock to fell certain Bushes and Woods whereof some of them did grow within the bottom of the Ditch and some did grow otherwise upon the bare Bank of Drayton Park And also caused the said Allen for to pluck down the Pale of Drayton Park to make a common way through Drayton Park for my Lord Parre and his Servants And yet the Lord Mordaunt's Servants carried the said Wood so fellen unto Drayton-Maner And the Lord Parre not pleased therewith found default at the Pale of Drayton-Park which was there made by Sir Thomas Cheyne Knight and would never rest by complaining to the Council and by setting of pains in the King's Court of Swanymote unto the time that the Lord Mordaunt and his Co-partners were fain to pull down the old Pale and to make a new Pale there of a Man's length which was done And also the Lord Mordaunt saith That the Lord Parre many times and often discharged the said Lord for to give him all the Woods growing upon the said brink of the Ditch Freeborde and in the bottom of the Ditch and also all the Wood growing upon the Bank it self to the intent that the Lord Parre would have sold that Wood to his own profit And forasmuch as the Lord Mordaunt denied the Lord Parre for to have it of his Gift The Lord Parre said he would be about with the Lord Mordaunt And upon that refusal and denial the Lord Parre began to seek and invent how he might do the Lord Mordaunt all the Displeasure that might be devised and for accomplishment of part of his purpose the said Lord Parre spake to his Cousin Sir Wistan Brown Knight who was one of the Wardens and had the Custody of the Heirs of the Maners of Drayton and Drayton-Park and to Sir Humphrey Brown Knight who was Tenant by Courtesie of the third part of the said Maner and Park and did get a Grant of their parts of Drayton-Park and had liberty for to Hunt and Hawk in all the Maners and Vere's Lands for their two part And thus having such rule took upon him for to fell certain Woods of the brink of Drayton-Park the bottom of the Ditch and of the Bank-self and commanded one Rowland Slade otherwise called Rowland Smith Servant to the said Lord Parre and Keeper of the Nether-park for to fell a Tree growing within the Ditch of Drayton-park which Rowland caused one Richard Slade otherwise called Richard Smith Brother to the said Rowland for to fell the said Tree Whereupon the Lord Mordaunt spoke to the Lord Parre for the said Tree and shewed him That Rowland had done naught in so doing Whereupon the Lord Parre said to the Lord Mordaunt What have you to do therein I have as good authority and power for Two parts as
that time had Interest in the Moiety of the Premises as in the right of his Wife agreed with the Executors of the said Earl for the Premises And so after that the same Sir Thomas had the said Drayton-Park in which Sir Thomas's days none of the said Keepers did fell or take any such Wood at that time growing of and upon the said Ditches And also the Keepers of the said Sir Thomas walked their Ring-walk within the said Little Park of Brikestock all the said Sir Thomas Cheyne's time And after that Sir Thomas Cheyne deceased then came the premises into the Hands of the Lord Mordaunt and his Co-partners who entred into the premises and also into the Maner of Drayton then being in the Tenure of Robert Marburn Gentleman and the said Lord would have occupied the said Maner of Drayton and put out the said Robert Marburn wherewith the said Robert took displeasure with the said Lord Mordaunt And the said Robert Marburn to the intent he would occupy the said Maners still in his Hands Entitled George late Earl of Salop to the premises by a false Will nuncupative which the same Robert Surmised that the said Edward Earl of Wilts should make Whereupon the said Maner of Drayton-Park and other Premises were in contention divers Years And after that the said Lord Mordaunt and his Co-partners agreed with the said Earl of Salop and so had the said Maner Park and other the Premises quietly without any Interruption Claim Challenge or Demand to the Premises or any part or parcel thereof made thereunto by any of the King's Keepers or Officers of the said Little Park of Brikestock and walked the Ring-Walk within the said Park of Brikestock and made the Hedges Pale Ring unto the time that one John Allen Keeper of the King's Park of Brikestock by the commandment of the Lord Parre that now is caused certain Wood to be felled whereof some of the said Wood did grow within the bottom of the Ditch and some otherwise which Wood was carried by the Lord Mordaunt's Servants to Drayton-Maner And after that one Richard Slade otherwise called Richard Smith Brother to one Rowland Slade did fell a Tree in the bottom of Drayton-Park-Ditch by the commandment of the said Rowland at that time being Keeper of the said Nether-Park of Brikestock Whereupon the said Lord Mordaunt shewed the said Lord Parre and the said Lord Parre said That Rowland did it by his commandment and that he the said Lord Parre might lawfully command the said Rowland so to do for two parts which he assured belonged to the Browns parts as well as the Lord Mordaunt did command his Servants to meddle for his Two parts and so the Lord Parre from time to time did permit and suffer the said Keepers for to do all the displeasures to the said Lord Mordaunt and his Servants that might be devised or imagined for that intent and purpose that the said Lord Parre would have had the rule of Drayton-Park himself And James Stevenson saith That at another time which was about the time of the Insurrection in Lincolnshire that the said Rowland did fell certain Wood growing in the bottom of Drayton-Park-Ditch Whereupon the said James went to the Lord Parre for to know his pleasure who made answer to the said James as followeth videlicet What have you to do therewith Then said James Sir I come to know your pleasure and whether it be your pleasure that your Servants shall so enterprize upon my Master's Ground or not No said the Lord Parre I shall make your Master and you answer also So the said James departed from the Lord Parre at that time And where the said Drayton-kark since the first making of the said Park hath been always Ditched and Hedged and so did continue all the days and time of Sir Simon de Drayton and Sir Henry Greene Knight Henry Greene Son of the said Sir Henry Greene Sir Ralph Greene Knight John Greene and Henry Greene Esquires and also in the days of John Stafford and Edward Stafford late Earls of Wilts and in the days of Robert Wittlebury William Marbury and Thomas Mountague Esquires Executors of the Testament and Last Will of the said Edward Stafford and always used to be Hedged and the Ditches scowred by the Owners of the said Drayton-Park and in all their days and time no default found in the said Freebord Hedges and Ditches by any of the Keepers of the said little Park of Brikestock but that the owners of Drayton-Park did scowre the Ditches and Hedges of the same used their Freebord took profits of all manner of Wood and Thorn growing in and upon the said Ditches and Freeborde unto the time that the said Drayton-Park came to the Possession of one Sir Thomas Cheyne Knight who had the said Drayton-Park as in the right of his Wife And in the days and time of the said Sir Thomas Cheyne the Keeper of the said little Park found default in the said Sir Thomas Cheyne for not scowring of the said Ditches and for not well repairing of the Hedges of the same Drayton-Park forasmuch as the Hedges of Drayton-Park at that time were thinly made and very low And also the said Keeper of the little Park surmised That the said Sir Thomas Cheyne and his Keeper of Drayton-Park did stand between both the Hedges of Drayton-Park and Killed the King's Deer which were accustomably used for to Feed in the said little Park and did train the King 's Deer out of the said little Park into Drayton-Park and surmised and laid to the said Sir Thomas Cheyne and his Servants charge divers Misdemeanours as Breaking into the said little Park of Brikestock with their Bows Arrows Hounds and Grey-hounds over and beside that the said Keepers of the said little Park of Brikestock complained in the King's Court of Swanymote upon the said Sir Thomas Cheyne and upon his Servants as well for Killing of Deer as also for to mend the said Ditches and Hedges by a day prefixed and said to the said Sir Thomas Cheyne that If the said Ditches and Hedges were not amended that then they would inform the King's Grace King Henry the Seventh of their misdemeanours Whereupon the said Sir Thomas Cheyne considered to himself and among his Friends That he would not have the King's displeasure in that behalf by the advice of his Friends caused a Pale to be set upon the top of drayton-Drayton-Park Ditch which was the first Pale that ever was set there after the making of the said Park for before that pale so set there the said drayton-Drayton-park was ever Ditched Quickset and Hedged which Pale so set by the said Sir Thomas Cheyne continued all the life of the said Sir Thomas and long time after without any default found thereat or at any of the Freeborde Ditches and Hedges of the said Drayton-Park unto the Tenth Year of the Reign of our late Sovereign Lord of Famous Memory King Henry the Eighth at which time
the said Drayton-Park came into the Hands and Possession of the Lord Mordaunt and his Co-partners And the said Drayton-Park being in their hands the said Lord Parre and the King's Officers and Keepers of Brikestock-Park complained and said That the said Pale made by the said Sir Thomas Cheyne was no sufficient Pale for the Pale was so low that the Keepers of Drayton-Park might stand and did stand upon the top of the Dike of Drayton-Park and Shoot over the said Pale unto the said little Park and Killed the King's Deer being feeding within the said little Park And divers times the Lord Parre laid to the charges of the Keepers of Drayton-Park for Killing of divers and many such Deer and the Lord Parre not contented with the said Pale complained to Sir Thomas Lovel Knight at that time being Justice of the Forests for not maintaining and making a sufficient Pale or Hedge between both the said Parks And that complaint notwithstanding divers Pains were laid in the King's Grace's Court of Swanymote upon the said Lord and his Co-partners for to amend the said Pale and Hedge sufficiently Whereupon the Lord Mordaunt caused certain number of Oakes to be felled in Grafton and Grafton-Park and in other places within the bounds of Grafton for the new amending of the same Pale and Hedges and thereupon took down the old Pale and made a new Pale of a greater length and did certain costs of the Ditches of the said Park and did fell certain Thorns and other Wood for Ports Rails and Stumps for the good amending of the same new Pale which Pale so newly made continued divers Years and no default found at the same by the said Lord Parre or any of his Officers or Keepers And after this the Lord Parre's Keepers of Brikestock would in the Winter time being Frost and Snow break up the said Pale to the intent that the King 's Deer of the little Park might come into Drayton for to have their feeding there or else the said Deer would have Perished and Starved for hunger And yet the said Favour notwithstanding a new Complaint was made a new pain of Twenty Pounds was laid in the said Court of Swanymote That the Lord Mordaunt should amend his Pale and Hedge and scower his Ditches by a day upon pain of Forfeiture of the said pain of Twenty Pounds And after that within certain Years another like pain of Twenty Pounds was laid in the said Court of Swanymote for to make the said Hedges and Ditches between Drayton-Park and Brikestock-Park sufficient And the said Lord Parre at this time being Friendly with the Lord Mordaunt shewed Robert Catbyn Gentleman thereof to the intent that the Lord Mordaunt might have knowledge thereof for to make the Hedges and Ditches sufficient whereby the Lord Mordaunt might avoid the Forfeiture of the said pain of Twenty Pounds And forasmuch as such pains were so laid in the King's Graces Courts of Swanymote as well in King Henry the Seventh's days as also in the days of our late Sovereign Lord of Famous Memory King Henry the Eighth for that the said Sir Thomas Cheyne as also the Lord Mordaunt and his Co-partners should amend and repair the said Pale Hedges and Ditches of Drayton-park of that side that is between the said Drayton-park and the said Little Park of Brikestock by certain several days to them prefixed as by the Books of the said Courts of Swanymote it will more at large appear That if the Lords of Drayton-park had made any Encrochment upon the Little Park of Brikestock or of and upon any of the King's Ground that then their Encrochments should have been as well found and presented as for the amending and repairing of Drayton-park-pale and of the Hedges and Ditches of the said Wood in the said Courts of Swanymote remembred and presented A Letter to the Lord Mordaunt from the Lord William North. MY LORD After my hearty Commendations where by virtue of a Commission ye procure a Freeborde to be had within the King's Majesties Little Park of Brikestock there is upon the same past a Quest and Verdit by them given which Quest and Verdit as it is taken rather serveth for your purpose than for the Conservation of the King's Majesties Right The said Commission being never Executed in my Uncle the Lord Parre's life whose Office in the said Park I now have And that neither the King's Solicitor being then in those parts nor any other his Learned Council for the Soliciting and defending of his Grace's Right was called or Privy thereunto I thought hereby notwithstanding your Proceedings in the premises to require your Lordship to forbear to meddle or intromit with any thing within the said Park until it may appear unto my Lords of the King 's most Honourable Privy Council or otherwise by the Law what you have to shew for your Claim Thus I bid your Lordship heartily well to fare from Hampton-Court the Seventeenth day of October Your Lordships Loving Friend W. North. A Letter to the Lord Mordaunt from the Lord William North. MY LORD AFter my hearty Commendations perceiving by your Letter that according to such Commission as you have already proceeded in ye be desirous to enjoy the Freeborde within the Park of Brikestock to the which Commission notwithstanding my Uncle was Privy thereby to know your Claim and Title of the said Freeborde yet if God had continued his life till it had been sitten on he would have found and caused matter to be alledged for the King as would have been for the conservation of his Majesties Inheritance By the death of whom and for lack of the King 's Learned Council to speak in his cause it is thought the thing hath not past in his Highness's behalf in such ways as it might have done And as I have heard say The King's Solicitor hath before time advised you that ye should not take upon you to Encroach upon any part of the King 's old Inheritance this being parcel of the oldest his Grace hath in those parts To the proceeding of which Commission the said Solicitor being in that Country me seemed that he should have had warning and been privy to the Execution thereof to have spoken for the King 's Right Nevertheless because it may appear that as little as I can shall be by my time done in the said Parks to the derogation of the King's Inheritance Therefore I will procure another Commission either to the foresaid Commissioners or to other Gentlemen of good Estimation at the Execution whereof some of the King 's Learned Council shall be there for the defence of his Cause and I doubt not but you against the same time will provide as shall be best for your Claim And if upon the Tryal thereof you shall have Right to the said Borde I shall be well content ye enjoy it accordingly And in the mean time I require you not to intermeddle with any thing within the said Park by virtue of
all the Parties to these Presents That all the Issues Rents and Profits whatsoever that they the said Recoverers their Heirs Executors Administrators or Assigns or any of them shall or may have take or receive by the limitations in these Presents of any of the Lordships Maners Lands Tenements Rents or Hereditaments of him the said Lord Mordaunt aforesaid after the death of him the said Lord Mordaunt shall be imployed to and towards the payment and paying of the Debts Portions and Summs of Money before in this Presents limited and appointed to be paid And also that if it happen by upon or through any means chance or occasion whatever that there be or shall happen to be any Surplusage of Money coming or arising of or out of the Maners Lands and Premises aforesaid of the said Lord Mordaunt to be or remain in the hands of the Recoverers their Executors or Administrators the Debts Payments and Summs of Money in these Presents before limited and expressed paid and discharged That then the said Recoverers their Executors and Administrators shall give bestow and pay the said Surplusage thereof and of every part thereof to and unto the and such Heir and Heirs of the said Lord Mordaunt as shall be Heir or Heirs unto him the said Lord Mordaunt at the time of the death of the said Lord Mordaunt when such Heir shall and may have sued Livery out of the Hands of our Sovereign Lord the King's Majesty his Heirs or Successors And from and after and as soon as the Debts Portions and Charges in these Presents limited and appointed to be levied raised and paid are and shall be payed and performed then the said Recovery and Recoveries shall be and enure and the said Recoverers their Heirs and Assigns shall stand and be seized of and in all those Maners Lands Tenements Rents and Hereditaments so to the said Recoverers their Executors Administrators and Assigns lastly for the performance of the said Debts Portions and Summs of Money limited and appointed to the use of the said John Mordaunt and of the Heirs Males of his Body lawfully begotten And for default of such Issue to the use of the Heirs of the Body of the said Lord Moruaunt and of the Heirs Males of his Body lawfully begotten and to be begotten And for default of such Issue to the use of the Heirs of the Body of the said Lord Mordaunt And for default of such Issue to the use of the right Heirs of the said Lord Mordaunt for ever Provided always and it is fully granted concluded and agreed upon by and between all the Parties to these Presents That it shall and may be lawful to and for the said Lord Mordaunt at any time during his natural Life and for any of the Heirs Males of the Body of the said Lord Mordaunt after the death of the said Lord Mordaunt at his or their free will and pleasure to make any Lease or Leases or limit any Use or Uses for One and twenty Years or under beginning at or before the making of the said Lease or limiting of the same use or for any number of Years so beginning and determinable upon any two or three Lives of all or any the said Maners Lands Tenements or other Hereditaments before in these Presents mentioned and expressed so as upon every such Lease or limitation of use for Years there be reserved or appointed payable yearly during the said term to such as shall from time to time have the immediate Reversion or Remainder expectant upon the said term so much Rent or Summs of Money or more as now is reserved paid or satisfied for the same and so as no such Lease be made or limited for Years dispunishable of Wast And also so as every such Lease or use be appointed to cease and determine upon default of payment of the said Rent or Summ so to be reserved or appointed payable yearly by the space of Twenty Days next after every such Feast or Day of payment whereat the said Rent or Summ shall be reserved or appointed to be paid Provided always and it is agreed by and between all the Parties to these Presents That it shall and may be lawful to and for the said Lord Mordaunt at all times and from time to time during his natural Life at his free will and pleasure by any Writing or Writings Indented under his Hand and Seal to be published by him before three credible Witnesses at the least to alter change determine revoke or make void all or any of the Use or Uses Limitation or Limitations before in these Presents mentioned of all or any part or parcel of the Premises except the said Maners of Turvey Carleton Chillington Snelston Lavenden castle-Castle-Park Staggesden Delwike Bosome-field and Westcotton with the Appurtenances in the Counties of Bedford and Buckingham before by these Presents limited to the said Recoverers during the Life of the said Lady Mordaunt for the same use and estate only and at his pleasure to limit new Uses thereof or of any part thereof or utterly to extinguish the foresaid former Uses thereof or any of them And that then and so often from time to time after such Alteration Determination diminishing limiting or appointing of any such new Use or Uses of the Premises or of any part thereof except before excepted by Writing indented to be Sealed Published and Subscribed as aforesaid the said Recoveries shall be and enure and the Recoverers and their Heirs shall stand and be seized as of and concerning such part and parts parcel and parcels of the Premises whereof such alteration determination diminishing inlarging or other limitation of new Use or Uses shall be so had or made to the use of the said Lord Mordaunt and his Heirs if he so please or to such new Use or Uses and in such manner and form under such Conditions and Limitations and of such Estate and Estates to all intents and purposes as shall be so newly appointed limited and declared in such Writing Indented so from time to time or at any time to be had or made by the said Lord Mordaunt as is aforesaid and to none other use intent or purpose during only the Limitation or Continuance of the said new Use or Uses so to be limited and appointed And lastly it is agreed That if the Recoveries in these Presents meant and expressed to be had levied and suffered or any of them shall happen not to be had suffered perfected and executed in the Life of the said Lord Mordaunt so as an effectual use or uses shall not thereupon be raised according to the true meaning hereof Then all the Parties to these Presents and every of them be contented and agreed and the said Lord Mordaunt and the Cognizees aforesaid do by these Presents limit and appoint express and declare That the foresaid Fine and Fines in these Presents mentioned and intended to be had acknowledged and levied and the Cognizees in the said Fine and Fines
Shilling and four Pence wherefore they be bound by obligation to Sir Reynold Bray and to Sir Thomas Lovel to pay and content before the Fest of Christmas next following to the Kinges use for the lycense of the mortisment of two Chauntries in Plasshe and Luffwick and after that doon and the said William and Thomas saved harmelesse as I have indentyd with them the which wyll appere and furthermore suertie for redy payment I wyll the said William Merbury and Thomas Mountegu have in their keeping my two Flaggons two gylte Potts six Bollys gylt with Covers and other Plate to make Chevysaunce to pay the King and they so savyd harmelesse then I wyll my Feoffes stand and be Feoffes unto the perfourment of this my last Wyll as well of theis as of other and I wyll the seid my Executours to sell my woodes at Langhyll Farthyngshawe Hotland Bullaks and Colys woode and all my woodes growing being and belongyng to Bakenho Grymsbury Malberne or eny oder place such as was purchased of William Eton by my Lord my Fader Item I wyll my Executours have all my moveable Goodes unbequeathed as well Juels Plate Stuffe to pay my Detts and to performe this my last Wyll Item I wyll my Lord of Buckingham have all my Stuffe that I left in his place in Bredstrede except my Robys of Astate and Robys of Parlement the which Robys of Astate I wyll thay be gevyn to Churches whereas I was Patron there as most nede is by the discretion of myne Executours and the other Robys and Furris to be sold and the money takyn to pay my Detts and perfourme my Wyll Item I wyll my Lord and Cossen of Shrewsbury have my Collar of the Kings Livery and my Unkyll Wittelbury oon of my Bollys of Silver with a Cover that I bought last myne Aunte his Wyfe to have a playne stonding cup of Silver gylt that is used to be carried with me Item I will the Church of Luffwyck have my Trapper of Cloth of Gold and my auter Clothes of Tawney Damask Item I wyll the Church of Newenton have the outside of my Goune of Crymson Velvet to make a Cope and I will the Church of Graston have the lynyng of black Damask in the same to make a Vestyment and a Cope Item I wyll that Margret my wyfe have as much Plate as I had with her in marriage my Fether-bed in the Chappel Chamber the Tester Sealer and Counterpoynt of the same Carpets of the same my two great Carpets two Cushyns of tawny Damaske two Payr of fyne Shetes and three Payr of other Shetes my fyne cloth of Diaper my Bed of Cloth of Gold and Velvet that was in London and my Pelows of the best so that my Detts may be content with other my Goodes and revenues of my Londes and with that she leve and take not the third part of my Goodes but suffer myne Executours to have them at their liberty to perfourme my wyll Item I wyll that every Gentilman and Gentilwoman have forty shillings every Yeoman twenty shillings and every Grome ten shillings Item I wyll that my howsold be kept thirty days after my decesse if there be whereof so to doe Item I wyll that Mr. William Feld Master of the Collage of Foderinghay have oon of my bollys of Silver that I bought last Item I wyll that my Detts and my revenues of my Londes be receyved by myne Executours to pay my Detts and perfourme my wyll Item I wyll that my poor Kin and Servaunts have and be relyved before any other by the discretion of myne Executours Item I wyll that my Executours give and graunt a annuite of forty Shillings by Dede out of my Londes that my Lord my Fader purchased of William Eton in Bedfordshire unto my welbeloved Servaunt Edward Bruet and the kepeing of my Manor and Conynger of Drayton for terme of his lyfe Item I wyll that all my Juells Plate and other stuff unbequethed be sold by myne Excutours to perfourme this my last Wyll Item I wyll that all my Brigandyrs and Harnes be distributed among my Yomen and Gromes after the discretion of my Executours And of this my present last Wyll I make my Executors my entireley belovid Uncle Robert Wittelbury Mr. William Feld Master of the Collage of Fotheringhay William Merbury Thomas Mountegu and John Blake Item I desire and pray my good Lord and Cossen the Erle of Shrewsbury to be surveyer of this my last Wyll and to be good Lord unto my wyfe and pore servauntes as my singular trust is in him And I wyll that every of myne Executours that will minister this my last Wyll to have six Poundes thirteene Shillinges and four Pence In witnesse whereof I the said Erle have put to my Seale Item I wyll that my Feoffes graunt by Dede or Patent a Annuite unto my right welbeloved Servaunt Philip Frost of fifty three Shillings four Pence for terme of his life out of my Londes and Tenements in Luffwycke for the good and long service that he hath doon unto me Item I wyll that my Londes and Tenements that I purchased in Luffwycke of the wyfe of William Chambre called Cottingham's Tenement and Ridayes Close with the appurtenances and the Londes and Tenements in the same Towne that I purchased of the heirs of Oliver Sutton be sold to pay my Detts and to perfourme this my last Wyll Item That my welbeloved Servaunt Robert Wilkinson have forty Shillings out of my Londes in Islip for terme of his lyfe The Tombe of Edward Stafford Earle of Wiltsheire and Lord of Drayton Extant in S. t Peters Church in Luffwick Copia Statutorum Cantariae Edwardi Comitis Wilts de Villa Luffwycke UNiversis Sanctae matris Ecclesiae filiis ad quos praesentes Literae pervenerint Robertus Wittelbury Armiger Willielmus Marbury Armiger Thomas Mountagu Gentilman Executores testamenti ultimae Voluntatis nobilis memoriae Edwardi Stafford nuper Comitis Wiltshyre defuncti Salutem in Domino sempiternam Ad Universitatis vestrae notitiam deducimus ac tenore praesentium volumus deduci quòd praefatus nobilis Dominus Edwardus nuper Comes Wiltshyre duas Cantarias perpetuas unam videlicet Cantariam perpetuam de duobus Capellanis divina in Ecclesia parochiali de Luffwycke in Comitatu Northamptoniae Lincolniensis Dioceseos aliam Cantariam perpetuam de uno Capellano in Ecclesia beatae Mariae de Plassey in Comitatu Essexiae pro salubri statu Domini nostri Regis Henrici Septimi moderni Dominae Elizabethae Reginae Angliae praefatique Edwardi Comitis Wiltshyre dum viverent pro animabus ipsorum postquam ab hac luce subtracti fuerint pro animabus certarum aliarum personarum per ipsum Comitem nominatarum inferiùs expressatarum omnium fidelium defunctorum juxta ordinationem in ea parte faciendam celebraturis facere fundare creare erigere stabilire voluit intendebat ad hoc se disposuit Atque
Thomas and Elizabeth his Wife that the sayd Sir Thomas and Elizabeth his Wife over and above the portion of the same Dame Elizabeth of the same Mannors Lands and Tenements and of all other Mannors Lands and Tenements called the Greene's Lands shall have the Mannor of Drayton in Drayton the Conyngre and the Park of Drayton and the Pasture there called the Oxe Pasture dureing the life of the sayd Thomas and Elizabeth his Wife saveing the reversion thereof to the sayd Elizabeth Mordaunt Amy Constance Parre and Audree and to their Heirs Provided alwayes that the same Sir Thomas nor Elizabeth shall do no waste in the same Mannor and Park nor cut down no Tymber in the sayd Mannor Park or Conyngre And where alsoe the sayd Sir Thomas Cheyne Knight and Dame Elizabeth his Wife never had Issue begotten between them nor any belike to have because of the Age of the same Dame Elizabeth so that the sayd Sir Thomas is not intitled to have any part of the same Mannors Lands and Tenements nor other premisses nor intitled to have any other Mannors Lands or Tenements Rents Reversions Services Woods Avowsons Franchises and Hereditaments which at any time were of the sayd Costance late Countesse of Wiltes nor of the sayd Herry Greene Fader of the same Constance in England Wales and Marches of the same nor any part of them but onely dureing the life of the same Dame Elizabeth his Wife in her Right Yet neverthelesse for that the same Sir Thomas and Elizabeth nor any of theirs shall not discontinue nor aliene put away nor depart fro the sayd Mannors Lands and Tenements Rents Reversions Avousons and other premisses within the Realm of England Wales and the Marches of the same nor fro any parte or parcel of them But that all the sayd Mannors Lands and Tenements and other the premisses immediately after the decease of the sayd Margaret Countesse and after the decease of the sayd Sir Thomas and Dame Elizabeth his Wife shall descend grow goe and come to the sayd Elizabeth Mordaunt Amy Constance Parre and Audree Vere and their Heirs in like manner and forme and of like Estate as the sayd Herry Greene was inheritable unto the same It is agreed therefore between all and every of the sayd partyes in manner and forme following That the sayd Margaret now Countesse shall have and enjoy for terme of her life the sayd Mannors of Stamford-Rivers and Sutton in the County of Essex and all other Lands and Tenements that late were of the sayd Edward late Earle of Wiltes in Stamford-Rivers and Sutton in the same Countye And as moche of the sayd Lands and Tenements in the sayd Countye called Tracies Peggislonde and Botellis as with the sayd Mannors of Stamford-Rivers and Sutton shall be of the clere yerely value of fifty Pounds above all charges as well Stewards Fees Bayliffes Fees as other yerely charges which Mannors Lands and Tenements were of the inheritance of the sayd Edward late Earle of Wiltes descended to him by the sayd John late Earle of Wiltes his Fader whose Heire to the same Mannors Lands and Tenements the sayd now Duke is And the same Duke covenanteth and granteth by these Presents That he shall make or cause to be made all the sayd Mannors Lands and Tenements of the yerely value of fifty Pounds before the sixteenth day of July next comeing as sure to the sayd Margaret or other to her use dureing her life as by the Counsel of the sayd Margaret shall be devised at her Costs and Charges And for and in recompence of the residue of the sayd Duke of Bucks Lands which the sayd Margaret had in Joynture and alsoe to make up her full Joynture of three hundred Marks the same Margaret now Countesse shall have the sayd Mannors of Wamiden Emton Wolston and Chalton according to the Estate of her old Joynture thereof made And alsoe the Mannors Lands and Tenements following That is to say the Mannor of Grately in the Countye of Southampton and all Lands and Tenements that were of the sayd Edward late Earle of Wiltes in Grately in the sayd County The Mannor of Westbury in the Countye of Wiltes and all Lands and Tenements that were of the same late Earl in Westbury in the same Countye The Mannors of Ramides Ringstede Cotes Stanwike and Harringworth in the Countye of Northampton and all Lands and Tenements that were of the sayd late Earle in Ramides Ringstede Cotes Stanwike and Harringworth in the same Countye The Mannor of Buckworth in the Countye of Huntington and all Lands and Tenements that were of the same late Earle in Buckworth in the same Countye And the Mannor of Combton in the Countye of Cambrigge and all Lands and Tenements that were of the sayd late Earle in Combton in the sayd Countye All which Mannors Lands and Tenements in the sayd Countyes of Bedford Northampton Buckingham Huntington Cambrigge Southampton and Wiltes were of the Greene's Lands Except and alwayes reserveing unto the sayd Sir Thomas Cheyne and Hizabeth his Wife Elizabeth Mordaunt Amye Mordaunt Constance Parre and Audree Vere and to the Heirs of the sayd Elizabeth Mordaunt Amye Constance and Audree All Wards Marriages and Avousons belonging to the sayd Mannors Lands and Tenements and to every parcel of them All which sayd Mannors Lands and Tenements with the sayd Mannors of Wamiden Emton Wolston and Chalton are delivered to the sayd Margaret Countesse for and instede of the yerely value of one hundred and fifty Pounds over Charges as well Stewards Fees Bayliffes Fees as other annual Charges And the sayd Sir Thomas Cheyne and Elizabeth his Wife Sir Richard Gilford Alice Lady Fits Hugh and John Mordaunt the Fader Covenantyn and grantyn by these Presents that the sayd Sir Thomas and the sayd Dame Elizabeth his Wife and alsoe the sayd John Mordaunt the younger and Elizabeth his Wife Robert Mordaunt and Amye his Wife John Parre and Constance his Wife and the sayd Audree Vere and such as shall be her Husband if she be then marryed and alsoe all such persons as were lately infeoffed by the sayd Edward late Earle of Wiltes or now be infeoffed or seised of and in all the sayd Mannors Lands and Tenements sometimes of the sayd Herry Greene afore the sayd sixteenth day of July next coming shall suffer the sayd Margaret Stafford Countesse of Wiltes Johan Lesle Vicountesse Lesle John Grey Vicount Lesle Thomas Grey Esquire John Bretteyne Clerk Thomas Frowyke Sergeant at Law Edward Hungerford Esquire Thomas Marrow and John Gardiner to recover ayenst them the same Mannors Lands and Tenements in such forme and order and all other things doe and suffer to be done concerning the same recovere as by the Counsell learned of the sayd Countesse shall be avised at the Costs and Charges of the sayd Countesse The same recovere to be to the use of the sayd Countesse dureing her life and after her decease of the one moyety of the same Mannors Lands and Tenements with
potestate ad procedendum in eisdem juxta leges nostras civiles maritimas ac consuetudinem Curiae principalis nostrae Admiralitatis Angliae praedictae ab antiquo usitatas tam ex officio mere mixto vel promoto seu ad alicujus partis instantiam prout casus exiget expediens visum fuerit Volumus etiam per praesentes concedimus quòd praefatus Dominus Howard magnus Admirallus noster Angliae Praefectus Classis Marium nostrorum praedictorum ac ejus locum tenentes ac caeteri ejus officiarii ministri praedicti habeant cognitionem decisionem de wreco maris magno seu parvo ac de morte supervisione visu corporum mortuorum quarumcunque personarum in mare vel fluminibus publicis portubus aquis dulcibus seu crecis quibuscunque infra fluxum maris vel aquae praedictae ad plenitudinem per dicta regna nostra dominia praedicta ac jurisdictionem Admiralitatis nostrae praedictae custodiendum conservandum statutis nostris de wreco maris de officio Coronatoris annis tertio quarto Edwardi Primi atque Statutis de bonis spoliatis super mare venientibus in hoc Regnum nostris Angliae anno vicesimo septimo Edwardi Tertii progenitorum nostrorum quondam Regni Angliae respectivè editis provifis atque cognitionem de mahemio in locis praedictis infra fluxum maris aquae ad plenitudinem contingent cum potestate etiam puniendi delinquentes in ea parte quoscunque juxta juris exigentiam ac Curae Admiralitatis nostrae praedictae consuetudinem eò quòd expressa mentio de vero valore annuo vel certitudine praemissorum sive eorum alicujus aut de aliis donis sive concessionibus per nos seu aliquem progenitorum nostrorum praefato Domino Howard magno Admirallo nostro Praefecto generali Classis Marium nostrorum praedictorum ante haec tempora factis in praesentibus minimè facta existit aut aliquo Statuto actu ordinatione provisione prohibitione sive restrictione praesentibus literis nostris patentibus sive alicui parti seu clausulae in eisdem expressis vel insertis repugnantibus derogatoriis aut contrariis quibuscunque in contrarium factis editis ordinatis sive provisis seu aliqua alia re causa vel materia quacunque in aliquo non obstante mandantes firmiter strictè tenore praesentium percipientes atque per dictum magnum Admirallum Praefectum nostrum generalem ex parte nostra percipi mandari volentes universis singulis Proceribus Dominis Justiciariis Majoribus Vicecomitibus Capitaneis Senescallis Ballivis Custodibus Gaolorum carcerum nostrorum quorumcunque Constabulariisque ac caeteris Ministris fidelibus Subditis Ligeis nostris quibuscunque eorum cujuslibet infra libertates extra quod praefato Dimino Howard magno Admirallo nostro Angliae Praefecto generali Classis Marium nostrorum praedictorum ac officiariorum deputatis ministris suis quibuscunque eorum cuilibet in dicto officio Admiralitatis nostrae assignatis seu assignandis circa executionem praemissorum intendentes auxiliantes faventes pariter obedientes sint ac quòd mandatis praeceptis quibuscunque eis vel eorum alicui ex parte nostra per dictum Dominum Howard magnum Admirallum nostrum Angliae ac Praefectum generalem Classis Marium nostrorum praedictorum vel ejus nomine directè pareant sub poena contemptûs istarum literarum nostrarum patentium ac sub periculo incumbentium In cujus rei c. Teste Regina apud Westmonasterium vicesimo die Martii Anno Regni Reginae Mariae primo Per ipsam Reginam Concordatum cum Recordo examinatum per me S. Killingworth Cambdeni Elizabetha Pag. 28. JAM illa annos nata XXV usu adversitate efficacissimis magistris edocta prudentiam supra aetatem comparuerat cujus primum specimen in Conciliariis deligendis dedit In sanctius enim Concilium sibi adscivit Nicolaum Heathum Archiepiscopum Eboracensem quem dixi magna prudentia modesto ingenio virum Guilielmum Pawletum Wintoniae Marchionem summum Angliae Thesaurarium Henricum Fitz-Alanum Arundeliae Franciscum Talbottum Salopiae Edwardum Stanleium Derbiae Guilielmum Herbertum Penbrochiae Comites Edwardum Baronem Clintonum maris Praefectum Guilielmum Baronem Howardum Effinghamium Cubicularium Cambdeni Elizabetha Pag. 19. AD Hispanum in Belgio mittitur Baro Cobhamus cum documentis in eandem sententiam necnon cum diplomate quo Comes Arundeliae Thurlbeius Episcopus Eliensis D. Wottonus à Maria ad pacem Cameraci tractandam nuper delegati Reginae nomine denuo delegantur illisque Guilielmus Baro Howardus Effinghamius adjungitur Cambdeni Elizabetha Pag. 31. HINC visum ut ad castellum Cameracense de componendis controversiis pace concilianda agerent utrique delegati Pro Regina Angliae Thurlbeius Episcopus Eliensis Guilielmus Baro Howardus Effinghamius Reginae cubicularius supremus Nicolaus Wottonus Ecclesiarum metropolitanarum Cantuariae Eboraci Decanus Pro rege Galliae Carolus Cardinalis à Lotharyngia Archiepiscopus Dux Rihemensis Par primus Franciae Annas Dux Montmorentius Par Conestabilus magnus Magister Franciae Jacobus Albonus Dominus à St. Andraea Marchio Fronsac Franciae Marescallus Johannes Morvillerius Episcopus Aurelianensis Claudius Albospinaeus in Privato Concilio Secretarius Ex eodem iterum Pag. 209. INter pares appellatur ad judicium nepotis Ducis Norfolciae Ex eodem iterum Pag. 243. PRincipio hujus anni spiritum edidit Guilielmus Baro Howard Effinghamius privati Sigilli Custos Thomae Howardi Bellicosi illius Norfolciae Ducis de secunda Uxore Agnete Tilneia filius vir fidei spectatissimae animi invicti qui primum Caleti Praefectus in Baronum numerum à Regina Maria adstitus magnus Angliae Admirallus constitutus Cui postea Cubicularius erat ut etiam Elizabethae donec aetate fractus Sussexio paucis ante obitum mensibus cesserit privati Sigilli Custos factus qui in Anglia quartus est ut dixi honoris gradus Successit in Baroniae honore Carolus filius qui postea Reginae Cubicularius magnus itidem Angliae Admirallus CHARLES HOWARD Earl of Nottingham Peer and Lord High Admiral of England Lord Baron of Effingham Lord Chamberlain to the Queen Lord Justice and Heir of all her Majesties Forests Parks and Chaces on this side Trent Knight of the most Noble Order of the Garter and one of Her Majesties most Honourable Privy Council CHAPTER III. Hollinshed in the Life of Queen Elizabeth Pag. 1212. About the Rebellion of the Earls of Westmoreland and Northumberland AND the twentieth of December they came to Hexam from whence the Rebels were gone the Night before to Neworth where they counselled with Edward Dacres concerning their own weariness and also how they were not only pursued by the Earl of Sussex and